Legal Services Act 2007

57Reports by the [F1CMA]E+W

This section has no associated Explanatory Notes

(1)If the [F2CMA] is of the opinion that the regulatory arrangements of an approved regulator (or any part of them) prevent, restrict or distort competition within the market for reserved legal services to any significant extent, or are likely to do so, the [F2CMA] may prepare a report to that effect.

(2)A report under subsection (1)—

(a)must state what, in the [F3CMA's] opinion, is the effect, or likely effect, on competition of the regulatory arrangements or part of them to which the report relates, and

(b)may contain recommendations as to the action which the Board should take for the purpose of ensuring that the regulatory arrangements of the approved regulator do not prevent, restrict or distort competition.

(3)Where the [F4CMA] makes a report under subsection (1), it must—

(a)give a copy of the report to the Board, the Consumer Panel and the approved regulator, and

(b)publish the report.

(4)Before publishing a report under subsection (3)(b), the [F4CMA] 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 [F4CMA], would or might seriously and prejudicially affect the interests of that individual.

(5)The [F4CMA] may exercise any of the powers conferred on it by section 174(3) to (5) [F5and (6A)] of the Enterprise Act 2002 (c. 40) (investigation powers) for the purpose of assisting it in exercising its functions under this section [F6and references in section 174 of the Enterprise Act 2002 to a “permitted purpose” are to be construed accordingly].

[F7(5A) Where the CMA exercises any of its powers under section 174 of the Enterprise Act 2002 for the purpose referred to in subsection (5), “the relevant day” for the purposes of section 174B of the Enterprise Act 2002 is the day on which the CMA publishes its report. ]

(6)For the purposes of the law of defamation, absolute privilege attaches to any report of the [F4CMA] under this section.