A person authorised to do so by regulations under section 101 may give notice to the F87CMAF88of arrangements or proposed arrangements which might have resulted or might result in the creation of a relevant merger situation.

Where the CMA is satisfied that a merger notice meets the requirements of subsection (2), it shall give notice to that effect to the person who gave the merger notice.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

In this section and sections 99(5)(c) and 100(1)(c) “prescribed” means prescribed by the F91CMA by notice having effect for the time being and published in the London, Edinburgh and Belfast Gazettes.

In this Part “notified arrangements” means arrangements of which notice is given under subsection (1) above or arrangements not differing from them in any material respect.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

In determining for the purposes of subsections (2) and (3) the time at which any transaction actually occurred, no account shall be taken of any option or other conditional right until the option is exercised or the condition is satisfied.

In this section references to the enterprises to which the notified arrangements relate are references to those enterprises that would have ceased to be distinct from one another if the arrangements mentioned in the merger notice concerned had been carried into effect at the time when the notice was given.

The Secretary of State may make regulations for the purposes of sections 96 to 100.

F100In making any decision for the purposes of its functions of making and determining references under this Part, the CMA shall have regard, with a view to the prevention or removal of uncertainty, to the need for making a decision as soon as reasonably practicable.

In deciding whether to make a reference under section 45 or 62 the Secretary of State shall have regard, with a view to the prevention or removal of uncertainty, to the need for making a decision as soon as reasonably practicable.

Subsection (2) applies where the relevant authority is proposing to make a relevant decision in a way which the relevant authority considers is likely to be adverse to the interests of a relevant party.

The relevant authority shall, so far as practicable, consult that party about what is proposed before making that decision.

In consulting the party concerned, the relevant authority shall, so far as practicable, give the reasons of the relevant authority for the proposed decision.

The duty under this section shall not apply in relation to the making of any decision so far as particular provision is made elsewhere by virtue of this Part for consultation before the making of that decision.

In this section—

• “the relevant authority” means the F101CMA, the Commission or the Secretary of State;

• “relevant decision” means—

  1. a

     in the case of the F102CMA, any decision by the F102CMA—

     1. i

        as to whether to make a reference under section 22 or 33 or accept undertakings under section 73 instead of making such a reference; or

     2. ii

        to vary under section 37 such a referenceF103; or

     3. iii

        on the questions mentioned in section 35(1) or (3), 36(1) or (2), 47 or 63;

  2. b

     F104...

  3. c

     in the case of the Secretary of State, any decision by the Secretary of State—

     1. i

        as to whether to make a reference under section 45 or 62; or

     2. ii

        to vary under section 49 or (as the case may be) 64 such a reference; and

• “relevant party” means any person who appears to the relevant authority to control enterprises which are the subject of the reference or possible reference concerned.

The F57CMA shall have regard (among other things) to the need to consult the public so far as they might be affected by the creation of the relevant merger situation or special merger situation concerned and so far as such consultation is practicable.

Any consultation of the kind mentioned in subsection (2) may be undertaken by the F57CMA by consulting such representative sample of the public or section of the public concerned as the F57CMA considers appropriate.

Where the F119CMA decides to investigate a matter so as to enable it to decide whether to make a reference under section 22 or 33, or so as to make a report under section 44 or 61, it shall, so far as practicable, take such action as it considers appropriate to bring information about the investigation to the attention of those whom it considers might be affected by the creation of the relevant merger situation concerned or (as the case may be) the special merger situation concerned.

Where OFCOM decide to investigate a matter so as to make a report under section 44A or 61A, they shall, so far as practicable, take such action as they consider appropriate to bring information about the investigation to the attention of those who they consider might be affected by the creation of the relevant merger situation concerned or (as the case may be) the special merger situation concerned.

F3Subsections (1) and (1A) do not apply in relation to arrangements which might result in the creation of a relevant merger situation if a merger notice has been given in relation to those arrangements under section 96.

The F109CMA shall give the F110OFCOM any information in its possession which has not been requested by the F111... F7OFCOM but which, in the opinion of the F109CMA, would be appropriate to give to the F111... F7OFCOM for the purpose of assisting it in carrying out its functions under this Part.

OFCOM shall give the F112CMA any information in their possession which has not been requested by the F113CMA but which, in the opinion of OFCOM, would be appropriate to give to the F113CMA for the purpose of assisting it in carrying out its functions under this Part.

