Section 49 Variation of references under section 45

United Kingdom

(1)

The F1CMA may, if it considers that doing so is justified by the facts (including events occurring on or after the making of the reference concerned), treat—

(a)

a reference made under subsection (2) or (3) of section 45 as if it had been made under subsection (4) or (as the case may be) (5) of that section; or

(b)

a reference made under subsection (4) or (5) of section 45 as if it had been made under subsection (2) or (as the case may be) (3) of that section;

and, in such cases, references in this Part to references under those enactments shall, so far as may be necessary, be construed accordingly.

(2)

Where, by virtue of subsection (1), the CMA treats a reference made under subsection (2) or (3) of section 45 as if it had been made under subsection (4) or (as the case may be) (5) of that section, paragraphs F2... 2, 7 and 8 of Schedule 7 shall, in particular, apply as if the reference had been made under subsection (4) or (as the case may be) (5) of that section instead of under subsection (2) or (3) of that section.

(3)

Where, by virtue of subsection (1), the CMA treats a reference made under subsection (4) or (5) of section 45 as if it had been made under subsection (2) or (as the case may be) (3) of that section, paragraphs F3... 2, 7 and 8 of Schedule 7 shall, in particular, apply as if the reference had been made under subsection (2) or (as the case may be) (3) of that section instead of under subsection (4) or (5) of that section.

(4)

Subsection (5) applies in relation to F4... any order made under paragraph 2 of F5Schedule 7, which is in force immediately before the CMA, by virtue of subsection (1), treats a reference as mentioned in subsection (1).

(5)

The F6... order shall, so far as applicable, continue in force as if—

(a)

in the case of an ... order which relates to a reference under subsection (2) or (3) of section 45 F7... made in relation to a reference made under subsection (4) or (as the case may be) (5) of that section; and

(b)

in the case of an ... order which relates to a reference made under subsection (4) or (5) of that section ... made in relation to a reference made under subsection (2) or (as the case may be) (3) of that section;

and the ... order concerned may be varied F8... or revoked accordingly.

(6)

The Secretary of State may at any time vary a reference under section 45.

(7)

The Secretary of State shall consult the CMA before varying any such reference.

(8)

Subsection (7) shall not apply if the CMA has requested the variation concerned.

(9)

No variation by the Secretary of State under this section shall be capable of altering the public interest consideration or considerations specified in the reference or the period permitted by section 51 within which the report of the CMA under section 50 is to be prepared and given to the Secretary of State.

Annotations

Textual amendments

F1: Word in s. 49(1)-(4)(7)-(9) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 26(3), Sch. 5 para. 91 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F2: Word in s. 49(2) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 15 para. 25(2); S.I. 2014/416, art. 2(1)(f) (with Sch.)
F3: Word in s. 49(3) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 15 para. 25(3); S.I. 2014/416, art. 2(1)(f) (with Sch.)
F4: Words in s. 49(4) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 15 para. 25(4)(a); S.I. 2014/416, art. 2(1)(f) (with Sch.)
F5: Words in s. 49(4) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 15 para. 25(4)(b); S.I. 2014/416, art. 2(1)(f) (with Sch.)
F6: Words in s. 49(5) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 15 para. 25(5)(a); S.I. 2014/416, art. 2(1)(f) (with Sch.)
F7: Words in s. 49(5) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 15 para. 25(5)(b); S.I. 2014/416, art. 2(1)(f) (with Sch.)
F8: Words in s. 49(5) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 15 para. 25(5)(c); S.I. 2014/416, art. 2(1)(f) (with Sch.)