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.