PART 2Regulatory reform

CMA recommendations

37CMA to publish recommendations on proposals for Westminster legislation

1

Section 7 of the Enterprise Act 2002 (provision by CMA of information and advice to Ministers etc) is amended as follows.

2

After subsection (1) insert—

1A

The CMA may, in particular, carry out the function under subsection (1)(a) by making a proposal in the form of a recommendation to a Minister of the Crown about the potential effect of a proposal for Westminster legislation on competition within any market or markets in the United Kingdom for goods or services.

1B

The CMA must publish such a recommendation in such manner as the CMA considers appropriate for bringing the subject matter of the recommendation to the attention of those likely to be affected by it.

3

After subsection (2) insert—

3

In this section—

  • “market in the United Kingdom” includes—

    1. a

      so far as it operates in the United Kingdom or a part of the United Kingdom, any market which operates there and in another country or territory or in a part of another country or territory; and

    2. b

      any market which operates only in a part of the United Kingdom;

    and the reference to a market for goods or services includes a reference to a market for goods and services; and

  • “Westminster legislation” means—

    1. a

      an Act of Parliament, or

    2. b

      subordinate legislation (within the meaning given by section 21 of the Interpretation Act 1978).