Freedom of Information
Act: Competition Commission Publication Scheme
Under the Freedom
of Information Act, every public authority is required
to adopt and maintain a Publication Scheme. The Scheme should
provide the public with a structured listing of any information
which the public authority publishes or intends to publish;
the manner in which the information is or will be published;
and whether the material is or is intended to be made available
free of charge or on payment.
The 2005 Publication Scheme for the Competition Commission
is available below:
Part 1: Introduction
1. This Scheme may be referred to as the Competition Commission
Publication Scheme 2005. It replaces the Competition Commission
Publication Scheme 2003. In the paragraphs below we refer
to this scheme as “this Scheme”.
2. The purpose of this Scheme is to specify the classes of
information we publish or intend to publish; how the information
is or will be published; and whether the information is available
free of charge or on payment.
Responsibility for the Scheme
3. The Chief Executive Officer has overall responsibility
for the publication scheme.
4. The person responsible for maintaining the scheme on a
daily basis is the Head of Planning. If you wish
to obtain a hard copy of any of the publications which are
stated in this scheme to be available on request, please
contact
the Information Centre Manager.
Competition Commission
Victoria House
Southampton Row
London
WC1B 4AD
Tel 020 7271 0240
email: info@competition-commission.gsi.gov.uk
Requesting information
5. If the information you seek is not contained within this
scheme you may make a request for it under the Freedom of
Information Act. You may do so by contacting the Competition
Commission as above. Information can be made available subject
to the exemptions in the Act.
Monitoring and review of the Publication Scheme
6. We propose to review our scheme annually. Any comments
or suggestions should be sent to the Information Centre Manager
Copyright
7. The copyright of material listed in this publication scheme
is held by the Competition Commission unless otherwise indicated.
8. Applications for any proposed use of text or images should
be made to the contact address listed above.
9. The copyright of reports published on or before 1 August
1989 is held by the Crown. For information on the use of Crown
copyright, see guidance issued by HMSO on the HMSO website
at: http://www.hmso.gov.uk/copyright/guidance/guidance_notes.htm
or by contacting HMSO at
HMSO Licensing Division,
St Clements House,
2-16 Colegate
Norwich NR3 1BQ
Part 2: Classes of information,
manner of publication and charging
10. The Annex to this scheme
- specifies the classes of information
which the Competition Commission publishes or intends to
publish;
- specifies the manner in which
information of each class is, or is intended to be, published;
- provides supplemental information
in relation to the classes; and
- assigns a number to each publication
for ease of reference.
Approach used to determine classes included
11. Our approach is to be as open as possible within the constraints
imposed by the nature of the Competition Commission’s
work and its legislative framework.
12. In recent years, the Competition Commission has in fact
introduced a series of changes to embody greater transparency
in its operations, following a major consultation with interested
parties and the public generally. These changes are embodied
in our publication scheme.
13. Measures to increase transparency must also be seen in
the context of the overriding need to preserve the confidentiality
of commercially sensitive information in the conduct of our
inquiries and the need to avoid prejudicing the discharge
of our functions. Furthermore, information about businesses
obtained during an inquiry is protected by the criminal law.
Interpretation of the Annex
14. Where, in the Annex we use the word ‘current’,
we mean for the time being current (as opposed to current
at the date of this scheme). The same principle applies to
the expressions ‘currently’ and ‘to date’.
15. Where the manner of publication of information is described
in the Annex as ‘online’, it means that we publish
the information or, (as the case may be) intend to publish
it, on the Internet, but would be willing to provide a hard
copy on request. These can be obtained by making a request
to the Information Centre Manager. In each case we provide
a link to a table of publications on
our web site where the relevant uniform resource locator (URL)
of each publication can be found.
16. Where the manner of publication of information is described
in the Annex as ‘printed copy available on request’,
it means that we publish the information or, (as the case
may be) intend to publish it, by providing professionally
printed copies. These can be obtained by making a request
to the Information Centre Manager.
17. Any information that the Competition Commission is prevented
by law from disclosing to the public or which would otherwise
fall within the exemptions in the Freedom of Informaton Act
should be regarded as excluded from the classes set out in
the Annex.
18. The Act requires us to specify classes of ‘information’
which we publish or intend to publish. ‘Information’
is defined as ‘information recorded in any form’.
Thus strictly speaking a class should comprise a description
of information rather than a description of a document or
class of documents. Some classes in the Annex are described
as being a document or class of documents. In those cases,
the class should be read as meaning the information recorded
in that document or class of documents.
Exempt information
19. As stated in paragraph 13 above, any information that
the Commission is prevented by law from disclosing to the
public or which would otherwise be exempt under the Freedom
of Informaton Act should be regarded as excluded from the
classes set out in the Annex. Where a document is published
with exempt material excluded, this will be clearly shown
in the text of the particular document together with an explanation
of the exemption relied on.
