(1) Subsection (3) applies where,in relation to any goods or services -

(a) the appropriate Minister is not satisfied with a decision of the CMA not to make a reference under section 131, and

(b) in a case in which the CMA has published a market study notice under section 130A, the period permitted by section 131B for the preparation and publication by the CMA of the market study report has expired.

(2) Subsection (3) also applies where, in relation to any goods or services, the appropriate Minister -

(a) has brought to the attention of the CMA information which the appropriate Minister considers to be relevant to the question of whether the CMA should make a reference under section 131; but