Section 89 Carrying out functions.I1

United Kingdom

(1)

For the purposes of this section the F12002 Act functions are the functions mentioned in subsection (2) of section 86 which, by virtue of that section, are concurrent functions of the CAA and F2the CMA.

(2)

Before the CMA or the CAA first carries out the 2002 Act functions in relation to a matter F3it must consult the other.

(3)

If the CMA or the CAA has carried out the 2002 Act functions in relation to a matter the other must not carry out the 2002 Act functions in relation to the matter.

(4)

If in carrying out the 2002 Act functions the CAA makes a F4market investigation reference (under section 131 of the 2002 Act), to help the F5CMA group (constituted under Schedule 4 to the Enterprise and Regulatory Reform Act 2013) which is to conduct the investigation on the reference the CAA must give to it—

(a)

any information the CAA has which relates to matters within the scope of the investigation and which the F6CMA group requests;

(b)

any information the CAA has which relates to matters within the scope of the investigation and which the CAA thinks it would be appropriate for it to give without a request;

(c)

any other help which the CAA is able to give in relation to matters within the scope of the investigation and which the F7CMA group requests.

(5)

In carrying out the investigation concerned the F8CMA group must take account of any information given under subsection (4).

Annotations

Textual amendments

F1: Word in s. 89 substituted (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 9 para. 26; S.I. 2003/1397, art. 2(1), Sch.
F2: Words in s. 89(1)-(3) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 155(2) (with art. 3)
F3: Word in s. 89(2) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 44(8)(b); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F4: Words in s. 89(4) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 155(3)(a) (with art. 3)
F5: Words in s. 89(4) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 155(3)(b) (with art. 3)
F6: Words in s. 89(4)(a) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 155(3)(c) (with art. 3)
F7: Words in s. 89(4)(c) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 155(3)(c) (with art. 3)
F8: Words in s. 89(5) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 155(4) (with art. 3)

Commencement

I1: S. 89 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)