Annex A: Matters reserved for Board involvement
Published 1 October 2013
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1 . The functions of deciding:
a) whether the duty to publish a market study notice under section 130A of the Enterprise Act 2002 applies;
b) whether to propose to make, or to make, a reference under section 131 of that Act;
c) for the purposes of the requirement imposed by section 131A(2)(b) of that Act, whether the CMA is proposing to make a decision as to whether to make a reference under section 131 of that Act in a way that is likely to have a substantial impact on the interests of any person;
d) whether section 140A of that Act applies in respect of a particular case;
e) whether to accept an undertaking under section 154 of that Act, or to vary or supersede or release an undertaking under that section; or
f) for the purposes of the requirement imposed by section 169(2) of that Act, whether the CMA is proposing to make a decision to make a reference under section 131 of that Act in a way that is likely to have a substantial impact on the interests of any person.
2 . The approval of the CMA’s conflicts of interest policy.
3 . The Board will consider matters and provide an advisory steer in relation to large operational projects or programmes that, in the view of either the Principal Accounting Officer or ARAC, could have a significant long term impact on the CMA’s costs or the space available for the CMA to carry out its work.