The F115CMAF9and OFCOM shall give the Secretary of State any information in F10their possession which has not been requested by the Secretary of State but which, in the opinion of the F115CMAF11or (as the case may be) OFCOM, would be appropriate to give to the Secretary of State for the purpose of assisting him in carrying out his functions under this Part.

The F116CMA shall have regard to any information given to it under subsection F117(3A) or (4A); and the Secretary of State shall have regard to any information given to him under subsection (5) or (6).

OFCOM shall have regard to any information given to them under subsection (3) or (4);F118...

The F67CMA may at any time publish revised, or new, advice or information.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Advice (or information) published by virtue of subsection (1) F70... may include advice (or information) about the factors which the F71CMA may take into account in considering whether, and if so how, to exercise a function conferred by this Part.

Any advice or information published by the F72CMA under this section shall be published in such manner as the F73CMA considers appropriate.

In preparing any advice or information under this section, the F74CMA shall consult such persons as it considers appropriate.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Secretary of State may prepare and publish general advice and information about the considerations specified in section 58(2A) to (2C).

The Secretary of State may at any time publish revised, or new, advice or information.

Any advice or information published by the Secretary of State under this section shall be published in such manner as the Secretary of State considers appropriate.

In preparing any advice or information under this section, the Secretary of State shall consult the F134CMA, OFCOM and such other persons as he considers appropriate.

OFCOM may, if requested to do so by the Secretary of State, give such other advice as they consider appropriate to the Secretary of State in connection with any case on which they are required to give a report by virtue of section 44A or 61A.

OFCOM shall publish any advice given by them under this section but advice given by them in relation to a report of the F136CMA under section 50 or 65 or related enforcement action shall not be published before the report itself is published.

Where any person is under a duty by virtue of subsection (1), (2) or (3) to publish the result of any action taken by that person or any decision made by that person, the person concerned shall, subject to subsections (5) and (6), also publish that person’s reasons for the action concerned or (as the case may be) the decision concerned.

Such reasons need not, if it is not reasonably practicable to do so, be published at the same time as the result of the action concerned or (as the case may be) as the decision concerned.

Subsections (4) and (5) shall not apply in relation to any information published under subsection (1)(c).

Where the Secretary of State has decided under section 55(2) or 66(6) to accept an undertaking under paragraph 9 of Schedule 7 or to make an order under paragraph 11 of that Schedule, he shall (after the acceptance of the undertaking or (as the case may be) the making of the order) lay details of his decision and his reasons for it, and the F152CMA's report under section 50 or (as the case may be) 65, before each House of Parliament

F130The CMA, or any person nominated by it for the purpose, may for a permitted purpose take evidence on oath, and for that purpose may administer oaths.

The person to whom any document is produced in accordance with a notice under this section may, F131for a permitted purpose, copy the document so produced.

No person shall be required, in compliance with a notice under this section, to go more than 10 miles from his place of residence unless his necessary travelling expenses are paid or offered to him.

Any reference in this section to the production of a document includes a reference to the production of a legible and intelligible copy of information recorded otherwise than in legible form.

Where the F159CMA considers that a person has, without reasonable excuse, failed to comply with any requirement of a notice under section 109, it may impose a penalty in accordance with section 111.

The F159CMA may proceed (whether at the same time or at different times) under subsection (1) and section 39(4) or (as the case may be) 51(4) (including that enactment as applied by section 65(3)) in relation to the same failure.

Where the F159CMA considers that a person has intentionally obstructed or delayed another person in the exercise of his powers under section 109(6), it may impose a penalty in accordance with section 111.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

A person, subject to subsection (6), commits an offence if he intentionally alters, suppresses or destroys any document which he has been required to produce by a notice under section 109.

A person does not commit an offence under subsection (5) in relation to any act which constitutes a failure to comply with a notice under section 109 if the F156CMA has proceeded against that person under subsection (1) above in relation to that failure.

The F157CMA shall not proceed against a person under subsection (1) in relation to an act which constitutes an offence under subsection (5) if that person has been found guilty of that offence.

In deciding whether and, if so, how to proceed under subsection (1) or (3) or section 39(4) or 51(4) (including that enactment as applied by section 65(3)), the F158CMA shall have regard to the statement of policy which was most recently published under section 116 at the time when the failure concerned or (as the case may be) the obstruction or delay concerned occurred.

The reference in this section to the production of a document includes a reference to the production of a legible and intelligible copy of information recorded otherwise than in legible form; and the reference to suppressing a document includes a reference to destroying the means of reproducing information recorded otherwise than in legible form.

