79 Members' approval of directors' remuneration policy
(1) In section 421 of the Companies Act 2006 (contents of directors' remuneration report) after subsection (2) insert—
(2A) The regulations must provide that any information required to be included in the report as to the policy of the company with respect to the making of remuneration payments and payments for loss of office (within the meaning of Chapter 4A of Part 10) is to be set out in a separate part of the report.
(2) After section 422 of that Act (approval and signing of directors' remuneration report) insert—
Revisions to directors' remuneration policy
422A (1) The directors' remuneration policy contained in a company's directors' remuneration report may be revised.
(2) Any such revision must be approved by the board of directors.
(3) The policy as so revised must be set out in a document signed on behalf of the board by a director or the secretary of the company.
(4) Regulations under section 421(1) may make provision as to—
(a) the information that must be contained in a document setting out a revised directors' remuneration policy, and
(b) how information is to be set out in the document.
(5) Sections 422(2) and (3), 454, 456 and 463 apply in relation to such a document as they apply in relation to a directors' remuneration report.
(6) In this section, “directors' remuneration policy” means the policy of a company with respect to the matters mentioned in section 421(2A).
(3) In section 439 of that Act (quoted companies: members' approval of directors' remuneration report), in subsection (1), at the end insert “other than the part containing the directors' remuneration policy (as to which see section 439A).”
(4) After that section insert—
Quoted companies: members' approval of directors' remuneration policy
439A (1) A quoted company must give notice of the intention to move, as an ordinary resolution, a resolution approving the relevant directors' remuneration policy—
(a) at the accounts meeting held in the first financial year which begins on or after the day on which the company becomes a quoted company, and
(b) at an accounts or other general meeting held no later than the end of the period of three financial years beginning with the first financial year after the last accounts or other general meeting in relation to which notice is given under this subsection.
(2) A quoted company must give notice of the intention to move at an accounts meeting, as an ordinary resolution, a resolution approving the relevant directors' remuneration policy if—
(a) a resolution required to be put to the vote under section 439 was not passed at the last accounts meeting of the company, and
(b) no notice under this section was given in relation to that meeting or any other general meeting held before the next accounts meeting.
(3) Subsection (2) does not apply in relation to a quoted company before the first meeting in relation to which it gives notice under subsection (1).
(4) A notice given under subsection (2) is to be treated as given under subsection (1) for the purpose of determining the period within which the next notice under subsection (1) must be given.
(5) Notice of the intention to move a resolution to which this section applies must be given, prior to the meeting in question, to the members of the company entitled to be sent notice of the meeting.
(6) Subsections (2) to (4) of section 439 apply for the purposes of a resolution to which this section applies as they apply for the purposes of a resolution to which section 439 applies, with the modification that, for the purposes of a resolution relating to a general meeting other than an accounts meeting, subsection (3) applies as if for “accounts meeting” there were substituted “ general meeting ”.
(7) For the purposes of this section, the relevant directors' remuneration policy is—
(a) in a case where notice is given in relation to an accounts meeting, the remuneration policy contained in the directors' remuneration report in respect of which a resolution under section 439 is required to be put to the vote at that accounts meeting;
(b) in a case where notice is given in relation to a general meeting other than an accounts meeting—
(i) the remuneration policy contained in the directors' remuneration report in respect of which such a resolution was required to be put to the vote at the last accounts meeting to be held before that other general meeting, or
(ii) where that policy has been revised in accordance with section 422A, the policy as so revised.
(8) In this section—
(a) “accounts meeting” means a general meeting of the company before which the company's annual accounts for a financial year are to be laid;
(b) “directors' remuneration policy” means the policy of the company with respect to the matters mentioned in section 421(2A).
After section 226 of the Companies Act 2006 insert—
CHAPTER 4A Directors of quoted companies: special provision
Interpretation
Key definitions
226A (1) In this Chapter—
“directors' remuneration policy” means the policy of a quoted company with respect to the making of remuneration payments and payments for loss of office;
“quoted company” has the same meaning as in Part 15 of this Act;
“remuneration payment” means any form of payment or other benefit made to or otherwise conferred on a person as consideration for the person—
holding, agreeing to hold or having held office as director of a company, or
holding, agreeing to hold or having held, during a period when the person is or was such a director—
any other office or employment in connection with the management of the affairs of the company, or
any office (as director or otherwise) or employment in connection with the management of the affairs of any subsidiary undertaking of the company,
other than a payment for loss of office;
“payment for loss of office” has the same meaning as in Chapter 4 of this Part.
(2) Subsection (3) applies where, in connection with a relevant transfer, a director of a quoted company is—
(a) to cease to hold office as director, or
(b) to cease to be the holder of—
(i) any other office or employment in connection with the management of the affairs of the company, or
(ii) any office (as director or otherwise) or employment in connection with the management of the affairs of any subsidiary undertaking of the company.
(3) If in connection with the transfer—
(a) the price to be paid to the director for any shares in the company held by the director is in excess of the price which could at the time have been obtained by other holders of like shares, or
(b) any valuable consideration is given to the director by a person other than the company,
the excess or, as the case may be, the money value of the consideration is taken for the purposes of section 226C to have been a payment for loss of office.
(4) In subsection (2), “relevant transfer” means—
(a) a transfer of the whole or any part of the undertaking or property of the company or a subsidiary of the company;
(b) a transfer of shares in the company, or in a subsidiary of the company, resulting from a takeover bid.
(5) References in this Chapter to the making of a remuneration payment or to the making of a payment for loss of office are to be read in accordance with this section.
(6) References in this Chapter to a payment by a company include a payment by another person at the direction of, or on behalf of, the company.
(7) References in this Chapter to a payment to a person (“B”) who is, has been or is to be a director of a company include—
(a) a payment to a person connected with B, or
(b) a payment to a person at the direction of, or for the benefit of, B or a person connected with B.
(8) Section 252 applies for the purposes of determining whether a person is connected with a person who has been, or is to be, a director of a company as it applies for the purposes of determining whether a person is connected with a director.
(9) References in this Chapter to a director include a shadow director but references to loss of office as a director do not include loss of a person's status as a shadow director.
Restrictions relating to remuneration or loss of office payments
Remuneration payments
226B (1) A quoted company may not make a remuneration payment to a person who is, or is to be or has been, a director of the company unless—
(a) the payment is consistent with the approved directors' remuneration policy, or
(b) the payment is approved by resolution of the members of the company.
(2) The approved directors' remuneration policy is the most recent remuneration policy to have been approved by a resolution passed by the members of the company in general meeting.
Loss of office payments
226C (1) No payment for loss of office may be made by any person to a person who is, or has been, a director of a quoted company unless—
(a) the payment is consistent with the approved directors' remuneration policy, or
(b) the payment is approved by resolution of the members of the company.
(2) The approved directors' remuneration policy is the most recent remuneration policy to have been approved by a resolution passed by the members of the company in general meeting.
Sections 226B and 226C: supplementary
226D (1) A resolution approving a payment for the purposes of section 226B(1)(b) or 226C(1)(b) must not be passed unless a memorandum setting out particulars of the proposed payment (including its amount) is made available for inspection by the members of the company—
(a) at the company's registered office for not less than 15 days ending with the date of the meeting at which the resolution is to be considered, and
(b) at that meeting itself.
(2) The memorandum must explain the ways in which the payment is inconsistent with the approved directors' remuneration policy (within the meaning of the section in question).
(3) The company must ensure that the memorandum is made available on the company's website from the first day on which the memorandum is made available for inspection under subsection (1) until its next accounts meeting.
(4) Failure to comply with subsection (3) does not affect the validity of the meeting at which a resolution is passed approving a payment to which the memorandum relates or the validity of anything done at the meeting.
(5) Nothing in section 226B or 226C authorises the making of a remuneration payment or (as the case may be) a payment for loss of office in contravention of the articles of the company concerned.
(6) Nothing in section 226B or 226C applies in relation to a remuneration payment or (as the case may be) a payment for loss of office made to a person who is, or is to be or has been, a director of a quoted company before the earlier of—
(a) the end of the first financial year of the company to begin on or after the day on which it becomes a quoted company, and
(b) the date from which the company's first directors' remuneration policy to be approved under section 439A takes effect.
(7) In this section the “company's website” is the website on which the company makes material available under section 430.
Supplementary
Payments made without approval: civil consequences
226E (1) An obligation (however arising) to make a payment which would be in contravention of section 226B or 226C has no effect.
(2) If a payment is made in contravention of section 226B or 226C—
(a) it is held by the recipient on trust for the company or other person making the payment, and
(b) in the case of a payment by a company, any director who authorised the payment is jointly and severally liable to indemnify the company that made the payment for any loss resulting from it.
(3) If a payment for loss of office is made in contravention of section 226C to a director of a quoted company in connection with the transfer of the whole or any part of the undertaking or property of the company or a subsidiary of the company—
(a) subsection (2) does not apply, and
(b) the payment is held by the recipient on trust for the company whose undertaking or property is or is proposed to be transferred.
(4) If a payment for loss of office is made in contravention of section 226C to a director of a quoted company in connection with a transfer of shares in the company, or in a subsidiary of the company, resulting from a takeover bid—
(a) subsection (2) does not apply,
(b) the payment is held by the recipient on trust for persons who have sold their shares as a result of the offer made, and
(c) the expenses incurred by the recipient in distributing that sum amongst those persons shall be borne by the recipient and not retained out of that sum.
(5) If in proceedings against a director for the enforcement of a liability under subsection (2)(b)—
(a) the director shows that he or she has acted honestly and reasonably, and
(b) the court considers that, having regard to all the circumstances of the case, the director ought to be relieved of liability,
the court may relieve the director, either wholly or in part, from liability on such terms as the court thinks fit.
Relationship with requirements under Chapter 4
226F (1) This Chapter does not affect any requirement for approval by a resolution of the members of a company which applies in relation to the company under Chapter 4.
(2) Where the making of a payment to which section 226B or 226C applies requires approval by a resolution of the members of the company concerned under Chapter 4, approval obtained for the purposes of that Chapter is to be treated as satisfying the requirements of section 226B(1)(b) or (as the case may be) 226C(1)(b).
81 Payments to directors: minor and consequential amendments
(1) The Companies Act 2006 is amended as follows.
(2) In section 180 (consent, approval or authorisation by members)—
(a) in subsection (2), in the words before paragraph (a)—
(i) after “Chapter 4” insert “ or 4A ”, and
(ii) for “that Chapter” substitute “ either of those Chapters ”,
(b) in that subsection, in paragraph (a), for “that Chapter” substitute “ the Chapter concerned ”, and
(c) in subsection (3), after “Chapter 4” insert “ or 4A ”.
(3) In section 190 (substantial property transactions: requirement of members' approval), in subsection (6)(b), for the words in brackets substitute “ (payments to which the requirements of Chapter 4 or 4A apply) ”.
(4) In section 215 (payments for loss of office), after subsection (4) insert—
(5) Nothing in this section or sections 216 to 222 applies in relation to a payment for loss of office to a director of a quoted company other than a payment to which section 226C does not apply by virtue of section 226D(6).
(5) Section 430 (quoted companies: annual accounts and reports to be made available on website) is amended as follows.
(6) After subsection (2) insert—
(2A) If the directors' remuneration policy of a quoted company is revised in accordance with section 422A, the company must ensure that the revised policy is made available on the website on which its annual accounts and reports are made available.
(2B) If a person ceases to be a director of a quoted company, the company must ensure that the following information is made available on the website on which its annual accounts and reports are made available—
(a) the name of the person concerned,
(b) particulars of any remuneration payment (within the meaning of Chapter 4A of Part 10) made or to be made to the person after ceasing to be a director, including its amount and how it was calculated, and
(c) particulars of any payment for loss of office (within the meaning of that Chapter) made or to be made to the person, including its amount and how it was calculated.
(7) In subsection (3) —
(a) for “the annual accounts and reports on the website” substitute “ the material made available on the website under subsections (1) to (2B) ”, and
(b) for “the annual accounts and reports from” substitute “ such material from ”.
(8) After subsection (4) insert—
(4A) Where subsection (2A) or (2B) applies, the material in question—
(a) must be made available as soon as reasonably practicable, and
(b) must be kept available until the next directors' remuneration report of the company is made available on the website.
(9) In subsection (5)—
(a) in the words before paragraph (a), for the words from “the annual accounts and reports” to “that period” substitute “ material available on a website throughout the period mentioned in subsection (4) or (as the case may be) (4A) ”, and
(b) in paragraph (a) for “the annual accounts and reports are” substitute “ the material is ”.
(10) In section 440 (quoted companies: offences in connection with procedure for approval)—
(a) in subsection (1) —
(i) after “section 439(1)” insert “ or 439A(1) or (2) ”, and
(ii) in the words in brackets, after “report” insert “ or policy ”,
(b) in subsection (2), for “the accounts meeting” substitute “ the meeting to which it relates ”, and
(c) in subsection (5), omit the definition of “the accounts meeting”.
(11) In Schedule 8 (in the index of defined expressions), at the appropriate places insert—
directors' remuneration policy (in Chapter 4A of Part 10) | section 226A(1)
payment for loss of office (in Chapter 4A of Part 10) | section 226A(1)
remuneration payment (in Chapter 4A of Part 10) | section 226A(1)
.
(12) In that Schedule, after “quoted company”, insert—
— in Chapter 4A of Part 10 | section 226A(1)
.
(1) In relation to a company that is a quoted company immediately before the day on which section 79 of this Act comes into force, section 439A(1)(a) of the Companies Act 2006 (as inserted by section 79(4) of this Act) applies as if—
(a) the reference to the day on which the company becomes a quoted company were a reference to the day on which section 79 of this Act comes into force, and
(b) at the end of the paragraph (but before the “, and”) there were inserted “or at an earlier general meeting”.
(2) In relation to a company that is a quoted company immediately before the day on which section 79 of this Act comes into force, section 226D(6)(a) of the Companies Act 2006 (as inserted by section 80 of this Act) applies as if the reference to the day on which the company becomes a quoted company were a reference to the day on which section 79 of this Act comes into force.
(3) Chapter 4A of Part 10 of the Companies Act 2006 does not apply in relation to remuneration payments or payments for loss of office that are required to be made under an agreement entered into before 27 June 2012 or in consequence of any other obligation arising before that date.
(4) An agreement entered into, or any other obligation arising, before 27 June 2012 that is modified or renewed on or after that date is to be treated for the purposes of subsection (3) as having been entered into or (as the case may be) as having arisen on the date on which it was modified or renewed.
(5) The amendment made by section 81(4) does not apply in relation to a payment for loss of office to which subsection (3) of this section applies.
(1) The Secretary of State may by order require persons who engage in lettings agency work to be members of a redress scheme for dealing with complaints in connection with that work which is either—
(a) a redress scheme approved by the Secretary of State, or
(b) a government administered redress scheme.
(2) A “redress scheme” is a scheme which provides for complaints against members of the scheme to be investigated and determined by an independent person.
(3) A “government administered redress scheme” means a redress scheme which is—
(a) administered by or on behalf of the Secretary of State, and
(b) designated for the purposes of the order by the Secretary of State.
(4) The order may provide for the duty mentioned in subsection (1) to apply—
(a) only to specified descriptions of persons who engage in lettings agency work;
(b) only in relation to specified descriptions of such work.
(5) The order may also provide for the duty not to apply in relation to complaints of any specified description (which may be framed by reference to a description of person making a complaint).
(6) Before making the order, the Secretary of State must be satisfied that all persons who are to be subject to the duty will be eligible to join a redress scheme before the duty applies to them.
(7) In this section, “lettings agency work” means things done by any person in the course of a business in response to instructions received from—
(a) a person seeking to find another person wishing to rent a dwelling-house in England under a domestic tenancy and, having found such a person, to grant such a tenancy (“a prospective landlord”);
(b) a person seeking to find a dwelling-house in England to rent under a domestic tenancy and, having found such a dwelling-house, to obtain such a tenancy of it (“a prospective tenant”).
(8) However, “lettings agency work” does not include any of the following things when done by a person who does no other things falling within subsection (7)—
(a) publishing advertisements or disseminating information;
(b) providing a means by which—
(i) a prospective landlord or a prospective tenant can, in response to an advertisement or dissemination of information, make direct contact with a prospective tenant or (as the case may be) prospective landlord;
(ii) a prospective landlord and a prospective tenant can continue to communicate directly with each other.
(9) “Lettings agency work” also does not include —
(a) things done by a local authority;
(b) things of a description, or things done by a person of a description, specified for the purposes of this section in an order made by the Secretary of State.
(10) In subsection (7), “domestic tenancy” means—
(a) a tenancy which is an assured tenancy for the purposes of the Housing Act 1988 except where—
(i) the landlord is a private registered provider of social housing (as to which see section 80 of the Housing and Regeneration Act 2008), or
(ii) the tenancy is a long lease within the meaning given by section 84(10);
(b) a tenancy under which a dwelling-house is let as a separate dwelling and which is of a description specified for the purposes of this section in an order made by the Secretary of State.
(11) An order under subsection (10)(b) may not provide for any of the following to be a domestic tenancy—
(a) a tenancy where the landlord is a registered provider of social housing (as to which see section 80 of the Housing and Regeneration Act 2008);
(b) a long lease within the meaning given by section 84(10).
(1) The Secretary of State may by order require persons who engage in property management work to be members of a redress scheme for dealing with complaints in connection with that work which is either—
(a) a redress scheme approved by the Secretary of State, or
(b) a government administered redress scheme.
(2) “Redress scheme” and “government administered redress scheme” have the same meanings as in section 83.
(3) The order may provide for the duty mentioned in subsection (1) to apply—
(a) only to specified descriptions of persons who engage in property management work;
(b) only in relation to specified descriptions of such work.
(4) The order may also provide for the duty not to apply in relation to complaints of any specified description (which may be framed by reference to a description of person making a complaint).
(5) Before making the order, the Secretary of State must be satisfied that all persons who are to be subject to the duty will be eligible to join a redress scheme before the duty applies to them.
(6) In this section, “property management work” means things done by any person (“A”) in the course of a business in response to instructions received from another person (“C”) where—
(a) C wishes A to arrange services, repairs, maintenance, improvements or insurance or to deal with any other aspect of the management of premises in England on C's behalf, and
(b) the premises consist of or include a dwelling-house let under a relevant tenancy.
(7) However, “property management work” does not include—
(a) things done by a person who is a social landlord for the purposes of Schedule 2 to the Housing Act 1996;
(b) things of a description, or things done by a person of a description, specified for the purposes of this section in an order made by the Secretary of State.
(8) In subsection (6), “relevant tenancy” means—
(a) a tenancy which is an assured tenancy for the purposes of the Housing Act 1988;
(b) a tenancy which is a regulated tenancy for the purposes of the Rent Act 1977;
(c) a long lease other than one to which Part 2 of the Landlord and Tenant Act 1954 applies;
(d) a tenancy of a description specified for the purposes of this section in an order made by the Secretary of State.
(9) An order under subsection (8)(d) may not provide for a tenancy to which Part 2 of the Landlord and Tenant Act 1954 applies to be a relevant tenancy.
(10) In subsection (8)(c), “long lease” means a lease which is a long lease for the purposes of Chapter 1 of Part 1 of the Leasehold Reform, Housing and Urban Development Act 1993 or which, in the case of a shared ownership lease (within the meaning given by section 7(7) of that Act), would be such a lease if the tenant's total share (within the meaning given by that section) were 100 per cent.
