Section 106(8)

After sub-paragraph (2) insert— Sub-paragraph (1)(a) does not apply to the functions of deciding— whether to make a designation under section 2 of the 2024 Act; what, if any, provision to make in reliance on section 17 of the 2024 Act; whether to impose a conduct requirement under section 19 of the 2024 Act; whether to revoke a conduct requirement under section 22 of the 2024 Act; whether to make, and the form of, an enforcement order, other than an interim enforcement order, under section 31 of the 2024 Act; whether to accept a commitment under section 36 or section 56 of the 2024 Act; whether to exercise the power conferred by section 38(1) of the 2024 Act (power to adopt final offer mechanism); whether to make, and the form of, a pro-competition intervention under section 46 of the 2024 Act; the contents of a notice under section 50 of the 2024 Act (notice of decision on pro-competition intervention); whether to replace a pro-competition order under section 52 of the 2024 Act; whether to revoke a pro-competition order under section 53 of the 2024 Act. whether to impose a penalty on a person under section 85 or section 87 of the 2024 Act; the amount of any such penalty. A committee or sub-committee of the CMA Board may not be authorised to carry out any of the functions listed in sub-paragraph (2A) unless— the committee or sub-committee includes— at least two members of the Board who are not members of the CMA’s staff, or the chair and at least one member of the Board who is not a member of the CMA’s staff, and at least half of the members of the committee or sub-committee are— members of the Board who are not members of the CMA’s staff, or members of the CMA panel.

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Source: legislation.gov.uk · retrieved 2026-07-30