No penalty shall be imposed by virtue of section 110(1) or (3) if more than 4 weeks have passed since the day which is the relevant day in the case in question; but this subsection shall not apply in relation to any variation or substitution of the penalty which is permitted by virtue of this Part.

In the following provisions of this section, “the section 109 power” means the power under section 109 to which the failure or (as the case may be) the obstruction or delay in question relates.

Where the section 109 power is exercised in connection with an enforcement function (within the meaning of that section), the relevant day is the day when the enforcement undertaking concerned is superseded or released or (as the case may be) the enforcement order concerned is revoked.

Except where subsection (3) applies, the relevant day is the day determined in accordance with the following provisions of this section.

Where the section 109 power is exercised for the purpose mentioned in section 109(A1)(a) in connection with a matter that is the subject of a possible reference under section 22 or 33, the relevant day is the day when the CMA finally decides whether to make the reference.

Where the section 109 power is exercised for the purpose mentioned in section 109(A1)(a) in connection with a matter that is the subject of a reference under section 22 or 33, the relevant day is the day when the reference is finally determined (see section 79).

Where the section 109 power is exercised for the purpose mentioned in section 109(A1)(b) in connection with a matter that is the subject of a possible reference under section 45 or 62, the relevant day is the day when the Secretary of State finally decides whether to make the reference.

Where the section 109 power is exercised for the purpose mentioned in section 109(A1)(b) in connection with a matter that is the subject of a reference under section 45 or 62, the relevant day is the day when the reference is finally determined.

Paragraph 7(8) to (10) of Schedule 7 applies for deciding if and when a reference under section 45(2) or (3) or 62(2) is finally determined for the purpose of section 110A(8) as it applies for deciding those questions for the purpose of paragraph 7 of Schedule 7.

Paragraph 8(7) to (9) of Schedule 7 applies for deciding if and when a reference under section 45(4) or (5) or 62(3) is finally determined for the purpose of section 110A(8) as it applies for deciding those questions for the purpose of the definition of “relevant period” in paragraph 8(6) of that Schedule.

A penalty imposed under section 110(1) or (3) shall be of such amount as the F161CMA considers appropriate.

The amount may, in the case of a penalty imposed under section 110(1), be a fixed amount, an amount calculated by reference to a daily rate or a combination of a fixed amount and an amount calculated by reference to a daily rate.

The amount shall, in the case of a penalty imposed under section 110(3), be a fixed amount.

No penalty imposed under section 110(3) shall exceed such amount as the Secretary of State may by order specify.

Before making an order under subsection (4) or (6) the Secretary of State shall consult the F164CMA and such other persons as he considers appropriate.

As soon as practicable after imposing a penalty under section 110(1) or (3), the F63CMA shall give notice of the penalty.

The person against whom the penalty was imposed may, within 14 days of the date of service on him of a notice under subsection (1), apply to the F63CMA for it to specify a different date or (as the case may be) different dates by which the penalty or (as the case may be) different portions of it are to be paid.

In this section “relevant period” means the period of 28 days mentioned in subsection (3) of section 114 or, if another period is specified by the Secretary of State under that subsection, that period.

If the whole or any portion of a penalty is not paid by the date by which it is required to be paid, the unpaid balance from time to time shall carry interest at the rate for the time being specified in section 17 of the Judgments Act 1838 (c. 110).

Where an application has been made under section 112(3), the penalty shall not be required to be paid until the application has been determined, withdrawn or otherwise dealt with.

If a portion of a penalty has not been paid by the date required for it, the F165CMA may, where it considers it appropriate to do so, require so much of the penalty as has not already been paid (and is capable of being paid immediately) to be paid immediately.

Any sums received by the F165CMA in or towards the payment of a penalty, or interest on a penalty, shall be paid into the Consolidated Fund.

The person aggrieved may apply to the Competition Appeal Tribunal.

The Competition Appeal Tribunal shall not substitute a penalty of a different nature under subsection (5)(b) unless it considers that the person on whom the penalty is imposed will, or is likely to, pay less under the substituted penalty than he would have paid under the original penalty.

Where the Competition Appeal Tribunal substitutes a penalty of a different nature or of a lesser amount or amounts it may require the payment of interest on the substituted penalty at such rate or rates, and from such date or dates, as it considers appropriate.

