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Enterprise and Regulatory Reform Act 2013

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This is the original version (as it was originally enacted).

Requirement to make rules of procedure for certain groups

This section has no associated Explanatory Notes

51(1)The CMA Board must make rules of procedure for merger reference groups, market reference groups, and special reference groups.

(2)Those rules are subject to any provision made by or under any enactment in respect of the procedure of a CMA group.

(3)Before making rules under this paragraph, the CMA Board must consult such persons as it considers appropriate.

(4)The CMA Board must publish rules made under this paragraph in whatever manner it considers appropriate for bringing them to the attention of those likely to be affected by them.

(5)Subject to rules made under this paragraph, and to any provision made by or under any enactment, a CMA group of a type referred to in sub-paragraph (1) may determine its own procedure.

(6)In this paragraph and paragraph 53—

(a)“market reference group” means a CMA group constituted in connection with a reference under section 131, 132 or 140A of the Enterprise Act 2002;

(b)“merger reference group” means a CMA group constituted in connection with a reference under section 32 of the Water Industry Act 1991 or section 22, 33, 45, or 62 of the Enterprise Act 2002;

(c)“special reference group” means a CMA group constituted in connection with a reference under—

(i)section 11 of the Competition Act 1980;

(ii)section 41E of the Gas Act 1986;

(iii)section 56C of the Electricity Act 1989;

(iv)section 12, 14 or 17K of the Water Industry Act 1991;

(v)article 15 of the Electricity (Northern Ireland) Order 1992 (SI 1992/231 (NI 1));

(vi)section 13 of, or Schedule 4A to, the Railways Act 1993;

(vii)article 15 of the Gas (Northern Ireland) Order 1996 (SI 1996/275 (NI 2));

(viii)section 12 of the Transport Act 2000;

(ix)section 193 of the Communications Act 2003;

(x)article 3 of the Water Services etc (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 (SI 2005/3172).

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