Section 8 Block exemptions: procedure.C1

United Kingdom

(1)

Before making a recommendation under section 6(1), the F1CMA must—

(a)

publish details of F2its 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.

(2)

If the Secretary of State proposes to give effect to such a recommendation subject to modifications, he must inform the CMA of the proposed modifications and take into account any comments made by the CMA .

(3)

If, in the opinion of the CMA , it is appropriate to vary or revoke a block exemption order F3it may make a recommendation to that effect to the Secretary of State.

(4)

Subsection (1) also applies to any proposed recommendation under subsection (3).

(5)

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

(a)

inform the F4CMA of the proposed variation or revocation; and

(b)

take into account any comments made by the CMA .

(6)

A block exemption order may provide for a block exemption to have effect from a date earlier than that on which the order is made.

Annotations

Textual amendments

F1: Word in s. 8(1)-(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 3 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F2: Word in s. 8(1) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(7)(b); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F3: Word in s. 8(3) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(7)(c); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F4: Word in s. 8(5) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 3 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

Modifications

C1: S. 8 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