[16B [CMA's] power of veto following report: supplementary]
Water Industry Act 1991 (1991 c 56) | Legislation

[16B  [CMA's] power of veto following report: supplementary]

[(1)     For the purposes of the law relating to defamation, absolute privilege attaches to any notice under subsection (4)(a), (6) or (9) of section 16A above.

(2)     In giving any notice under subsection (4)(a) or (6) of section 16A above, or publishing any notice under subsection (9) of that section, the [CMA] must have regard to the following considerations before disclosing any information.

(3)     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.

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

(a)     commercial information whose disclosure the [CMA] thinks might significantly harm the legitimate business interests of the undertaking to which it relates; or

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

(5)     The third consideration is the extent to which the disclosure of the information mentioned in subsection (4)(a) or (b) above is necessary

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