(1) Where the Secretary of State decides not to make a reference under section 45 on the ground that no public interest consideration to which he is able to have regard is relevant to a consideration of the relevant merger situation concerned, he shall by notice require the CMA to deal with the matter otherwise than under this Chapter.

(2) Where a notice is given to the CMA in the circumstances mentioned in subsection (1), the CMA shall decide whether to make a reference under section 22, 33, 68B or 68C; and anytime-limits in relation to the Secretary of State's decision whether to make a reference under section 45 (including any remaining powers of extension) shall apply in relation to the decision of the CMA whether to make a reference under section 22 or 33.