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Enquiries by Commission.
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5.—(1) (a) The Commission shall, on the recommendation of the Examiner or at the request of the Minister transmitted by the Examiner, and may, on application by any person whose request for an enquiry has been refused by the Examiner, cause an enquiry to be held—
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(i) into the conditions which obtain in regard to the supply and distribution of any kind of goods or to one or more aspects of the supply and distribution of one or more kinds of goods,
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(ii) into the conditions which obtain in regard to the provision of any service or to one or more aspects of the provision of one or more kinds of service, or
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(iii) into one or more aspects of the operation of an order under section 8.
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(b) The Commission may at the request of any person, made after publication of a notice under section 10 (4) of their intention to hold a special review, hold the special review by means of an enquiry, but where they decide not to hold the special review by means of an enquiry, shall inform the person who made the request of the reasons for their decision.
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(2) Subject to subsections (3) and (4), an enquiry may be held by one or more of the members of the Commission delegated by the Commission for the purpose.
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(3) An enquiry shall not, without the consent of the Minister, be held by a temporary member acting alone.
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(4) Not more than one temporary member may act for the purpose of a particular enquiry.
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(5) An enquiry shall be held in public save in so far as, in the opinion of the member or members holding it, private sittings may be necessary solely to establish matters of fact the public disclosure of which might materially injure the legitimate interests of any person.
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(6) The Commission shall submit to the Minister a report of every enquiry.
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(7) Where the Commission, having received a request from any person (being a person whose request for an enquiry has been refused by the Examiner) to hold an enquiry, decide not to hold the enquiry, they shall inform the person of the reasons for their decision.
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