62 Power of Secretary of State to refer the matterU.K.
(1)Subsection (2) applies where the Secretary of State—
(a)has given a special intervention notice in relation to a special merger situation; and
(b)has received a report of the [F1CMA] under section 61[F2, and any report of OFCOM which is required by virtue of section 61A,] in relation to the matter.
(2)The Secretary of State may make a reference [F3to the chair of the CMA for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013] if he believes that it is or may be the case that—
(a)a special merger situation has been created;
(b)one or more than one consideration mentioned in the special intervention notice is relevant to a consideration of the special merger situation concerned; and
(c)taking account only of the relevant consideration or considerations concerned, the creation of that situation operates or may be expected to operate against the public interest.
(3)The Secretary of State may make a reference [F3to the chair of the CMA for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013] if he believes that it is or may be the case that—
(a)arrangements are in progress or in contemplation which, if carried into effect, will result in the creation of a special merger situation;
(b)one or more than one consideration mentioned in the special intervention notice is relevant to a consideration of the special merger situation concerned; and
(c)taking account only of the relevant consideration or considerations concerned, the creation of that situation may be expected to operate against the public interest.
(4)No reference shall be made under this section if the making of the reference is prevented by F4. . . paragraph 4 of Schedule 7.
(5)The Secretary of State, in deciding whether to make a reference under this section, shall accept the decision of the [F5CMA] included in its report under section 61 by virtue of subsection (4) of that section.
(6)A reference under this section shall, in particular, specify—
(a)the subsection of this section under which it is made;
(b)the date on which it is made; and
(c)the consideration or considerations mentioned in the special intervention notice which the Secretary of State believes are, or may be, relevant to a consideration of the special merger situation concerned.
Textual Amendments
F1Word in s. 62(1)(b) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 104(2) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F2Words in s. 62(1)(b) inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 389(1), 411(2)(3), Sch. 16 para. 14 (with transitional provisions in Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to arts. 3(3), 11)
F3Words in s. 62(2)(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 104(3) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F4Words in s. 62(4) repealed (29.12.2003) by Communications Act 2003 (c. 21), ss. 406(7), 411(2)(3), Sch. 19(1) (with transitional provisions in Sch. 18 and with Sch. 19 Note 1); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to arts. 3(3), 11)
F5Word in s. 62(5) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 104(4) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)