20. The Annex identifies the cases where it is anticipated
that material will be deleted on the grounds that it is exempt
and gives an explanation. However, this is without prejudice
to paragraph 13 above.
Charging
21. Where the manner of publication of information is described
in the Annex as ‘web format’, access to the relevant
web site is free of charge (ie there is no charge by us, although
the user would have to meet any charges by their Internet
service provider, printing costs etc).
22. There is a charge where we supply hard copies on request.
The charges will be at cost and payment is required before
delivery. However, costs may be waived at our discretion and
normally will be in the case of one or two page documents.
The Annex
A. Corporate Information
Class number A1
Functions and overview of the Competition Commission
Manner of publication: Online
Relevant URL: http://www.competition-commission.org.uk/about_us/index.htm
Class number A2
The aims and objectives of the Competition Commission are
published every April in the Corporate Plan. The most recent
Corporate Plan can be found:
Manner of publication: Online
Relevant URL: http://www.competition-commission.org.uk/our_role/corporate_plan/index.htm
Class number A3
The current top level organisational structure of the Competition
Commission and names of the members of the Council
Manner of publication: Online
Relevant URL: http://www.competition-commission.org.uk/our_peop/org_chart/index.htm
Class number A4
Central contact points within the Competition Commission
for external inquiries
Manner of publication: Online
Relevant URL: http://www.competition-commission.org.uk/footer/contact_points.htm
B. Management Information
Class number B1
The Competition Commission’s current internal management
structure and names of senior staff
Manner of publication: Online
Relevant URL: Names of senior staff available at http://www.competition-commission.org.uk/our_peop/staff/index.htm
Internal management structure - To be published
Class number B2
The current version of the Management and Financial Memorandum
approved by the Council of the Competition Commission
Manner of publication: Online
Relevant URL: http://www.competition-commission.org.uk/our_role/ms_and_fm/index.htm
Class number B3
Current policies for human resource management, including
race equality, learning and development, and health and safety
Manner of publication: Online
Relevant URL: http://www.competition-commission.org.uk/our_peop/employment/index.htm
Class number B4
Competition Commission job vacancies currently open for application
by the public
Manner of publication: Online
Relevant URL: http://www.competition-commission.org.uk/our_peop/employment/job_opps/index.htm
C. Administrative Information
Class number C1
Information on how to make a complaint, of a particular or
general nature, and how it will be dealt with
Manner of publication: Online
Relevant URL: http://www.competition-commission.org.uk/footer/complaints.htm
Class number C2
Current version of the Chairman’s guidance to Competition
Commission Members on the handling of any conflicts of interest
in their work
Manner of publication: Online
Relevant URL: http://www.competition-commission.org.uk/our_peop/conflicts_of_interest.htm
Class number C3
Current version of the Chairman’s Guidance to Competition
Commission members on acceptance of gifts and hospitality
Manner of publication: Online
Relevant URL: http://www.competition-commission.org.uk/our_peop/guidance_gifts.htm
Class number C4
Names of current reporting side members with such further
personal information that they have consented to be published
Manner of publication: Online
Relevant URL: http://www.competition-commission.org.uk/our_peop/members//index.htm
Class number C5
Current entries in the Register of Members interests maintained
by the Competition Commission
Manner of publication: Online
Relevant URL: http://www.competition-commission.org.uk/our_peop/reg_interests/index.htm
Note: The Register contains, in addition to member’s
interests, their recent appointments and the name of any businesses
they have recently carried on alone or in partnership
Class number C6
Items that regularly appear on the agendas to meetings of
the Competition Commission Council
Manner of publication: Online
Relevant URL: To be published
D. Operational Information
Class number D1
The types of inquiries conducted by the Competition Commission
and, for each type of inquiry the governing legislation and
the referring authority
Manner of publication: Online
Relevant URL: http://www.competition-commission.org.uk/our_role/what_investigate/index.htm
Class number D2
Consultation documents in respect of which the consultation
period has either:
(a) not expired, or
(b) has expired within the 12 month period ending on the current
date
Manner of publication: Online
Relevant URL: http://www.competition-commission.org.uk/rep_pub/consultations/index.htm
Class number D3
The current version of all:
(a) general advice and guidance on mergers published by the
Competition Commission under section 106 of the Enterprise
Act 2002: and
(b) general advice and guidance on market investigations to
be published by the Competition Commission under section 171
of the Enterprise Act 2002
Manner of publication: Online
Relevant URL: http://www.competition-commission.org.uk/rep_pub/rules_and_guide/index.htm
Class number D4
The current version of the statement published by the Competition
Commission under section 116 of the Enterprise Act 2002 on
policy on the enforcement of notices relating to the attendance
of witnesses, the production of documents etc.
