Part 4Market Studies and Market Investigations
Chapter 1 Market Studies and market investigation references
Determination of references
F1138BSection 138A: supplementary
(1)
A period extended under section 138A(2) may also be extended under section 138A(3), and a period extended under section 138A(3) may also be extended under section 138A(2).
(2)
No more than one extension is possible under section 138A(2).
(3)
Where a period is extended or further extended under section 138A(2) or (3), the period as extended or (as the case may be) further extended shall, subject to subsections (4) and (5), be calculated by taking the period being extended and adding to it the period of the extension (whether or not those periods overlap in time).
(4)
Subsection (5) applies where—
(a)
the period within which the CMA shall discharge its duty under section 138(2) is further extended;
(b)
the further extension and at least one previous extension is made under section 138A(3); and
(c)
the same days or fractions of days are included in or comprise the further extension and are included in or comprise at least one such previous extension.
(5)
In calculating the period of the further extension, any days or fractions of days of the kind mentioned in subsection (4)(c) shall be disregarded.
(6)
The Secretary of State may by order amend section 138A so as to alter one or more of the following periods—
(a)
the period of 6 months mentioned in subsection (1) or any period for the time being there mentioned in substitution for that period;
(b)
the period of 4 months mentioned in subsection (2) or any period for the time being there mentioned in substitution for that period.
(7)
But no alteration shall be made by virtue of subsection (6) which results in—
(a)
the period for the time being mentioned in section 138A(1) exceeding 6 months; or
(b)
the period for the time being mentioned in section 138A(2) exceeding 4 months.
(8)
Before making an order under subsection (6) the Secretary of State shall consult the CMA and such other persons as the Secretary of State considers appropriate.