Section 42(6)

In their application by virtue of subsection (5) sections 23 to 30 shall have effect as if— for paragraph (a) of section 23(9) there were substituted— in relation to the giving of an intervention notice, the time when the notice is given; in relation to the making of a report by the CMA under section 44, the time of the making of the report; in the case of a reference which is treated as having been made under section 45(2) or (3) by virtue of section 49(1), such time as the CMA may determine; and the references to the CMA in section 25(1) to (3) ... included references to the Secretary of State; the references to the CMA in section 25(4) and (5) were references to the Secretary of State; the reference in section 25(4) to section 73 were a reference to paragraph 3 of Schedule 7; after section 25(5) there were inserted— The Secretary of State may by notice to the persons carrying on the enterprises which have or may have ceased to be distinct enterprises extend the four month period mentioned in section 24(1)(a) or (2)(b) if, by virtue of section 46(5) or paragraph 3(6) of Schedule 7, he decides to delay a decision as to whether to make a reference under section 45. An extension under subsection (5A) shall be for the period of the delay. in section 25(10)(b) for “ and (4) ” there were substituted “, (4) and (5A)”; the reference in section 25(12) to one extension were a reference to one extension by the CMA and one extension by the Secretary of State; the powers to extend time-limits under section 25 as applied by subsection (5) above ... were not exercisable by the CMA or the Secretary of State before the giving of an intervention notice but the existing time-limits by virtue of section 24 (as so applied) in relation to possible references under section 22 or 33 were applicable for the purposes of the giving of that notice; the existing time-limits by virtue of section 24 (as so applied) in relation to possible references under section 22 or 33 (except for extensions under section 25(4)) remained applicable on and after the giving of an intervention notice as if any extensions were made under section 25 as applied by subsection (5) above but subject to further alteration by the CMA or the Secretary of State under section 25 as so applied; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . in the case of the giving of intervention notices, the references in sections 23 to 30 to the making of a reference or a reference were, so far as necessary, references to the giving of an intervention notice or an intervention notice; ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Source: legislation.gov.uk · retrieved 2026-09-04