Enterprise Act 2002

OtherU.K.

151[F1Public interest intervention cases: interaction with general procedure]U.K.

[F2(1)Sections 134(1), (1A), (4), (6) and (7), 136(1) to (6), 137(1) to (6), 138 and 138A do not apply in relation to a restricted PI reference or a full PI reference.]

(2)Where the Secretary of State revokes an intervention notice which has been given under section 139(1), [F3at a time after the Secretary of State has made a restricted PI reference or a full PI reference, the CMA shall proceed as if the reference concerned had instead been made under section 131 (in accordance with the requirements imposed by this Part).]

(3)Where the [F4CMA] is proceeding by virtue of subsection (2), the period within which the [F4CMA] shall prepare and publish its report under section 136 shall be extended by an additional period of 20 days.

(4)Where the [F5CMA] terminates its investigation under section 145(1)[F6, the CMA shall proceed as if the restricted PI reference or (as the case may be) the full PI reference concerned had instead been made by the CMA under section 131 (in accordance with the requirements imposed by this Part).]

(5)Where the [F7CMA] is proceeding by virtue of subsection (4), the period within which the [F7CMA] shall prepare and publish its report under section 136 shall be extended by an additional period of 20 days.

(6)In determining the period of 20 days mentioned in subsection (3) or (5) no account shall be taken of—

(a)Saturday, Sunday, Good Friday and Christmas Day; and

(b)any day which is a bank holiday in England and Wales.

Textual Amendments

Modifications etc. (not altering text)

C5Pt. 4 certain functions made exercisable concurrently (1.4.2014) by Financial Services (Banking Reform) Act 2013 (c. 33), s. 59(1)-(5), 148(5); S.I. 2014/823, art.

152 Certain duties of [F8CMA] U.K.

(1)The [F9CMA] shall, in considering whether to make a reference under section 131, bring to the attention of the Secretary of State any case which it believes raises any consideration specified in section 153 unless it believes that the Secretary of State would consider any such consideration immaterial in the context of the particular case.

F10(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The [F11CMA] shall bring to the attention of the Secretary of State any representations about exercising his power under section 153(3) which have been made to the [F12CMA].

153Specified considerations: Part 4U.K.

(1)The interests of national security are specified in this section.

(2)In subsection (1) “national security” includes public security; and in this subsection “public security” has the same meaning as in article [F1321(4) of Council Regulation (EC) No 139/2004 of 20th January 2004 on the control of concentrations between undertakings.].

(3)The Secretary of State may by order modify this section for the purpose of specifying in this section a new consideration or removing or amending any consideration which is for the time being specified in this section.

(4)An order under this section may apply in relation to cases under consideration by the [F14CMA], [F15by the Secretary of State or] by the appropriate Minister (other than the Secretary of State acting alone) F16... before the making of the order as well as cases under consideration on or after the making of the order.