Regulation 12 Section 37: Cancellation and variation of references

United Kingdom

Section 37 (cancellation and variation of references) has effect as if—

(a)

in subsection (1), for “section 33” there were substituted “section 32(a) of the 1991 Act”; and

(b)

for subsections (2) and (3) there were substituted—

“(2)
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 reference made under paragraph (a) or paragraph (b) of section 32 of the 1991 Act as if it had been made under paragraph (b) or (as the case may be) paragraph (a) of that section; and, in such cases, references in this Part to references under those paragraphs shall, so far as may be necessary, be construed accordingly.
(3)
Where, by virtue of subsection (2), the CMA treats a reference made under paragraph (a) or paragraph (b) of section 32 of the 1991 Act as if it had been made under paragraph (b) or (as the case may be) paragraph (a) of that section, sections 77 to 81 shall, in particular, apply as if the reference had been made under paragraph (b) or (as the case may be) paragraph (a) of section 32 of that Act instead of under paragraph (a) or paragraph (b) of that section.”;

(c)

in subsection (4), for “section 22 or 33 as if it had been made under section 33 or (as the case may be) 22” there were substituted “paragraph (a) or paragraph (b) of section 32 of the 1991 Act as if it had been made under paragraph (b) or (as the case may be) paragraph (a) of that section”;

(d)

in subsection (5)(a)—

(i)

for “section 22” there were substituted “section 32(a) of the 1991 Act”; and

(ii)

for “section 33” there were substituted “section 32(b) of that Act”;

(e)

in subsection (5)(b)—

(i)

for “section 33” there were substituted “section 32(b) of the 1991 Act”; and

(ii)

for “section 22” there were substituted “section 32(a) of that Act”; and

(f)

in subsection (6), for “section 22 or 33” there were substituted “section 32(a) or (b) of the 1991 Act”.

Annotations

Textual amendments

F1: Word in reg. 12 substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 22(9) (with art. 3)