Part 2: Remedies Section 31: Interaction with CMA functions under Part 3 of Enterprise Act 2002
Section 31 provides for situations where a trigger event considered under this Act for national security reasons is also subject to consideration by the CMA under the merger control regime in Part 3 of the Enterprise Act 2002. It gives the Secretary of State the power, if a final order is in force or a final notification has been given under this Act (see section 26), to direct the CMA to do, or not to do, anything under the merger control regime in relation to the trigger event. This power will allow the Secretary of State to ensure that, when a risk to national security has been addressed via a final order under the Act, the CMA does not inadvertently undermine this through any action it takes. The Secretary of State will also be able to use this power to ensure that a person is not subject to contradictory remedies under the two regimes.
	Subsections (2) to (4) impose requirements for the use of this power, namely that the Secretary of State must reasonably consider that the direction is necessary and proportionate for the purpose of preventing, remedying or mitigating a risk to national security, that the CMA and such other persons as the Secretary of State considers appropriate must first be consulted, and that the Secretary of State’s direction must be published.