Telecommunications Act 1984
c. 12
(6) The Secretary of State shall not give a direction under
subsection (5) above unless it appears to him to be requisite or
expedient to do so in the interests of national security or relations with the government of a country or territory outside the
19
PART
II
United Kingdom.
(7) It shall be the duty of the Director, for the purpose of
assisting the Commission in carrying out an investigation on a
reference under this section, to give to the Commission-
information which is in his possession and which
relates to matters falling within the scope of the investigation, and which is either requested by the Commission for that purpose or is information which in his
opinion it would be appropriate for that purpose to give
to the Commission without any such request ; and
(b) any other assistance which the Commission may require,
and which it is within his power to give, in relation
to any such matters,
and the Commission, for the purpose of carrying out any such
investigation, shall take account of any information given to
them for that purpose under this subsection.
(a) any
(8) In determining for the purposes of this section whether any
particular matter operates, or may be expected to operate, against
the public interest, the Commission shall have regard to the matters as respects which duties are imposed on the Secretary of
State and the Director by section 3 above.
(9) Sections 70 (time limit for report on merger reference) and
85 (attendance of witnesses and production of documents) of
the Fair Trading Act 1973 (in this Act referred to as " the 1973 c. 41.
1973 Act ") and Part II of Schedule 3 to that Act (performance
of functions of the Commission) shall apply in relation to references under this section as
(a) the functions of the Commission in relation to those
if-
references were functions under that Act ;
(b) the expression " merger reference " included a reference
under this section ;
in
the said section 70 references to the Secretary of State
(c)
were references to the Director and the reference to
three months were a reference to six months ;
in
paragraph 11 of the said Schedule 3 the reference
(ci)
to section 71 of that Act were a reference to subsection
(2) above ; and
(e) paragraph 16(2) of that Schedule were omitted.
(10) For the purposes of references under this section the Secretary of State shall appoint not less than three additional mem-