Enterprise Act 2002

169 Certain duties of relevant authorities to consult: Part 4 U.K.

(1) 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 have a substantial impact on the interests of any person.

(2) The relevant authority shall, so far as practicable, consult that person about what is proposed before making that decision.

(3) In consulting the person concerned, the relevant authority shall, so far as practicable, give the reasons of the relevant authority for the proposed decision.

(4) In considering what is practicable for the purposes of this section the relevant authority shall, in particular, have regard to—

(a) any restrictions imposed by any timetable for making the decision; and

(b) any need to keep what is proposed, or the reasons for it, confidential.

(5) 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.

(6) In this section—

• “the relevant authority” means the [F1 CMA, the appropriate Minister] [F2 or the Secretary of State]; and

• “relevant decision” means—

  (a)

  in the case of the [F3 CMA], any decision by the [F3 CMA]—

  (i)

  [F4 to make a reference under section 131 in a case where the CMA has not published a market study notice under section 130A in relation to the matter concerned;

  (ia)

  as to whether to accept undertakings [F5 in lieu of a reference under section 154A];]

  (ii)

  to vary under section 135 such a reference [F6 ; or—

  (iii)

  on the questions mentioned in section 134, 141 or 141A; F7 ...]

  (iv)

  [F8 to accept undertakings or make orders under section 161C; and]

  (v)

  [F9 to take action under section 162A(5); and]

  (b)

  in the case of the appropriate Minister [F10 (other than the Secretary of State acting alone)], any decision by the appropriate Minister—

  (i)

  F11 ... to make a reference under section 132; or

  (ii)

  to vary under section 135 such a reference; F12 ...

  [F13 in the case of the Secretary of State, any decision by the Secretary of State—

  (i)

  to make a reference under section 132;

  (ii)

  to vary under section 135 such a reference;

  (iii)

  in a case where the Secretary of State is required to make a reference under section 140A, whether to make a reference under subsection (5) or (6) of that section; or

  (iv)

  to vary under section 140B a reference made under section 140A(6).]

  (c)

  F12 ...

Textual Amendments

F1 Words in s. 169(6) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 199(a) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F2 Words in s. 169(6) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 10 para. 29(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F3 Words in s. 169(6) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 199(b) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F4 Words in s. 169(6) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 12 para. 13(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F5 Words in s. 169(6) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 8 para. 14; S.I. 2024/1226, regs. 1(2), 2(1)(12)

F6 Words in s. 169(6) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 199(c) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F7 Word in s. 169(6) omitted (1.1.2025) by virtue of Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 9 para. 10(2); S.I. 2024/1226, regs. 1(2), 2(1)(13) (with Sch. para. 10, 20)

F8 Words in s. 169(6) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 9 para. 10(3); S.I. 2024/1226, regs. 1(2), 2(1)(13) (with Sch. para. 10, 20)

F9 Words in s. 169(6) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 139(6), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2) (with Sch. para. 11, 20)

F10 Words in s. 169(6) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 10 para. 29(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F11 Words in s. 169(6) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 12 para. 13(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F12 Words in s. 169(6) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 199(d) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F13 Words in s. 169(6) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 10 para. 29(c); S.I. 2014/416, art. 2(1)(d) (with Sch.)