Where the Competition Appeal Tribunal specifies as a date by which the penalty, or a portion of the penalty, is to be paid a date before the determination of the application under this section it may require the payment of interest on the penalty, or portion, from that date at such rate as it considers appropriate.

In this section “the appropriate court” means the Court of Appeal or, in the case of Tribunal proceedings in Scotland, the Court of Session.

The F169CMA shall prepare and publish a statement of policy in relation to the enforcement of notices under section 109.

The statement shall, in particular, include a statement about the considerations relevant to the determination of the nature and amount of any penalty imposed under section 110(1) or (3).

The F170CMA may revise its statement of policy and, where it does so, it shall publish the revised statement.

The F171CMA shall consult such persons as it considers appropriate when preparing or revising its statement of policy.

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

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.

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

References in sections 38(4) and 107(11) to the giving or laying of a report of the F175CMA shall be construed as references to the giving or laying of the report as published.

Subsection (2) applies where, on a reference to the F177CMA under this Part, a member of a group constituted in connection with the reference F176..., disagrees with any decisions contained in the report of the F177CMA under this Part as the decisions of the F177CMA.

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

OFCOM have the function of obtaining, compiling and keeping under review information about matters relating to the carrying out of their functions under this Part.

That function is to be carried out with a view to (among other things) ensuring that OFCOM have sufficient information to take informed decisions and to carry out their other functions effectively.

In carrying out that function OFCOM may carry out, commission or support (financially or otherwise) research.

Section 3 of the Communications Act 2003 (general duties of OFCOM) shall not apply in relation to functions of OFCOM under this Part.

The F178CMA has the function of obtaining, compiling and keeping under review information about matters which may be relevant to the Secretary of State in deciding whether to give a special intervention notice mentioning a consideration specified in section 58(2A) to (2C).

That function is to be carried out with a view to (among other things) ensuring that the Secretary of State is aware of cases where, in the opinion of the F178CMA, he might wish to consider giving such a notice.

That function does not extend to obtaining, compiling or keeping under review information with a view to carrying out a detailed analysis in each case of the operation in relation to that case of the consideration specified in section 58(2A) to (2C).

Any person aggrieved by a decision of the F179CMA, F18OFCOM,F180or the Secretary of State under this Part in connection with a reference or possible reference in relation to a relevant merger situation or a special merger situation may apply to the Competition Appeal Tribunal for a review of that decision.

Except in so far as a direction to the contrary is given by the Competition Appeal Tribunal, the effect of the decision is not suspended by reason of the making of the application.

In determining such an application the Competition Appeal Tribunal shall apply the same principles as would be applied by a court on an application for judicial review.

An appeal lies on any point of law arising from a decision of the Competition Appeal Tribunal under this section to the appropriate court.

An appeal under subsection (6) requires the permission of the Tribunal or the appropriate court.

In this section—

• “the appropriate court” means the Court of Appeal or, in the case of Tribunal proceedings in Scotland, the Court of Session; and

• “Tribunal rules” has the meaning given by section 15(1).

The Secretary of State may by order require the payment to him or the F182CMA of such fees as may be prescribed by the order in connection with the exercise by the Secretary of State, the F183CMA and OFCOM of their functions under or by virtue of this Part, F19. . . and sections 32 to 34 of, and Schedule 4ZA to, the Water Industry Act 1991 (c. 56).

For the purposes of subsection (4)(c)(ii) the turnover of an enterprise shall be determined in accordance with such provisions as may be specified in an order under this section.

An order under this section may, in particular, in connection with provisions of the kind mentioned in subsection (5) make provision enabling the Secretary of State or the F187CMA to determine matters of a description specified in the order (including any of the matters mentioned in paragraphs (a) to (c) of subsection (6)).

In determining the amount of any fees to be prescribed by an order under this section, the Secretary of State may take into account all costs incurred by him and by the F185CMA in respect of the exercise by him, the F186CMA and OFCOM of their respective functions under or by virtue of this Part F24. . . and sections 32 to 34 of, and Schedule 4ZA to, the Act of 1991.

Fees paid to the Secretary of State or the F188CMA under this section shall be paid into the Consolidated Fund.

F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Advice and information published by virtue of section 106(1) F190... shall include such advice and information about the effect of F47EU law, and anything done under or in accordance with it, on the provisions of this Part as the F191CMA considers appropriate.

Advice and information published by the F189CMA by virtue of section 106(1) shall, in particular, include advice and information about the circumstances in which the duties of the F189CMA under sections 22 and 33 do not apply as a result of the F26EC Merger Regulation or anything done under or in accordance with them.

