Enterprise and Regulatory Reform Act 2013

Schedule 4A Functions to which the CMA’s duty of expedition applies

Section 25 Part 1 Introduction 1 The following functions are functions within this Schedule for the purposes of section 25(5). Part 2 Competition functions Functions under the Enterprise Act 2002 2 Functions under Part 3 of the 2002 Act (mergers) other than functions under— (a) section 94B (statement of policy about functions under sections 94 and 94AA); (b) section 106 (advice and information about references under section 22 or 33); (c) section 116 (statement of policy about penalties). 3 Functions under Part 4 of the 2002 Act (market studies and market investigations) other than functions under— (a) section 166 (register of undertakings and orders); (b) section 167C (statement of policy about functions under sections 167 and 167A); (c) section 171 (advice and information about market investigation references); (d) section 174E (statement of policy about penalties). 4 Functions under Part 6 of the 2002 Act (the cartel offence) other than functions under section 190A (cartel offence: prosecution guidance). Functions under Part 1 of the Competition Act 1998 5 Functions under Part 1 of the 1998 Act (competition) other than functions under— (a) section 31D (guidance about the acceptance of commitments under section 31A); (b) section 35C (statement of policy about penalties under sections 31E, 34 and 35A); (c) section 38 (the appropriate level of a penalty); (d) section 40B (statement of policy about penalties under section 40A); (e) section 51 (CMA rules); (f) section 52 (advice and information about the Chapter 1 and 2 prohibitions); (g) section 54 (functions of sectoral regulators). Functions under Chapter 3 of Part 2 of the Water Industry Act 1991 6 Functions under sections 32 to 35 of the Water Industry Act 1991 (protection of consumers: competition provisions). Part 3 Consumer functions Functions under Part 3 of the Digital Markets, Competition and Consumers Act 2024 7 Functions under Part 3 of the Digital Markets, Competition and Consumers Act 2024 (enforcement powers for infringements of consumer protection law) other than functions under— (a) section 199 (statement of policy about penalties); (b) sections 210 and 211 (rules about direct enforcement functions); (c) section 212 (guidance about direct enforcement functions). 8 Functions under Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024 (protection from unfair trading). Functions under the Consumer Rights Act 2015 9 (1) Functions under Schedule 3 to the Consumer Rights Act 2015 (enforcement of law on unfair contract terms and notices) other than functions under paragraph 7(2) to (5) of that Schedule (provision of information and advice). (2) Functions under Schedule 5 to the Consumer Rights Act 2015 (investigatory powers) other than functions under paragraph 16F of that Schedule (statement of policy about penalties). Functions under the Business Protection from Misleading Marketing Regulations 2008 10 Functions under the Business Protection from Misleading Marketing Regulations 2008 (S.I. 1276/2008) other than functions under regulation 20(2) of those Regulations (provision of information and advice). Part 4 Digital market functions Functions under Part 1 of the Digital Markets, Competition and Consumers Act 2024 11 Functions under Part 1 of the Digital Markets, Competition and Consumers Act 2024 (digital markets) other than functions under— (a) section 60 (content of report under section 57 etc); (b) section 67 (regulations about duty to notify); (c) section 91 (statement of policy on penalties); (d) section 114 (guidance about functions under Part 1).