Regulation 47 Procedure for concurrent exercise of functions

(1)

Before the CMA or the GEMA first exercises in relation to any matter functions within regulation 46(2)(b) (“Part 4 functions”) which are exercisable concurrently by virtue of regulation 46(1) and (2) (concurrent exercise of functions), it must consult the other.

(2)

Neither the CMA nor the GEMA may exercise in relation to any matter Part 4 functions which are exercisable concurrently by virtue of regulation 46(1) and (2) (concurrent exercise of functions) if Part 4 functions which are so exercisable have been exercised in relation to that matter by the other.

(3)

If any question arises as to whether a function in regulation 46(2) may be exercised by the GEMA in any particular case—

(a)

that question must be referred to and determined by the Secretary of State; and

(b)

no objection may be taken to anything done by or in relation to the GEMA under Part 4 of the Enterprise Act 2002 or Part 1 of the Competition Act 1998 (other than sections 31D(1) to (6), 35C, 38(1) to (6), 40B(1) to (4) and 51) on the ground that it should have been done by or in relation to the CMA.