(1) An order under section 83(1) or 84(1) may make provision —
(a) for sanctions to be imposed in respect of a breach of a requirement imposed by the order;
(b) for the investigation of suspected breaches of such a requirement.
(2) The sanctions for which provision may be made in the order are—
(a) the imposition of civil penalties;
(b) the making of orders prohibiting a person from engaging in lettings agency work or (as the case may be) property management work or from engaging in a particular description of such work;
(c) the creation of criminal offences in respect of breaches of orders mentioned in paragraph (b).
(3) Provision made for the imposition of a sanction by virtue of subsection (1)(a) must include—
(a) provision for appeals to a court or tribunal against the imposition of the sanction, and
(b) such other provision as the Secretary of State considers appropriate for safeguarding the interests of persons on whom the sanction may be imposed.
(4) Provision made by virtue of this section may confer functions on a person that exercises functions of a public nature.
(4A) A person on whom functions are conferred under subsection (4) must have regard to any guidance issued by the Secretary of State or the lead enforcement authority (if not the Secretary of State) relating to the enforcement of an order under section 83(1) or 84(1).
(5) The Secretary of State may make payments out of money provided by Parliament to a person on whom functions are conferred by virtue of this section.
(6) For provisions about enforcement of an order under section 83(1) or 84(1) by the lead enforcement authority, see sections 24 to 26 of the Tenant Fees Act 2019.
(7) In this section “lead enforcement authority” has the meaning given by section 24(1) of the Tenant Fees Act 2019.
87 Approval of redress schemes for the purposes of section 83 or 84
(1) The Secretary of State may by order make provision about the approval of redress schemes for the purposes of section 83 or 84, including provision as to—
(a) the making of applications for approval;
(b) conditions which must be satisfied before approval may be given;
(c) conditions which must be complied with by administrators of approved redress schemes;
(d) the withdrawal of approval.
(2) The order may make provision about the conditions which must be satisfied before a scheme administered by or on behalf of the Secretary of State may be designated for the purposes of section 83 or 84.
(1) The power to make an order under section 83, 84 or 87 includes power to make incidental, supplementary, consequential, transitional or saving provision, including doing so by amending any provision made by or under an Act.
(2) An order under any of those sections must be made by statutory instrument.
(3) A statutory instrument containing (whether alone or with other provision)—
(a) an order under section 83 or 84 which includes—
(i) provision by virtue of section 85, or
(ii) provision by virtue of subsection (1) of this section that amends an Act, or
(b) an order under section 87,
may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(4) A statutory instrument containing an order under section 83 or 84, other than one to which subsection (3) applies, is subject to annulment in pursuance of a resolution of either House of Parliament.
(5) Nothing in sections 83 to 87 prevents a redress scheme from providing—
(a) for membership to be open to persons who are not subject to the duty to be a member of a scheme;
(b) for the investigation and determination of any complaints in relation to which the duty does not apply, where the members concerned have voluntarily accepted the jurisdiction of the scheme over those complaints;
(c) for the exclusion from investigation and determination under the scheme of any complaint in such cases or circumstances as may be specified in or determined under the scheme.
92 Power to add to supplies protected under Insolvency Act 1986
(1) The Secretary of State may by order amend section 233 of the Insolvency Act 1986 so as to add to the supplies mentioned in subsection (3) of that section any of the following—
(a) a supply of gas, electricity, water or communication services by a specified description of person;
(b) a supply of a specified description of goods or services by a specified description of person where the supply is for the purpose of enabling or facilitating anything to be done by electronic means.
(2) The Secretary of State may by order amend section 372 of that Act of 1986 so as to add to the supplies mentioned in subsection (4) of that section any of the following—
(a) a supply of gas, electricity, water or communication services by a specified description of person;
(b) a supply of a specified description of goods or services by a specified description of person where the supply is for the purpose of enabling or facilitating anything to be done by electronic means.
(3) The power to make an order under this section includes power to make incidental, supplementary, consequential, transitional or saving provision, including doing so by amending any enactment.
(4) An order under this section must be made by statutory instrument.
(5) A statutory instrument containing an order under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(6) In this section—
“enactment” includes—
an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978),
an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament, and
an enactment contained in, or in an instrument made under, a Measure or Act of the National Assembly for Wales; and
“specified” means specified in the order.
93 Corporate insolvency: power to give further protection to essential supplies
(1) The Secretary of State may by order make provision for insolvency-related terms of a contract for the supply of essential goods or services to a company to cease to have effect where—
(a) the company enters administration or a voluntary arrangement under Part 1 of the Insolvency Act 1986 takes effect in relation to it, and
(b) any conditions specified in the order are met.
(2) The order must include provision for securing that, where an insolvency-related term of a contract ceases to have effect under the order, the contract may be terminated by the supplier if—
(a) an insolvency office-holder consents to the termination,
(b) a court grants permission for the termination, or
(c) any charges in respect of the supply that are incurred after the company enters administration or the voluntary arrangement takes effect are not paid within the period of 28 days beginning with the day on which payment is due.
(3) The order must include provision for securing that, where an insolvency-related term of a contract ceases to have effect under the order, the supplier may terminate the supply unless an insolvency office-holder personally guarantees the payment of any charges in respect of the continuation of the supply.
(4) The order may provide for exceptions to the right of a supplier to terminate a supply under provision made by virtue of subsection (3).
(5) The order must (in addition to the provision mentioned in subsections (2) and (3)) include such other provision as the Secretary of State considers appropriate for securing that the interests of suppliers are protected.
(6) A contract for the supply of essential goods or services is a contract for a supply mentioned in section 233(3) of the Insolvency Act 1986.
(7) An insolvency-related term of a contract for the supply of essential goods or services to a company is a provision of the contract under which—
(a) the contract or the supply would terminate, or any other thing would take place, because the company enters administration or the voluntary arrangement takes effect,
(b) the supplier would be entitled to terminate the contract or the supply, or to do any other thing, because the company enters administration or the voluntary arrangement takes effect, or
(c) the supplier would be entitled to terminate the contract or the supply because of an event that occurred before the company enters administration or the voluntary arrangement takes effect.
(8) In this section, “insolvency office-holder” means—
(a) in a case where a company enters administration, the administrator;
(b) in the case where a voluntary arrangement under Part 1 of the Insolvency Act 1986 takes effect in relation to a company, the supervisor of the voluntary arrangement.
94 Individual insolvency: power to give further protection to essential supplies
(1) The Secretary of State may by order make provision for insolvency-related terms of a contract for the supply of essential goods or services to an individual to cease to have effect where—
(a) a voluntary arrangement proposed by the individual is approved under Part 8 of the Insolvency Act 1986, and
(b) any conditions specified in the order are met.
(2) The order must include a condition that ensures that an insolvency-related term of a contract for the supply of essential goods or services to an individual does not cease to have effect unless the supply is for the purpose of a business that is or has been carried on by the individual or with which the individual has or had another connection of a kind specified in the order.
(3) The order must include provision for securing that, where an insolvency-related term of a contract ceases to have effect under the order, the contract may be terminated by the supplier if—
(a) the supervisor of the voluntary arrangement consents to the termination,
(b) a court grants permission for the termination, or
(c) any charges in respect of the supply that are incurred after the voluntary arrangement proposed by the individual is approved are not paid within the period of 28 days beginning with the day on which payment is due.
(4) The order must include provision for securing that, where an insolvency-related term of a contract ceases to have effect under the order, the supplier may terminate the supply unless the supervisor of the voluntary arrangement personally guarantees the payment of any charges in respect of the continuation of the supply.
(5) The order may provide for exceptions to the right of a supplier to terminate a supply under provision made by virtue of subsection (4).
(6) The order must (in addition to the provision mentioned in subsections (3) and (4)) include such other provision as the Secretary of State considers appropriate for securing that the interests of suppliers are protected.
(7) A contract for the supply of essential goods or services is a contract for a supply mentioned in section 372(4) of the Insolvency Act 1986.
(8) An insolvency-related term of a contract for the supply of essential goods or services to an individual is a provision of the contract under which—
(a) the contract or the supply would terminate, or any other thing would take place, because the voluntary arrangement proposed by the individual is approved,
(b) the supplier would be entitled to terminate the contract or the supply, or to do any other thing, because the voluntary arrangement proposed by the individual is approved, or
(c) the supplier would be entitled to terminate the contract or the supply because of an event that occurred before the voluntary arrangement proposed by the individual is approved.
(1) The power to make an order under section 93 or 94 includes—
(a) power to make different provision for different cases;
(b) power to provide for a person to exercise a discretion in a matter;
(c) power to make incidental, supplementary, consequential, transitional or saving provision;
(d) power to make any provision that may be made by the order by amending the Insolvency Act 1986 or any other enactment.
(2) An order under either of those sections may not be made so as to have effect in relation to contracts entered into before the order come into force.
(3) An order under either of those sections must be made by statutory instrument.
(4) A statutory instrument containing an order under either of those sections may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(5) In this section, “enactment” has the same meaning as in section 92.
96 Royal Charters: requirements for Parliamentary approval
Where a body is established by Royal Charter after 1 March 2013 with functions relating to the carrying on of an industry, no recommendation may be made to Her Majesty in Council to amend the body's Charter or dissolve the body unless any requirements included in the Charter on the date it is granted for Parliament to approve the amendment or dissolution have been met.
(1) Section 9(5) of the Equality Act 2010 is amended in accordance with subsections (2) to (4).
(2) Omit “may by order”.
(3) In paragraph (a) (power to provide for caste to be an aspect of race) at the beginning insert “ must by order ”.
(4) In paragraph (b) (power to provide for exceptions to apply or not to apply to caste) at the beginning insert “ may by order ”.
(5) A Minister of the Crown—
(a) may carry out a review of the effect of section 9(5) of the Equality Act 2010 (and orders made under it) and whether it remains appropriate, and
(b) must publish a report on the outcome of any such review.
(6) The power under subsection (5)(a) may not be exercised before the end of the period of 5 years beginning with the day on which this Act is passed (but may be exercised on more than one occasion after that).
(7) If a Minister of the Crown considers it appropriate in the light of the outcome of a review under subsection (5), the Minister may by order repeal or otherwise amend section 9(5) of the Equality Act 2010.
(8) The power to make an order under subsection (7) includes power to make incidental, supplementary, consequential, transitional or saving provision, including doing so by amending an Act or subordinate legislation (within the meaning of the Interpretation Act 1978).
(9) An order under subsection (7) must be made by statutory instrument.
(10) A statutory instrument containing an order under subsection (7) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(1) The Equality Act 2010 is amended as follows.
(2) After section 139 insert—
Equal pay audits
139A (1) Regulations may make provision requiring an employment tribunal to order the respondent to carry out an equal pay audit in any case where the tribunal finds that there has been an equal pay breach.
(2) An equal pay breach is—
(a) a breach of an equality clause, or
(b) a contravention in relation to pay of section 39(2), 49(6) or 50(6), so far as relating to sex discrimination.
(3) An equal pay audit is an audit designed to identify action to be taken to avoid equal pay breaches occurring or continuing.
(4) The regulations may make further provision about equal pay audits, including provision about—
(a) the content of an audit;
(b) the powers and duties of a tribunal for deciding whether its order has been complied with;
(c) any circumstances in which an audit may be required to be published or may be disclosed to any person.
(5) The regulations must provide for an equal pay audit not to be ordered where the tribunal considers that—
(a) an audit completed by the respondent in the previous 3 years meets requirements prescribed for this purpose,
(b) it is clear without an audit whether any action is required to avoid equal pay breaches occurring or continuing,
(c) the breach the tribunal has found gives no reason to think that there may be other breaches, or
(d) the disadvantages of an equal pay audit would outweigh its benefits.
(6) The regulations may provide for an employment tribunal to have power, where a person fails to comply with an order to carry out an equal pay audit, to order that person to pay a penalty to the Secretary of State of not more than an amount specified in the regulations.
(7) The regulations may provide for that power—
(a) to be exercisable in prescribed circumstances;
(b) to be exercisable more than once, if the failure to comply continues.
(8) The first regulations made by virtue of subsection (6) must not specify an amount of more than £5,000.
(9) Sums received by the Secretary of State under the regulations must be paid into the Consolidated Fund.
(10) The first regulations under this section must specify an exemption period during which the requirement to order an equal pay audit does not apply in the case of a business that—
(a) had fewer than 10 employees immediately before a specified time, or
(b) was begun as a new business in a specified period.
(11) For the purposes of subsection (10)—
(a) “specified” means specified in the regulations, and
(b) the number of employees a business had or the time when a business was begun as a new business is to be determined in accordance with the regulations.
(12) Before making regulations under this section, a Minister of the Crown must consult any other Minister of the Crown with responsibility for employment tribunals.
(3) In section 207(6) (exercise of power to make subordinate legislation: power to amend enactments) after “37,” and after “in the case of section” insert “ 139A, ”.
(4) In section 208(5) (subordinate legislation by Ministers of the Crown etc: affirmative procedure) after paragraph (e) insert—
(ea) regulations under section 139A (equal pay audits);
.
99 Consequential amendments, repeals and revocations
(1) The Secretary of State may by order made by statutory instrument make such provision as the Secretary of State considers appropriate in consequence of this Act.
(2) The power conferred by subsection (1) includes power—
(a) to make transitional, transitory or saving provision;
(b) to amend, repeal, revoke or otherwise modify any provision made by or under an enactment (including any enactment passed or made in the same Session as this Act).
(3) An order under subsection (1) which makes provision for the transfer of a function from the Competition Commission or the Office of Fair Trading to the Competition and Markets Authority in consequence of Part 3 of this Act may make such modifications to the function as the Secretary of State considers appropriate in consequence of the transfer.
(4) The modifications mentioned in subsection (3) may, in particular, alter the circumstances in which, or the conditions under which, the function is exercisable.
(5) A statutory instrument containing (whether alone or with other provision) an order under this section which amends, repeals or revokes any provision of primary legislation is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(6) A statutory instrument containing an order under this section which does not amend, repeal or revoke any provision of primary legislation is subject to annulment in pursuance of a resolution of either House of Parliament.
(7) In this section—
“enactment” includes an Act of the Scottish Parliament, a Measure or Act of the National Assembly for Wales and Northern Ireland legislation;
“primary legislation” means—
an Act of Parliament,
an Act of the Scottish Parliament,
a Measure or Act of the National Assembly for Wales, and
Northern Ireland legislation.
The Secretary of State may by order made by statutory instrument make such transitional, transitory or saving provision as the Secretary of State considers appropriate in connection with the coming into force of any provision of this Act.
There is to be paid out of money provided by Parliament—
(a) any expenditure incurred under or by virtue of this Act by the Secretary of State or the Competition and Markets Authority, and
(b) any increase attributable to this Act in the sums payable under any other Act out of money so provided.
(1) Part 1 extends to England and Wales, Scotland and Northern Ireland.
(2) Part 2 extends only to England and Wales and Scotland, except that the following provisions of that Part extend also to Northern Ireland—
(a) section 23(3);
(b) paragraph 11 of Schedule 1;
(c) paragraphs 36 to 39 of Schedule 2.
(3) Part 3 extends to England and Wales, Scotland and Northern Ireland, except as follows—
(a) paragraphs 15 to 44, 69 to 84 and 101 to 107 of Schedule 6 extend only to England and Wales and Scotland;
(b) paragraphs 52 to 68, 96, 108 to 123 and 127 to 139 of that Schedule extend only to England and Wales;
(c) paragraphs 9 to 14, 45 to 51, 171 to 180 and 192 to 209 of that Schedule extend only to Scotland;
(d) paragraphs 149 to 170 and 181 to 191 of that Schedule extend only to Northern Ireland.
(4) Part 4 extends to England and Wales, Scotland and Northern Ireland, except as follows—
(a) paragraphs 1 to 7 and 11 to 14 of Schedule 14 and paragraphs 2, 3, 7, 13 and 41 of Schedule 15, extend only to England and Wales and Scotland;
(b) paragraphs 8 to 10 and 20 to 22 of Schedule 14, and paragraphs 4 to 6 and 47 to 49 of Schedule 15, extend only to England and Wales;
(c) paragraphs 23 to 29 of Schedule 14, and paragraphs 53 to 55 of Schedule 15, extend only to Northern Ireland.
(5) Part 5 extends as follows—
(a) sections 59, 62, 67, 68 and 70 and Part 1 of Schedule 21 extend to England and Wales, Scotland and Northern Ireland,
(b) section 69 extends only to England and Wales and Scotland except that it also extends to Northern Ireland so far as Parts 1 and 4 of the Health and Safety at Work etc. Act 1974 extend there,
(c) sections 64, 65 and 66 and paragraphs 1, 56 to 58, 60 and 66 of Schedule 19 (and section 71(3) so far as it relates to those paragraphs) extend only to England and Wales and Scotland,
(d) sections 60, 61, 63, 71(1) and (2) and 72(1) to (3), Schedules 16, 17 and 18, paragraphs 2 to 55, 59, 61 to 65 of Schedule 19 (and section 71(3) so far as it relates to those paragraphs) and Parts 2 and 3 of Schedule 21 extend only to England and Wales, and
(e) an amendment, repeal or revocation made by Schedule 20 has the same extent as the provision amended, repealed or revoked, subject to subsection (6).
(6) The repeals of the following provisions in Schedule 20 extend to England and Wales only—
(a) section 67 of the Agriculture Act 1967,
(b) paragraph 32 of Schedule 2 to the Social Security (Consequential Provisions) Act 1975,
(c) paragraph 10 of Schedule 4 to the Social Security Pensions Act 1975,
(d) paragraph 12 of Schedule 17 to the Employment Protection Act 1975, and
(e) paragraph 4 of Schedule 2 to the Social Security (Consequential Provisions) Act 1992.
(7) If a provision repealed by Part 1 of Schedule 21 extends to the Isle of Man or any of the Channel Islands, Her Majesty may by Order in Council extend the repeal there.
(8) This Part extends to England and Wales, Scotland and Northern Ireland except that—
(a) sections 92, 93, 95, 97 and 98 extend only to England and Wales and Scotland;
(b) sections 83 to 88, 94 and 96 extend only to England and Wales.
(1) The following provisions come into force on the day on which this Act is passed—
(a) section 10;
(b) section 24;
(c) section 28;
(d) sections 52 and 53;
(e) section 59;
(f) sections 75 to 78 and Schedule 22;
(g) sections 92 to 96;
(h) sections 98 to 104;
(i) any other provision so far as is necessary for enabling the exercise on or after the day on which this Act is passed of any power (arising under or by virtue of that provision) to make provision by regulations, rules or order made by statutory instrument.
(2) The following provisions (so far as not already in force by virtue of subsection (1)(i)) come into force at the end of the period of 2 months beginning with the day on which this Act is passed—
(a) Part 1;
(b) sections 12, 13, 15, 17, 18, 20, 21 and 22;
(c) section 62;
(d) section 64;
(e) section 97;
(f) paragraphs 7 and 8 of Schedule 17 (and section 63 so far as it relates to them);
(g) Parts 1 and 2 of Schedule 21 (and section 73 so far as it relates to them).
(3) Except as provided by subsections (1) and (2), the provisions of this Act come into force on such day as the Secretary of State may by order made by statutory instrument appoint.
