PART 4CMA: referrals and functions
CHAPTER 1Functions on referrals of subsidies and schemes
Post-award referrals
I1I262CMA report following post-award referral
1
The CMA’s report under section 61 must include an evaluation of the public authority’s assessment under section 60(3)(a).
2
The evaluation must take into account any effects of the proposed subsidy or scheme on competition or investment within the United Kingdom.
3
If an assessment was not provided under section 60(3)(a), that fact should be stated in the report, along with any reasons provided under section 60(3)(c).
4
If the subsidy or subsidy scheme is ongoing, the report may also include advice about how the subsidy or scheme may be modified to ensure compliance with the requirements of Chapters 1 and 2 of Part 2.
5
The Secretary of State may by regulations—
a
amend subsection (1), (2), (3) or (4) to make provision about the content of the CMA’s report under section 61;
b
make provision as to the form of that report.
6
Regulations under subsection (5)(a) are subject to the affirmative procedure.
7
Regulations under subsection (5)(b) are subject to the negative procedure.