Without prejudice to the generality of paragraph (a) of section 11(1) above, conditions included in an appointment by virtue of that paragraph may—
Without prejudice as aforesaid, such conditions may provide for the reference to and determination by—
of such questions arising under the appointment and of such other matters, including (in the case of references to the CMA ) disputes as to determinations by the Authority, as are specified in the appointment or are of a description so specified.
Where any question or other matter falls to be determined by the CMA in pursuance of a provision contained in an appointment under this Chapter—
For the purposes of subsection (3) above, where—
the CMA shall also have regard to the extent to which, in its view, its determination is likely to support the company's (rather than the Authority's) claims in relation to the question or matter referred to it.
Subsections (4) and (5) of section 14, and sections 14A and 14B, below apply to references to the CMA under this section as they apply to references under section 14.
A report of the CMA on a reference under this section—
and subsections (5) and (6) of section 15 below apply to such a report as they apply to a report on a reference under section 14.
The functions of the CMA with respect to a reference under this section are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (including functions relating to the making of modifications following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act 2002, as applied by subsection (3B) read with section 14B).
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