Manner of publication: Printed
copy available on request; online
Relevant URL: http://www.competition-commission.org.uk/rep_pub/rules_and_guide/index.htm
Class number D5
Current version of Chairman’s guidance made under
paragraph 19 (3) of Schedule 7 to the Competition Act 1998
Manner of publication: Printed
copy available on request; online
Relevant URL: http://www.competition-commission.org.uk/rep_pub/rules_and_guide/index.htm
Class number D6
The Commission rules of procedure made under paragraph 19A
of Schedule 7 to the Competition Act 1998
Manner of publication: Printed
copy available on request; online
Relevant URL: http://www.competition-commission.org.uk/rep_pub/rules_and_guide/index.htm
Class number D7
Chairman’s guidance on disclosure of information in
market and merger inquiries
Manner of publication: Printed
copy available on request; online
Relevant URL: http://www.competition-commission.org.uk/rep_pub/rules_and_guide/index.htm
Class number D8
General advice and information
Manner of publication: Printed
copy available on request; online
Relevant URL: http://www.competition-commission.org.uk/rep_pub/rules_and_guide/index.htm
Note: This is one of a series of documents which the Commission
is required to publish under the Enterprise Act 2002
Class number D9
The current version of any instructions to staff on procedures
for conducting inquiries issued after the date of this Scheme
Manner of publication: Online
Relevant URL: To be published
Note: Material may be deleted on the grounds that it is exempt
under the Freedom of Information Act. Exemption could be on
the grounds that disclosure would harm the proper and efficient
conduct of the operations of Competition Commission.
Class number D10
The inquiries currently being conducted and, in relation
to each such inquiry:
(a) the terms of reference, the names of inquiry group members,
outline timetable and dates of public hearings;
(b) issues letter unless the group directs that it is not
to be published;
(c) notices of any provisional findings if publication is
required by rules made under paragraph 19A of Schedule 7 to
the Enterprise Act 2002 or is directed by the group,
(d) remedies statements unless the group directs that it is
not to be published; and
(e) information required to be published under sections 107
and 172 of the Enterprise Act 2002
Manner of publication: Online
Relevant URL: http://www.competition-commission.org.uk/inquiries/current/index.htm
Class number D11
Introduction to the Competition Commission’s energy
code modification appeal jurisdiction
Manner of publication: Online
Relevant URL: http://www.competition-commission.org.uk/appeals/energy/introduction_to_the_cc.htm
E. Other Publications
Class number E1
Questions frequently asked and answers to those questions
Manner of publication: Online
Relevant URL: http://www.competition-commission.org.uk/our_role/faq/index.htm
Class number E2
The versions of the reports of inquiries of the Monopolies
and Mergers Commission (originally named the Monopolies Commission)
and the Competition Commission that have been published to
date pursuant to Act of Parliament
Manner of publication: Online
Where the Competition Commission is required by any enactment
(whenever made) to publish a report of an inquiry, the Competition
Commission will make printed copies available for sale.
Other reports of the Competition Commission are published
by the Secretary of State for Trade and Industry and the utility
regulators. Printed copies can be purchased from The Stationery
Office Limited unless otherwise indicated.
Relevant URL: http://www.competition-commission.org.uk/rep_pub/reports/index.htm
Class number E3
Annual Reviews of the Competition Commission’s work
and accounts from 1998/99 to present.
Manner of publication: Printed copy available on request;
online
Relevant URL: http://www.competitioncommission.org.uk/rep_pub/annual_rev_archive/index.htm
Class number E4
All statements of account sent to the Secretary of State
under paragraph 12 of Schedule 7 to the Competition Act 1998
Manner of publication: Printed
copy available on request; online
Relevant URL http://www.competitioncommission.org.uk/rep_pub/annual_rev_archive/index.htm
Note: These are published as part of the Annual Reviews and
Annual Reports of the Competition Commission. They will not
necessarily be published separately.
Class number E5
All the Competition Commission’s annual reports to
the Secretary of State on its activities during the year made
under paragraph12A of Schedule 7 to the Competition Act 1998
Manner of publication: Printed
copy available on request; online
Relevant URL: http://www.competition-commission.org.uk/rep_pub/annual_rev_archive/index.htm
Class number E6
Competition Commission press releases from the beginning
of the calendar year preceding the current year. Thus, for
example, a press release in the year 2004 will be published
during the remainder of 2004 and the whole of 2005.
Manner of publication: Online
Relevant URL: http://www.competition-commission.org.uk/press_rel/index.htm
Class number E7
Chairman’s Speeches of which the Competition Commission
has a transcript and which he has consented to be published
Manner of publication: Online
Relevant URL: http://www.competition-commission.org.uk/our_role/speeches/index.htm
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