Part 4Market Studies and Market Investigations

Chapter 2Public interest cases

Intervention notices under section 139(1)

144 Time-limits for investigations and reports: Part 4

(1)

The F1CMA shall, within the period of F218 months beginning with F3the relevant date, prepare its report under section 142 and F4publish it under section 143(1) or 143A(2) or (as the case may be) give it to the Secretary of State in accordance with section 143(3) or 143A(3).

F5(1A)

For the purposes of subsection (1), the “relevant date” is—

(a)

in the case of a report in relation to a restricted PI reference or to a full PI reference which specifies that the Secretary of State does not propose to appoint a public interest expert, the date of the reference;

(b)

in the case of a report in relation to a full PI reference which specifies that the Secretary of State proposes to appoint a public interest expert, the earliest of the following—

(i)

the date of the appointment of the expert;

(ii)

the date on which the Secretary of State gives notice to the CMA that the Secretary of State no longer intends to appoint such an expert;

(iii)

the end of the period of 2 months beginning with the date of the reference.

F6(1B)

The CMA may extend, by no more than 6 months, the period within which its report under section 142 is to be prepared and action is to be taken in relation to it under section 143(1) or (3) or (as the case may be) 143A(2) or (3) if it considers that there are special reasons for doing so.

(1C)

An extension under subsection (1B) shall come into force when published under section 172.

(1D)

No more than one extension is possible under subsection (1B).

(2)

The Secretary of State may by order amend F7—

(a)

subsection (1) so as to alter the period of F818 months mentioned in that subsection or any period for the time being mentioned in that subsection in substitution for that periodF9;

(b)

subsection (1B) so as to alter the period of 6 months mentioned in that subsection or any period for the time being mentioned in that subsection in substitution for that period.

(3)

No alteration shall be made by virtue of subsection (2) which results in F10—

(a)

the period for the time being mentioned in subsection (1) exceeding F1118 monthsF12; or

(b)

the period for the time being mentioned in subsection (1B) exceeding 6 months.

(4)

An order under subsection (2) shall not affect any period of time within which, in relation to a market investigation reference, the F13CMA is under a duty to prepare its report under section 142 and take action in relation to it under section 143(1) or (3) F14or (as the case may be) 143A(2) or (3) if the F13CMA is already under that duty in relation to that reference when the order is made.

(5)

Before making an order under subsection (2) the Secretary of State shall consult the F15CMA and such other persons as he considers appropriate.