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Enterprise Act 2002
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Changes over time for: Section 105
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- 20/06/2003- Amendment
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- 26/10/2023
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Enterprise Act 2002, Section 105 is up to date with all changes known to be in force on or before 17 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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105 General information duties of [F1CMA] U.K.
This section has no associated Explanatory Notes
(1)Where the [F2CMA] decides to investigate a matter so as to enable it to decide whether to make a reference under section 22 [F3, 33, 68B or 68C], or so as to make a report under section 44 or 61, it shall, so far as practicable, take such action as it considers appropriate to bring information about the investigation to the attention of those whom it considers might be affected by the creation of the relevant merger situation concerned or (as the case may be) the special merger situation concerned.
[F4(1A)Where OFCOM decide to investigate a matter so as to make a report under section 44A or 61A, they shall, so far as practicable, take such action as they consider appropriate to bring information about the investigation to the attention of those who they consider might be affected by the creation of the relevant merger situation concerned or (as the case may be) the special merger situation concerned.]
(2)[F5Subsections (1) and (1A) do] not apply in relation to arrangements which might result in the creation of a relevant merger situation if a merger notice has been given in relation to those arrangements under section 96.
(3)The [F6CMA] shall give the F7... [F8OFCOM]—
(a)such information in its possession as F9...[F10OFCOM] may reasonably require to enable the F9...[F10OFCOM] to carry out its functions under this Part; and
(b)any other assistance which the F11... [F10OFCOM] may reasonably require for the purpose of assisting it in carrying out its functions under this Part and which it is within the power of the [F12CMA] to give.
[F13(3A)OFCOM shall give the [F14 CMA ] —
(a)such information in their possession as the [F15CMA] may reasonably require to enable the [F15CMA] to carry out its functions under this Part; and
(b)any other assistance which the [F15CMA] may reasonably require for the purpose of assisting it in carrying out its functions under this Part and which it is within the power of OFCOM to give.]
(4)The [F16CMA] shall give the [F17OFCOM] any information in its possession which has not been requested by the F18... [F19OFCOM] but which, in the opinion of the [F16CMA], would be appropriate to give to the F18... [F19OFCOM] for the purpose of assisting it in carrying out its functions under this Part.
[F20(4A)OFCOM shall give the [F21CMA] any information in their possession which has not been requested by the [F22CMA] but which, in the opinion of OFCOM, would be appropriate to give to the [F22CMA] for the purpose of assisting it in carrying out its functions under this Part.]
(5)The [F23CMA and OFCOM] shall give the Secretary of State—
(a)such information in their possession as the Secretary of State may by direction reasonably require to enable him to carry out his functions under this Part; and
(b)any other assistance which the Secretary of State may by direction reasonably require for the purpose of assisting him in carrying out his functions under this Part and which it is within the power of the [F24CMA or (as the case may be) OFCOM] to give.
(6)The [F25CMA] [F26and OFCOM] shall give the Secretary of State any information in [F27their] possession which has not been requested by the Secretary of State but which, in the opinion of the [F25CMA] [F28or (as the case may be) OFCOM], would be appropriate to give to the Secretary of State for the purpose of assisting him in carrying out his functions under this Part.
(7)The [F29CMA] shall have regard to any information given to it under subsection [F30(3A) or (4A)]; and the Secretary of State shall have regard to any information given to him under subsection (5) or (6).
[F31(7A)OFCOM shall have regard to any information given to them under subsection (3) or (4);] F32...
(8)Any direction given under subsection (5)—
(a)shall be in writing; and
(b)may be varied or revoked by a subsequent direction.
Textual Amendments
F1Word in s. 105 heading substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 137(11) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F2Word in s. 105(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 137(2) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F3Words in s. 105(1) substituted (26.10.2023) by Energy Act 2023 (c. 52), s. 334(2)(j), Sch. 16 para. 24
F4S. 105(1A) inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 382(2), 411(2)(3) (with transitional provisions in Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to arts. 3(3), 11)
F5Words in s. 105(2) substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 382(3), 411(2)(3) (with transitional provisions in Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to arts. 3(3), 11)
F6Word in s. 105(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 137(3)(a)(i) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F7Words in s. 105(3) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 137(3)(a)(ii) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F8Words in s. 105(3) inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 382(4)(a), 411(2)(3) (with transitional provisions in Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to arts. 3(3), 11)
F9Words in s. 105(3)(a) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 137(3)(b) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F10Words in s. 105(3) inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 382(4)(b), 411(2)(3) (with transitional provisions in Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to arts. 3(3), 11)
F11Words in s. 105(3)(b) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 137(3)(c)(i) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F12Word in s. 105(3)(b) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 137(3)(c)(ii) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F13S. 105(3A) inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 382(5), 411(2)(3) (with transitional provisions in Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to arts. 3(3), 11)
F14Word in s. 105(3A) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 137(4)(a) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F15Word in s. 105(3A) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 137(4)(b) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F16Word in s. 105(4) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 137(5)(a) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F17Word in s. 105(4) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 137(5)(b) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F18Words in s. 105(4) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 137(5)(c) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F19Words in s. 105(4) inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 382(6)(b), 411(2)(3) (with transitional provisions in Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to arts. 3(3), 11)
F20S. 105(4A) inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 382(7), 411(2)(3) (with transitional provisions in Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to arts. 3(3), 11)
F21Word in s. 105(4A) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 137(6)(a) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F22Word in s. 105(4A) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 137(6)(b) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F23Words in s. 105(5) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 137(7)(a) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F24Words in s. 105(5)(b) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 137(7)(b) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F25Word in s. 105(6) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 137(8) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F26Words in s. 105(6) inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 382(9)(a), 411(2)(3) (with transitional provisions in Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to arts. 3(3), 11)
F27Word in s. 105(6) substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 382(9)(b), 411(2)(3) (with transitional provisions in Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to arts. 3(3), 11)
F28Words in s. 105(6) inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 382(9)(c), 411(2)(3) (with transitional provisions in Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1
F29Word in s. 105(7) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 137(9)(a) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F30Words in s. 105(7) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 137(9)(b) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F31S. 105(7A) inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 382(11), 411(2)(3) (with transitional provisions in Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to arts. 3(3), 11)
F32Words in s. 105(7A) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 137(10) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
Modifications etc. (not altering text)
C1S. 105 applied (with modifications) (20.6.2003) by The Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003 (S.I. 2003/1592), art. 15, Sch. 3 para. 1(1)(m)(13) (as amended by S.I. 2003/3180, art. 2, Sch. para. 10(13) (with transitional provisions and savings in art. 3) and (1.4.2014) by The Enterprise Act 2002 (Protection of Legitimate Interests) (Amendment) Order 2014 (S.I. 2014/891), arts. 1, 18(1)-(17) (with arts. 20-23))
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