c. 12
18
PART
II
Licence
modification
references to
Commission.
Telecommunications Act 1984
13,-(1) The Director may make to the Monopolies and Mer-
gers Commission (in this Act referred to as " the Commission')
a reference which is so framed as to require the Commission to
investigate and report on the questions(a) whether any matters which relate to the provision of
telecommunication services or the supply of telecommunication apparatus by a person authorised by a
licence under section 7 above to run a telecommunication system and which are specified in the reference
operate, or may be expected to operate, against the
public interest ; and
(b) if so, whether the effects adverse to the public interest
which those matters have or may be expected to have
could be remedied or prevented by modifications of
the conditions of that licence.
(2) The Director may, at any time, by notice given to the
Commission vary a reference under this section by adding to
the matters specified in the reference or by excluding from the
reference some or all of the matters so specified ; and, subject
to subsection (5) below, on receipt of such notice the Commission
shall give effect to the variation.
(3) The Director may specify in a reference under this section,
or a variation of such a reference, for the purpose of assisting
the Commission in carrying out the investigation on the refer-
enceto the public interest which, in his
opinion, the matters specified in the reference or varia.
tion have or may be expected to have ; and
(b) any modifications of the conditions of the licence by
which, in his opinion, those effects could be remedied
or prevented.
(a) any effects adverse
(4) The Director shall publish particulars of a reference under
this section, or of a variation of such a reference, in such manner
as he considers appropriate for the purpose of bringing the
reference or variation to the attention of persons likely to be
affected by it and, in the case of a licence granted to a particular person, shall send a copy of the reference or variation to that
person.
(5) The Director shall also send a copy of a reference under
this section, or a variation of such a reference, to the Secretary
of State ; and if, before the end of the period of 14 days
beginning with the day on which the Secretary of State receives
the copy of the reference or variation, the Secretary of State
directs the Commission not to proceed with the reference or,
as the case may require, not to give effect to the variation, the
Commission shall comply with the direction.