Article 6 CMA to consult on proposalsF2I1
Scotland
Before making its report under article 7, the F1CMA –
shall, so far as practicable, consult–
as the case may be, the water services provider or sewerage services provider or Scottish Water, who made the request under article 3 to which the reference relates; and
the WIC; and
may, so far as practicable, consult such other persons as it considers appropriate,
on the matters the CMA proposes to include in its report.
In considering what is practicable for the purposes of paragraph (1), the CMA shall, in particular, have regard to–
the time limit for making a report referred to in article 4; and
the following considerations before disclosing any information–
the need to exclude from disclosure (so far as practicable) any information whose disclosure the CMA thinks is contrary to the public interest;
the need to exclude from disclosure (so far as practicable) any commercial information whose disclosure the CMA thinks might significantly harm the legitimate business interests of the person to which it relates;
the need to exclude from disclosure (so far as practicable) any information relating to the private affairs of an individual whose disclosure the CMA thinks might significantly harm the individual’s interests; and
the extent to which the disclosure of the information mentioned in paragraph (ii) or (iii) is necessary for the purposes of the consultation.
For the purposes of the law relating to defamation, absolute privilege attaches to any consultation undertaken by the CMA pursuant to this article.
Annotations
Textual amendments
- F1
Word in art. 6(1)-(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 176(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)
- F2
Word in art. 6 heading substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 176(3); S.I. 2014/416, art. 2(1)(d) (with Sch.)
Commencement
- I1
Art. 6 in force at 11.11.2005, see art. 1(1)