Part 3 U.K.Mergers

Chapter 5 U.K.Supplementary

ReportsF1U.K.

Textual Amendments applied to the whole legislation

F1Act: for the words "solicitor of the Supreme Court of Northern Ireland" wherever they occur there is substituted (prosp.) the words "solicitor of the Court of Judicature of Northern Ireland" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 5 [Editorial Note: this amendment will be carried through into the text of the Act at the same time as any other effects on the Act for the year in which the relevant commencement order (or first such order) is made]

118 Excisions from reportsU.K.

(1)Subsection (2) applies where the Secretary of State is under a duty to publish—

(a)a report of the OFT under section 44 or 61; or

(b)a report of the Commission under section 50 or 65.

(2)The Secretary of State may exclude a matter from the report concerned if he considers that publication of the matter would be inappropriate.

(3)In deciding what is inappropriate for the purposes of subsection (2) the Secretary of State shall have regard to the considerations mentioned in section 244.

(4)The body which has prepared the report shall advise the Secretary of State as to the matters (if any) which it considers should be excluded by him under subsection (2).

(5)References in sections 38(4) and 107(11) to the giving or laying of a report of the Commission shall be construed as references to the giving or laying of the report as published.

119 Minority reports of CommissionU.K.

(1)Subsection (2) applies where, on a reference to the Commission under this Part, a member of a group constituted in connection with the reference in pursuance of paragraph 15 of Schedule 7 to the Competition Act 1998 (c. 41), disagrees with any decisions contained in the report of the Commission under this Part as the decisions of the Commission.

(2)The report shall, if the member so wishes, include a statement of his disagreement and of his reasons for disagreeing.