PART 4CMA: referrals and functions
CHAPTER 1Functions on referrals of subsidies and schemes
Post-award referrals
62CMA 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.