The duty or power to make a reference under section 22 or 45(2) or (3), and the power to give an intervention notice under section 42, shall apply in a case in which the relevant enterprises ceased to be distinct enterprises at a time or in circumstances not falling within section 24 if the condition mentioned in subsection (4) is satisfied.

The condition mentioned in this subsection is that, because of the F26EC Merger Regulation or anything done under or in accordance with them, the reference, or (as the case may be) the reference under section 22 to which the intervention notice relates, could not have been made earlier than 4 months before the date on which it is to be made.

Where the duty or power to make a reference under section 22 or 45(2) or (3), or the power to give an intervention notice under section 42, applies as mentioned in subsection (3), references in this Part to the creation of a relevant merger situation shall be construed accordingly.

The Secretary of State may by order amend or replace the conditions which determine for the purposes of this Part whether a relevant merger situation has been created.

In exercising his power under subsection (1) to amend or replace the condition mentioned in paragraph (b) of subsection (2) of section 23 or any condition which for the time being applies instead of it, the Secretary of State shall, in particular, have regard to the desirability of ensuring that any amended or new condition continues to operate by reference to the degree of commercial strength which results from the enterprises concerned having ceased to be distinct.

Before making an order under this section the Secretary of State shall consult the F192CMA.

An order under this section may provide for the delegation of functions to the decision-making authority.

Any power of the Secretary of State to make an order or regulations under this Part shall be exercisable by statutory instrument.

The power of the Secretary of State under section 34F27, 59(6A) or 123 (including that power as extended by subsection (2) above) may be exercised by modifying any enactment comprised in or made under this Act, or any other enactment.

The power of the Secretary of State under section F19334ZC(6), 40(8), F19441B(6),F2844(11), 52(8) (including that enactment as applied by section 65(3)), 58(3), 68F195, 73B(6),F48 94A(6) or 102 as extended by subsection (2) above may be exercised by modifying any enactment comprised in or made under this Act, or any other enactment.

An order made by the Secretary of State under section 28 (including that enactment as applied by section 42(5), 59(5) and 67(7)), F19634ZC(6), 40(8), F19741B(6), 52(8) (including that enactment as applied by section 65(3)), F19873B(6),F4994A(3) or (6), 111(4) or (6), 114(3)(b) or (4)(b) or 121 or Schedule 7 shall be subject to annulment in pursuance of a resolution of either House of Parliament.

No order shall be made by the Secretary of State under section 34, F2944(11), 59(6A), 68, 102, 123 or 128(6) unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.

An order made by the Secretary of State under section 58(3) shall be laid before Parliament after being made and shall cease to have effect unless approved, within the period of 28 days beginning with the day on which it is made, by a resolution of each House of Parliament.

In calculating the period of 28 days mentioned in subsection (7), no account shall be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

If an order made by the Secretary of State ceases to have effect by virtue of subsection (7), any modification made by it of an enactment is repealed (and the previous enactment revived) but without prejudice to the validity of anything done in connection with that modification before the order ceased to have effect and without prejudice to the making of a new order.

If, apart from this subsection, an order made by the Secretary of State under section 58(3) would be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it shall proceed in that House as if it were not such an instrument.

Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

Where an offence under this Part is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of a partner, or to be attributable to any neglect on the part of a partner, he as well as the partnership commits the offence and shall be liable to be proceeded against and punished accordingly.

In subsection (3) “partner” includes a person purporting to act as a partner.

For the purposes of subsection (2) the principal office of a company constituted under the law of a country or territory outside the United Kingdom or of a partnership carrying on business outside the United Kingdom is its principal office within the United Kingdom.

Subsection (5) applies if a person to be served under this Part with any document by another has specified to that other an address within the United Kingdom other than his proper address (as determined under subsection (2)) as the one at which he or someone on his behalf will accept documents of the same description as that document.

In relation to that document, that address shall be treated as his proper address for the purposes of this section and section 7 of the Interpretation Act 1978 in its application to this section, instead of that determined under subsection (2).

Any notice in writing or other document required or authorised by virtue of this Part to be served on any person may be served on that person by transmitting the text of the notice or other document to him by means of F30an electronic communications network or by other means but while in electronic form provided the text is received by that person in legible form and is capable of being used for subsequent reference.

This section does not apply to any document if rules of court make provision about its service.

In this section references to serving include references to similar expressions (such as giving or sending).

