Part II Legal Services

Miscellaneous and supplementary

I140 Advisory and supervisory functions of the F4CMA

1

Before—

a

F1approving any rules made under section 17(11) or 18(10) of this Act; or

b

approving any rules—

F2i

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ii

such as are mentioned in section 31(1) or (2),

of this Act; or

c

considering any provisions of a draft scheme under section 26(1) or (3) of this Act,

the Secretary of State shall first send a copy of the proposed regulations, rules or provisions to the F5CMA

2

The F5CMA shall consider whether any such F3... rules or provisions as are mentioned in subsection (1) above would have, or would be likely to have, the effect of restricting, distorting or preventing competition to any significant extent.

3

When the F6CMA has completed its consideration it shall give such advice to the Secretary of State F7as it thinks fit.

4

F8The CMA may publish any advice given under subsection (3) above.

5

The F9CMA shall, so far as practicable, exclude from anything published under subsection (4) above any matter—

a

which relates to the affairs of a particular person; and

b

the publication of which would, or might in the F10CMA's opinion, seriously and prejudicially affect the interests of that person.

6

For the purposes of the law of defamation, the publication of any advice by the Director under this section shall be absolutely privileged.