SCHEDULES
SCHEDULE 12Markets: time-limits
Time-limits: consequential and other minor amendments
I27
Part 4 of the 2002 Act (market investigations) is amended as follows.
I38
In the heading of that Part, at the beginning insert “
Market Studies and
”
.
I49
In the heading of Chapter 1, at the beginning insert “
Market Studies and
”
.
I510
1
Section 132 (ministerial power to make references) is amended as follows.
2
In subsection (1)—
a
after “services” insert
—
a
b
at the end insert
; and
b
in a case in which the CMA has published a market study notice under section 130A, the period permitted by section 131B for the preparation and publication by the CMA of the market study report has expired.
3
In subsection (2)(b), for “to make such a reference” substitute “
to publish a market study notice in relation to the matter concerned
”
.
I611
In section 135 (variation of references), omit subsection (4).
I712
In section 156 (effect of undertakings under section 154), after subsection (2) insert—
3
The expiry of the period mentioned in section 131B(4) does not prevent the making of a market investigation reference if the CMA has accepted an undertaking or group of undertakings under section 154 and—
a
the CMA considers that any undertaking concerned has been breached and has given notice of that fact to the person responsible for giving the undertaking; or
b
the person responsible for giving any undertaking concerned supplied, in connection with the matter, information to the OFT which was false or misleading in a material respect.
I813
In section 169 (certain duties of relevant authorities to consult: Part 4), in subsection (6), in the definition of “relevant decision”—
a
in paragraph (a), for sub-paragraph (i) substitute—
i
to make a reference under section 131 in a case where the CMA has not published a market study notice under section 130A in relation to the matter concerned;
ia
as to whether to accept undertakings under section 154 instead of making any reference under section 131;
b
in paragraph (b)(i), omit “as to whether”.
I914
1
Section 172 (further publicity requirements: Part 4) is amended as follows.
2
In subsection (1), after paragraph (a) insert—
aa
any decision not to make a reference under section 131 following a consultation in relation to the matter concerned under section 169;
3
In subsection (2)—
a
before paragraph (a) insert—
za
any extension by it under section 137 of the period within which a report under section 136 is to be prepared and published;
zb
any extension by it under section 138A of the period within which its duty under section 138(2) is to be discharged;
b
after paragraph (b) insert—
ba
any extension by it under section 144 of the period within which a report under section 142 is to be prepared and action is to be taken in relation to it;
4
After subsection (7) insert—
7A
Subsection (6) shall not apply in relation to any case falling within subsection (1)(a).
I1015
In section 179 (review of decisions under Part 4), in subsection (2), before paragraph (a) insert—
za
does not include a decision whether to carry out functions under section 5 in a case where the CMA is, or would have been, required to publish a market study notice (see section 130A(1));
I1I1116
1
Section 181 (orders under Part 4) is amended as follows.
2
In subsection (3), for “136(9), 137(3)” substitute “
131C(1), 136(9), 137(3), 138B(6)
”
.
3
In subsection (4), for “137(3)” substitute “
131C(1), 137(3), 138B(6)
”
.
I1017
In section 184 (index of defined expressions in Part 4), after the entry in the table for “market investigation reference” insert—
Market study notice
Section 130A(1)
“Market study report
Section 131B(4)