PART 4U.K.CMA: referrals and functions

CHAPTER 1U.K.Functions on referrals of subsidies and schemes

Voluntary referralsU.K.

57CMA reporting period for voluntary referralU.K.

(1)Where the CMA receives from a public authority a request under section 56(1) that complies with the requirements under section 56(2), the CMA must decide whether to prepare a report in response to the request.

(2)The CMA must, before the end of five working days beginning with the day on which a request is received under section 56(1), give notice to the public authority—

(a)that a report will be prepared in response to the request, or

(b)providing reasons as to why the CMA has decided not to prepare a report.

(3)Subject to subsection (4), where the CMA gives a notice under subsection (2)(a), the CMA must—

(a)before the end of the reporting period, publish a report on the proposed subsidy or subsidy scheme, in such manner as the CMA considers appropriate, and

(b)give a copy of the report to the public authority and the Secretary of State as soon as reasonably practicable after it is published.

(4)If the proposed subsidy is given, or scheme is made, before the CMA has prepared or published its report, the CMA may decide whether or not to prepare or publish the report.

(5)Subject to subsection (6), “reporting period” means—

(a)the period of 30 working days beginning with the day on which the notice under subsection (2)(a) is given to the public authority, or

(b)such other period as is agreed in writing between the CMA and the public authority.

(6)The reporting period may be extended if an extension is agreed in writing between the CMA and the public authority before the end of the reporting period.

(7)Where the reporting period is agreed under subsection (5)(b) or extended under subsection (6), the CMA must publish a notice setting out the agreement or extension, and the reasons for it, in such manner as the CMA considers appropriate.

(8)The Secretary of State may by regulations amend the periods of time specified in subsections (2) and (5)(a).

(9)Regulations under subsection (8) are subject to the affirmative procedure.