c. 12
20
Telecommunications Act 1984
II
bers of the Commission ; and if any functions of the Commission in relation to any such reference are performed through a
group, the chairman of the Commission shall select one, two
or three of those additional members to be members of the
group and the number of regular members to be selected by him
under paragraph 10 of Schedule 3 to the 1973 Act shall be
reduced accordingly.
Reports on
14.-(1) In making a report on a reference under section 13
above, the Commission(a) shall include in the report definite conclusions on the
questions comprised in the reference together with
such an account of their reasons for those conclusions
as in their opinion is expedient for facilitating proper
understanding of those questions and of their conclusions ;
(b) where they conclude that any of the matters specified
in the reference operate, or may be expected to operate, against the public interest, shall specify in the
report the effects adverse to the public interest which
those matters have or may be expected to have ; and
(c) where they conclude that any adverse effects so specified could be remedied or prevented by modifications
of the conditions of the licence, shall specify in the
report modifications by which those effects could be
remedied or prevented.
PART
licence
modification
references.
1976 c. 34.
(2) Where, on a reference under this section, the Commission
conclude that any person who is authorised by the licence to
run a telecommunication system is a party to an agreement to
which the Restrictive Trade Practices Act 1976 applies, the
Commission, in making their report on that reference, shall
exclude from their consideration the question whether the provisions of that agreement, in so far as they are provisions by
virtue of which it is an agreement to which that Act applies,
operate, or may be expected to operate, against the public interest; and paragraph (b) of subsection (1) above shall have effect
subject to the provisions of this subsection.
(3) Section 82 of the 1973 Act (general provisions as to
reports) shall apply in relation to reports of the Commission
on references under section 13 above as it applies to reports of
the Commission under that Act.
A report of the Commission on a reference under section
above shall be made to the Director.
(4)
16
report, the Director(a) shall send a copy of the report to the Secretary of State
and, in the case of a licence granted to a particular
person, to that person ; and
(5) On receiving such a