{
  "url": "https://openlegislation.uk/water-services-etc-scotland-act-2005-consequential-provisions-and-modifications-order-2005/article-6",
  "json_url": "https://openlegislation.uk/water-services-etc-scotland-act-2005-consequential-provisions-and-modifications-order-2005/article-6.json",
  "legislation": "uksi/2005/3172",
  "legislation_title": "The Water Services etc. (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005",
  "legislation_url": "https://openlegislation.uk/water-services-etc-scotland-act-2005-consequential-provisions-and-modifications-order-2005",
  "path": "article/6",
  "kind": "article",
  "number": "6",
  "heading": "CMA to consult on proposals",
  "text": "(1) Before making its report under article 7, the CMA –\n(a) shall, so far as practicable, consult–\n(i) 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\n(ii) the WIC; and\n(b) may, so far as practicable, consult such other persons as it considers appropriate,\non the matters the CMA proposes to include in its report.\n(2) In considering what is practicable for the purposes of paragraph (1), the CMA shall, in particular, have regard to–\n(a) the time limit for making a report referred to in article 4; and\n(b) the following considerations before disclosing any information–\n(i) the need to exclude from disclosure (so far as practicable) any information whose disclosure the CMA thinks is contrary to the public interest;\n(ii) 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;\n(iii) 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\n(iv) the extent to which the disclosure of the information mentioned in paragraph (ii) or (iii) is necessary for the purposes of the consultation.\n(3) For the purposes of the law relating to defamation, absolute privilege attaches to any consultation undertaken by the CMA pursuant to this article.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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.)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "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.)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Art. 6 in force at 11.11.2005, see art. 1(1)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2005/3172/article/6",
    "retrieved_at": "2026-10-29T04:45:49.967568+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."
}