(4) An order under subsection (3) may appoint different days for different purposes.
SCHEDULE 1 Conciliation: minor and consequential amendments
Section 7(2)
Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)
1 In section 288 of the Trade Union and Labour Relations (Consolidation) Act 1992 (restriction on contracting out), in subsection (2), for “section 18” substitute “ any of sections 18A to 18C ”.
Employment Tribunals Act 1996 (c. 17)
2 The Employment Tribunals Act 1996 is amended as follows.
3 In section 7 (employment tribunal procedure regulations), in subsection (3ZA)(b), after “form” insert “ (including certificates issued under section 18A(4)) ”.
4 In section 7B (mediation), in subsection (5), for “the Advisory, Conciliation and Arbitration Service” substitute “ ACAS ”.
5 (1) Section 18 (conciliation) is amended as follows.
(2) At the end of the heading insert “ : relevant proceedings etc. ”
(3) In subsection (1), for the words before paragraph (a) substitute “ In this section and sections 18A to 18C “relevant proceedings” means employment tribunal proceedings— ”.
(4) In subsection (1)(b)—
(a) after “68” insert “ , 70B ”;
(b) after “Act 1992” insert “ or paragraph 156 of Schedule A1 to that Act ”.
(5) In subsection (1)(dd), for “20(1)(a)” substitute “ 19D(1)(a) ”.
(6) Omit subsection (1)(f) and (n).
(7) After subsection (1) insert—
(1A) Sections 18A and 18B apply in the case of matters which could be the subject of relevant proceedings, and section 18C applies in the case of relevant proceedings themselves.
(8) Omit subsections (2) to (5).
(9) In subsections (6) and (7), for “this section” substitute “ any of sections 18A to 18C ”.
6 After section 18B (inserted by section 7(1)) insert—
Conciliation after institution of proceedings
18C (1) Where an application instituting relevant proceedings has been presented to an employment tribunal, and a copy of it has been sent to a conciliation officer, the conciliation officer shall endeavour to promote a settlement—
(a) if requested to do so by the person by whom and the person against whom the proceedings are brought, or
(b) if, in the absence of any such request, the conciliation officer considers that the officer could act under this section with a reasonable prospect of success.
(2) Where a person who has presented a complaint to an employment tribunal under section 111 of the Employment Rights Act 1996 has ceased to be employed by the employer against whom the complaint was made, the conciliation officer may in particular—
(a) seek to promote the reinstatement or re-engagement of the complainant by the employer, or by a successor of the employer or by an associated employer, on terms appearing to the conciliation officer to be equitable, or
(b) where the complainant does not wish to be reinstated or re-engaged, or where reinstatement or re-engagement is not practicable, and the parties desire the conciliation officer to act, seek to promote agreement between them as to a sum by way of compensation to be paid by the employer to the complainant.
(3) In subsection (1) “settlement” means a settlement that brings proceedings to an end without their being determined by an employment tribunal.
7 In section 19A (conciliation: recovery of sums payable under compromises), in subsection (1)(a)(i), for “section 18” substitute “ any of sections 18A to 18C ”.
8 In section 40 (power to amend Act), in subsection (2), omit the words from “and to section 18” to the end.
9 In section 42 (interpretation), in subsection (1)—
(a) before the definition of “the Appeal Tribunal” insert—
“ACAS” means the Advisory, Conciliation and Arbitration Service,
;
(b) in the definition of “conciliation officer” for “the Advisory, Conciliation and Arbitration Service” substitute “ ACAS ”.
Employment Rights Act 1996 (c. 18)
10 In section 203 of the Employment Rights Act 1996 (restrictions on contracting out), in subsection (2)(e), for “section 18” substitute “ any of sections 18A to 18C ”.
National Minimum Wage Act 1998 (c. 39)
11 In section 49 of the National Minimum Wage Act 1998 (restrictions on contracting out), in subsection (2)(a), for “section 18” substitute “ any of sections 18A to 18C ”.
Employment Act 2008 (c. 24)
12 Section 5 of the Employment Act 2008 (which amends provisions repealed by paragraph 5(8)) is omitted.
Pensions Act 2008 (c. 30)
13 In section 58 of the Pensions Act 2008 (restrictions on agreements to limit operation of Part 1), in subsection (3), for “section 18” substitute “ any of sections 18A to 18C ”.
SCHEDULE 2 Extension of limitation periods to allow for conciliation
Section 8
Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)
1 The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows.
2 In section 66 (complaint of infringement of right under section 64), after subsection (2) insert—
(2A) Section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (2)(a).
3 In section 68A (complaint of infringement of right under section 68), after subsection (1) insert—
(1A) Section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (1)(a).
4 In section 70C (section 70B: complaint to employment tribunal), after subsection (2) insert—
(2A) Section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (2)(a).
5 In section 87 (complaint in respect of employer's failure under section 86), after subsection (2) insert—
(2A) Section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (2)(a).
6 In section 139 (time limit for proceedings under sections 137 and 138), after subsection (3) insert—
(4) Section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (1)(a).
7 (1) Section 145C (time limit for proceedings under sections 145A and 145B) is amended as follows.
(2) The existing text becomes subsection (1).
(3) After that subsection insert—
(2) Section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (1)(a).
8 In section 147 (time limit for proceedings under section 146), after subsection (3) insert—
(4) Section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (1)(a).
9 (1) Section 171 (time limit for proceedings under sections 168, 168A, 169 and 170) is amended as follows.
(2) The existing text becomes subsection (1).
(3) After that subsection insert—
(2) Section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (1)(a).
10 (1) Section 175 (time limit for proceedings under section 174) is amended as follows.
(2) The existing text becomes subsection (1).
(3) After that subsection insert—
(2) Section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (1)(a).
11 In section 189 (complaint: contravention of section 188), after subsection (5) insert—
(5A) Where the complaint concerns a failure to comply with a requirement of section 188, section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (5)(b).
12 In section 192 (complaint by employee to employment tribunal: contravention of section 190), after subsection (2) insert—
(2A) Section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (2)(a).
13 After section 292 insert—
Extension of time limits to facilitate conciliation before institution of proceedings
292A (1) This section applies where this Act provides for it to apply for the purposes of a provision of this Act (a “relevant provision”).
(2) In this section—
(a) Day A is the day on which the complainant concerned complies with the requirement in subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and
(b) Day B is the day on which the complainant concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section.
(3) In working out when a time limit set by a relevant provision expires the period beginning with the day after Day A and ending with Day B is not to be counted.
(4) If a time limit set by a relevant provision would (if not extended by this subsection) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period.
(5) Where an employment tribunal has power under this Act to extend a time limit set by a relevant provision, the power is exercisable in relation to the time limit as extended by this section.
14 In Schedule A1 (collective bargaining: recognition), in paragraph 157 (complaint to employment tribunal: contravention of paragraph 156), after sub-paragraph (3) insert—
(4) Section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of sub-paragraph (1)(a).
Employment Rights Act 1996 (c. 18)
15 The Employment Rights Act 1996 is amended as follows.
16 In section 11 (references to employment tribunals: contravention of section 8), after subsection (5) insert—
(6) Where the reference concerns compliance with section 8, section 207B (extension of time limits to facilitate conciliation before institution of proceedings) also applies for the purposes of subsection (4)(a).
17 In section 23 (complaints to employment tribunals: contravention of section 13, 15, 18(1) or 21(1)), in subsection (3A), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.
18 In section 34 (complaints to employment tribunals: contravention of section 28), in subsection (2A), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.
19 In section 48 (complaints to employment tribunals: contravention of Part 5), in subsection (4A), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.
20 In section 51 (complaints to employment tribunals: contravention of section 50), in subsection (2A), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.
21 In section 54 (complaints to employment tribunals: contravention of section 52 or 53), in subsection (2A), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.
22 In section 57 (complaints to employment tribunals: contravention of section 55 or 56), in subsection (2A), for the words from “applies” to the end substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply for the purposes of subsection (2)(a) ”.
23 In section 57ZC (complaint to employment tribunal: agency workers), after subsection (3) insert—
(3A) Section 207A(3) (extension because of mediation in certain European cross-border disputes) and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply for the purposes of subsection (3)(a).
24 In section 57B (complaint to employment tribunal: contravention of section 57A), in subsection (2A), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.
25 In section 60 (complaints to employment tribunals: contravention of section 58 or 59), in subsection (2A), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.
26 In section 63 (complaints to employment tribunals: contravention of section 61 or 62), in subsection (2A), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.
27 In section 63C (complaints to employment tribunals: contravention of section 63A or 63B), in subsection (2A), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.
28 In section 63I (complaints to employment tribunals: contravention of section 63F(4), (5) or (6) or 63I(1)(b)), in subsection (7), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.
29 In section 70 (complaints to employment tribunals: contravention of section 64, 67 or 68), in subsection (8), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.
30 In section 70A (complaints to employment tribunals: agency workers), after subsection (7) insert—
(7A) Section 207A(3) (extension because of mediation in certain European cross-border disputes) and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply for the purposes of subsections (2)(a) and (5)(a).
31 In section 80 (complaint to employment tribunal: parental leave), in subsection (2A), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.
32 In section 80H (complaints to employment tribunals: contravention of section 80G(1) or 80H(1)(b)), in subsection (7), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.
33 In section 111 (complaints to employment tribunal: contravention of section 92 or Part 10), in subsection (2A), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.
34 In section 164 (claims for redundancy payment: contravention of section 135), after subsection (4) insert—
(5) Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsections (1)(c) and (2).
35 After section 207A (extension of time limits because of mediation in certain cross-border disputes) insert—
Extension of time limits to facilitate conciliation before institution of proceedings
207B (1) This section applies where this Act provides for it to apply for the purposes of a provision of this Act (a “relevant provision”).
But it does not apply to a dispute that is (or so much of a dispute as is) a relevant dispute for the purposes of section 207A.
(2) In this section—
(a) Day A is the day on which the complainant or applicant concerned complies with the requirement in subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and
(b) Day B is the day on which the complainant or applicant concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section.
(3) In working out when a time limit set by a relevant provision expires the period beginning with the day after Day A and ending with Day B is not to be counted.
(4) If a time limit set by a relevant provision would (if not extended by this subsection) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period.
(5) Where an employment tribunal has power under this Act to extend a time limit set by a relevant provision, the power is exercisable in relation to the time limit as extended by this section.
National Minimum Wage Act 1998 (c. 39)
36 The National Minimum Wage Act 1998 is amended as follows.
37 In section 11 (failure of employer to allow access to records), after subsection (4) insert—
(4A) Where the complaint is presented to an employment tribunal in England and Wales or Scotland, section 11A applies for the purposes of subsection (3).
38 After section 11 insert—
Extension of time limit to facilitate conciliation before institution of proceedings
11A (1) In this section—
(a) Day A is the day on which the worker concerned complies with the requirement in subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and
(b) Day B is the day on which the worker concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section.
(2) In working out when the time limit set by section 11(3) expires the period beginning with the day after Day A and ending with Day B is not to be counted.
(3) If the time limit set by section 11(3) would (if not extended by this subsection) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period.
(4) The power conferred on the employment tribunal by subsection (4) of section 11 to extend the time limit set by subsection (3) of that section is exercisable in relation to that time limit as extended by this section.
39 In section 24 (enforcement of right under section 23), in subsection (2)(a), for “sections 48(2) to (4)” substitute “ sections 48(2) to (4A) ”.
Employment Relations Act 1999 (c. 26)
40 In section 11 of the Employment Relations Act 1999 (complaint to employment tribunal), after subsection (2) insert—
(2A) Section 207A(3) (extension because of mediation in certain European cross-border disputes) and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) of the Employment Rights Act 1996 apply for the purposes of subsection (2)(a).
(2B) Subsections (2) and (2A) are to be treated as provisions of the Employment Rights Act 1996 for the purposes of sections 207A and 207B of that Act.
Pensions Act 2008 (c. 30)
41 In section 56 of the Pensions Act 2008 (enforcement of right under section 55), in subsection (2), for “sections 48(2) to (4)” substitute “ sections 48(2) to (4A) ”.
Equality Act 2010 (c. 15)
42 The Equality Act 2010 is amended as follows.
43 In section 123 (time limits: proceedings under section 120), in subsection (1), for “section 140A” substitute “ sections 140A and 140B ”.
44 In section 129 (time limits: proceedings under section 127)—
(a) in subsection (3), for “section 140A” substitute “ sections 140A and 140B ”;
(b) in subsection (4), after “the period mentioned in the second column” insert “ , subject to section 140B ”.
45 After section 140A (extension of time limits because of mediation in certain cross-border disputes) insert—
Extension of time limits to facilitate conciliation before institution of proceedings
140B (1) This section applies where a time limit is set by section 123(1)(a) or 129(3) or (4).
But it does not apply to a dispute that is (or so much of a dispute as is) a relevant dispute for the purposes of section 140A.
(2) In this section—
(a) Day A is the day on which the complainant or applicant concerned complies with the requirement in subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and
(b) Day B is the day on which the complainant or applicant concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section.
(3) In working out when the time limit set by section 123(1)(a) or 129(3) or (4) expires the period beginning with the day after Day A and ending with Day B is not to be counted.
(4) If the time limit set by section 123(1)(a) or 129(3) or (4) would (if not extended by this subsection) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period.
(5) The power conferred on the employment tribunal by subsection (1)(b) of section 123 to extend the time limit set by subsection (1)(a) of that section is exercisable in relation to that time limit as extended by this section.
SCHEDULE 3 Financial penalties: minor and consequential amendments
Section 16(2)
Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)
1 In section 138 of the Trade Union and Labour Relations (Consolidation) Act 1992 (refusal of service of employment agency on grounds related to union membership), after subsection (2) insert—
(2A) Section 12A of the Employment Tribunals Act 1996 (financial penalties) applies in relation to a complaint under this section as it applies in relation to a claim involving an employer and a worker (reading references to an employer as references to the employment agency and references to a worker as references to the complainant).
Employment Tribunals Act 1996 (c. 17)
2 The Employment Tribunals Act 1996 is amended as follows.
3 Before section 13 insert— “ Costs etc, interest and enforcement ”.
4 (1) In section 41 (orders, regulations and rules), in subsection (2) (orders etc subject to affirmative resolution procedure), after “4(4) or (6D)” insert “ , 12A(12) ”.
(2) If this paragraph comes into force before section 11, sub-paragraph (1) has effect as if “4(4)” were substituted for “ 4(4) or (6D) ”.
Employment Rights Act 1996 (c. 18)
5 In section 201 of the Employment Rights Act 1996 (power to extend employment legislation to offshore employment), after subsection (3) insert—
(3A) Where an Order in Council under this section confers jurisdiction on an employment tribunal, the jurisdiction conferred includes power to make an order under section 12A of the Employment Tribunals Act 1996 (financial penalties), and that section applies accordingly.
Agency Workers Regulations 2010 (S.I. 2010/93)
6 In regulation 18 of the Agency Workers Regulations 2010 (complaints to employment tribunals etc), after paragraph (14) insert—
(14A) In relation to an infringement or breach for which a tribunal orders a respondent to pay compensation under paragraph (8)(b), the tribunal may order the respondent also to pay a penalty under section 12A of the Employment Tribunals Act 1996 only if the tribunal decides not to exercise the power under paragraph (14) to make an additional award of compensation against the respondent.
Section 25(4)
PART 1 General
Membership
1 (1) The CMA is to consist of—
(a) a person appointed by the Secretary of State to chair the CMA and the CMA Board (the “chair”), and
(b) other persons appointed by the Secretary of State as follows—
(i) persons appointed to membership of the CMA Board (see Part 2);
(ii) persons appointed to membership of the CMA panel (see Part 3);
(iii) persons appointed to membership of both the CMA Board and the CMA panel.
(iv) a person (the “OIM panel chair”) appointed to chair the Office for the Internal Market panel and to membership of the CMA Board;
(v) other persons appointed to membership of the Office for the Internal Market panel (“the OIM panel”) (see Part 3A).
(2) The Secretary of State must consult the chair before making an appointment under sub-paragraph (1)(b).
(2A) In making appointments under paragraphs (iv) and (v) of sub-paragraph (1)(b), the Secretary of State must have regard to the desirability of securing that—
(a) a variety of skills, knowledge and experience is available among the members of the OIM panel, and
(b) there is an appropriate balance among the members of that panel of persons who have skills, knowledge or experience relating to the operation of the United Kingdom internal market in different parts of the United Kingdom.
(2B) Before making an appointment under paragraph (iv) or (v) of sub-paragraph (1)(b), the Secretary of State must seek the consent of—
(a) the Scottish Ministers,
(b) the Welsh Ministers, and
(c) the Department for the Economy in Northern Ireland.
(2C) Sub-paragraph (2D) applies if consent to an appointment is not given by any of those authorities within the period of one month beginning with the day on which it is sought from that authority.
(2D) In that event the Secretary of State—
(a) may make the appointment without the consent of the authority or authorities concerned, and
(b) must, if the appointment is made, inform each authority which did not give consent of the reasons for the decision to proceed with the appointment.
(3) At least five of the members appointed under sub-paragraph (1)(b) must be appointed to membership of the CMA Board.
(4) At least one of the members appointed under sub-paragraph (1)(b) must be appointed to membership of the CMA Board and to membership of the CMA panel.
(5) Of the persons appointed to membership of the CMA Board under sub-paragraph (1)(b), no more than half may be members of staff of the CMA.
(6) In this Schedule, references to members of the CMA are to persons appointed under sub-paragraph (1).
(7) A person holding office as a member of the Competition Appeal Tribunal is ineligible for appointment under this paragraph.
Terms and conditions
2 (1) The members of the CMA are to hold and vacate office in accordance with the terms and conditions of their appointments.
(2) Those terms and conditions are to be determined by the Secretary of State.
Term of appointment
3 (1) Appointment to membership of the CMA Board under paragraph 1(1)(b) is to be for a term of not more than five years.
(2) Appointment to membership of the CMA panel under paragraph 1(1)(b) is to be for a term of not more than eight years.
(2A) Appointment to membership of the OIM panel under paragraph 1(1)(b) is to be for a term of not more than eight years.
(3) Appointment as the chair is to be for a term of not more than five years.
(4) Where at the beginning of a person's term of appointment to membership of the CMA panel the person has already begun (and continues) to hold office as a member of the OIM panel, the term of the person's appointment to membership of the CMA panel is to be treated for the purposes of sub-paragraph (2) as beginning when the person's term of appointment to membership of the OIM panel began.
(5) Where at the beginning of a person's term of appointment to membership of the OIM panel the person has already begun (and continues) to hold office as a member of the CMA panel, the term of the person's appointment to membership of the OIM panel is to be treated for the purposes of sub-paragraph (2A) as beginning when the person's term of appointment to membership of the CMA panel began.
Re-appointment
4 (1) A person who has been appointed to membership of the CMA panel may be re-appointed to membership of the CMA panel only for the purpose of continuing to act as a member of a group constituted under paragraph 36 before the expiry of his or her term of office.
(1A) A person who has been appointed to membership of the OIM panel may be re-appointed to membership of the OIM panel only for the purpose of continuing to act as a member of a group constituted under paragraph 58B before the expiry of the person's term of office.
(2) Subject to sub-paragraphs (1) and (1A), a person's previous appointment under paragraph 1 does not affect eligibility for a subsequent appointment under that paragraph.
