Section 177 Excisions from reports etc: Part 4

United Kingdom

(1)

Subsection (2) applies where

(a)

the Secretary of State is under a duty to publish a report of the F2CMA under section 142F3;

(b)

the Secretary of State is under a duty to lay the CMA’s advice under section 162(3) or 162A(8) before each House of Parliament.

(2)

The Secretary of State may exclude a matter from the report F4or advice if he considers that publication of the matter F5, or the inclusion of it in the advice laid before Parliament, would be inappropriate.

(3)

In deciding what is inappropriate for the purposes of subsection (2) the Secretary of State shall have regard to the considerations mentioned in section 244.

(4)

The F6CMA shall advise the Secretary of State as to the matters (if any) which it considers should be excluded by him under subsection (2).

(5)

References in sections 136(4) to (6)F7... and 172(10) to the giving or laying of a report of the F8CMA shall be construed as references to the giving or laying of the report as published.

Annotations

Textual amendments

F1: Words in s. 177(1)(a) in s. 177(1) renumbered as s. 177(1)(a) (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 139(8)(b)(i), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2) (with Sch. para. 11, 20)
F2: Word in s. 177(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 205 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F3: S. 177(1)(b) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 139(8)(b)(ii), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2) (with Sch. para. 11, 20)
F4: Words in s. 177(2) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 139(8)(c)(i), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2) (with Sch. para. 11, 20)
F5: Words in s. 177(2) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 139(8)(c)(ii), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2) (with Sch. para. 11, 20)
F6: Word in s. 177(4) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 205 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F7: Words in s. 177(5) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 10 para. 31; S.I. 2014/416, art. 2(1)(d) (with Sch.)
F8: Word in s. 177(5) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 205 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F9: Word in s. 177 heading inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 139(8)(a), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2) (with Sch. para. 11, 20)