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(1)For the purpose of section 110A(5), the CMA finally decides whether to make a reference under section 22 [F2, 33, 68B or 68C] if—
(a)the CMA decides that the duty to make such a reference applies;
(b)the CMA accepts an undertaking under section 73;
(c)the CMA decides not to make such a reference (otherwise than because it has accepted an undertaking under section 73);
(d)the initial period for the purposes of section 34ZA expires without the CMA having complied with the duty under subsection (1) of that section;
F3(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f)the period permitted by section 73A for the CMA to make a decision required by subsection (2)(a) or (3) of that section expires without the CMA having made the decision.
(2)For the purpose of section 110A(5), the time when the CMA finally decides whether to make a reference under section 22 [F4, 33, 68B or 68C] is—
(a)in a case falling within subsection (1)(a), the making of the decision that the duty to make such a reference applies;
(b)in a case falling within subsection (1)(b), the acceptance of the undertaking;
(c)in a case falling within subsection (1)(c), the making of the decision not to make the reference;
(d)in a case falling within subsection (1)(d), the expiry of the initial period;
F5(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f)in a case falling within subsection (1)(f), the expiry of the period in question.
(3)For the purpose of section 110A(7), the Secretary of State finally decides whether to make a reference under section 45 or 62 if—
(a)the Secretary of State makes such a reference;
(b)the Secretary of State accepts an undertaking under paragraph 3 of Schedule 7;
(c)the Secretary of State decides not to make such a reference (otherwise than because of the acceptance of an undertaking under paragraph 3 of Schedule 7);
F6(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)For the purpose of section 110A(7), the time when the Secretary of State finally decides whether to make a reference under section 45 or 62 is—
(a)in a case falling within subsection (3)(a), the making of the reference;
(b)in a case falling within subsection (3)(b), the acceptance of the undertaking;
(c)in a case falling within subsection (3)(c), the making of the decision not to make the reference;
F7(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)Paragraph 7(8) to (10) of Schedule 7 applies for deciding if and when a reference under section 45(2) or (3) or 62(2) is finally determined for the purpose of section 110A(8) as it applies for deciding those questions for the purpose of paragraph 7 of Schedule 7.
(6)Paragraph 8(7) to (9) of Schedule 7 applies for deciding if and when a reference under section 45(4) or (5) or 62(3) is finally determined for the purpose of section 110A(8) as it applies for deciding those questions for the purpose of the definition of “relevant period” in paragraph 8(6) of that Schedule.]
Textual Amendments
F1Ss. 110A, 110B inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 29(11), 103(3); S.I. 2014/416, art. 2(1)(b) (with Sch.) (with savings in The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 6 (with art. 3))
F2Words in s. 110B(1) substituted (26.10.2023) by Energy Act 2023 (c. 52), s. 334(2)(j), Sch. 16 para. 29
F3S. 110B(1)(e) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 51(2) (with Sch. 4 paras. 24, 28) (as amended by S.I. 2020/1343, regs. 1(1), 35-59); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in s. 110B(2) substituted (26.10.2023) by Energy Act 2023 (c. 52), s. 334(2)(j), Sch. 16 para. 29
F5S. 110B(2)(e) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 51(3) (with Sch. 4 paras. 24, 28) (as amended by S.I. 2020/1343, regs. 1(1), 35-59); 2020 c. 1, Sch. 5 para. 1(1)
F6S. 110B(3)(d) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 51(4) (with Sch. 4 paras. 24, 28) (as amended by S.I. 2020/1343, regs. 1(1), 35-59); 2020 c. 1, Sch. 5 para. 1(1)
F7S. 110B(4)(d) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 51(5) (with Sch. 4 paras. 24, 28) (as amended by S.I. 2020/1343, regs 1(1), 35-59); 2020 c. 1, Sch. 5 para. 1(1)
Modifications etc. (not altering text)
C1S. 110B saving for the effect of 2013 c. 24, s. 29(11) (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 6 (with art. 3)
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