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Enterprise Act 2002

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143 Publication etc. of reports of CommissionE+W+S+N.I.
This section has no associated Explanatory Notes

(1)The Commission shall publish a report under section 142 if it contains—

(a)the decision of the Commission that there is no adverse effect on competition; or

(b)the decisions of the Commission that there is one or more than one adverse effect on competition but, on the question mentioned in section 141(4)(a) and in relation to each adverse effect on competition, that no action should be taken by it.

(2)The Commission shall, at the same time as the report is published under subsection (1)—

(a)in the case of a reference under section 131, give it to the OFT; and

(b)in the case of a reference under section 132, give it to the appropriate Minister and give a copy of it to the OFT.

(3)Where a report under section 142 contains the decisions of the Commission that there is one or more than one adverse effect on competition and, on the question mentioned in section 141(4)(a) and in relation to at least one such adverse effect, that action should be taken by it, the Commission shall give the report to the Secretary of State.

(4)The Secretary of State shall publish, no later than publication of his decision under section 146(2) in relation to the case, a report of the Commission given to him under subsection (3) and not required to be published by virtue of section 148(2).

(5)The Secretary of State shall, at the same time as a report of the Commission given to him under subsection (3) is published under subsection (4), give a copy of it—

(a)in the case of a reference under section 131, to the OFT; and

(b)in the case of a reference under section 132, to any other Minister of the Crown who made the reference and to the OFT.

(6)Where a reference has been made by the OFT under section 131 or by the appropriate Minister under section 132 in circumstances in which a reference could have been made by a relevant sectoral regulator under section 131 as it has effect by virtue of a relevant sectoral enactment, the relevant authority shall, at the same time as the report under section 142 is published under subsection (1) or (4), give a copy of it to the relevant sectoral regulator concerned.

(7)Where a reference has been made by a relevant sectoral regulator under section 131 as it has effect by virtue of a relevant sectoral enactment, the relevant authority shall, at the same time as the report under section 142 is published under subsection (1) or (4), give a copy of it to the OFT.

(8)In subsections (6) and (7) “the relevant authority” means—

(a)in the case of a report published under subsection (1), the Commission; and

(b)in the case of a report published under subsection (4), the Secretary of State.

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