[15C Sections 15A and 15B: supplementary]
Railways Act 1993 (1993 c 43) | Legislation

[15C  Sections 15A and 15B: supplementary]

[[(1)     For the purposes of the law relating to defamation, absolute privilege attaches to any notice under section 15A(4) or 15B(3) above.

(2)     In giving any notice under section 15A(4) or 15B(3) above, the [CMA] must have regard to the following considerations before disclosing any information.

(2A)     The first consideration is the need to exclude from disclosure (so far as practicable) any information whose disclosure the [CMA] thinks is contrary to the public interest.

(2B)     The second consideration is the need to exclude from disclosure (so far as practicable)—

(a)     commercial information whose disclosure the [CMA] thinks might significantly harm the legitimate business interests of the undertaking to which it relates, or

(b)     information relating to the private affairs of an individual whose disclosure the [CMA] thinks might significantly harm the individual's interests.

(2C)     The third consideration is the extent to which the disclosure of the information mentioned in subsection (2B)(a) or (b) above is necessary for the purposes of the notice.

(2D)     The following sections of Part 3 of the Enterprise Act 2002 shall apply, [as they had effect immediately before the relevant date and] with the modifications mentioned in subsections [(2DA),]

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