Section 15C: Sections 15A and 15B: supplementary., Railways Act 1993

For the purposes of the law relating to defamation, absolute privilege attaches to any notice under section 15A(4) or 15B(3) above.

In giving any notice under section 15A(4) or 15B(3) above, the CMA must have regard to the following considerations before disclosing any information.

The first consideration is the need to exclude from disclosure (so far as practicable) any information whose disclosure the CMA thinks is contrary to the public interest.

The second consideration is the need to exclude from disclosure (so far as practicable)—

commercial information whose disclosure the CMA thinks might significantly harm the legitimate business interests of the undertaking to which it relates, or

information relating to the private affairs of an individual whose disclosure the CMA thinks might significantly harm the individual's interests.

The third consideration is the extent to which the disclosure of the information mentioned in subsection (2B)(a) or (b) above is necessary for the purposes of the notice.

The following sections of Part 3 of the Enterprise Act 2002 shall apply, as they had effect immediately before the relevant date and with the modifications mentioned in subsections (2DA), (2E) and (2F) below, for the purposes of any investigation by the CMA for the purposes of the exercise of its functions under section 15A or 15B above, as they applied immediately before that date for the purposes of any investigation on references under that Part—

section 109 (attendance of witnesses and production of documents etc.);

section 110 (enforcement of powers under section 109: general);

section 111 (penalties);

section 112 (penalties: main procedural requirements);

section 113 (payments and interest by instalments);

section 114 (appeals in relation to penalties);

section 115 (recovery of penalties); and

section 116 (statement of policy).

Section 109 shall, in its application by virtue of subsection (2D) above, have effect as if—

for subsection (A1), there were substituted—A1For the purposes of this section, a permitted purpose is assisting the CMA in carrying out any functions exercisable by it in connection with an investigation for the purposes of the exercise of its functions under section 15A or 15B of the Railways Act 1993., and

subsection (8A) were omitted.

Section 110 shall, in its application by virtue of subsection (2D) above, have effect as if—

subsection (2) were omitted;

after subsection (3), there were inserted—3ANo penalty shall be imposed by virtue of subsection (1) or (3) if more than 4 weeks have passed since the sending of a copy to the Office of Rail and Road under section 15B(5) of the Railways Act 1993 of the modifications made by the CMA in connection with the reference concerned or, if no direction has been given by the CMA under section 15A(1) of that Act in connection with the reference concerned and within the period permitted for that purpose, the latest day on which it was possible to give such a direction within the permitted period; but this subsection shall not apply in relation to any variation or substitution of the penalty which is permitted by virtue of this Part.; and

in subsection (9) the words from "or section" to "section 65(3))" were omitted.

Section 111(5)(b) shall, in its application by virtue of subsection (2D) above, have effect as if for sub-paragraph (ii) there were substituted—

Section 117 of the Enterprise Act 2002 (false or misleading information) shall apply , as it had effect immediately before the relevant date, in relation to functions of the CMA in connection with the exercise of its functions under section 15A and 15B above as it applied immediately before that date in relation to its functions under Part 3 of that Act but as if, in subsections (1)(a) and (2), —

the words ", OFCOM or the Secretary of State" were omitted; and

or the words "their functions" there were substituted ." its functions "

Provisions of Part 3 of the Enterprise Act 2002 which , immediately before the relevant date, had effect for the purposes of sections 109 to 117 of that Act (including, in particular, provisions relating to offences and the making of orders) shall, for the purposes of the application of those sections by virtue of subsection (2D) or (2G) above, have effect in relation to those sections as applied by virtue of those subsections as those provisions had effect immediately before that date.

Accordingly, corresponding provisions of this Act shall not have effect in relation to those sections as applied by virtue of those subsections.

The provisions are—

sections 82(1) and (2) (general provisions as to reports), 85 (attendance of witnesses and production of documents) and 93B (false or misleading information) of the 1973 Act;

Part II of Schedule 7 to the Competition Act 1998 (performance of the Competition Commission's general functions); and

section 24 of the 1980 Act (modification of provisions about performance of such functions).

For the purpose of assisting the CMA in exercising their functions under sections 15A and 15B above, the Office of Rail and Road. . . shall . . . give to the CMA any information in . . . its possession which relates to matters relevant to the exercise of those functions and—

is requested by the CMA for that purpose; or

is information which, in . . . its opinion, it would be appropriate for that purpose to give to the CMA without any such request;

and any other assistance which the CMA may require, and which it is within . . . its power to give, in relation to any such matters.

For the purpose of exercising those functions, the CMA shall take account of any information given to them for that purpose under subsection (3) above.

In this section "the relevant date" means the date on which section 143 of the Digital Markets, Competition and Consumers Act 2024 came into force.

Section 15C: Sections 15A and 15B: supplementary.

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