SCHEDULES

SCHEDULE 12Procedure on references under section 120

3Functions of Commission in relation to reference

1

The following functions of the Competition Commission must be performed, in accordance with rules under paragraph 11, by a group selected for the purpose by the Chairman of the Commission—

a

considering a reference under section 120;

b

making a determination on the reference;

c

giving directions and taking other steps to give effect to the Commission’s determination on the reference.

2

A group selected under this paragraph must consist of three members of the Commission.

3

The Chairman of the Commission must appoint one of the members as chair of the group.

4

The Chairman of the Commission may select a member of the Commission to replace a person as a member of group if—

a

the person being replaced has ceased to be a member of the Commission,

b

the Chairman is satisfied that the person being replaced will be unable, for a substantial period, to perform duties as a member of the group, or

c

it appears to the Chairman that it is inappropriate, because of a particular interest of the person being replaced, for that person to remain a member of the group.

5

The replacement of a member of a group does not prevent the group from continuing after the replacement with anything begun before it.

6

The Chairman of the Commission may be appointed as, or may be selected to replace a person as, a member of a group (including as chair of the group).

7

A decision of a group is effective only if—

a

all the members of the group are present when it is made, and

b

at least two members of the group are in favour of it.