Enterprise Act 2002

Reports U.K.

177 Excisions from reports [F1 etc]: Part 4 U.K.

(1) Subsection (2) applies where

[F2 (a)] the Secretary of State is under a duty to publish a report of the [F3 CMA] under section 142[F4 ;

(b) the Secretary of State is under a duty to lay the CMA’s advice under section 162(3) or 162A(8) before each House of Parliament.]

(2) The Secretary of State may exclude a matter from the report [F5 or advice] if he considers that publication of the matter [F6 , or the inclusion of it in the advice laid before Parliament,] would be inappropriate.

(3) In deciding what is inappropriate for the purposes of subsection (2) the Secretary of State shall have regard to the considerations mentioned in section 244.

(4) The [F7 CMA] shall advise the Secretary of State as to the matters (if any) which it considers should be excluded by him under subsection (2).

(5) References in sections 136(4) to (6)F8 ... and 172(10) to the giving or laying of a report of the [F9 CMA] shall be construed as references to the giving or laying of the report as published.

Textual Amendments

F1 Word in s. 177 heading inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 139(8)(a), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2) (with Sch. para. 11, 20)

F2 Words in s. 177(1)(a) in s. 177(1) renumbered as s. 177(1)(a) (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 139(8)(b)(i), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2) (with Sch. para. 11, 20)

F3 Word in s. 177(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 205 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F4 S. 177(1)(b) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 139(8)(b)(ii), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2) (with Sch. para. 11, 20)

F5 Words in s. 177(2) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 139(8)(c)(i), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2) (with Sch. para. 11, 20)

F6 Words in s. 177(2) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 139(8)(c)(ii), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2) (with Sch. para. 11, 20)

F7 Word in s. 177(4) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 205 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F8 Words in s. 177(5) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 10 para. 31; S.I. 2014/416, art. 2(1)(d) (with Sch.)

F9 Word in s. 177(5) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 205 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

178 Minority reports of [F10 CMA]: Part 4 U.K.

(1) Subsection (2) applies where, on a market investigation reference, a member of a group constituted in connection with the reference F11 ..., disagrees with any decisions contained in the report of the [F12 CMA] under this Part as the decisions of the [F12 CMA].

(2) The report shall, if the member so wishes, include a statement of his disagreement and of his reasons for disagreeing.

Textual Amendments

F10 Word in s. 178 heading substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 206(3) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F11 Words in s. 178(1) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 206(2)(a) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F12 Word in s. 178(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 206(2)(b) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)