{
  "url": "https://openlegislation.uk/enterprise-and-regulatory-reform-act-2013/schedule-4/paragraph-38",
  "json_url": "https://openlegislation.uk/enterprise-and-regulatory-reform-act-2013/schedule-4/paragraph-38.json",
  "legislation": "ukpga/2013/24",
  "legislation_title": "Enterprise and Regulatory Reform Act 2013",
  "legislation_url": "https://openlegislation.uk/enterprise-and-regulatory-reform-act-2013",
  "path": "schedule/4/paragraph/38",
  "kind": "paragraph",
  "number": "38",
  "heading": null,
  "text": "(1) Each CMA group is to consist of at least three members of the CMA panel.\n(2) Subject to sub-paragraphs (3) to (6), those members are to be such persons as the chair may select.\n(3) In the case of a news media merger reference group—\n(a) the group must include at least one news media panel member;\n(b) the members of the group (if any) who are not news media panel members must be reporting panel members.\n(4) In the case of a specialist communications reference group, the group must include at least one, but not more than three, of the specialist communications panel members.\n(5) In the case of a specialist utility group, the group must include at least one of the specialist utility panel members.\n(5A) In the case of a specialist payment systems group, the group must include at least one payment systems member.\n(6) A news media panel member is not to be selected as a member of a CMA group that is not a news media merger reference group.\n(7) The chair may at any time appoint a reporting panel member to be an additional member of a CMA group.\n(8) The chair must appoint one of the members of a CMA group to chair the group (the “group chair”).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in Sch. 4 para. 38(3) substituted (24.7.2025) by The Enterprise Act 2002 (Amendment of Section 58 Considerations) Order 2025 (S.I. 2025/737), arts. 1(1), 7(3)(a) (with art. 8)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Sch. 4 para. 38(5A) inserted (1.3.2014) by Financial Services (Banking Reform) Act 2013 (c. 33), s. 148(5), Sch. 5 para. 2(3); S.I. 2014/377, art. 2(1)(a), Sch. Pt. 1"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in Sch. 4 para. 38(6) substituted (24.7.2025) by The Enterprise Act 2002 (Amendment of Section 58 Considerations) Order 2025 (S.I. 2025/737), arts. 1(1), 7(3)(b) (with art. 8)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 4 para. 38 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(c) (with Sch.)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2013/24/schedule/4/paragraph/38",
    "retrieved_at": "2026-10-29T09:08:12.713580+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}