- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (Fel y'i Deddfwyd)
Dyma’r fersiwn wreiddiol (fel y’i gwnaed yn wreiddiol).
2After section 131 of that Act insert—
(1)This section applies to a case where the CMA has published a market study notice and—
(a)the CMA is proposing to make a reference under section 131 in relation to the matter specified in the notice; or
(b)a representation has been made to the CMA within the period specified in the notice under section 130A(3)(b) to the effect that such a reference should be made but the CMA is proposing not to make such a reference.
(2)The CMA shall—
(a)publish notice of the proposal concerned; and
(b)consult the relevant persons about the proposal, in such manner as it considers practicable, before deciding whether to make a reference.
(3)The CMA may, for the purposes of subsection (1), ignore any representation which it considers to be frivolous or vexatious.
(4)For the purposes of subsection (2), a person is a “relevant person” if the CMA considers that its decision whether to make a reference is likely to have a substantial impact on the person’s interests.
(5)In consulting a person for the purposes of this section, the CMA shall, so far as practicable, give its reasons for the proposal.
(6)In considering what is practicable for the purposes of this section, the CMA shall, in particular, have regard to—
(a)the restrictions imposed by the time-table for making the decision (see section 131B); and
(b)any need to keep what is proposed, or the reasons for it, confidential.
(1)Where the CMA has published a market study notice in a case to which section 131A applies, the CMA shall, within the period of 6 months beginning with the date on which it publishes the notice—
(a)publish the notice under section 131A(2)(a); and
(b)begin the process of consultation under section 131A(2)(b) (but the CMA need not complete the process within that period).
(2)Subsection (3) applies where—
(a)the CMA has published a market study notice;
(b)no representation has been made to the CMA within the period specified in the notice under section 130A(3)(b) to the effect that a reference under section 131 should be made in relation to the matter specified in the notice; and
(c)the CMA has decided not to make such a reference.
(3)The CMA shall, within the period of 6 months beginning with the date on which it publishes the market study notice, publish notice of the decision not to make a reference.
(4)Where the CMA has published a market study notice it shall, within the period of 12 months beginning with the date on which it publishes the notice, prepare and publish a report (referred to in this Part as a “market study report”) which sets out—
(a)the findings of the CMA in relation to the matter specified in the notice; and
(b)the action (if any) which the CMA proposes to take in relation to the matter.
(5)In a case to which section 131A applies, the market study report shall, in particular, contain—
(a)the decision of the CMA to make a reference under section 131 in relation to the matter specified in the market study notice, the decision to accept an undertaking under section 154 instead of making such a reference or (as the case may be) the decision otherwise not to make such a reference;
(b)the CMA’s reasons for the decision; and
(c)such information as the CMA considers appropriate for facilitating a proper understanding of its reasons for the decision.
(6)Where a market study report contains a decision of the CMA to make a reference under section 131 in relation to a matter, the CMA shall, at the same time as it publishes the report, make the reference.
(7)This section is subject to section 140A (duty of Secretary of State to refer in public interest intervention cases).
(1)The Secretary of State may by order amend section 131B so as to alter one or more of the following periods—
(a)the period of 6 months mentioned in subsection (1) or (3) or any period for the time being mentioned in either of those subsections in substitution for that period;
(b)the period of 12 months mentioned in subsection (4) or any period for the time being there mentioned in substitution for that period.
(2)But no alteration may be made by virtue of subsection (1) which results in—
(a)the period for the time being mentioned in subsection (1) or (3) exceeding 6 months; or
(b)the period for the time being mentioned in subsection (4) exceeding 12 months.
(3)Before making an order under this section the Secretary of State shall consult the CMA and such other persons as the Secretary of State considers appropriate.”
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Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Testun a grëwyd gan yr adran o’r llywodraeth oedd yn gyfrifol am destun y Ddeddf i esbonio beth mae’r Ddeddf yn ceisio ei wneud ac i wneud y Ddeddf yn hygyrch i ddarllenwyr nad oes ganddynt gymhwyster cyfreithiol. Cyflwynwyd Nodiadau Esboniadol ym 1999 ac maent yn cyd-fynd â phob Deddf Gyhoeddus ac eithrio Deddfau Adfeddiannu, Cronfa Gyfunol, Cyllid a Chyfnerthiad.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys