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| New Amendments handed in are marked thus |
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| Amendments which will comply with the required notice period at their next appearance |
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| Enterprise and Regulatory Reform Bill
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| | That the Order of the Committee of 19 June 2012 be amended as follows: |
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| | (1) in paragraph (1)(i), for “10.30 am and 4.00 pm” substitute “9.00 am and 1.30 |
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| | (2) in paragraph (4), for “8.00 pm” substitute “5.30 pm”. |
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| Schedule 4, page 63, line 26, at end insert— |
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| | (i) | an assessment of the adequacy of staff skills in relation to the |
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| | performance of the CMA’s functions; |
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| | (j) | an estimate of the resource needed adequately to perform its functions |
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| | for the two financial years following the year in which the annual |
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| | report in 14(1) refers.’. |
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| Schedule 4, page 63, line 26, at end insert— |
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| | ‘(2A) | The first annual report of the CMA following Royal Assent must include an |
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| | assessment of transition costs in both financial and competition terms.’. |
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| Schedule 4, page 64, line 27, at end insert— |
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| | 16A(1) | The CMA must make arrangements for ascertaining— |
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| | (a) | the state of public opinion about the manner in which financial |
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| | services are provided to consumers; |
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| | (b) | the experiences of consumers in relation to the provision of financial |
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| | (c) | the experiences of such consumers in relation to the handling, by |
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| | institutions within the financial services sector, of complaints made to |
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| | (d) | the experiences of such consumers in relation to the resolution of |
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| | disputes with institutions within the financial services sector; and |
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| | (e) | the interests and experiences of such consumers in relation to other |
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| | matters that are incidental to, or are otherwise connected with, their |
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| | experiences of the provision of financial services or of the availability |
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| | of associated facilities. |
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| | (2) | The CMA shall consult with concurrent regulators where necessary. |
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| | (3) | The CMA shall publish the conclusions from research carried out under |
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| | section (1) every two years. |
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| | (4) | The CMA shall produce a report stating its conclusions and any |
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| | recommendations from section (1) to the Secretary of State every 2 years. |
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| | (5) | The Secretary of State shall publish a response to the report within 60 days. |
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| | (6) | Arrangements made by the CMA for the purposes of this section may include |
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| | arrangements for the carrying out of research in one or more of the following |
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| | (a) | by members or employees of the CMA; |
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| | (b) | by persons who are neither members nor employees of the CMA. |
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| | (7) | This section does not restrict the CMA’s power to make any arrangements they |
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| | consider to be incidental or conducive to the carrying out of any of their |
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| | 16B(1) | The CMA must make arrangements for ascertaining— |
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| | (a) | the level of competition in the financial services sector; and |
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| | (b) | the effects of the competition environment in the financial services |
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| | (i) | the availability of finance to small and medium-sized |
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| | (ii) | the availability of finance to high growth businesses; |
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| | (iii) | the availability of finance to businesses in general. |
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| | (2) | The CMA shall consult with concurrent regulators where necessary. |
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| | (3) | The CMA shall publish the conclusions from research carried out under |
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| | section (1) every two years. |
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| | (4) | The CMA shall produce a report stating its conclusions and any |
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| | recommendations from section (1) to the Secretary of State every two years. |
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| | (5) | The Secretary of State shall publish a response to the report within 60 days. |
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| | (6) | Arrangements made by the CMA for the purposes of this section may include |
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| | arrangements for the carrying out of research in one or more of the following |
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| | (a) | by members or employees of the CMA; |
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| | (b) | by persons who are neither members nor employees of the CMA. |
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| | (7) | This section does not restrict the CMA’s power to make any arrangements they |
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| | consider to be incidental or conducive to the carrying out of any of their |
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| Schedule 4, page 67, line 24, at end insert— |
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| | ‘(2A) | No person who participated in the CMA Board’s consideration of whether to |
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| | refer the matter to the chair shall form part of a group selected by the chair to |
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| | investigate the matter.’. |
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| Schedule 4, page 68, line 19, at end insert— |
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| | ‘(f) | at least three persons (“specialist consumer competition panel |
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| | members”) appointed to the CMA panel under paragraph 1(1)(b) for |
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| | the purpose of being available for selection as members of a group |
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| | constituted to carry out specialist consumer competition welfare |
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| | functions on behalf of the CMA; |
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| | (g) | at least three persons (“specialist financial competition panel |
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| | members”) appointed to the CMA panel under paragraph 1(1)(b) for |
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| | the purpose of being available for selection as members of a group |
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| | constituted to carry out specialist financial services competition |
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| | functions on behalf of the CMA.’. |
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| Schedule 5, page 79, line 39, leave out paragraph 32 and insert— |
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| | ‘32(1) | Section 52 (advice and information) is amended as follows. |
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| | (2) | In subsection (1), for the words from the beginning to “the Director” substitute |
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| | (3) | In subsection (1A), for the words from the beginning to “the OFT” substitute |
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| | (4) | In subsections (2) to (6) and (8), for “OFT” (in each place where it occurs) |
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| Schedule 5, page 81, line 29, at end insert— |
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| | ‘ | In Schedule 2 (exclusions: other competition scrutiny), in Part 3, in paragraph |
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| | 5(3)(a), for “Director” substitute “CMA”.’. |
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| Schedule 5, page 83, line 28, after ‘subsections’, insert ‘(1A),’. |
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| Schedule 5, page 84, line 14, after ‘subsections’, insert ‘(1A),’. |
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| Schedule 5, page 87, leave out line 28. |
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| Schedule 5, page 89, line 12, at end insert— |
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| | ‘( ) | after “(6)” insert “— |
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| Schedule 5, page 89, line 13, at end insert ‘, and |
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| | ( ) | at the end insert “; and |
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| | (b) | for the purposes of section 34C, the group constituted |
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| | in consequence of the reference under section 45 is to |
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| | be treated as if it were constituted in consequence of |
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| | a reference under section 22 or (as the case may be) |
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| Clause 21, page 17, line 38, at end insert— |
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| | ‘(13) | No member involved in the decision making process shall have taken any part in |
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| | the phase one investigation.’. |
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| Schedule 12, page 188, line 4, at end insert— |
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| | ‘(d) | the resources which will be assigned to the market study.’. |
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| Schedule 12, page 188, line 35, leave out ‘6’ and insert ‘3’. |
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| Schedule 12, page 188, line 35, leave out ‘6’ and insert ‘12’. |
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| Schedule 12, page 189, line 32, leave out ‘6’ and insert ‘3’. |
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| Schedule 12, page 189, line 32, leave out ‘6’ and insert ‘12’. |
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| Schedule 12, page 189, line 41, leave out ‘6’ and insert ‘3’. |
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| Schedule 12, page 189, line 41, leave out ‘6’ and insert ‘12’. |
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| Schedule 12, page 193, line 15, after ‘if’, insert ‘the CMA has accepted an |
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| undertaking or group of undertakings under section 154 and’. |
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| Schedule 12, page 193, line 33, at end insert— |
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| | ‘() | In subsection (1), after paragraph (a) insert— |
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| | “(aa) | any decision not to make a reference under section 131 |
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| | following a consultation in relation to the matter concerned |
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| Schedule 12, page 194, line 3, at end insert— |
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| | ‘ | In section 179 (review of decisions under Part 4), in subsection (2), before |
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| | “(za) | does not include a decision whether to carry out functions |
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| | under section 5 in a case where the CMA is, or would have |
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| | been, required to publish a market study notice (see section |
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| Schedule 11, page 183, leave out lines 18 to 21. |
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| Schedule 11, page 184, line 42, after ‘140A(2)’, insert ‘(b)’. |
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| Schedule 11, page 184, line 46, after ‘140A(2)’, insert ‘(b)’. |
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| Schedule 11, page 186, line 12, leave out from ‘exceeding’ to end of line 17 and |
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| | | ‘10 per cent. of the company’s revenues for the previous year, or |
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| | £30,000 whichever is the higher; |
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| | (b) | in the case of any amount calculated by reference to a daily rate, an |
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| | amount per day exceeding 10 per cent. of the company’s revenues for |
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| | the previous year, or £15,000 whichever is the higher; and |
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| | (c) | in the case of a fixed amount and an amount calculated by reference to |
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| | a daily rate, a fixed amount exceeding £30,000 or 10 per cent. of the |
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| | company’s revenues for the previous year whichever is the higher, and |
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| | an amount per day exceeding £15,000 or 10 per cent. of the company’s |
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| | revenues for the previous year whichever is the higher.’. |
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| Clause 27, page 21, line 24, after ‘where’, insert ‘— |
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| Clause 27, page 21, line 25, at end insert ‘; or |
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| | (b) | the CMA has begun the process of consultation under section 169 in |
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| | respect of a decision of the kind mentioned in subsection (6)(a)(i) of that |
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| Clause 27, page 21, line 30, after ‘permitted period’, insert ‘, in a case to which this |
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| section applies by virtue of paragraph (a) of subsection (A1),’. |
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| Clause 27, page 21, line 42, after ‘period.’ insert— |
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| | ‘(1B) | For the purposes of subsection (1), the permitted period, in a case to which this |
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| | section applies by virtue of paragraph (b) of subsection (A1), is the period |
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| | beginning with the date on which the CMA begins the process of consultation |
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| | concerned and ending with— |
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| | (a) | the acceptance by the CMA of an undertaking under section 154 instead |
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| | of the making of a reference under section 131 in relation to the matter |
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| | (b) | the publication of notice of the fact that the CMA has otherwise decided |
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| | not to make such a reference in relation to the matter; or |
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| | (c) | the making of such a reference in relation to the matter.’. |
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| Clause 27, page 22, line 28, leave out ‘In subsection (1A)(a), the’ and insert ‘In this |
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| Clause 27, page 22, line 33, leave out ‘subsection (1A)(a)’ and insert ‘this section’. |
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| Clause 27, page 22, line 44, at end insert— |
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| | ‘(1A) | This section also applies where— |
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| | (a) | the CMA has conducted a consultation under section 169 in respect of a |
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| | decision of the kind mentioned in subsection (6)(a)(i) of that section; |
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| | (b) | the CMA has decided that it should make an ordinary reference or a |
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| | cross-market reference in relation to the matter concerned under section |
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| | (c) | an intervention notice under section 139(1) is in force in relation to the |
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| | matter at the time when the CMA makes that decision.’. |
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| Clause 27, page 23, leave out lines 3 to 6 and insert— |
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| | ‘(b) | in a case falling within subsection (1), shall not publish the market study |
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| | report under section 131B(4) and shall instead, within the period |
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| | mentioned in section 131B(4), give the report to the Secretary of State; |
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| | (c) | in a case falling within subsection (1A), shall give to the Secretary of |
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| | State a document containing— |
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