(1) If -
(a) the Secretary of State fails to make and publish his decision under subsection (2) of section 146 within the period required by subsection (3) of that section; or
(b) the Secretary of State decides that no eligible public interest consideration is relevant as mentioned in subsection (2) of that section;
the CMA shall proceed under section 138 as if the report had been prepared and published under section 136 within the period permitted by section 137.
(2) The CMA shall publish the report which has been prepared by it under section 142 (if still un published) as soon as it becomes able to proceed by virtue of subsection (1).
(3) [deleted]
(4) [deleted]
(5) [deleted]
(6) In relation to proceedings by virtue of subsection (1), the reference in section 138(3) to decisions of the CMA included in its report by virtue of section 134(4) shall be construed as a reference to decisions which were included in the report of the CMA by virtue of section 141(4).
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