Enterprise Act 2002

Reports

177Excisions from reports: Part 4

(1)Subsection (2) applies where the Secretary of State is under a duty to publish a report of the Commission under section 142.

(2)The Secretary of State may exclude a matter from the report if he considers that publication of the matter would be inappropriate.

(3)In deciding what is inappropriate for the purposes of subsection (2) the Secretary of State shall have regard to the considerations mentioned in section 244.

(4)The Commission shall advise the Secretary of State as to the matters (if any) which it considers should be excluded by him under subsection (2).

(5)References in sections 136(4) to (6), 143(2) and (5) to (7), 148(3) to (5) and 172(10) to the giving or laying of a report of the Commission shall be construed as references to the giving or laying of the report as published.

178Minority reports of Commission: Part 4

(1)Subsection (2) applies where, on a market investigation reference, a member of a group constituted in connection with the reference in pursuance of paragraph 15 of Schedule 7 to the Competition Act 1998 (c. 41), disagrees with any decisions contained in the report of the Commission under this Part as the decisions of the Commission.

(2)The report shall, if the member so wishes, include a statement of his disagreement and of his reasons for disagreeing.