Section 14 Reports on modification references.C1

England, Wales and Scotland

(1)

In making a report on a reference under section 13 above, the F1CMA—

(a)

shall include in the report definite conclusions on the questions comprised in the reference together with such an account of their reasons for those conclusions as in their opinion is expedient for facilitating a proper understanding of those questions and of their conclusions;

(b)

where they conclude that any of the matters specified in the reference operate, or may be expected to operate, against the public interest, shall specify in the report the effects adverse to the public interest which those matters have or may be expected to have; and

(c)

where they conclude that any adverse effects so specified could be remedied or prevented by modifications of the conditions of the licence, shall specify in the report modifications by which those effects could be remedied or prevented.

F2(1A)

For the purposes of sections 15 to 15B below, a conclusion contained in a report of the F3CMA is to be disregarded if the conclusion is not that of at least two-thirds of the members of the group constituted F4by the chair of the CMA for the purpose of carrying out the functions of the CMA with respect to the reference.

(1B)

If a member of a group so constituted disagrees with any conclusions contained in a report made on a reference under section 13 above as the conclusions of the F5CMA, the report shall, if the member so wishes, include a statement of his disagreement and of his reasons for disagreeing.

(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(3)

For the purposes of the law relating to defamation, absolute privilege attaches to any report made by the F7CMA on a reference under section 13 above.

(3A)

In making any report on a reference under section 13 above the CMA must have regard to the following considerations before disclosing any information.

(3B)

The first consideration is the need to exclude from disclosure (so far as practicable) any information whose disclosure the CMA thinks is contrary to the public interest.

(3C)

The second consideration is the need to exclude from disclosure (so far as practicable)—

(a)

commercial information whose disclosure the CMA thinks might significantly harm the legitimate business interests of the undertaking to which it relates, or

(b)

information relating to the private affairs of an individual whose disclosure the CMA thinks might significantly harm the individual’s interests.

(3D)

The third consideration is the extent to which the disclosure of the information mentioned in subsection (3C)(a) or (b) above is necessary for the purposes of the report.

(4)

A report of F8 the F9CMA on a reference under section 13 above shall be made to F10the Office of Rail and Road.

(5)

Subject to subsection (6) below, the Office of Rail and Road—

(a)

shall, on receiving such a report, send a copy of it to the holder of the licence to which the report relates and to the Secretary of State; and

(b)

shall, not less than 14 days after that copy is received by the Secretary of State, publish the report in such manner as F11it considers appropriate for bringing the report to the attention of persons likely to be affected by it.

F12(5A)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

If it appears to the Secretary of State that the publication of any matter in such a report would be against the public interest or the commercial interests of any person, he may, before the end of the period of 14 days mentioned in paragraph (b) of subsection (5) above, direct the Office of Rail and Road to exclude that matter from every copy of the report to be published by virtue of that paragraph.

(7)

Nothing in this section applies in relation to any term of a licence to the extent that it makes provision for the revocation or surrender of the licence.

Annotations

Textual amendments

F1: Word in s. 14(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 73(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F2: S 14(1A)(1B) inserted (20.6.2003) by 2002 c. 40, ss 278, 279, Sch. 25 para. 30(5)(a); S.I. 2003/1397, art. 2(1), Sch.
F3: Word in s. 14(1A) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 73(3)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F4: Words in s. 14(1A) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 73(3)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F5: Word in s. 14(1B) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 73(4); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F6: S. 14(3)-(3D) substituted (20.6.2003) for s. 14(3) by 2002 c. 40, ss. 278, 279, Sch. 25 para. 30(5)(b); S.I. 2003/1397, art. 2(1), Sch.
F7: Words in s. 14(3)-(3C) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 73(4); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F8: Words in s. 14(1)-(2) substituted (1.4.1999) by S.I. 1999/506, art. 33(b)
F9: Word in s. 14(4) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 73(4); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F10: Words in s. 14 substituted (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 1(j)
F11: Words in s. 14(5) substituted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 8(3) (with Sch. 28 paras. 2(5), 17); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)
F12: S. 14(5A) repealed (24.7.2005) by Railways Act 2005 (c. 14), ss. 1, 59, 60, Sch. 1 paras. 8(b), 10, Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch

Modifications

C1: S. 14 applied (with modifications) (28.11.2005) by The Railway (Licensing of Railway Undertakings) Regulations 2005 (S.I. 2005/3050), reg. 14, Sch. 3 para. 1(b)

Notes on Part I

Modifications

C1

Pt. I (ss. 1-83) modified (18.12.1996) by 1996 c. 61, s. 21(6)

C2

Pt. 1 (ss. 1-83) applied (S.) (27.4.2006) by Edinburgh Tram (Line Two) Act 2006 (asp. 6), s.78 (with s.75)

Pt. 1 (ss. 1-83) applied (S.) (8.5.2006) by Edinburgh Tram (Line One) Act 2006 (asp. 7), s.79 (with ss.76, 84)

Commencement

I1

Pt. I (ss. 1-83) applied (1.4.1994) by 1993 c. 43, ss. 36(2) (inserting s. 10(1)(viiia) in 1968 c. 73); S.I. 1994/571, art. 5

Pt. I (ss. 1-83) applied (18.12.1996) by 1996 c. 61, s. 16(5)