Enterprise Act 2002
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Change 1
41B Section 41A: supplementary
(1) A period extended under section 41A(2) may also be extended under section 41A(3), and a period extended under section 41A(3) may also be extended under section 41A(2). (2) No more than one extension is possible under section 41A(2). (3) Where a period is extended or further extended under section 41A(2) or (3), the period as extended or (as the case may be) further extended is, subject to subsections (4) and (5), to be calculated by taking the period being extended and adding to it the period of the extension (whether or not those periods overlap in time). (4) Subsection (5) applies where— (a) the period within which the CMA must discharge its duty under section 41(2) is further extended; (b) the further extension and at least one previous extension is made under section 41A(3); and (c) the same days or fractions of days are included in or comprise the further extension and are included in or comprise at least one such previous extension. (5) In calculating the period of the further extension, any days or fractions of days of the kind mentioned in subsection (4)(c) are to be disregarded. (6) The Secretary of State may by order amend section 41A so as to alter either or both of the following periods— (a) the period of 12 weeks mentioned in subsection (1) of that section or any period for the time being mentioned in that subsection in substitution for that period; (b) the period of 6 weeks mentioned in subsection (2) of that section or any period for the time being mentioned in that subsection in substitution for that period. (7) But no alteration may be made by virtue of subsection (6) which results in— (a) the period for the time being mentioned in section 41A(1) exceeding 12 weeks; or (b) the period for the time being mentioned in section 41A(2) exceeding 6 weeks. (8) Before making an order under subsection (6) the Secretary of State shall consult the CMA and such other persons as the Secretary of State considers appropriate.
41B Section 41A: supplementary
(1) A period extended under section 41A(2) may also be extended under section 41A(3), and a period extended under section 41A(3) may also be extended under section 41A(2). (2) No more than one extension is possible under section 41A(2). (3) Where a period is extended or further extended under section 41A(2) or (3), the period as extended or (as the case may be) further extended is, subject to subsections (4) and (5), to be calculated by taking the period being extended and adding to it the period of the extension (whether or not those periods overlap in time). (4) Subsection (5) applies where— (a) the period within which the CMA must discharge its duty under section 41(2) is further extended; (b) the further extension and at least one previous extension is made under section 41A(3); and (c) the same days or fractions of days are included in or comprise the further extension and are included in or comprise at least one such previous extension. (5) In calculating the period of the further extension, any days or fractions of days of the kind mentioned in subsection (4)(c) are to be disregarded. (6) The Secretary of State may by order amend section 41A so as to alter either or both of the following periods— (a) the period of 12 weeks mentioned in subsection (1) of that section or any period for the time being mentioned in that subsection in substitution for that period; (b) the period of 6 weeks mentioned in subsection (2) of that section or any period for the time being mentioned in that subsection in substitution for that period. (7) But no alteration may be made by virtue of subsection (6) which results in— (a) the period for the time being mentioned in section 41A(1) exceeding 12 weeks; or (b) the period for the time being mentioned in section 41A(2) exceeding 6 weeks. (8) Before making an order under subsection (6) the Secretary of State shall consult the CMA and such other persons as the Secretary of State considers appropriate.
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