Remuneration etc of members
5 (1) The CMA must pay to its members such remuneration, allowances and expenses as the Secretary of State may determine.
(2) The CMA must pay or make provision for the payment of such pension, allowances or gratuities as the Secretary of State may determine to or in respect of a current or former member.
(3) If a person ceases to hold an office to which he or she has been appointed under paragraph 1, and the Secretary of State decides that there are special circumstances which mean that the person should be compensated, the CMA must pay compensation to the person of such amount as the Secretary of State may determine.
Resignation
6 (1) The chair may at any time resign from membership of the CMA by giving written notice to this effect to the Secretary of State.
(2) A person who is a member of one, but not more than one, of the CMA Board, the CMA panel and the OIM panel, may at any time resign from membership of the CMA by giving written notice to this effect to the Secretary of State.
(3) A person who is a member of both the CMA Board and the CMA panel or both the CMA panel and the OIM panel may at any time, by giving written notice to this effect to the Secretary of State—
(a) resign from one of those memberships (without resigning from the other), or
(b) resign from membership of the CMA.
(4) The OIM panel chair may at any time resign from membership of the CMA by giving written notice to this effect to the Secretary of State (and may not resign from the OIM panel, or any other office to which the person is appointed by virtue of paragraph 1(1)(b)(iv), except in accordance with this sub-paragraph).
Termination of membership
7 The Secretary of State may at any time remove a person from office as a member of the CMA on any of the following grounds—
(a) incapacity;
(b) misbehaviour;
(c) failure to carry out his or her duties.
Status
8 The CMA is to perform its functions on behalf of the Crown.
Chief executive and other staff
9 (1) The CMA is to have a chief executive appointed by the Secretary of State (the “chief executive”).
(2) The chief executive may also be a member of the CMA, but must not be—
(a) the chair, ...
(b) a member of the CMA panel , or
(c) a member of the OIM panel.
(3) Before appointing the chief executive, the Secretary of State must consult the chair.
(4) The appointment—
(a) is to be for a term of not more than five years;
(b) subject to that, is to be on such terms and conditions as the Secretary of State considers fit.
(5) The chief executive holds that office as a member of the staff of the CMA.
(6) A previous appointment as chief executive does not affect a person's eligibility for re-appointment.
10 (1) The CMA may appoint other members of staff.
(2) A person appointed as a member of the CMA's staff under sub-paragraph (1) may also be a member of the CMA, but must not be—
(a) the chair, or
(b) a member of the CMA panel or the OIM panel.
(3) The following are to be determined by the CMA with the approval of the Minister for the Civil Service—
(a) the number of members of staff appointed under sub-paragraph (1);
(b) their conditions of service.
11 A person holding office as a member of the Competition Appeal Tribunal is ineligible for appointment under paragraph 9 or 10.
Annual plan
12 (1) The CMA must prepare an annual plan for each financial year.
(2) The plan must—
(a) set out the CMA's main objectives for the year and indicate the relative priorities of each of those objectives;
(b) provide a summary of the proposed allocation of the CMA's financial resources to the activities to be carried on in connection with those objectives.
(3) The CMA must arrange for the plan to be laid before —
(a) Parliament,
(b) the Scottish Parliament,
(c) Senedd Cymru, and
(d) the Northern Ireland Assembly
(4) The CMA must publish the plan, in whatever way it considers appropriate, before the start of the financial year in question.
13 (1) Before finalising an annual plan, the CMA must draw up proposals for it.
(2) The CMA must arrange for the proposals to be laid before —
(a) Parliament,
(b) the Scottish Parliament,
(c) Senedd Cymru, and
(d) the Northern Ireland Assembly
(3) The CMA must—
(a) publish the proposals in whatever way it considers appropriate, and
(b) make arrangements to consult with the public about them.
(4) Arrangements made under sub-paragraph (3)(b) may provide for consultation with the public to be effected in whatever way the CMA considers appropriate.
Performance report
14 (1) As soon as practicable after the end of each financial year, the CMA must prepare and send to the Secretary of State an annual report on its activities and performance during the year.
(2) The report must include—
(a) a survey of developments, during the year, in matters relating to the CMA's functions;
(b) an assessment of the extent to which the CMA's objectives for the year, as set out in the plan published under paragraph 12, have been met;
(c) a summary of the significant decisions, investigations or other activities made or carried out by the CMA during the year;
(d) a summary of the allocation of the CMA's financial resources to its various activities during the year;
(e) an assessment of the CMA's performance and practices, during the year, in relation to its enforcement functions.
(3) The CMA must—
(a) arrange for the report to be laid before —
(i) Parliament,
(ii) the Scottish Parliament,
(iii) Senedd Cymru, and
(iv) the Northern Ireland Assembly
(b) publish the report in whatever way it considers appropriate.
15 The CMA may—
(a) prepare other reports about matters relating to any of its functions;
(b) publish a report prepared under this paragraph.
Concurrency report
16 (1) As soon as practicable after the end of each financial year, the CMA must prepare a report containing an assessment of how the concurrency arrangements have operated during the year.
(2) The concurrency arrangements are the arrangements for co-operation between the CMA and the sectoral regulators in respect of functions which are exercisable concurrently by the CMA and one or more of the regulators under Part 1 of the Competition Act 1998 (the “1998 Act”) and Part 4 of the Enterprise Act 2002 (the “2002 Act”).
(3) The report must, in particular, include information about—
(a) the exercise during the year by the CMA of its functions under Part 1 of the 1998 Act or Part 4 of the 2002 Act in cases in which the functions are or were exercisable concurrently by one or more sectoral regulators,
(b) the exercise during the year by each sectoral regulator of its functions under Part 1 of the 1998 Act or Part 4 of the 2002 Act, and
(c) any decision made during the year by a sectoral regulator, in respect of a case in relation to which the regulator considers that its functions under Part 1 of the 1998 Act were exercisable, that it was more appropriate for it to proceed by exercising functions other than those it has under that Part of that Act.
(4) The CMA is not required to include information in a report under this paragraph if it considers that doing so would, or would be likely to, prejudice the exercise of any of the functions of the CMA or a sectoral regulator.
(5) In preparing a report under this paragraph, the CMA must consult each sectoral regulator.
(6) The CMA must publish a report prepared under this paragraph in whatever way it considers appropriate.
(7) Each of the following is a sectoral regulator—
(a) the Office of Communications;
(b) the Gas and Electricity Markets Authority;
(c) the Water Services Regulation Authority;
(d) the Office of Rail and Road ;
(e) the Northern Ireland Authority for Utility Regulation;
(f) the Civil Aviation Authority;
(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(h) the Payment Systems Regulator established under section 40 of the Financial Services (Banking Reform) Act 2013.
(i) the Financial Conduct Authority.
Documents
17 (1) The application of the CMA's seal must be authenticated by the signature of—
(a) a person who is a member of the CMA Board, or
(b) a person authorised (generally or specifically) for that purpose by the CMA.
(2) A document purporting to be duly executed under the CMA's seal or signed on its behalf—
(a) is to be received in evidence;
(b) is to be taken to be duly signed or sealed unless the contrary is shown.
(3) But this paragraph does not apply in relation to a document which is, or is to be, signed in accordance with the law of Scotland.
Membership of committees and sub-committees
18 (1) The members of a committee or sub-committee of the CMA may include persons who are not members of the CMA.
(2) A sub-committee may include persons who are not members of the committee that established it.
Additional powers
19 The CMA may—
(a) if so requested by the Secretary of State, represent the government of the United Kingdom in matters relating to international relations in any field connected to its functions, and
(b) promote good practice outside the United Kingdom in the carrying on of activities which may affect the economic interests of consumers in the United Kingdom.
20 (1) The CMA may do anything that is calculated to facilitate, or is conducive or incidental to, the performance of its functions.
(2) The power in sub-paragraph (1) is subject to any restrictions imposed by or under any enactment.
Public records
21 In Schedule 1 to the Public Records Act 1958 (definition of public records), in Part 2 of the Table at the end of paragraph 3, at the appropriate place insert— “ Competition and Markets Authority. ”
Parliamentary Commissioner
22 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation) at the appropriate place insert— “ Competition and Markets Authority. ”
Disqualification
23 In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) at the appropriate place insert— “ The Competition and Markets Authority. ”
24 In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified), at the appropriate place insert— “ The Competition and Markets Authority. ”
Freedom of information
25 In Part 1 of Schedule 1 to the Freedom of Information Act 2000 (definition of public authority: general)—
(a) in paragraph 1 after “other than” insert
—
(a) the Competition and Markets Authority,
(b)
;
(b) after paragraph 1 insert—
1ZA The Competition and Markets Authority, in respect of information held otherwise than as a tribunal.
Equality
26 In Part 1 of Schedule 19 to the Equality Act 2010 (public authorities: general), under the heading “Industry, business, finance etc” at the appropriate place insert— “ The Competition and Markets Authority. ”
PART 2 The CMA Board
Membership
27 The CMA Board is to consist of—
(a) the chair;
(b) the members appointed under paragraph 1(1)(b) to membership of the CMA Board.
Functions
28 Except where otherwise provided by or under any enactment, the functions of the CMA are exercisable by the CMA Board on behalf of the CMA.
Delegation
29 (1) Anything that the CMA Board is required or permitted to do (including conferring authorisation under this sub-paragraph) may be done by—
(a) a member of the CMA Board, or a member of staff of the CMA, who has been authorised for that purpose by the CMA Board, whether generally or specifically;
(b) a committee or sub-committee of the CMA Board that has been so authorised.
(2) Sub-paragraph (1) does not apply to the functions of deciding—
(a) whether the duty to publish a market study notice under section 130A of the Enterprise Act 2002 applies;
(b) whether to propose to make, or to make, a reference under section 131 of that Act;
(c) for the purposes of the requirement imposed by section 131A(2)(b) of that Act, whether the CMA is proposing to make a decision as to whether to make a reference under section 131 of that Act in a way that is likely to have a substantial impact on the interests of any person;
(d) whether section 140A of that Act applies in respect of a particular case;
(e) whether to accept an undertaking in lieu of a reference under section 154A of that Act, or to vary or supersede or release an undertaking under that section;
(f) for the purposes of the requirement imposed by section 169(2) of that Act, whether the CMA is proposing to make a decision to make a reference under section 131 of that Act in a way that is likely to have a substantial impact on the interests of any person.
(g) whether to begin an initial SMS investigation under section 9 of the Digital Markets, Competition and Consumers Act 2024 (“the 2024 Act”);
(h) whether to begin a further SMS investigation under section 10 of the 2024 Act;
(i) whether to begin a PCI investigation under section 47 of the 2024 Act.
(2A) Sub-paragraph (1)(a) does not apply to the functions of deciding—
(a) whether to make a designation under section 2 of the 2024 Act;
(b) what, if any, provision to make in reliance on section 17 of the 2024 Act;
(c) whether to impose a conduct requirement under section 19 of the 2024 Act;
(d) whether to revoke a conduct requirement under section 22 of the 2024 Act;
(e) whether to make, and the form of, an enforcement order, other than an interim enforcement order, under section 31 of the 2024 Act;
(f) whether to accept a commitment under section 36 or section 56 of the 2024 Act;
(g) whether to exercise the power conferred by section 38(1) of the 2024 Act (power to adopt final offer mechanism);
(h) whether to make, and the form of, a pro-competition intervention under section 46 of the 2024 Act;
(i) the contents of a notice under section 50 of the 2024 Act (notice of decision on pro-competition intervention);
(j) whether to replace a pro-competition order under section 52 of the 2024 Act;
(k) whether to revoke a pro-competition order under section 53 of the 2024 Act.
(l) whether to impose a penalty on a person under section 85 or section 87 of the 2024 Act;
(m) the amount of any such penalty.
(2B) A committee or sub-committee of the CMA Board may not be authorised to carry out any of the functions listed in sub-paragraph (2A) unless—
(a) the committee or sub-committee includes—
(i) at least two members of the Board who are not members of the CMA’s staff, or
(ii) the chair and at least one member of the Board who is not a member of the CMA’s staff, and
(b) at least half of the members of the committee or sub-committee are—
(i) members of the Board who are not members of the CMA’s staff, or
(ii) members of the CMA panel.
(3) Sub-paragraph (1)(b) does not apply to a committee or sub-committee whose members include any person who is not a member of the CMA or of its staff.
(4) The Secretary of State may by regulations made by statutory instrument amend sub-paragraphs (2) or (2A) so as to add or remove functions of the CMA under Part 1 of the 2024 Act.
(5) The regulations may make incidental, transitional or saving provision.
(6) A statutory instrument containing regulations under sub-paragraph (4) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
30 Paragraph 29(1) is subject to provision in rules made under section 51 of the Competition Act 1998, by virtue of paragraph 1A of Schedule 9 to that Act, in respect of the exercise of a function of the CMA under Part 1 of that Act.
Proceedings
31 (1) The CMA Board may regulate its own proceedings.
(2) The CMA Board must consult the Secretary of State before making or revising rules and procedures, under sub-paragraph (1), for dealing with—
(a) conflicts of interest, or
(b) quorum.
Validity
32 The validity of anything done by the CMA Board is not affected by—
(a) a vacancy;
(b) a defective appointment.
Reference of matter to the chair
33 (1) This paragraph applies where the CMA Board is to consider whether a matter should be referred to the chair for the constitution of a group under this Schedule.
(2) Before the CMA Board considers whether to refer the matter to the chair, the chair must determine whether a person who is a member of the CMA Board might reasonably be expected to be a member of a group constituted in connection with the matter.
(3) If the chair determines that a person who is a member of the CMA Board might reasonably be expected to be a member of such a group, that person is not to participate in the CMA Board's consideration of whether to refer the matter to the chair.
PART 3 The CMA panel
The CMA panel
34 The CMA panel is a panel of persons available for selection as members of a group constituted in accordance with this Part of this Schedule.
Membership of CMA panel
35 (1) The CMA panel is to consist of—
(a) at least one person (a “news media panel member”) appointed to the CMA panel under paragraph 1(1)(b) for the purpose of being available for selection as a member of a group constituted to carry out functions on behalf of the CMA with respect to a news media merger reference (a “news media merger reference group”);
(b) at least three persons (“specialist communications panel members”) appointed to the CMA panel under paragraph 1(1)(b) for the purpose of being available for selection as members of a group constituted to carry out functions on behalf of the CMA with respect to a specialist communications reference (a “specialist communications reference group”);
(c) at least six persons (“specialist utility panel members”) appointed to the CMA panel under paragraph 1(1)(b) for the purpose of being available for selection as members of a group constituted to carry out specialist utility functions on behalf of the CMA (a “specialist utility group”);
(ca) at least one person (a “payment systems panel member”) appointed to the CMA panel under paragraph 1(1)(b) for the purpose of being available for selection as a member of a group constituted to carry out functions on behalf of the CMA with respect to an appeal made in accordance with section 79 of the Financial Services (Banking Reform) Act 2013 (a “specialist payment systems group”);
(d) at least one person (a “reporting panel member”) appointed to the CMA panel under paragraph 1(1)(b) for the purpose of being available for selection as a member of any group constituted to carry out functions on behalf of the CMA;
(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) A person who is appointed to the CMA panel as a member of a kind mentioned in one of paragraphs (a) to (d) of sub-paragraph (1) may also be appointed as a member of one or more of the other kinds mentioned in those paragraphs.
(3) For the purposes of this paragraph and paragraph 38—
a “news media merger reference” is—
a reference under section 45 of the Enterprise Act 2002 that specifies a news media public interest consideration (within the meaning of paragraph 20A of Schedule 8 to that Act);
a reference under section 62 of that Act that specifies a consideration specified in section 58(2A) or (2B) of that Act;
a “specialist communications reference” is a reference under section 193 of the Communications Act 2003;
“specialist utility functions” are functions with respect to—
an appeal under section 23B, or a reference under section 41E, of the Gas Act 1986;
an appeal under section 11C, or a reference under section 56C, of the Electricity Act 1989;
an appeal under section 20 of the Energy Act 2023;
a reference under section 12, 14 or 17K of the Water Industry Act 1991;
an appeal under section 12D of that Act;
the giving of a direction or the making of modifications under section 16A or 17P of that Act;
a reference under section 68B or 68C of the Enterprise Act 2002;
an appeal under article 14B of the Electricity (Northern Ireland) Order 1992 (SI 1992/231 (NI 1));
an appeal under article 14B of the Gas (Northern Ireland) Order 1996 (SI 1996/275 (NI 2));
an appeal under section 173 of the Energy Act 2004;
an appeal under regulation 4 of the Water Industry Designated Codes (Appeals to the Competition and Markets Authority) Regulations 2017 (SI 2017/447);
a reference under article 3 of the Water Services etc (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 (SI 2005/3172);
the giving of a direction or the making of modifications under article 9 of that Order.
Constitution of CMA groups
36 Where the chair is, by or under any enactment, required to constitute a group under this Schedule (a “CMA group”), the chair must constitute the group in accordance with this Part of this Schedule.
Membership of CMA groups
37 (1) The members of a CMA group are to be selected by the chair.
(2) In selecting the members of a CMA group, the chair must comply with any requirements imposed by or under any enactment.
(3) Subject to that, paragraph 38 has effect for the purposes of the membership of a CMA group.
38 (1) Each CMA group is to consist of at least three members of the CMA panel.
(2) Subject to sub-paragraphs (3) to (6), those members are to be such persons as the chair may select.
(3) In the case of a news media merger reference group—
(a) the group must include at least one news media panel member;
(b) the members of the group (if any) who are not news media panel members must be reporting panel members.
(4) In the case of a specialist communications reference group, the group must include at least one, but not more than three, of the specialist communications panel members.
(5) In the case of a specialist utility group, the group must include at least one of the specialist utility panel members.
(5A) In the case of a specialist payment systems group, the group must include at least one payment systems member.
(6) A news media panel member is not to be selected as a member of a CMA group that is not a news media merger reference group.
(7) The chair may at any time appoint a reporting panel member to be an additional member of a CMA group.
(8) The chair must appoint one of the members of a CMA group to chair the group (the “group chair”).
39 The validity of anything done by a CMA group is not affected by—
(a) a vacancy;
(b) a defective appointment.
Termination of person's membership of a CMA group
40 A member of the CMA panel may at any time resign from a CMA group by giving written notice to this effect to the chair.
41 (1) Sub-paragraph (2) applies if the chair considers that—
(a) a member of a CMA group will be unable, for a substantial period, to perform his or her duties as a member of the group, or
(b) because of a particular interest of a member of a CMA group, it is inappropriate for him or her to remain a member of the group.
(2) The chair may remove the person in question from membership of the group.
42 A person ceases to be a member of a CMA group on ceasing to be a member of the CMA panel.
Replacement of a member of a CMA group
43 (1) Sub-paragraph (2) applies if a person ceases to be a member of a CMA group, whether by being removed under paragraph 41, or otherwise.
(2) The chair may select a replacement member of the group from the CMA panel.
Continuity on removal or replacement
44 (1) A person's ceasing to be a member of a CMA group, whether by being removed under paragraph 41, or otherwise, does not prevent—
(a) the group from continuing with anything begun before the person ceased to be a member of it;
(b) any decision made or direction given by the person while a member of the group from having effect after he or she has ceased to be a member of the group.
