Part 5: Miscellaneous Chapter 1: Competition in connection with motor fuel Section 311: Provision of information about competition in connection with motor fuel
This section gives the Competition and Markets Authority (CMA) power to request information from undertakings in, or connected with, the distribution, supply or retail of petrol and diesel. Such information should assist the CMA in assessing competition in the retail market for petrol and diesel and to provide updates and advice on proposals to increase competition and benefit consumers. This includes any information, such as estimates, forecasts, and returns. The use of "undertaking" means the CMA will not have the power to issue information notices to individuals, unless that individual is engaged in economic activity in relation to distribution, supply or retail of petrol and diesel, for example a sole trader that operates a filling station.
	Subsection (1) sets out that the CMA can request information from undertakings operating in the road fuel supply chain to support the operation of the function. This includes assessing competition in the retail of motor fuel and providing updates, recommendations, and advice on the state of competition in the sector to increase competition or benefit consumers.
	Subsection (3) sets out the content requirements for an information notice. The notice must set out the time and the frequency with which the information must be given to the CMA, as well as the form the information must take. For example, a notice might specify how the information should be transferred. The notice must also set out the consequences of not complying with the information request.
	Subsection (4) sets out the non-exhaustive requirements that the CMA can place upon businesses in an information request, including the provision of copies of or extracts from information, to obtain or generate information, collect, or retain information and to justify why information has not been given to the CMA.
	Subsection (8) outlines definitions and source of definitions for certain words used in this section. "Motor fuel" means petrol or diesel. These definitions set the parameters for the purposes of the function as outlined in subsection (1).
	Subsection (9) allows for the Secretary of State to amend the definition outlined in subsection (8) and is subject to the negative procedure. As the power relates to the detailed technical definitions, it was considered that the matter warrants a degree of scrutiny, but not necessarily prior Parliamentary debate and draft affirmative approval. In addition, the definition used in the amendment comes from the Motor Fuel (Composition and Content) Regulations 1999, which uses powers under section 30 of the Clean Air Act 1993. Regulations made under that section are subject to the negative procedure and therefore to ensure consistency with that the negative procedure is appropriate.