This section applies where the F3CMA is satisfied that the Board has failed to give full and proper consideration to a report made by the F3CMA, in respect of an approved regulator, under section 57.

The F3CMAmay give a copy of its report to the Lord Chancellor.

The F3CMAmust notify the Board and the approved regulator if it gives a copy of its report to the Lord Chancellor.

On receiving a report under subsection (2), the Lord Chancellor F2must make a reference to the chair of the CMA for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, for the purpose of advising the Lord Chancellor on what action (if any) should be taken by the Lord Chancellor under section 61.

Where a reference is made to the chair of the CMA under this section for the constitution of a group, the functions of the CMA under section 60, in relation to the matter concerned, are to be carried out on behalf of the CMA by the group so constituted (including functions under sections 109 to 115 of the Enterprise Act 2002, as applied by section 60(9)).