(2) Sub-paragraph (1)—
(a) applies whether or not a replacement member of the group is selected under paragraph 43;
(b) does not affect any requirements imposed by or under any enactment with respect to the constitution of a CMA group.
Attendance of other members
45 (1) At the invitation of the group chair of a CMA group, any reporting panel member who is not a member of the group may attend its meetings or otherwise take part in its proceedings.
(2) But a person attending in response to such an invitation may not—
(a) vote in any proceedings of the group, or
(b) have a statement of his or her dissent from a conclusion of the group included in a report made by the group.
(3) Nothing in sub-paragraph (1) is to be taken to prevent a CMA group from consulting any member of the CMA panel with respect to any matter or question with which the group is concerned.
Powers of chair pending group's constitution and first meeting
46 (1) While a CMA group is being constituted, the chair may take such steps as he or she considers appropriate to facilitate the work of the group once it has been constituted.
(2) The steps taken must be steps that it would be within the power of the group to take, had it already been constituted.
47 (1) The chair may, on behalf of the CMA, exercise the power conferred by section 37(1), 48(1) or 64(1) of the Enterprise Act 2002 in respect of the reference of a matter—
(a) while a CMA group is being constituted in connection with the reference;
(b) after a CMA group has been so constituted, but before it has held its first meeting.
(2) Sections 34C, 46D and 62A of the Enterprise Act 2002 have effect subject to sub-paragraph (1).
Performance of functions of chair with respect to constitution etc of CMA group
48 (1) A function of the chair that is specified in sub-paragraph (4) may, with the consent of the CMA Board, be exercised on behalf of the chair by—
(a) a person who is a member of both the CMA panel and the CMA Board, or
(b) a member of the CMA panel designated by the Secretary of State (whether generally or specifically) for the purposes of this paragraph.
(2) The consent referred to in sub-paragraph (1) must specify the identity of the person by whom a function of the chair is to be exercised.
(3) It may be given—
(a) by reference generally to functions specified in sub-paragraph (4);
(b) by reference to specific functions, or functions of a particular description;
(c) by reference generally to CMA groups;
(d) by reference to specific matters or specific CMA groups, or by reference to matters or CMA groups of a particular description.
(4) The functions are—
(a) the chair's functions under paragraph 33 and under this Part of this Schedule;
(b) the chair's functions by or under any other enactment in respect of the constitution of a CMA group;
(c) the chair's functions under—
(i) Schedule 4A to the Gas Act 1986;
(ii) Schedule 5A to the Electricity Act 1989;
(iia) Schedule 5A to the Electricity (Northern Ireland) Order 1992 (SI 1992/231 (NI 1));
(iib) Schedule 3A to the Gas (Northern Ireland) Order 1996 (SI 1996/275 (NI2));
(iic) Schedule A1 to the Transport Act 2000;
(iii) Schedule 22 to the Energy Act 2004;
(iv) Schedule 2 to the Civil Aviation Act 2012.
(v) Schedule 5 to the Financial Services (Banking Reform) Act 2013.
(vi) the Water Industry Designated Codes (Appeals to the Competition and Markets Authority) Regulations 2017 (SI 2017/447).
Independence of groups
49 (1) In making decisions that they are required or permitted to make by virtue of any enactment, CMA groups must act independently of the CMA Board.
(2) Nothing in sub-paragraph (1) prevents—
(a) the CMA Board from giving information in its possession to a CMA group, or
(b) a CMA group giving information in its possession to the CMA Board.
Casting votes
50 If a CMA group's vote on any decision is tied, the group chair is to have a casting vote.
Requirement to make rules of procedure for certain groups
51 (1) The CMA Board must make rules of procedure for merger reference groups, market reference groups, and special reference groups.
(2) Those rules are subject to any provision made by or under any enactment in respect of the procedure of a CMA group.
(3) Before making rules under this paragraph, the CMA Board must consult such persons as it considers appropriate.
(4) The CMA Board must publish rules made under this paragraph in whatever manner it considers appropriate for bringing them to the attention of those likely to be affected by them.
(5) Subject to rules made under this paragraph, and to any provision made by or under any enactment, a CMA group of a type referred to in sub-paragraph (1) may determine its own procedure.
(6) In this paragraph and paragraph 53—
(a) “market reference group” means a CMA group constituted in connection with a reference under section 131, 132 or 140A of the Enterprise Act 2002;
(b) “merger reference group” means a CMA group constituted in connection with a reference under section 32 of the Water Industry Act 1991 or section 22, 33, 45, or 62 of the Enterprise Act 2002;
(c) “special reference group” means a CMA group constituted in connection with a reference under—
(i) section 11 of the Competition Act 1980;
(ii) section 41E of the Gas Act 1986;
(iii) section 56C of the Electricity Act 1989;
(iv) section 12, 14 or 17K of the Water Industry Act 1991;
(v) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(vi) section 13 of, or Schedule 4A to, the Railways Act 1993;
(vii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(viii) section 12 of the Transport Act 2000;
(ix) section 193 of the Communications Act 2003;
(x) article 3 of the Water Services etc (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 (SI 2005/3172).
52 (1) In determining how to proceed in accordance with rules made for it by the CMA Board under paragraph 51(1), and in determining its own procedure under paragraph 51(5), a group must have regard to any guidance issued by the CMA Board.
(2) Before issuing guidance for the purposes of this paragraph, or amending or revoking it, the CMA Board must consult such persons as it considers appropriate.
53 (1) Rules made under paragraph 51 may—
(a) make different provision for different cases or different purposes;
(b) be varied or revoked by rules subsequently made under that paragraph.
(2) They may in particular make provision—
(a) for particular stages of a merger investigation, market investigation, or special investigation to be dealt with in accordance with a timetable and for revision of that timetable;
(b) as to the documents and information that must be given to a relevant group in connection with a merger investigation, market investigation or special investigation;
(c) as to the documents and information that a relevant group must give to other persons in connection with such an investigation.
(3) Rules making provision as described in sub-paragraph (2)(a) or (2)(b) may, in particular, permit or require a relevant group to disregard documents or information given after a particular date.
(4) Rules making provision as described in sub-paragraph (2)(c) may in particular make provision for the notification or publication of, and for consultation about, provisional findings of a relevant group.
(5) Rules made under paragraph 51 may make provision as to the quorum of relevant groups.
(6) They may make provision—
(a) as to the extent (if any) to which persons interested or claiming to be interested in a matter under consideration that is specified or described in the rules are allowed—
(i) to be present before or heard by a relevant group, either by themselves or by their representatives;
(ii) to cross-examine witnesses;
(iii) otherwise to take part;
(b) as to the extent (if any) to which sittings of a relevant group are to be held in public;
(c) generally in connection with any matters permitted by rules making provision as described in paragraph (a) or (b) (including, in particular, provision for a record of any hearings).
(7) Rules made under paragraph 51 may make provision for—
(a) the notification or publication of information relating to merger investigations, market investigations or special investigations;
(b) consultation about such investigations.
(8) Rules made under paragraph 51 for market reference groups may make provision as to the involvement of any public interest expert in the market investigation in connection with the reference under section 140A of the Enterprise Act 2002 in relation to which the expert was appointed.
(9) For the purposes of this paragraph—
“market investigation” means an investigation carried out by a market reference group in connection with a reference under section 131, 132 or 140A of the Enterprise Act 2002;
“merger investigation” means an investigation carried out by a merger reference group in connection with a reference under section 32 of the Water Industry Act 1991 or section 22, 33, 45, or 62 of the Enterprise Act 2002;
“public interest expert” means a person appointed under section 141B of the Enterprise Act 2002 in relation to a reference under section 140A(6) of that Act;
“relevant group” means a market reference group, a merger reference group, or a special reference group;
“special investigation” means an investigation carried out by a special reference group in connection with a provision listed in paragraph 51(6)(c).
Procedure of other CMA groups
54 (1) Subject to any special or general directions given by the Secretary of State, and to any provision made by or under any enactment, a CMA group that is not a group of a type referred to in paragraph 51(1) may determine its own procedure.
(2) It may, in particular, determine its quorum, and determine—
(a) the extent (if any) to which persons interested or claiming to be interested in a matter under consideration are allowed—
(i) to be present before or heard by it, either by themselves or by their representatives;
(ii) to cross-examine witnesses;
(iii) otherwise to take part;
(b) the extent (if any) to which its sittings are to be held in public.
(3) In determining its procedure under sub-paragraph (1), a CMA group must have regard to any guidance issued by the CMA Board.
CMA group decision: requirement for two thirds majority
55 For the purposes of paragraphs 56 to 58, a “qualifying majority decision” is a decision made by a CMA group which is that of at least two-thirds of the members of the group.
56 (1) This paragraph applies for the purposes of Part 3 of the Enterprise Act 2002.
(2) Where a decision of a CMA group under section 35(1) or 36(1) of that Act that there is an anti-competitive outcome is not a qualifying majority decision, it is to be treated as a decision under that section that there is not an anti-competitive outcome.
(2A) Sub-paragraph (2B) applies where a decision of a CMA group under section 35(1) or 36(1) of that Act (as applied by section 68F of, and Schedule 5A to, that Act) that there is, or is likely to be, prejudice of the kind described in section 68B(1)(b) or 68C(1)(b) of that Act is not a qualifying majority decision.
(2B) The decision of the CMA group is to be treated as a decision under section 35(1) or, as the case may be, section 36(1) of that Act (as applied by section 68F of, and Schedule 5A to, that Act) that there is not, or is not likely to be, prejudice of that kind.
(3) Where a decision of a CMA group under section 47 of that Act is not a qualifying majority decision—
(a) in the case of a decision that a relevant merger situation has been created, it is to be treated as a decision under section 47 that no such situation has been created;
(b) in the case of a decision that the creation of a relevant merger situation has resulted, or may be expected to result, in a substantial lessening of competition within any market or markets in the United Kingdom for goods and services, it is to be treated as a decision under section 47 that the creation of that situation has not resulted, or may be expected not to result, in such a substantial lessening of competition;
(c) in the case of a decision that arrangements are in progress or in contemplation which, if carried into effect, will result in the creation of a relevant merger situation, it is to be treated as a decision under section 47 that no such arrangements are in progress or in contemplation;
(d) in the case of a decision that the creation of such a situation as is mentioned in paragraph (c) may be expected to result in a substantial lessening of competition within any market or markets in the United Kingdom for goods and services, it is to be treated as a decision under section 47 that the creation of that situation may be expected not to result in such a substantial lessening of competition.
(4) Where a decision of a CMA group under section 63 of that Act is not a qualifying majority decision—
(a) in the case of a decision that a special merger situation has been created, it is to be treated as a decision under section 63 that no such situation has been created;
(b) in the case of a decision that arrangements are in progress or in contemplation which, if carried into effect, will result in the creation of a special merger situation, it is to be treated as a decision under section 63 that no such arrangements are in progress or in contemplation.
(5) Expressions used in this paragraph are to be construed in accordance with Part 3 of the Enterprise Act 2002.
57 (1) This paragraph applies for the purposes of Part 4 of the Enterprise Act 2002.
(2) Where a decision under section 134, 141 or 141A of that Act is not a qualifying majority decision—
(a) in the case of a decision on an ordinary reference that a feature or combination of features of a relevant market prevents, restricts or distorts competition in connection with the supply or acquisition of any goods or services in the United Kingdom or a part of the United Kingdom, it is to be treated as a decision that the feature or (as the case may be) combination of features of that relevant market does not prevent, restrict or distort such competition;
(b) in the case of a decision on a cross-market reference that a feature or a combination of the features specified in the reference, as that feature or combination of features relates to goods or services of one or more than one of the descriptions so specified, prevents, restricts or distorts competition in connection with the supply or acquisition of any goods or services in the United Kingdom or a part of the United Kingdom, it is to be treated as a decision that that feature or (as the case may be) combination of features as it relates to goods or services of those descriptions does not prevent, restrict or distort such competition.
(3) Accordingly, a CMA group is to be treated as having decided under section 134, 141 or 141A that there is no adverse effect on competition in relation to an ordinary reference or a cross-market reference if—
(a) one or more than one decision of the group, in relation to the reference, is to be treated as mentioned in sub-paragraph (2)(a) or (as the case may be) (b), and
(b) there is, in relation to the reference, no other relevant decision of the group.
(4) “Relevant decision”, in sub-paragraph (3)(b), means—
(a) in relation to an ordinary reference, a decision that is not to be treated as mentioned in sub-paragraph (2)(a), and which is that a feature or combination of features of a relevant market prevents, restricts or distorts competition in connection with the supply or acquisition of any goods or services in the United Kingdom or a part of the United Kingdom;
(b) in relation to a cross-market reference, a decision that is not to be treated as mentioned in sub-paragraph (2)(b), and which is that a feature or a combination of the features specified in the reference, as that feature or combination of features relates to goods or services of one or more than one of the descriptions so specified, prevents, restricts or distorts competition in connection with the supply or acquisition of any goods or services in the United Kingdom or a part of the United Kingdom.
(5) Where a decision of a CMA group under section 141A of that Act is not a qualifying majority decision, in the case of a decision under section 141A(4) that the feature or combination of features in question operates or may be expected to operate against the public interest, it is to be treated as a decision under section 141A that the feature or combination of features in question does not operate nor may be expected to operate against the public interest.
(6) Expressions used in this paragraph are to be construed in accordance with Part 4 of the Enterprise Act 2002.
58 A decision made by a CMA group is also subject to any other provision made by or under any enactment about decisions that are not qualifying majority decisions.
PART 3A The OIM panel
The OIM panel
58A (1) The OIM panel is a panel of persons available for selection as members of a group constituted in accordance with this Part of this Schedule.
(2) The OIM panel is to consist of—
(a) the OIM panel chair appointed under paragraph 1(1)(b)(iv), and
(b) the other members of the panel appointed under paragraph 1(1)(b)(v).
Constitution of OIM task groups
58B (1) The OIM panel chair may at any time constitute a group in accordance with this Part of this Schedule for the purpose of carrying out on the CMA's behalf functions of the CMA under Part 4 of the United Kingdom Internal Market Act 2020.
(2) A group constituted as mentioned in sub-paragraph (1) is to be known as an Office for the Internal Market task group (or “OIM task group”).
Membership of OIM task groups
58C (1) The members of an OIM task group are to be selected by the OIM panel chair.
(2) Each OIM task group is to consist of at least three members of the OIM panel.
(3) The OIM panel chair must appoint one of the members of an OIM task group to chair the group (“the task group chair”).
58D The validity of anything done by an OIM task group is not affected by—
(a) a vacancy;
(b) a defective appointment.
Termination of person's membership of an OIM task group
58E A member of the OIM panel may at any time resign from an OIM task group by giving written notice to this effect to the OIM panel chair.
58F (1) Sub-paragraph (2) applies if the OIM panel chair considers that—
(a) a member of an OIM task group will be unable, for a substantial period, to perform their duties as a member of the group, or
(b) because of a particular interest of a member of an OIM task group, it is inappropriate for that person to remain a member of the group.
(2) The OIM panel chair may remove the person in question from membership of the task group.
58G A person ceases to be a member of an OIM task group on ceasing to be a member of the OIM panel.
Replacement of a member of an OIM task group
58H (1) Sub-paragraph (2) applies if a person ceases to be a member of an OIM task group, whether by being removed under paragraph 58F, or otherwise.
(2) The OIM panel chair may select a replacement member of the group from the OIM panel.
Continuity on removal or replacement
58I (1) A person's ceasing to be a member of an OIM task group, whether by being removed under paragraph 58F, or otherwise, does not prevent—
(a) the group from continuing with anything begun before the person ceased to be a member of it;
(b) any decision made or direction given by the person while a member of the group from having effect after they have ceased to be a member of the group.
(2) Sub-paragraph (1) applies whether or not a replacement member of the group is selected under paragraph 58H.
Powers of chair pending group's constitution and first meeting
58J (1) While an OIM task group is being constituted, the OIM panel chair may take such steps as the OIM panel chair considers appropriate to facilitate the work of the group once it has been constituted.
(2) The steps taken must be steps that it would be within the power of the group to take, had it already been constituted.
Independence of OIM task groups
58K (1) In exercising functions which they are authorised to exercise by virtue of any enactment, OIM task groups must act independently of the CMA Board.
(2) Nothing in sub-paragraph (1) prevents—
(a) the CMA Board giving information in its possession to an OIM task group, or
(b) an OIM task group giving information in its possession to the CMA Board.
Casting votes
58L If an OIM task group's vote on any decision is tied, the task group chair is to have a casting vote.
Procedure of OIM task groups
58M (1) An OIM task group may determine its own procedure (including determining its quorum).
(2) In determining its procedure under sub-paragraph (1), an OIM task group must have regard to any guidance issued by the CMA Board.
PART 4 Interpretation and transitional and transitory provision
Interpretation
59 (1) In this Schedule, “enactment” means—
(a) an enactment contained in this or any other Act;
(b) an enactment comprised in subordinate legislation within the meaning of the Interpretation Act 1978;
(c) an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament;
(d) a Measure or Act of the National Assembly for Wales;
(e) an enactment contained in, or in an instrument made under, Northern Ireland legislation (within the meaning of the Interpretation Act 1978).
(2) Any reference in this Schedule to an enactment includes a reference to an enactment whenever passed or made.
60 References in this Schedule to the commencement date are to the date on which section 25(3) comes into force.
Members of the Competition Commission
61 (1) This paragraph applies—
(a) in relation to any appointments under paragraph 1(1)(b) to the CMA panel that are made before the abolition of the Competition Commission under section 26, to any person who is a panel member of the Competition Commission and whose term of office as such is not due to expire before the abolition of the Competition Commission under that section;
(b) in relation to any other appointment under paragraph 1(1)(b) to the CMA panel, to a person who was a panel member of the Competition Commission immediately prior to its abolition under section 26.
(2) A person to whom this paragraph applies may be appointed under paragraph 1(1)(b) as a member of the CMA panel.
(3) But the terms of the person's appointment as a member of the CMA panel must not be such that the sum of the period of his or her office as a member of the CMA panel, and of the period of his or her office as a panel member of the Competition Commission (excluding any period when he or she also holds office as a member of the CMA panel), exceeds eight years.
(4) Paragraph 4(1) applies for the purposes of the person's re-appointment as a member of the CMA panel as it does for the purposes of the re-appointment of a CMA panel member to whom this paragraph does not apply.
(5) The power conferred by section 100 includes power to make provision for the appointment of panel members of the Competition Commission as members of the CMA panel, or for the re-appointment of persons who are appointed as members of the CMA panel by virtue of sub-paragraph (2), for the purpose of enabling anything in the process of being done by or on behalf of the Competition Commission immediately prior to its abolition to be completed by or on behalf of the CMA; and nothing in sub-paragraphs (1) to (4) restricts the provision that may be made for that purpose.
62 Except as provided for by paragraph 61, a person who holds or has held office as a panel member of the Competition Commission at any time prior to its abolition may not be appointed under paragraph 1(1)(b) as a member of the CMA panel.
63 References in paragraphs 61 and 62 to a panel member of the Competition Commission are to a person appointed as a member of the Competition Commission of a kind mentioned in paragraph 2(3) of Schedule 7 to the Competition Act 1998.
Financial years of the CMA
64 (1) If the duration of the period beginning with the commencement date and ending with the next 31 March is six months or more, the first financial year of the CMA is that period.
