Enterprise Act 2002

Intervention notices

139Public interest intervention by Secretary of State

(1)The Secretary of State may give a notice to the Commission if—

(a)a market investigation reference has been made to the Commission;

(b)no more than four months has passed since the date of the reference;

(c)the reference is not finally determined; and

(d)the Secretary of State believes that it is or may be the case that one or more than one public interest consideration is relevant to the case.

(2)The Secretary of State may give a notice to the OFT if—

(a)the OFT is considering whether to accept—

(i)an undertaking under section 154 instead of making a reference under section 131; or

(ii)an undertaking varying or superseding any such undertaking;

(b)the OFT has published a notice under section 155(1) or (4); and

(c)the Secretary of State believes that it is or may be the case that one or more than one public interest consideration is relevant to the case.

(3)In this Part “intervention notice” means a notice under subsection (1) or (2).

(4)No more than one intervention notice shall be given under subsection (1) in relation to the same market investigation reference and no more than one intervention notice shall be given under subsection (2) in relation to the same proposed undertaking or in relation to proposed undertakings which do not differ from each other in any material respect.

(5)For the purposes of this Part a public interest consideration is a consideration which, at the time of the giving of the intervention notice concerned, is specified in section 153 or is not so specified but, in the opinion of the Secretary of State, ought to be so specified.

(6)Where the Secretary of State has given an intervention notice mentioning a public interest consideration which, at that time, is not finalised, he shall, as soon as practicable, take such action as is within his power to ensure that it is finalised.

(7)For the purposes of this Part a public interest consideration is finalised if—

(a)it is specified in section 153 otherwise than by virtue of an order under subsection (3) of that section; or

(b)it is specified in that section by virtue of an order under subsection (3) of that section and the order providing for it to be so specified has been laid before, and approved by, Parliament in accordance with subsection (6) of section 181 and within the period mentioned in that subsection.