PART 4CMA: referrals and functions
CHAPTER 1Functions on referrals of subsidies and schemes
Mandatory referrals
I1I252Mandatory referral to CMA
1
A public authority must request a report from the CMA—
a
before giving a subsidy, or making a subsidy scheme, of particular interest, or
b
where directed to do so by the Secretary of State under section 55.
2
The request must—
a
include the information in relation to the subsidy or subsidy scheme that would be required under section 34, if the subsidy or scheme were to be given or made,
b
provide such other information as is specified in regulations under subsection (3)(a),
c
explain, in the case of a request under subsection (1)(a), why the public authority considers that the subsidy or subsidy scheme would meet the criteria for being a subsidy, or subsidy scheme, of particular interest,
d
include an assessment by the public authority as to whether the subsidy or scheme would comply with the requirements of Chapters 1 and 2 of Part 2, and the reasons for that conclusion, and
e
include any evidence relevant to that assessment.
3
The Secretary of State may by regulations—
a
specify further information that must be included in a request under this section;
b
make provision as to the form of a request under this section.
4
Regulations under subsection (3)(a) and (b) are subject to the negative procedure.