(2) But if the duration of that period is less than six months, the first financial year of the CMA is the period beginning with the commencement date, and ending with the 31 March in the year following the next 31 March after the commencement date.
(3) The subsequent financial years of the CMA are each successive period of 12 months.
First annual plan of the CMA
65 (1) The CMA is to publish its first annual plan within the period of three months beginning with the commencement date.
(2) The first annual plan is to relate to the period beginning with the date of publication of the plan, and ending with the date on which the CMA's first financial year ends.
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).
Section 26(3)
PART 1 Transfer of functions under the 1998 Act to the CMA
1 The Competition Act 1998 is amended as follows.
2 In section 6 (block exemptions), in subsections (1) and (6), for “OFT” (in each place where it occurs) substitute “ CMA ”.
3 In section 8 (block exemptions: procedure), in subsections (1) to (3) and (5), for “OFT” (in each place where it occurs) substitute “ CMA ”.
4 In section 10 (parallel exemptions), in subsections (5), (7) and (8), for “OFT” (in each place where it occurs) substitute “ CMA ”.
5 (1) Section 25 (power to investigate) is amended as follows.
(2) In subsections (1) and (8) to (11), for “OFT” (in each place where it occurs) substitute “ CMA ”.
(3) In the heading, for “OFT” substitute “ CMA ”.
6 In section 26 (powers when conducting investigations), in subsections (1) and (5), for “OFT” (in each place where it occurs) substitute “ CMA ”.
7 In section 27 (power to enter business premises without a warrant), in subsections (1) and (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.
8 (1) Section 28 (power to enter business premises under a warrant) is amended as follows.
(2) In subsection (1)(b)(i), for “OFT” substitute “ CMA ”.
(3) In subsection (2)—
(a) for “OFT” (in each place where it occurs) substitute “ CMA ”, and
(b) for “OFT's” substitute “CMA's”.
9 In section 28A (power to enter domestic premises under a warrant), in subsections (1)(b)(i) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
10 In section 31 (decisions following an investigation), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
11 In section 31A (commitments), in subsections (1) to (4), for “OFT” (in each place where it occurs) substitute “ CMA ”.
12 In section 31B (effect of commitments under section 31A), in subsections (1) to (5), for “OFT” (in each place where it occurs) substitute “ CMA ”.
13 In section 31C (review of commitments), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
14 In section 31D (guidance), in subsections (1) to (3), (5), (6) and (8), for “OFT” (in each place where it occurs) substitute “ CMA ”.
15 In section 31E (enforcement of commitments), in subsection (1), for “OFT” (in each place where it occurs) substitute “ CMA ”.
16 In section 32 (directions in relation to agreements), in subsection (1), for “OFT” substitute “ CMA ”.
17 In section 33 (directions in relation to conduct), in subsection (1), for “OFT” substitute “ CMA ”.
18 In section 34 (enforcement of directions), in subsection (1), for “OFT” substitute “ CMA ”.
19 In section 35 (interim measures), in subsections (1) to (4), (8) and (9), for “OFT” (in each place where it occurs) substitute “ CMA ”.
20 In section 36 (penalties), in subsections (1) to (5), (8) and (9), for “OFT” (in each place where it occurs) substitute “ CMA ”.
21 In section 37 (recovery of penalties), in subsection (1), for “OFT” (in each place where it occurs) substitute “ CMA ”.
22 In section 38 (the appropriate level of a penalty), in subsections (1) to (3), (5), (6), (8) and (9), for “OFT” (in each place where it occurs) substitute “ CMA ”.
23 In section 39 (limited immunity in relation to the Chapter 1 prohibition), in subsections (3) to (5) and (8), for “OFT” (in each place where it occurs) substitute “ CMA ”.
24 In section 40 (limited immunity in relation to the Chapter 2 prohibition), in subsections (3) to (5) and (8), for “OFT” (in each place where it occurs) substitute “ CMA ”.
25 In section 44 (false or misleading information), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
26 In section 46 (appealable decisions), in subsections (1) to (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.
27 In section 47 (third party appeals), in subsection (1), for “OFT” (in each place where it occurs) substitute “ CMA ”.
28 In section 47A (monetary claims before Tribunal), in subsections (6) and (7), for “OFT” (in each place where it occurs) substitute “ CMA ”.
29 In section 50 (vertical agreements and land agreements), in subsection (3), for “OFT” substitute “ CMA ”.
30 In the cross-heading preceding section 51, for “OFT's” substitute “CMA's”.
31 (1) Section 51 (rules) is amended as follows.
(2) In subsection (1), for “OFT” substitute “ CMA ”.
(3) In subsection (2), for “OFT's” substitute “CMA's”.
(4) In subsections (3) and (5) to (10), for “OFT” (in each place where it occurs) substitute “ CMA ”.
32 (1) Section 52 (advice and information) is amended as follows.
(2) In subsection (1), for the words from the beginning to “the Director” substitute “ The CMA ”.
(3) In subsection (1A), for the words from the beginning to “the OFT” substitute “ The CMA ”.
(4) In subsections (2) to (6) and (8), for “OFT” (in each place where it occurs) substitute “ CMA ”.
33 In section 54 (regulators), in subsections (2), (5) and (7), for “OFT” (in each place where it occurs) substitute “ CMA ”.
34 In section 57 (defamation), for “OFT” substitute “ CMA ”.
35 In the cross-heading preceding section 58, for “OFT” substitute “ CMA ”.
36 (1) Section 58 (findings of fact) is amended as follows.
(2) In subsection (1), for “an OFT's” substitute “a CMA's”.
(3) In subsection (2)—
(a) for “an OFT's” substitute “a CMA's”, and
(b) for “OFT” (in each place where it occurs) substitute “ CMA ”.
(4) In subsection (3), for “OFT” substitute “ CMA ”.
(5) In the heading, for “OFT” substitute “ CMA ”.
37 In section 58A (findings of infringements), in subsections (3) and (4), for “OFT” (in each place where it occurs) substitute “ CMA ”.
38 (1) Section 59 (interpretation of Part 1) is amended as follows.
(2) In subsection (1)—
(a) after the definition of “the Chapter II prohibition” insert—
“the CMA” means the Competition and Markets Authority;
, and
(b) omit the definition of “the OFT”.
(3) In subsection (4), for “OFT” substitute “ CMA ”.
39 In section 60 (principles to be applied in determining questions), in subsection (4), for “OFT” (in each place where it occurs) substitute “ CMA ”.
40 In section 61 (interpretation of Part 2), in subsection (1)—
(a) after the definition of “books and records” insert—
“the CMA” means the Competition and Markets Authority;
, and
(b) omit the definition of “the OFT”.
41 In section 62 (power to enter business premises under a warrant: Article 20 inspections), in subsections (5) and (10), for “OFT” (in each place where it occurs) substitute “ CMA ”.
42 In section 62A (power to enter non-business premises under a warrant: Article 21 inspections), in subsections (3) to (5), and (12), for “OFT” (in each place where it occurs) substitute “ CMA ”.
43 In section 62B (powers when conducting Article 22(2) inspection), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
44 In section 63 (power to enter business premises under a warrant: Article 22(2) inspections), in subsections (1)(a), (2) to (5) and (10), for “OFT” (in each place where it occurs) substitute “ CMA ”.
45 (1) Section 65C (interpretation of Part 2A) is amended as follows.
(2) In subsection (1), in the definition of “Article 22(1) investigation”, for “OFT” substitute “ CMA ”.
(3) In subsection (2)—
(a) after the entry for “Article 82” insert— “ “the CMA”; ”, and
(b) omit the entry for “the OFT”.
(4) In subsection (4), for “OFT” substitute “ CMA ”.
46 In section 65D (power to conduct an Article 22(1) investigation), in subsection (1), for “OFT” substitute “ CMA ”.
47 In section 65E (powers when conducting Article 22(1) investigations), in subsections (1) and (5), for “OFT” (in each place where it occurs) substitute “ CMA ”.
48 In section 65F (power to enter business premises without a warrant), in subsections (1) and (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.
49 In section 65G (power to enter business premises under a warrant), in subsections (1)(b)(i) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
50 In section 65H (power to enter domestic premises under a warrant), in subsections (1)(b)(i) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
51 In section 65N (false or misleading information), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
52 In section 75A (rules in relation to Parts 2 and 2A), in subsections (1) to (8), for “OFT” (in each place where it occurs) substitute “ CMA ”.
53 (1) Schedule 1 (exclusions: mergers and concentrations) is amended as follows.
(2) In paragraph 4, in sub-paragraphs (1) to (5), for “OFT” (in each place where it occurs) substitute “ CMA ”.
(3) In paragraph 5, for “OFT” (in each place where it occurs) substitute “ CMA ”.
54 In Schedule 2 (exclusions: other competition scrutiny), in Part 3, in paragraph 5(3)(a), for “Director” substitute “ CMA ”.
55 (1) Schedule 3 (general exclusions) is amended as follows.
(2) In paragraph 9, in sub-paragraphs (3) to (7), for “OFT” (in each place where it occurs) substitute “ CMA ”.
56 (1) Schedule 6A (commitments) is amended as follows.
(2) In paragraph 1, for “OFT” substitute “ CMA ”.
(3) In paragraph 2—
(a) in sub-paragraph (1), for “OFT” substitute “ CMA ”, and
(b) in sub-paragraph (2)—
(i) for “OFT” (in each place where it occurs) substitute “ CMA ”, and
(ii) for “OFT's” substitute “CMA's”.
(4) In paragraph 3, in sub-paragraph (1), for “OFT” substitute “ CMA ”.
(5) In paragraph 4, for “OFT” (in each place where it occurs) substitute “ CMA ”.
(6) In paragraph 5, for “OFT” substitute “ CMA ”.
(7) In paragraph 6, for “OFT” substitute “ CMA ”.
(8) In paragraph 7, for “OFT” (in each place where it occurs) substitute “ CMA ”.
(9) In paragraph 8, for “OFT” (in each place where it occurs) substitute “ CMA ”.
(10) In paragraph 10, for “OFT” substitute “ CMA ”.
(11) In paragraph 11, in sub-paragraph (1), for “OFT” substitute “ CMA ”.
(12) In paragraph 12, for “OFT” substitute “ CMA ”.
(13) In paragraph 13, for “OFT” substitute “ CMA ”.
(14) In paragraph 14, for “OFT” (in each place where it occurs) substitute “ CMA ”.
57 (1) Schedule 8 (appeals) is amended as follows.
(2) In paragraph 2, in sub-paragraph (2), for “OFT's” substitute “CMA's”.
(3) In paragraph 3, in sub-paragraphs (2) and (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.
(4) In paragraph 3A, in sub-paragraph (3), for “OFT” substitute “ CMA ”.
58 (1) Schedule 9 (rules under section 51) is amended as follows.
(2) In the heading, for “OFT's” substitute “CMA's”.
(3) In paragraph 1, for “OFT” substitute “ CMA ”.
(4) In paragraph 5, in sub-paragraphs (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
(5) In paragraph 8, for “OFT” (in each place where it occurs) substitute “ CMA ”.
(6) In paragraph 9, for “OFT” (in each place where it occurs) substitute “ CMA ”.
(7) In paragraph 11, for “OFT” substitute “ CMA ”.
(8) In paragraph 12, in sub-paragraph (1)—
(a) for “OFT” substitute “ CMA ”, and
(b) for “OFT's” substitute “CMA's”.
(9) In paragraph 13—
(a) for “OFT” substitute “ CMA ”, and
(b) for “OFT's” substitute “CMA's”.
(10) In paragraph 14, for “OFT” substitute “ CMA ”.
PART 2 Transfer of functions under the 2002 Act to the CMA
59 The Enterprise Act 2002 is amended as follows.
Part 1
60 (1) Section 5 (acquisition of information etc) is amended as follows.
(2) In subsections (1), (2) and (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.
(3) In the italic cross-heading preceding the section for “OFT” substitute “ the CMA ”.
61 In section 6 (provision of information etc to the public), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
62 (1) Section 7 (provision of information and advice to Ministers etc) is amended as follows.
(2) In subsection (1), for “OFT” substitute “ CMA ”.
(3) In subsection (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
63 Omit section 8 (promoting good consumer practice).
64 (1) Section 11 (super-complaints) is amended as follows.
(2) In subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
(3) In subsection (3), for “OFT's” substitute “CMA's”.
(4) In subsection (7), for “OFT” substitute “ CMA ”.
65 For the title to Part 1 substitute “ General functions of the CMA ”.
Part 2
66 In Schedule 4 (Competition Appeal Tribunal: procedure), in Part 2 (Tribunal rules), in paragraph 22(2), for “OFT” substitute “ CMA ”.
Part 3
67 (1) Section 22 (duty to make references in relation to completed mergers) is amended as follows.
(2) In subsection (1), for the words before paragraph (a) substitute “ The CMA shall, subject to subsections (2) and (3), make a reference to its chair for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 if the CMA believes that it is or may be the case that— ”.
(3) In subsection (2)—
(a) in the words before paragraph (a), for “OFT” substitute “ CMA ”, and
(b) in paragraph (a), omit “to the Commission”.
(4) In subsections (3) and (3A), for “OFT” (in each place where it occurs) substitute “ CMA ”.
(5) In subsection (7)—
(a) in paragraph (a), for “the OFT or (as the case may be) the Commission” substitute “ the CMA ”, and
(b) in paragraph (b), for “the OFT, the Commission” substitute “ the CMA ”.
68 In section 23 (relevant merger situations), in subsection (9), in paragraph (a), for “Commission” substitute “ CMA ”.
69 In section 24 (time-limits and prior notice), in subsection (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
70 In section 25 (extension of time-limits), in subsections (1) to (6) and (8), for “OFT” (in each place where it occurs) substitute “ CMA ”.
71 In section 28 (turnover test), in subsection (5), for “OFT” substitute “ CMA ”.
72 (1) Section 33 (duty to make references in relation to anticipated mergers) is amended as follows.
(2) In subsection (1), for the words before paragraph (a) substitute “ The CMA shall, subject to subsections (2) and (3), make a reference to its chair for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 if the CMA believes that it is or may be the case that— ”.
(3) In subsection (2)—
(a) in the words before paragraph (a), for “OFT” substitute “ CMA ”,
(b) in paragraph (a), omit “to the Commission”, and
(c) in paragraph (b), omit “to the Commission”.
(4) In subsections (3) and (3A), for “OFT” (in each place where it occurs) substitute “ CMA ”.
73 (1) Section 34A (duty where case referred by the European Commission) is amended as follows.
(2) In subsection (1), for “OFT” substitute “ CMA ”.
(3) In subsection (2)—
(a) in the words before paragraph (a), for “OFT” substitute “ CMA ”, and
(b) in paragraph (a), omit “to the Commission”.
(4) In subsection (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.
(5) In the heading, for “OFT” substitute “ CMA ”.
74 Before section 35 (but after the italic cross-heading immediately preceding it) insert—
Functions to be exercised by CMA groups
34C (1) Where a reference is made to the chair of the CMA under section 22 or 33 for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, the functions of the CMA under or by virtue of the following provisions of this Part in relation to the matter concerned are to be carried out on behalf of the CMA by the group so constituted—
(a) sections 35 to 41B, except for sections 35(6) and (7), 36(5) and (6) and 37(6);
(b) where a reference is treated by virtue of section 37(2) as having been made under section 22, section 23(9)(a);
(c) section 76, as it applies in relation to orders under section 83, and sections 77, 78 and 80 to 84;
(d) section 87, so far as relating to an enforcement order made on behalf of the CMA by the group;
(e) sections 92(4), 94 and 94A, so far as relating to an enforcement undertaking or enforcement order made on behalf of the CMA by the group;
(f) section 104, so far as relating to a decision mentioned in paragraph (a)(iii) of the definition of relevant decision in subsection (6) of that section;
(g) section 107, so far as relating to anything done on behalf of the CMA by the group;
(h) section 109, where the permitted purpose in question relates to a function that (by virtue of this section) is being or is to be carried out on behalf of the CMA by the group;
(i) sections 110 to 115, so far as relating to a notice given under section 109 on behalf of the CMA by the group;
(j) section 120(5)(b), so far as relating to a decision of the group;
(k) Schedule 10, so far as relating to an enforcement undertaking or enforcement order which the group is considering accepting or making, or which the group has accepted or made, on behalf of the CMA.
(2) The functions of the CMA under section 95(4) in relation to the matter concerned may be carried out on behalf of the CMA by the group.
(3) Nothing in subsection (1) prevents the CMA Board from exercising a function of the CMA under or by virtue of the following provisions of this Part where the group constituted as mentioned in subsection (1) has ceased to exist—
(a) section 76 and Schedule 10, so far as relating to the making of an order under section 76 in relation to an order under section 83;
(b) section 83 and Schedule 10, so far as relating to the making of an order under section 83;
(c) sections 76 (as it applies in relation to an order under section 83), 80 to 84 and Schedule 10, so far as relating to the variation, supersession or release of enforcement undertakings or the variation or revocation of enforcement orders;
(d) section 87;
(e) sections 92(4) and 94.
75 In section 35 (questions to be decided in relation to completed mergers), in subsections (1) and (3) to (7), for “Commission” (in each place where it occurs) substitute “ CMA ”.
76 In section 36 (questions to be decided in relation to anticipated mergers), in subsections (1) to (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.
77 (1) Section 37 (cancellation and variation of references under section 22 or 33) is amended as follows.
(2) In subsections (1) to (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(3) In subsection (6), for “OFT” substitute “ CMA ”.
(4) Omit subsections (7) and (8).
(5) In subsection (9)—
(a) for “OFT” substitute “ CMA ”, and
(b) for “Commission” substitute “ CMA ”.
78 (1) Section 38 (investigations and reports on references under section 22 or 33) is amended as follows.
(2) In subsections (1) to (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(3) Omit subsection (4).
79 In section 39 (time-limits for investigations and reports), in subsections (1), (3), (4) and (8), for “Commission” (in each place where it occurs) substitute “ CMA ”.
80 In section 40 (section 39: supplementary), in subsections (10), (11) and (13), for “Commission” (in each place where it occurs) substitute “ CMA ”.
81 In section 41 (duty to remedy effects of completed or anticipated mergers), in subsections (1) to (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.
82 (1) Section 42 (intervention by Secretary of State in certain public interest cases) is amended as follows.
(2) In subsection (2), for “OFT” substitute “ CMA ”.
(3) In subsection (6)—
(a) for “OFT” (in each place where it occurs) substitute “ CMA ”, and
(b) for “Commission” substitute “ CMA ”.
83 (1) Section 43 (intervention notices under section 42) is amended as follows.
(2) In subsection (4)—
(a) in paragraph (a), for “OFT” substitute “ CMA ”, and
(b) for “Commission” (in each place where it occurs) substitute “ CMA ”.
84 (1) Section 44 (investigation and report) is amended as follows.
(2) In subsections (2) and (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.
(3) In subsection (4) —
(a) in the words before paragraph (a), for “OFT” substitute “ CMA ”, and
(b) in paragraph (c), omit “to the Commission”.
(4) In subsections (5), (5A) and (7), for “OFT” (in each place where it occurs) substitute “ CMA ”.
(5) In the heading, for “OFT” substitute “ CMA ”.
85 (1) Section 45 (power of Secretary of State to refer matter) is amended as follows.
(2) In subsection (1), in paragraph (b), for “OFT” substitute “ CMA ”.
