OpenLegislation

Section 7 Provision of information and advice to Ministers etc.C1

United Kingdom

(1)

The F1CMA has the function of—

(a)

making proposals, or

(b)

giving other information or advice,

on matters relating to any of its functions to any Minister of the Crown or other public authority (including proposals, information or advice as to any aspect of the law or a proposed change in the law).

F2(1A)

The CMA may, in particular, carry out the function under subsection (1)(a) by making a proposal in the form of a recommendation to a Minister of the Crown about the potential effect of a proposal for Westminster legislation on competition within any market or markets in the United Kingdom for goods or services.

(1B)

The CMA must publish such a recommendation in such manner as the CMA considers appropriate for bringing the subject matter of the recommendation to the attention of those likely to be affected by it.

(2)

A Minister of the Crown may request the F3CMA to make proposals or give other information or advice on any matter relating to any of its functions; and the CMA shall, so far as is reasonably practicable and consistent with its other functions, comply with the request.

F4(3)

In this section—

  • “market in the United Kingdom” includes—

    1. (a)

      so far as it operates in the United Kingdom or a part of the United Kingdom, any market which operates there and in another country or territory or in a part of another country or territory; and

    2. (b)

      any market which operates only in a part of the United Kingdom;

    and the reference to a market for goods or services includes a reference to a market for goods and services; and

  • “Westminster legislation” means—

    1. (a)

      an Act of Parliament, or

    2. (b)

      subordinate legislation (within the meaning given by section 21 of the Interpretation Act 1978).

Annotations

Textual amendments

F1

Word in s. 7(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 62(2) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F2

S. 7(1A)(1B) inserted (26.5.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 37(2), 164(3)(b)(iii)

F3

Word in s. 7(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 62(3) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F4

S. 7(3) inserted (26.5.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 37(3), 164(3)(b)(iii)

Modifications

C1

S. 7 excluded (20.9.2021) by United Kingdom Internal Market Act 2020 (c. 27), ss. 31(5)(b), 59(3) (with s. 55(2)); S.I. 2021/1062, reg. 2(b)

Notes on Part 1

Textual amendments

F1

Pt. 1 title substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 65 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

Modifications

C1

Pt. 1 function transferred (28.3.2013) by The Public Bodies (The Office of Fair Trading Transfer of Consumer Advice Scheme Function and Modification of Enforcement Functions) Order 2013 (S.I. 2013/783), arts. 1(2), 2 (with arts. 2(3), 4)

Notes on General functions of the CMA

Textual amendments

F1

Words in s. 5 cross-heading substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 60(3) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)