Health and Social Care Act 2012

Changes following report

7(1)This paragraph applies where a report of the Competition Commission on a reference—

(a)includes conclusions to the effect that any of the matters specified in the reference operate, or may be expected to operate, against the public interest,

(b)specifies effects adverse to the public interest which those matters have or may be expected to have,

(c)includes conclusions to the effect that those effects could be remedied or prevented by changes to the matters specified in the reference, and

(d)specifies changes by which those effects could be remedied or prevented.

(2)Monitor must make such changes to the matters specified in the reference as it considers necessary for the purpose of remedying or preventing the adverse effects specified in the report.

(3)Before making changes under this paragraph, Monitor must have regard to the changes specified in the report.

(4)Before making changes under this paragraph, Monitor must send a notice—

(a)stating that it proposes to make the changes and setting out their effect,

(b)stating the reasons why it proposes to make the changes, and

(c)specifying the period within which representations with respect to the changes may be made.

(5)A period specified for the purposes of sub-paragraph (4)(c) must not be less than 28 days beginning with the day after that on which the notice is published.

(6)Monitor must send the notice to the relevant persons.

(7)Monitor must also publish the notice.

(8)After considering such representations as it receives before the end of the period specified under sub-paragraph (4)(c), Monitor must send a notice to the Competition Commission—

(a)specifying the changes it proposes to make to remedy or prevent the adverse effects specified in the report, and

(b)stating the reasons for proposing to make the changes.

(9)Monitor must include with the notice under sub-paragraph (8) a copy of the representations referred to in that sub-paragraph.

(10)If a direction under paragraph 8 is not given to Monitor before the end of the period of four weeks beginning with the date on which it sends the notice under sub-paragraph (8), Monitor must make the changes specified in the notice.

(11)If a direction under that paragraph is given to Monitor before the end of that period, Monitor must make such of the changes as are not specified in the direction.