(3) In subsections (2) to (5), for “to the Commission” (in each place where it occurs) substitute “ to the chair of the CMA for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 ”.
(4) In the heading, for “Commission” substitute “ CMA ”.
86 In section 46 (references under section 46: supplementary), in subsection (2), for “OFT” substitute “ CMA ”.
87 (1) Section 46A (cases referred by European Commission where intervention notice is in force) is amended as follows.
(2) In subsection (1), for “OFT” substitute “ CMA ”.
(3) In subsection (2), in paragraph (a), omit “to the Commission”.
88 Before section 47 (but after the italic cross-heading immediately preceding it) insert—
Functions to be exercised by CMA groups
46D Where a reference is made to the chair of the CMA under section 45 for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, the functions of the CMA under or by virtue of the following provisions of this Part in relation to the matter concerned are to be carried out on behalf of the CMA by the group so constituted—
(a) sections 47 to 53;
(b) where a reference is treated by virtue of section 49(1) as having been made under section 45(2) or (3), section 23(9)(ab) (as it has effect by virtue of section 42(6));
(c) sections 104, so far as relating to any decision mentioned in paragraph (a)(iii) of the definition of relevant decision in subsection (6) of that section, and 104A;
(d) section 107, so far as relating to anything done on behalf of the CMA by the group;
(e) section 109, where the permitted purpose relates to a function that (by virtue of this section) is being or is to be carried out on behalf of the CMA by the group;
(f) sections 110 to 115, so far as relating to a notice given under section 109 on behalf of the CMA by the group;
(g) section 118(4);
(h) section 120(5)(b), so far as relating to a decision of the group.
89 In section 47 (questions to be decided on references under section 45), in subsections (1) to (11), for “Commission” (in each place where it occurs) substitute “ CMA ”.
90 In section 48 (cases where references on certain questions need not be decided), in subsections (1) to (3) for “Commission” (in each place where it occurs), substitute “ CMA ”.
91 In section 49 (variation of references under section 45), in subsections (1) to (4) and (7) to (9), for “Commission” (in each place where it occurs) substitute “ CMA ”.
92 In section 50 (investigations and reports on references under section 45), in subsections (1) to (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.
93 (1) Section 51 (time-limits for investigations and reports) is amended as follows.
(2) In subsections (1) to (4) and (8), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(3) In the heading, for “Commission” substitute “ CMA ”.
94 Section 52 (section 51: supplementary), in subsections (10), (11) and (13), for “Commission” (in each place where it occurs) substitute “ CMA ”.
95 (1) Section 53 (restrictions on action where public interest considerations not finalised) is amended as follows.
(2) In subsection (1), for “Commission” substitute “ CMA ”.
(3) In subsection (2)—
(a) omit “to the Commission”, and
(b) for “Commission” substitute “ CMA ”.
(4) In subsections (3) to (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.
96 (1) Section 54 (decision of Secretary of State in public interest cases) is amended as follows.
(2) In subsection (1), for “Commission” substitute “ CMA ”.
(3) In subsection (3), omit “to the Commission” (in each place where it occurs).
(4) In subsections (5) and (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(5) In subsection (7)—
(a) omit “to the Commission” (in each place where it occurs),
(b) for “of the Commission” (in each place where it occurs) substitute “ of the CMA ”, and
(c) in paragraph (b)(ii), for “OFT” substitute “ CMA ”.
97 In section 55 (enforcement action by Secretary of State), in subsection (3), for “Commission” substitute “ CMA ”.
98 (1) Section 56 (competition cases where intervention on public interest grounds ceases) is amended as follows.
(2) In subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
(3) In subsection (3)—
(a) for “Commission” (in each place where it occurs) substitute “ CMA ”,
(b) for “the report of the OFT” substitute “ its report ”, and
(c) omit “to it by the OFT”.
(4) In subsection (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(5) In subsection (6)—
(a) for “Commission” substitute “ CMA ”, and
(b) omit “to it”.
(6) In subsection (7), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(7) In subsection (8)—
(a) for “Commission” substitute “ CMA ”,
(b) after “(6)” insert
—
(a)
,
(c) omit “to the Commission by the OFT”, and
(d) at the end insert
; and
(b) for the purposes of section 34C, the group constituted in consequence of the reference under section 45 is to be treated as if it were constituted in consequence of a reference under section 22 or (as the case may be) 33.
99 (1) Section 57 (duties of authorities to inform Secretary of State) is amended as follows.
(2) In subsection (1), for “OFT” substitute “ CMA ”.
(3) In subsection (2)—
(a) for “OFT, OFCOM and the Commission” substitute “ CMA and OFCOM ”, and
(b) for “OFT, OFCOM or (as the case may be) the Commission” substitute “ CMA or (as the case may be) OFCOM ”.
(4) In the heading, for “OFT and Commission” substitute “ CMA and OFCOM ”.
100 In section 58 (specified considerations), in subsection (4)(b) for “OFT, OFCOM, the Commission” substitute “ CMA, OFCOM ”.
101 (1) Section 59 (intervention by Secretary of State in special public interest cases) is amended as follows.
(2) In subsection (2), for “OFT” substitute “ CMA ”.
(3) In subsection (6)—
(a) for “OFT” (in each place where it occurs) substitute “ CMA ”, and
(b) for “Commission” substitute “ CMA ”.
102 (1) Section 60 (special intervention notices under section 59) is amended as follows.
(2) In subsection (4)—
(a) in paragraph (a), for “OFT” substitute “ CMA ”, and
(b) for “Commission” (in each place where it occurs) substitute “ CMA ”.
103 (1) In section 61 (initial investigation and report) is amended as follows.
(2) In subsections (2) to (4A) and (6), for “OFT” (in each place where it occurs) substitute “ CMA ”.
(3) In the heading, for “OFT” substitute “ CMA ”.
104 (1) Section 62 (power of Secretary of State to refer matter) is amended as follows.
(2) In subsection (1), in paragraph (b), for “OFT” substitute “ CMA ”.
(3) In subsections (2) and (3), for “to the Commission” (in each place where it occurs), substitute “ to the chair of the CMA for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 ”.
(4) In subsection (5), for “OFT” substitute “ CMA ”.
105 Before section 63 insert—
Functions to be exercised by CMA groups
62A Where a reference is made to the chair of the CMA under section 62 for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, the functions of the CMA under or by virtue of the following provisions of this Part in relation to the matter concerned are to be carried out on behalf of the CMA by the group so constituted—
(a) sections 63 to 65;
(b) where a reference is treated by virtue of section 64(2) as having been made under section 62(2), section 23(9)(ab) (as it has effect by virtue of section 59(6));
(c) sections 104, so far as relating to any decision mentioned in paragraph (a)(iii) of the definition of relevant decision in subsection (6) of that section, and 104A;
(d) section 107, so far as relating to anything done on behalf of the CMA by the group;
(e) section 109, where the permitted purpose relates to a function that (by virtue of this section) is being or is to be carried out on behalf of the CMA by the group;
(f) sections 110 to 115, so far as relating to a notice given under section 109 on behalf of the CMA by the group;
(g) section 118(4);
(h) section 120(5)(b), so far as relating to a decision of the group.
106 In section 63 (questions to be decided on references under section 62), in subsections (1) to (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.
107 In section 64 (cancellation and variation of references under section 62), in subsections (1) to (4) and (7) to (9), for “Commission” (in each place where it occurs) substitute “ CMA ”.
108 In section 65 (investigations and reports on references under section 62), in subsections (1) to (2A) and (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.
109 In section 66 (decision and enforcement action by Secretary of State), in subsections (1) to (4) and (7), for “Commission” (in each place where it occurs) substitute “ CMA ”.
110 In section 67 (intervention to protect legitimate interests), in subsections (2) and (8), for “OFT” (in each place where it occurs) substitute “ CMA ”.
111 In section 68 (scheme for protecting legitimate interests), in subsection (4)—
(a) in paragraph (b), for “OFT” substitute “ CMA ”,
(b) in paragraph (c), for “to the Commission” substitute “ to the chair of the CMA for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 ”, and
(c) in paragraph (d), for “the Commission” substitute “ the CMA, acting through a group so constituted, ”.
112 In section 72 (initial enforcement orders), in subsections (2), (6) and (7), for “OFT” (in each place where it occurs) substitute “ CMA ”.
113 In section 73 (undertakings in lieu of references), in subsections (1) to (4), (5) and (7), for “OFT” (in each place where it occurs) substitute “ CMA ”.
114 In section 74 (effect of undertakings under section 73), in subsections (1), (2) and (5), for “OFT” (in each place where it occurs) substitute “ CMA ”.
115 In section 75 (order making power where undertakings under section 73 not fulfilled), in subsections (1), (2), (4) and (6), for “OFT” (in each place where it occurs) substitute “ CMA ”.
116 (1) Section 76 (supplementary interim order-making power) is amended as follows
(2) In subsection (1)—
(a) in paragraph (a), for “OFT” substitute “ CMA ”, and
(b) in paragraph (b), for “Commission” substitute “ CMA ”.
(3) In subsections (2), (3), (4) and (7), for “OFT or (as the case may be) the Commission” (in each place where it occurs) substitute “ CMA ”.
117 In section 77 (restrictions on certain dealings: completed mergers), in subsections (2), (3), (5) and (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.
118 In section 78 (restrictions on certain dealings: anticipated mergers), in subsections (2) to (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.
119 (1) Section 79 (sections 77 and 78: further interpretation provisions) is amended as follows.
(2) In subsection (1), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(3) In subsection (4), for “OFT” substitute “ CMA ”.
120 (1) Section 80 (interim undertakings) is amended as follows.
(2) In subsections (2), (5) and (9), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(3) In subsection (10), for “Commission's” substitute “CMA's”.
121 (1) Section 81 (interim orders) is amended as follows.
(2) In subsection (2), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(3) In subsection (9), for “Commission” substitute “ CMA ”.
122 In section 82 (final undertakings), in subsections (1), (2) and (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.
123 (1) Section 83 (order-making powers where final undertakings not fulfilled) is amended as follows.
(2) In subsection (1), in the words before paragraph (a), for “Commission” substitute “ CMA ”.
(3) In that subsection, in paragraph (b)—
(a) for “Commission or the OFT” substitute “ CMA ”, and
(b) for “Commission decided” substitute “ CMA decided ”.
(4) In subsections (2) and (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(5) Omit subsection (6).
124 (1) Section 84 (final orders) is amended as follows.
(2) In subsections (1) and (2), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(3) Omit subsection (4).
125 In section 85 (enforcement regime for public interest and special interest cases), in subsection (2), for “OFT” substitute “ CMA ”.
126 (1) Section 91 (register of undertakings and orders) is amended as follows.
(2) In subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
(3) In subsection (3)—
(a) in the words before paragraph (a), for “OFT” substitute “ CMA ”, and
(b) in paragraph (d), for “Commission” substitute “ CMA ”.
(4) In subsection (4), for “OFT” substitute “ CMA ”.
(5) In subsection (5)—
(a) for “Commission and the Secretary of State” substitute “ Secretary of State ”,
(b) for “OFT” substitute “ CMA ”, and
(c) for “by them” (in each place where it occurs) substitute “ by the Secretary of State ”.
(6) In subsections (6) and (7), for “OFT” (in each place where it occurs) substitute “ CMA ”.
127 In the italic cross-heading preceding section 92, for “OFT” substitute “ CMA ”.
128 (1) Section 92 (duty to monitor undertakings and orders) is amended as follows.
(2) In subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
(3) In subsection (3)—
(a) in the words before paragraph (a)—
(i) for “OFT” substitute “ CMA ”, and
(ii) omit “the Commission or (as the case may be)”,
(b) in paragraph (a)—
(i) omit “the Commission or (as the case may be)”, and
(ii) omit “it (or as the case may be)”, and
(c) in paragraphs (b) to (d), omit “the Commission or (as the case may be)” (in each place where it occurs).
(4) In subsections (4) to (6), for “OFT” (in each place where it occurs) substitute “ CMA ”.
(5) In subsection (7)—
(a) in the words before paragraph (a), for “OFT” substitute “ CMA ”,
(b) omit paragraph (a), and
(c) in paragraph (b), for “the report” substitute “ any report prepared by it under subsection (6) ”.
(6) In the heading, for “OFT” substitute “ CMA ”.
129 (1) Section 93 (further role in relation to undertakings and orders) is amended as follows.
(2) In subsection (1), omit paragraph (a) and the word “or” immediately following it.
(3) In subsection (2)—
(a) for the words from the beginning to “authority”)” substitute “ The Secretary of State ”,
(b) for “OFT” substitute “ CMA ”,
(c) for “relevant authority” (in each place where it occurs) substitute “ Secretary of State ”, and
(d) omit “section 80 or 82 or (as the case may be)”.
(4) In subsection (3)—
(a) for “relevant authority” (in each place where it occurs) substitute “ Secretary of State ”,
(b) for “OFT” substitute “ CMA ”, and
(c) for “OFT's” substitute “CMA's”.
(5) In subsection (4)—
(a) for “OFT” substitute “ CMA ”,
(b) for “relevant authority” substitute “ Secretary of State ”, and
(c) omit “section 80 or 82 or (as the case may be)”.
(6) In subsection (6)—
(a) for “relevant authority” substitute “ Secretary of State ”, and
(b) for “OFT” substitute “ CMA ”.
(7) In the heading, for “OFT” substitute “ CMA ”.
130 (1) Section 94 (rights to enforce undertakings and orders) is amended as follows.
(2) In subsection (6), for “OFT” substitute “ CMA ”.
(3) Omit subsection (7).
131 (1) Section 95 (rights to enforce statutory restrictions) is amended as follows.
(2) In subsection (4), for “OFT or the Commission” substitute “ CMA ”.
(3) In subsection (5), for “OFT” substitute “ CMA ”.
132 (1) Section 96 (merger notices) is amended as follows.
(2) In subsection (1), for “OFT” substitute “ CMA ”.
(3) In subsection (5), for “OFT” substitute “ CMA ”.
133 (1) Section 99 (certain functions in relation to merger notices) is amended as follows.
(2) In subsection (1), for “OFT” (in each place where it occurs) substitute “ CMA ”.
(3) In subsection (5), for “OFT” (in each place where it occurs) substitute “ CMA ”.
(4) In the heading, for “OFT and Secretary of State” substitute “ CMA ”.
134 In section 100 (exceptions to protection given by merger notices), in subsection (1), for “OFT” (in each place where it occurs) substitute “ CMA ”.
135 (1) Section 104 (certain duties of relevant authorities to consult) is amended as follows.
(2) In subsection (6), in the definition of “relevant authority” for “OFT, the Commission” substitute “ CMA ”.
(3) In that subsection, in the definition of “relevant decision”—
(a) for “OFT” (in each place where it occurs) substitute “ CMA ”,
(b) in paragraph (a), after sub-paragraph (ii) insert
; or
(iii) on the questions mentioned in section 35(1) or (3), 36(1) or (2), 47 or 63;
, and
(c) omit paragraph (b).
136 In section 104A (public consultation in relation to media mergers), in subsections (1) to (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.
137 (1) Section 105 (general information duties) is amended as follows.
(2) In subsection (1), for “OFT” substitute “ CMA ”.
(3) In subsection (3)—
(a) in the words before paragraph (a)—
(i) for “OFT” substitute “ CMA ”, and
(ii) omit “Commission or”,
(b) in paragraph (a), omit “the Commission or (as the case may be)” (in each place where it occurs), and
(c) in paragraph (b)—
(i) omit “the Commission or (as the case may be)”, and
(ii) for “OFT” substitute “ CMA ”.
(4) In subsection (3A)—
(a) in the words before paragraph (a), for “Commission or the OFT” substitute “ CMA ”, and
(b) for “Commission or (as the case may be) the OFT” (in each place where it occurs) substitute “ CMA ”.
(5) In subsection (4)—
(a) for “OFT” (in each place where it occurs) substitute “ CMA ”,
(b) for “the Commission or OFCOM” substitute “ OFCOM ”, and
(c) omit “the Commission or (as the case may be)” (in each place where it occurs).
(6) In subsection (4A)—
(a) for “Commission or the OFT” substitute “ CMA ”, and
(b) for “Commission or (as the case may be) the OFT” (in each place where it occurs) substitute “ CMA ”.
(7) In subsection (5)—
(a) in the words before paragraph (a), for “OFT, OFCOM and the Commission” substitute “ CMA and OFCOM ”, and
(b) in paragraph (b), for “OFT, OFCOM or (as the case may be) the Commission” substitute “ CMA or (as the case may be) OFCOM ”.
(8) In subsection (6), for “OFT” (in each place where it occurs) substitute “ CMA ”.
(9) In subsection (7)—
(a) for “Commission” substitute “ CMA ”, and
(b) for “(3), (3A), (4) or (4A)” substitute “ (3A) or (4A) ”.
(10) In subsection (7A), omit the words from “and the OFT” to the end of the subsection.
(11) In the heading, for “OFT and Commission” substitute “ CMA ”.
138 (1) Section 106 (advice and information about references under sections 22 and 33) is amended as follows.
(2) In subsection (1)—
(a) omit “As soon as reasonably practicable after the passing of this Act,”,
(b) for “the OFT” substitute “ The CMA ”, and
(c) for the words from “the making” to the end of the subsection substitute
—
(a) the making and consideration by it of references under section 22 or 33, and
(b) the way in which relevant customer benefits may affect the taking of enforcement action in relation to such references.
(3) In subsection (2), for “OFT” substitute “ CMA ”.
(4) Omit subsections (3) and (4).
(5) In subsection (5), in paragraph (b), for “OFT or (as the case may be) the Commission” substitute “ CMA ”.
(6) In subsection (6)—
(a) omit “or (3)”, and
(b) for “OFT or (as the case may be) the Commission” substitute “ CMA ”.
(7) In subsection (7)—
(a) for “OFT or the Commission” substitute “ CMA ”, and
(b) for “OFT or (as the case may be) the Commission” substitute “ CMA ”.
(8) In subsection (8), for “OFT shall consult the Commission and such other persons” substitute “ CMA shall consult such persons ”.
(9) Omit subsection (9).
139 In section 106A (advice and information in relation to media mergers), in subsection (5), for “OFT, OFCOM, the Commission” substitute “ CMA, OFCOM ”.
140 In section 106B (general advisory duties of OFCOM), in subsections (1) and (3), for “Commission” substitute “ CMA ”.
141 (1) Section 107 (further publicity requirements) is amended as follows.
(2) In subsection (1)—
(a) for “OFT” substitute “ CMA ”,
(b) in paragraph (e), omit “or 76”, and
(c) omit paragraphs (g) and (h).
(3) In subsection (2), for “Commission shall” substitute “ CMA shall also ”.
(4) In subsection (3)—
(a) in paragraph (b), for “OFT” substitute “ CMA ”, and
(b) in paragraph (e), for “Commission” substitute “ CMA ”.
(5) In subsection (9)—
(a) in paragraph (a), for “OFT” substitute “ CMA ”, and
(b) in paragraph (b), for “Commission” substitute “ CMA ”.
(6) In subsection (10)—
(a) in paragraph (a), for “OFT” substitute “ CMA ”, and
(b) in paragraph (b), for “Commission” substitute “ CMA ”.
(7) In subsection (11), for “Commission's” substitute “CMA's”.
