Section 10A Power to vary etc assimilated block exemption regulationsC1

(1)

F1The Secretary of State may by regulations vary or revoke F2an assimilated block exemption regulation.

(2)

In exercising the power under subsection (1), the Secretary of State must have regard to the conditions specified in section 9(1) for exemption from the Chapter 1 prohibition.

(3)

If, in the opinion of the CMA, it is appropriate to vary or revoke F3an assimilated block exemption regulation, the CMA may make a recommendation to that effect to the Secretary of State.

(4)

Before making a recommendation under subsection (3), the CMA must—

(a)

publish details of its proposed recommendation in such a way as it thinks most suitable for bringing it to the attention of those likely to be affected; and

(b)

consider any representations about it which are made to it.

(5)

Before exercising the power to vary or revoke F4an assimilated block exemption regulation (in a case where there has been no recommendation under subsection (3)), the Secretary of State must—

(a)

inform the CMA of the proposed variation or revocation; and

(b)

take into account any comments made by the CMA.

Annotations

Textual amendments

F1: S. 10A inserted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 4 (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
F2: Words in s. 10A(1) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 41(3)(b)
F3: Words in s. 10A(3) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 41(3)(b)
F4: Words in s. 10A(5) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 41(3)(b)
F5: Word in s. 10A heading substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 41(2)(b)

Modifications

C1: S. 10A applied (31.10.2023) by The Transport (Scotland) Act 2019 (Consequential Provisions and Modifications) Order 2023 (S.I. 2023/80), arts. 1(3), 22

Notes on the whole Act

Textual amendments

F1: Words in long title substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), Sch. 1 para. 1