OpenLegislation

Section 104A Public consultation in relation to media mergersC1C2C3

United Kingdom

(1)

F1Subsection (2) applies where the F2CMA—

(a)

is preparing—

(i)

a report under section 50 on a reference which specifies a media public interest consideration; or

(ii)

a report under section 65 on a reference which specifies a consideration specified in section 58(2A) to (2C); and

(b)

is not under a duty to disregard the consideration concerned.

(2)

The CMA shall have regard (among other things) to the need to consult the public so far as they might be affected by the creation of the relevant merger situation or special merger situation concerned and so far as such consultation is practicable.

(3)

Any consultation of the kind mentioned in subsection (2) may be undertaken by the CMA by consulting such representative sample of the public or section of the public concerned as the CMA considers appropriate.

Annotations

Textual amendments

F1

S. 104A inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 381, 411(2)(3) (with transitional provisions in Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to arts. 3(3), 11)

F2

Word in s. 104A(1)-(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 26(3), Sch. 5 para. 136, (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

Modifications

C1

S. 104A modified by S.I. 2003/1592, art. 5A(d) (as inserted (1.4.2014) by The Enterprise Act 2002 (Protection of Legitimate Interests) (Amendment) Order 2014 (S.I. 2014/891), arts. 1, 7 (with arts. 20-23))

C2

Pt. 3 modified (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 4 para. 56; S.I. 2014/416, art. 2(1)(c) (with Sch.)

C3

S. 104A applied (with modifications) (29.12.2003) by S.I. 2003/1592, art. 15, Sch. 3 para. 1(1)(la) (as inserted by The Enterprise Act 2002 and Media Mergers (Consequential Amendments) Order 2003 (S.I. 2003/3180), art. 2, Sch. para. 10(9) (with transitional provisions and savings in art. 3)

S. 104A applied (with modifications) (29.12.2003) by S.I. 2003/1592, art. 15, Sch. 3 para. 1(12A) (as inserted by The Enterprise Act 2002 and Media Mergers (Consequential Amendments) Order 2003 (S.I. 2003/3180), art. 2, Sch. para. 10(12) (with transitional provisions and savings in art. 3)

(as amended (1.4.2014) by The Enterprise Act 2002 (Protection of Legitimate Interests) (Amendment) Order 2014 (S.I. 2014/891), arts. 1, 18(1)-(17) (with arts. 20-23))