(1) No reference shall be made under section 45 if -
(a) the making of the reference is prevented by section 74(1) or 96(3) or paragraph 4 of Schedule 7.
(b) [deleted]
(c) [deleted]
(1A) [deleted]
(2) The Secretary of State, in deciding whether to make a reference under section 45, shall accept the decisions of the CMA included in its report by virtue of subsection (4) of section 44 and any descriptions of undertakings as mentioned in subsection (5) of that section.
(3) Where the decision to make a reference under section 45 is made at any time on or after the end of the period of 24 weeks beginning with the giving of the intervention notice concerned, the Secretary of State shall, in deciding whether to make such a reference, disregard any public interest consideration which is mentioned in the intervention notice but which has not been finalised before the end of that period.
(4) Subject to subsection (5), where the decision to make a reference under section 45(2) or (4) is made at a
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