160 Reports by [F1OFT].U.K.
(1)The [F2OFT] must keep the regulating provisions and the Authority’s practices under review.
(2)If at any time the [F2OFT] 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,
[F3the OFT] must make a report to that effect.
(3)If at any time the [F2OFT] 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,
[F3the 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 [F2OFT] makes a report under subsection (2) [F3the 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 [F4it] to be best calculated to bring it to the attention of the public.
(6)If the [F2OFT] makes a report under subsection (3)—
(a)[F3the OFT] must send a copy of it to the Treasury, the Competition Commission and the Authority; and
(b)[F3the OFT] may publish it.
(7)Before publishing a report under this section the [F2OFT] 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 [F2OFT], would or might seriously and prejudicially affect his interests.
(8)Before publishing such a report the [F2OFT] 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 [F2OFT], 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 [F2OFT] 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 [F2OFT] under this section.
Textual Amendments
F1Words 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)
F2Words 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)
F3Words 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)
F4Word 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)