Further references and investigations
11 References of public bodies and certain other persons to the F20CMA
1
The Secretary of State may at any time refer to the F22CMA any question relating to—
a
the efficiency and costs of, F12or
b
the service provided by, F13...
F13c
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a person falling within subsection (3) below and specified in the reference, including any question whether, in relation to a matter falling within F11paragraph (a) or (b) above, the person is pursuing a course of conduct which operates against the public interest.
F142
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3
The persons referred to in subsection (1) above are—
a
any body corporate—
i
which supplies goods or services by way of business,
ii
the affairs of which are managed by its members, and
iii
the members of which hold office as such by virtue of their appointment to that or another office by a Minister under any enactment; or
F1aa
any publicly owned railway company, within the meaning of the Railways Act 1993, which supplies network services or station services, within the meaning of Part I of that Act; or
F2b
any person (not falling within paragraph (a) above) who provides in Northern Ireland a bus service within the meaning of section 14 of the Finance Act (Northern Ireland) 1966; or
F17bb
any person who provides a railway passenger service in pursuance of an agreement entered into by Transport for London or any of its subsidiaries (within the meaning of the Greater London Authority Act 1999) by virtue of section 156(2) or (3) of the Greater London Authority Act 1999;
F3c
the National Rivers Authority;
F18ca
Scottish Water;
F4cc
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d
e
any body corporate with a statutory duty to promote and assist the maintenance and development of the efficient supply of any goods or services by a body falling within paragraphs (a) to (d) above; or
f
any subsidiary, within the meaning of F19section 1159 of the Companies Act 2006, of a body falling within paragraphs (a) to (e) above.
4
The Secretary of State may by order exclude from subsection (3)(b) F7or (bb) above persons of such descriptions as may be specified in the order.
5
No question concerning a person falling within subsection (3)(b) F8or (bb) above or a subsidiary of a body falling within F9that subsectionF9either of those paragraphs may be referred to the F24CMA under this section unless it relates to the carriage of passengers by the person or, as the case may be, the subsidiary.
6
The Secretary of State may at any time by notice given to the F25CMA vary a reference under this section.
7
On making a reference under this section or on varying such a reference under subsection (6) above the Secretary of State shall arrange for the reference or, as the case may be, the variation to be published in such manner as he considers most suitable for bringing it to the attention of persons who in his opinion would be affected by it or be likely to have an interest in it.
8
On a reference under this section the F23CMA shall investigate and report on any question referred to them but shall exclude from their investigation and report consideration of—
a
any question relating to the appropriateness of any financial obligations or guidance as to financial objectives (however expressed) imposed on or given to the person in question by or under any enactment, or otherwise by a Minister; F10. . .
F10b
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F159
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F169A
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10
A report of the F26CMA on a reference under this section shall be made to the Secretary of State and shall state, with reasons, the conclusions of the F26CMA with respect to any question referred to them and, where the F26CMA conclude that the person specified in the reference is pursuing a course of conduct which operates against the public interest, the report may include recommendations as to what action (if any) should be taken by the person for the purpose of remedying or preventing what the F26CMA consider are the adverse effects of that course of conduct.
F2110A
The functions of the CMA with respect to a reference under this section (including functions under sections 109 to 115 of the Enterprise Act 2002, as applied by section 11B) are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013.
11
In this section “Minister” includes a Northern Ireland department and the head of such a department.