§ 4A (1) The following sections of Part 3 of the Enterprise Act 2002 shall apply, with the modifications mentioned in sub-paragraphs (2) and (3), for the purposes of references under paragraph 4 as they apply for the purposes of references under that Part—
- (a) section 106 (attendance of witnesses and production of documents etc.);
- (b) section 107 (enforcement of powers under section 106: general);
- (c) section 108 (penalties);
- (d) section 109 (penalties: main procedural requirements);
- (e) section 110 (payments and interest by instalments);
- (f) section 111 (appeals in relation to penalties);
- (g) section 112 (recovery of penalties); and
- (h) section 113 (statement of policy).
§ (2) Section 107 shall, in its application by virtue of sub-paragraph (1), have effect as if—
- (a) subsection (2) were omitted; and
- (b) in subsection (9) the words from "or section" to "section 64(3))" were omitted.
§ (3) Section 108(5)(b)(ii) shall, in its application by virtue of sub-paragraph (1), have effect as if for the words from "the latest" to the end there were substituted "the day on which the report of the Commission on the reference concerned is published.";
§ (db) in paragraph 5—
- (i) for "Director" (in each place) there is substituted "OFT";
- (iii) sub-paragraph (5) shall cease to have effect;
- (iii) after sub-paragraph (5) there is inserted—
§ "(5A) For the purposes of paragraph 6, a conclusion contained in a report of the Competition Commission is to be disregarded if the conclusion is not that of at least two-thirds of the members of the group constituted in connection with the reference concerned in pursuance of paragraph 15 of Schedule 7 to the Competition Act 1998.
§ (5B) If a member of a group so constituted disagrees with any conclusions contained in a report made on a reference under paragraph 4 as the conclusions of the Competition Commission, the report shall, if the member so wishes, include a statement of his disagreement and of his reasons for disagreeing.
§ (5C) For the purposes of the law relating to defamation, absolute privilege attaches to any report made by the Competition Commission on a reference under paragraph 4.
§ (5D) In making any report on a reference under paragraph 4 the Competition Commission must have regard to the following considerations before disclosing any information.
§ (5E) The first consideration is the need to exclude from disclosure (so far as practicable) any information whose disclosure the Competition Commission thinks is contrary to the public interest.
§ (5F) The second consideration is the need to exclude from disclosure (so far as practicable)—
- (a) commercial information whose disclosure the Competition Commission 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 Competition Commission thinks might significantly harm the individual's interests.
§ (5G) The third consideration is the extent to which the disclosure of the information mentioned in sub-paragraph (5F)(a) or (b) is necessary for the purposes of the report.".'
§ No. 394, in page 323, line 1, leave out "paragraphs 5 and" and insert "paragraph".
§ No. 395, in page 323, leave out line 11 and insert—
- (iii)sub-paragraphs (3) and (4) shall cease to have effect;
§ (ga) after paragraph 8 there is inserted—