Subsection (1) shall not exclude from section 26 any case which would otherwise fall within that section.

A reference under section 22, 33, 45 or 62 (whether or not made by virtue of this section) may be framed so as to exclude from consideration, either altogether or for a specified purpose or to a specified extent, any matter which, apart from this section, would not have been taken into account on that reference.

The reference in subsection (1) to bodies corporate which associated persons control shall be construed in accordance with section 26(3) and (4).

In this section “relative” means a brother, sister, uncle, aunt, nephew, niece, lineal ancestor or descendant (the stepchild of any person, or anyone adopted by a person, whether legally or otherwise, as his child being regarded as a relative or taken into account to trace a relationship in the same way as that person’s child); and references to a spouse F32, civil partner or partner shall include a former spouse F32, civil partner or partner.

References in this Part to the supply of services shall be construed in accordance with this section; and references in this Part to a market for services and other related expressions shall be construed accordingly.

The supply of services does not include the provision of services under a contract of service or of apprenticeship whether it is express or implied and (if it is express) whether it is oral or in writing.

The supply of services includes making arrangements for the use of computer software or for granting access to data stored in any form which is not readily accessible.

The supply of services includes making arrangements by means of a relevant agreement F204(within the meaning of paragraph 17 of Schedule 3A to the Communications Act 2003 (the electronic communications code)) for sharing the use of electronic communications apparatus.

The supply of services includes permitting or making arrangements to permit the use of land in such circumstances as the Secretary of State may by order specify.

In this Part, unless the context otherwise requires—

• “action” includes omission; and references to the taking of action include references to refraining from action;

• “agreement” means any agreement or arrangement, in whatever way and whatever form it is made, and whether it is, or is intended to be, legally enforceable or not;

• “business” includes a professional practice and includes any other undertaking which is carried on for gain or reward or which is an undertaking in the course of which goods or services are supplied otherwise than free of charge;

• “change of circumstances” includes any discovery that information has been supplied which is false or misleading in a material respect;

• “F47EU law” means—

  1. a

     all the rights, powers, liabilities, obligations and restrictions from time to time created or arising by or under the Community Treaties; and

  2. b

     all the remedies and procedures from time to time provided for by or under the Community Treaties;

• “consumer” means any person who is—

  1. a

     a person to whom goods are or are sought to be supplied (whether by way of sale or otherwise) in the course of a business carried on by the person supplying or seeking to supply them; or

  2. b

     a person for whom services are or are sought to be supplied in the course of a business carried on by the person supplying or seeking to supply them;

  and who does not receive or seek to receive the goods or services in the course of a business carried on by him;

• “customer” includes a customer who is not a consumer;

• F33“the EC Merger Regulation” means Council Regulation (EC) No 139/2004 of 20th January 2004 on the control of concentrations between undertakings;

• “enactment” includes an Act of the Scottish Parliament, Northern Ireland legislation and an enactment comprised in subordinate legislation, and includes an enactment whenever passed or made;

• “enterprise” means the activities, or part of the activities, of a business;

• F34“the European Merger Regulations” means Council Regulation (EEC) No. 4064/89 of 21st December 1989 on the control of concentrations between undertakings as amended by Council Regulation (EC) No. 1310/97 of 30th June 1997;

• “goods” includes buildings and other structures, and also includes ships, aircraft and hovercraft;

• “modify” includes amend or repeal;

• “notice” means notice in writing;

• “price” includes any charge or fee (however described);

• “subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30) and also includes an instrument made under an Act of the Scottish Parliament and an instrument made under Northern Ireland legislation;

• “subsidiary” has the meaning given by F46section 1159 of the Companies Act 2006 (c. 6);

• “supply”, in relation to the supply of goods, includes supply by way of sale, lease, hire or hire-purchase, and, in relation to buildings or other structures, includes the construction of them by a person for another person;

• F43“the UK financial system” means the financial system in the United Kingdom; and

• “United Kingdom national” means an individual who is—

  1. a

     a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen;

  2. b

     a person who under the British Nationality Act 1981 (c. 61) is a British subject; or

  3. c

     a British protected person within the meaning of that Act.

References in this Part to a person carrying on business include references to a person carrying on business in partnership with one or more other persons.

Any duty to publish which is imposed on a person by this Part shall, unless the context otherwise requires, be construed as a duty on that person to publish in such manner as he considers appropriate for the purpose of bringing the matter concerned to the attention of those likely to be affected by it.