Financial Services and Markets Act 2000

160 Reports by [F1 OFT]. E+W+S+N.I.

(1) The [F2 OFT] must keep the regulating provisions and the Authority’s practices under review.

(2) If at any time the [F2 OFT] considers that—

(a) a regulating provision or practice has a significantly adverse effect on competition, or

(b) two or more regulating provisions or practices taken together, or a particular combination of regulating provisions and practices, have such an effect,

[F3 the OFT] must make a report to that effect.

(3) If at any time the [F2 OFT] considers that—

(a) a regulating provision or practice does not have a significantly adverse effect on competition, or

(b) two or more regulating provisions or practices taken together, or a particular combination of regulating provisions and practices, do not have any such effect,

[F3 the OFT] may make a report to that effect.

(4) A report under subsection (2) must include details of the adverse effect on competition.

(5) If the [F2 OFT] makes a report under subsection (2) [F3 the OFT] must—

(a) send a copy of it to the Treasury, the Competition Commission and the Authority; and

(b) publish it in the way appearing to [F4 it] to be best calculated to bring it to the attention of the public.

(6) If the [F2 OFT] makes a report under subsection (3)—

(a) [F3 the OFT] must send a copy of it to the Treasury, the Competition Commission and the Authority; and

(b) [F3 the OFT] may publish it.

(7) Before publishing a report under this section the [F2 OFT] must, so far as practicable, exclude any matter which relates to the private affairs of a particular individual the publication of which, in the opinion of the [F2 OFT], would or might seriously and prejudicially affect his interests.

(8) Before publishing such a report the [F2 OFT] must, so far as practicable, exclude any matter which relates to the affairs of a particular body the publication of which, in the opinion of the [F2 OFT], would or might seriously and prejudicially affect its interests.

(9) Subsections (7) and (8) do not apply in relation to copies of a report which the [F2 OFT] is required to send under subsection (5)(a) or (6)(a).

(10) For the purposes of the law of defamation, absolute privilege attaches to any report of the [F2 OFT] under this section.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1 Words in s. 160 sidenote substituted (1.4.2003) by Enterprise Act 2002 (c. 40), ss. 278(1), 279, Sch. 25 para. 40(3)(b); S.I. 2003/766, art. 2, Sch. (with art. 3)

F2 Words in s. 160 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), ss. 278(1), 279, Sch. 25 para. 40(3)(a); S.I. 2003/766, art. 2, Sch. (with art. 3)

F3 Words in s. 160 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), ss. 278(1), 279, Sch. 25 para. 40(3)(a); S.I. 2003/766, art. 2, Sch. (with art. 3)

F4 Word in s. 160 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), ss. 278(1), 279, Sch. 25 para. 40(3)(a); S.I. 2003/766, art. 2, Sch. (with art. 3)