142 In section 108 (defamation), for “OFT, OFCOM, the Commission” substitute “ CMA, OFCOM ”.
143 In section 109 (attendance of witnesses and production of documents etc.), in subsection (3)(a), for “the Commission” substitute “ the CMA ”.
144 In section 110 (enforcement of powers under section 109: general), in subsections (1) to (3), (6), (8) and (9), for “Commission” (in each place where it occurs) substitute “ CMA ”.
145 In section 111 (penalties), in subsections (1), (5) and (8), for “Commission” (in each place where it occurs) substitute “ CMA ”.
146 In section 112 (penalties: main procedural requirements), in subsections (1) to (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.
147 In section 113 (payment and interest by instalments), in subsections (3) and (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.
148 In section 114 (appeals in relation to penalties), in subsections (4), (5) and (7), for “Commission” (in each place where it occurs) substitute “ CMA ”.
149 In section 115 (recovery of penalties), for “Commission” (in each place where it occurs) substitute “ CMA ”.
150 In section 116 (statement of policy), in subsections (1), (3) and (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.
151 In section 117 (false or misleading information), in subsections (1) and (2), for “OFT, OFCOM, the Commission” (in each place where it occurs) substitute “ CMA, OFCOM ”.
152 (1) Section 118 (excisions from reports) is amended as follows.
(2) In subsection (1)—
(a) in paragraph (a), for “OFT” substitute “ CMA ”, and
(b) in paragraph (b), for “Commission” substitute “ CMA ”.
(3) In subsection (5), for “Commission” substitute “ CMA ”.
153 (1) Section 119 (minority reports) is amended as follows.
(2) In subsection (1)—
(a) omit “in pursuance of paragraph 15 of Schedule 7 to the Competition Act 1998 (c. 41)”, and
(b) for “Commission” (in each place where it occurs) substitute “ CMA ”.
(3) In the heading, for “Commission” substitute “ CMA ”.
154 (1) Section 119B (monitoring role in relation to media mergers) is amended as follows.
(2) In subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
(3) In the heading, for “OFT” substitute “ CMA ”.
155 In section 120 (review of decisions under Part 3), in subsection (1)—
(a) for “OFT” substitute “ CMA ”, and
(b) for “the Secretary of State or the Commission” substitute “ or the Secretary of State ”.
156 (1) Section 121 (fees) is amended as follows.
(2) In subsection (1)—
(a) for “OFT of” substitute “ CMA of ”, and
(b) for “OFT, OFCOM and the Commission” substitute “ CMA and OFCOM ”.
(3) In subsections (3), (4) and (7), for “OFT” (in each place where it occurs) substitute “ CMA ”.
(4) In subsection (8)—
(a) for “OFT in” substitute “ CMA in ”, and
(b) for “OFT, OFCOM and the Commission” substitute “ CMA and OFCOM ”.
(5) In subsection (9), for “OFT” substitute “ CMA ”.
157 (1) Section 122 (primacy of EU law) is amended as follows.
(2) In subsection (1)—
(a) omit “or (3)”, and
(b) for “OFT or (as the case may be) the Commission” substitute “ CMA ”.
(3) In subsection (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
158 Section 123 (power to alter share of supply test), in subsection (4), for “OFT and the Commission” substitute “ CMA ”.
159 (1) Section 130 (index of defined expressions) is amended as follows.
(2) At the appropriate place in the table insert—
The CMA | Section 273
(3) Omit the entries in the table for “The Commission” and “The OFT”.
(4) In the first column of the entry for “Reports of the Commission”, for “Commission” substitute “ CMA ”.
160 (1) Schedule 7 (enforcement regime for public interest and special interest cases) is amended as follows.
(2) In paragraph 2, in sub-paragraphs (2), (10) and (11), for “OFT” (in each place where it occurs) substitute “ CMA ”.
(3) In paragraph 3, in sub-paragraph (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.
(4) In paragraph 4, in sub-paragraphs (2) and (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.
(5) In paragraph 5, in sub-paragraphs (1) and (6), for “OFT” (in each place where it occurs) substitute “ CMA ”.
(6) In paragraph 7, in sub-paragraphs (8) and (9), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(7) In paragraph 8—
(a) in sub-paragraphs (7) and (8), for “Commission” (in each place where it occurs) substitute “ CMA ”, and
(b) in sub-paragraph (11), for “OFT” substitute “ CMA ”.
(8) In paragraph 10, in sub-paragraphs (1) and (6), for “OFT” (in each place where it occurs) substitute “ CMA ”.
(9) In paragraph 11, in sub-paragraph (5), for “OFT” substitute “ CMA ”.
161 (1) Schedule 8 (provision that may be contained in certain enforcement orders) is amended as follows.
(2) In paragraph 8, in sub-paragraph (3), for “Commission” substitute “ CMA ”.
(3) In paragraph 19, for “OFT” (in each place where it occurs) substitute “ CMA ”.
(4) In paragraph 24 —
(a) omit paragraph (a), and
(b) in paragraph (b), for “Commission” (in each place where it occurs) substitute “ CMA ”.
162 In Schedule 10 (procedural requirements for certain enforcement undertakings and orders), in paragraph 2(1), for “the OFT, the Commission” substitute “ the CMA ”.
Part 4
163 (1) Section 131 (power to make market investigation references) is amended as follows.
(2) In subsection (1), for the words before “has reasonable grounds” substitute “ The CMA may, subject to subsection (4), make a reference to its chair for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 if the CMA ”.
(3) In the heading, for “OFT” substitute “ CMA ”.
164 (1) Section 132 (ministerial power to make market investigation references) is amended as follows.
(2) In subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
(3) In subsection (3), for “Commission” substitute “ chair of the CMA for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 ”.
165 In section 133 (contents of references), in subsection (2), for “Commission” substitute “ group constituted by the chair of the CMA in respect of the reference ”.
166 Before section 134 (but after the italic cross-heading immediately preceding it) insert—
Functions to be exercised by CMA groups
133A (1) Where a reference is made to the chair of the CMA under section 131, 132 or 140A for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, the functions of the CMA under or by virtue of the following provisions of this Part in relation to the matter concerned are to be carried out on behalf of the CMA by the group so constituted—
(a) sections 134 to 138B, except for section 135(1);
(b) sections 140B to 145, 148, 148A and 151;
(c) sections 157 and 158;
(d) section 159;
(e) section 160, except for subsection (6) of that section;
(f) section 161, except for subsection (5) of that section;
(g) section 162(4), so far as relating to an enforcement undertaking or enforcement order made on behalf of the CMA by the group;
(h) section 164(2)(b), so far as relating to an enforcement order made on behalf of the CMA by the group;
(i) section 167, so far as relating to an enforcement undertaking or enforcement order made on behalf of the CMA by the group;
(j) section 168;
(k) section 169, so far as relating to a decision mentioned in paragraph (a)(iii) of the definition of relevant decision in subsection (6) of that section;
(l) section 172, so far as relating to anything done on behalf of the CMA by the group;
(m) section 174, where the permitted purpose in question relates to a function that (by virtue of this section) is being or is to be carried out on behalf of the CMA by the group;
(n) sections 174A to 174D, so far as relating to a notice given under section 174 on behalf of the CMA by the group;
(o) section 179(5)(b), so far as relating to a decision of the group;
(p) Schedule 10, so far as relating to an enforcement undertaking or enforcement order which the group is considering accepting or making, or which the group has accepted or made, on behalf of the CMA.
(2) Nothing in subsection (1) prevents the CMA Board from carrying out a function of the CMA under or by virtue of the following provisions of this Part where the group constituted as mentioned in subsection (1) has ceased to exist—
(a) section 160 and Schedule 10, so far as relating to the making of an order under section 160;
(b) sections 159 to 161 and Schedule 10, so far as relating to the variation, supersession or release of enforcement undertakings or the variation or revocation of enforcement orders;
(c) section 162(4);
(d) section 164(2)(b);
(e) section 167.
167 (1) Section 134 (questions to be decided on market investigation references) is amended as follows.
(2) In subsections (1), (4), (6) and (7), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(3) In subsection (8)(b), for “Commission, the Secretary of State or (as the case may be) the OFT” substitute “ CMA or (as the case may be) the Secretary of State ”.
168 (1) Section 135 (variation of references) is amended as follows.
(2) In subsection (1), for “OFT” substitute “ CMA ”.
(3) In subsection (2)—
(a) omit “OFT or (as the case may be) the”,
(b) for “Commission” substitute “ CMA ”, and
(c) after “reference” insert “ made by him ”.
(4) In subsection (3), for “Commission” substitute “ CMA ”.
169 (1) Section 136 (investigations and reports on market investigation references) is amended as follows.
(2) In subsections (1) to (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(3) For subsection (4) substitute—
(4) Where a reference has been made by the appropriate Minister under section 132 the CMA shall, at the same time as the report under this section is published, give it to the appropriate Minister.
(4) In subsection (5)—
(a) for “OFT” substitute “ CMA ”, and
(b) for “Commission” substitute “ CMA ”.
(5) Omit subsection (6).
170 In section 137 (time-limits for market investigations and reports), in subsections (1), (5) and (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.
171 In section 138 (duty to remedy adverse effects), in subsections (1) to (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.
172 In section 139 (public interest intervention by the Secretary of State), in subsection (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
173 In section 140 (intervention notices under section 139(1)), in subsection (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.
174 In section 141 (questions to be decided), in subsections (2) and (3) to (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.
175 (1) Section 142 (investigations and reports) is amended as follows.
(2) In subsections (2) and (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(3) In the heading, for “Commission” substitute “ CMA ”.
176 In section 143 (publication etc. of reports), in subsections (1), (3) and (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.
177 In section 144 (time-limits for investigations and reports in public interest cases), in subsections (1), (4) and (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.
178 In section 145 (restrictions where public interest considerations not finalised), in subsections (1) to (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.
179 In section 146 (decision of Secretary of State), in subsections (2) to (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.
180 In section 147 (remedial action by Secretary of State), in subsections (3) and (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.
181 (1) Section 148 (reversion of the matter) is amended as follows.
(2) In subsections (1), (2), (6), (7) and (9), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(3) In subsection (10), for “Commission's” substitute “CMA's”.
182 In section 149 (intervention notices under section 139(2)), in subsections (1) and (5), for “OFT” (in each place where it occurs) substitute “ CMA ”.
183 (1) Section 150 (power of veto of Secretary of State) is amended as follows.
(2) In subsections (1) and (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.
(3) In subsection (4), for “OFT's” substitute “CMA's”.
184 (1) Section 151 (further interaction of intervention notices with general procedure) is amended as follows.
(2) In subsection (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(3) In subsection (4), for “Commission” (in the first place where it occurs) substitute “ CMA ”.
(4) In subsection (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.
185 (1) Section 152 (certain duties in relation to providing information) is amended as follows.
(2) In subsection (1), for “OFT” substitute “ CMA ”.
(3) In subsection (3)—
(a) for “OFT and the Commission” substitute “ CMA ”, and
(b) for “OFT or (as the case may be) the Commission” substitute “ CMA ”.
(4) In the heading, for “OFT and Commission” substitute “ CMA ”.
186 In section 153 (specified considerations for purposes of Part 4), in subsection (4)—
(a) for “OFT” substitute “ CMA ”,
(b) for “by the Secretary of State,” substitute “ by the Secretary of State or ”, and
(c) omit “or by the Commission”.
187 In section 154 (undertakings in lieu of market investigation references), in subsections (1) to (7), for “OFT” (in each place where it occurs) substitute “ CMA ”.
188 In section 155 (undertakings in lieu: procedural requirements), in subsections (1) to (4) and (6) to (9), for “OFT” (in each place where it occurs) substitute “ CMA ”.
189 In section 156 (effect of undertakings under section 154), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
190 In section 159 (final undertakings: Part 4), in subsections (1), (5) and (6) for “Commission” (in each place where it occurs) substitute “ CMA ”.
191 (1) Section 160 (order-making power where final undertakings not fulfilled: Part 4) is amended as follows.
(2) In subsection (1)(b), for “the relevant authority or the OFT” substitute “ a relevant person ”.
(3) After subsection (1) insert—
(1A) In subsection (1), a “relevant person” means—
(a) in a case where the relevant authority is the CMA, the CMA;
(b) in a case where the relevant authority is the Secretary of State, the Secretary of State or the CMA.
(4) In subsection (6), for the words from the beginning to “OFT” substitute “ The Secretary of State shall not vary or revoke an order made by him under this section unless the CMA ”.
(5) In subsection (7), in paragraph (a), for “Commission” (in each place where it occurs) substitute “ CMA ”.
192 (1) Section 161 (final orders: Part 4) is amended as follows.
(2) In subsection (1), for “Commission” substitute “ CMA ”.
(3) In subsection (5), for the words from the beginning to “OFT” substitute “ The Secretary of State shall not vary or revoke an order made by him under this section unless the CMA ”.
193 For the italic cross-heading before section 162 substitute “ Undertakings and orders: monitoring, consultation and advice ”.
194 (1) Section 162 (duty to monitor undertakings and orders: Part 4) is amended as follows.
(2) In subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
(3) In subsection (3)—
(a) in the words before paragraph (a)—
(i) for “OFT” substitute “ CMA ”, and
(ii) omit “the Commission or (as the case may be)”,
(b) in paragraph (a)—
(i) omit “the Commission or (as the case may be)”, and
(ii) omit “it (or as the case may be)”,
(c) in paragraphs (b) to (d), omit “the Commission or (as the case may be)” (in each place where it occurs), and
(d) in paragraph (e), for “167(6) to (8)” substitute “ 167(6) and (7) ”.
(4) In subsection (4)—
(a) in the words before paragraph (a), for “OFT” substitute “ CMA ”, and
(b) after paragraph (b) (but before the “or” following it) insert—
(ba) any possible variation or release by it of an enforcement undertaking accepted by it;
(bb) any possible new enforcement undertaking to be accepted by it so as to supersede another enforcement undertaking given to it;
(bc) any possible variation or revocation by it of an enforcement order made by it;
(bd) any possible enforcement undertaking to be accepted by it instead of an enforcement order or any possible enforcement order to be made by it instead of an enforcement undertaking;
.
(5) In subsections (5) and (6), for “OFT” (in each place where it occurs) substitute “ CMA ”.
(6) In subsection (7)—
(a) in the words before paragraph (a), for “OFT” substitute “ CMA ”,
(b) omit paragraph (a), and
(c) in paragraph (b), for “the report” substitute “ any report prepared by it under subsection (6) ”.
(7) In the heading, for “OFT” substitute “ CMA ”.
195 (1) Section 163 (further role in relation to undertakings and orders: Part 4) is amended as follows.
(2) In subsection (1)—
(a) omit “the Commission or”, and
(b) omit “(in this section “the relevant authority”)”.
(3) In subsection (2)—
(a) for “relevant authority” (in each place where it occurs) substitute “ Secretary of State ”, and
(b) for “OFT” substitute “ CMA ”.
(4) In subsection (3)—
(a) for “relevant authority” (in each place where it occurs) substitute “ Secretary of State ”,
(b) for “OFT” substitute “ CMA ”, and
(c) for “OFT's” substitute “CMA's”.
(5) In subsection (4)—
(a) for “OFT” substitute “ CMA ”, and
(b) for “relevant authority” substitute “ Secretary of State ”.
(6) In subsection (5)—
(a) for “relevant authority” (in each place where it occurs) substitute “ Secretary of State ”, and
(b) omit “itself”.
(7) In subsection (6)—
(a) for “relevant authority” substitute “ Secretary of State ”, and
(b) for “OFT” substitute “ CMA ”.
(8) For the heading substitute “ Role of CMA in relation to undertakings and orders in public interest cases: Part 4 ”.
196 (1) Section 166 (register of undertakings and orders: Part 4) is amended as follows.
(2) In subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
(3) In subsection (3)—
(a) in the words before paragraph (a), for “OFT” substitute “ CMA ”,
(b) in paragraph (a), omit “(whether by the Commission, the Secretary of State or a relevant sectoral regulator)”, and
(c) in paragraph (b), omit “(whether by the Commission, the Secretary of State or a relevant sectoral regulator)”.
(4) In subsection (4), for “OFT” substitute “ CMA ”.
(5) In subsection (5)—
(a) omit “Commission, the”, and
(b) for “OFT” substitute “ CMA ”.
(6) In subsections (6) and (7), for “OFT” (in each place where it occurs) substitute “ CMA ”.
197 (1) Section 167 (rights to enforce undertakings and orders under this Part) is amended as follows.
(2) In subsection (6), for “OFT” substitute “ CMA ”.
(3) In subsection (7)—
(a) after “accepted” insert “ by the Secretary of State ”,
(b) after “an order” insert “ made by the Secretary of State ”, and
(c) for “relevant authority” substitute “ Secretary of State ”.
(4) Omit subsection (8).
(5) In subsection (9), for “(6) to (8)” substitute “ (6) and (7) ”.
198 In section 168 (regulated markets), in subsections (1), (2), (6) and (7), for “Commission” (in each place where it occurs) substitute “ CMA ”.
199 In section 169 (certain duties of relevant authorities to consult: Part 4), in subsection (6)—
(a) in the definition of “relevant authority”, for “OFT, the appropriate Minister or the Commission” substitute “ CMA, the appropriate Minister ”,
(b) in the definition of “relevant decision”, in paragraph (a), in the opening words, for “OFT” (in each place where it occurs) substitute “ CMA ”,
(c) also in that paragraph of that definition, after sub-paragraph (ii) insert
; or—
(iii) on the questions mentioned in section 134, 141 or 141A; and
, and
(d) also in that definition, omit paragraph (c) and the word “and” preceding it.
200 (1) Section 170 (general information duties) is amended as follows.
(2) Omit subsections (1) and (2).
(3) In subsection (3)—
(a) in the words before paragraph (a), for “OFT and the Commission” substitute “ CMA ”,
(b) in paragraph (a), for “their possession” substitute “ its possession ”, and
(c) in paragraph (b), for “OFT (or as the case may be) the Commission” substitute “ CMA ”.
(4) In subsection (4), for “OFT” (in each place where it occurs) substitute “ CMA ”.
(5) In subsection (5), omit the words from the beginning to “and the Secretary of State” and insert “ The Secretary of State ”.
201 (1) Section 171 (advice and information: Part 4) is amended as follows.
(2) In subsection (1)—
(a) omit “As soon as reasonably practicable after the passing of this Act,”,
(b) for “the OFT” substitute “ The CMA ”, and
(c) for “the making of references by it under section 131” substitute
—
(a) the making and consideration by it of market investigation references, and
(b) the way in which relevant customer benefits may affect the taking of enforcement action in relation to such references.
(3) In subsection (2), for “OFT” substitute “ CMA ”.
(4) Omit subsections (3) and (4).
(5) In subsection (5)(b), for “OFT or (as the case may be) the Commission” substitute “ CMA ”.
(6) In subsection (6)—
(a) omit “or (3)”, and
(b) for “OFT or (as the case may be) the Commission” substitute “ CMA ”.
(7) In subsection (7)—
(a) omit “or (3)”, and
(b) for “OFT or (as the case may be) the Commission” substitute “ CMA ”.
(8) In subsection (8)—
(a) for “OFT or the Commission” substitute “ CMA ”, and
(b) for “OFT or (as the case may be) the Commission” substitute “ CMA ”.
(9) In subsection (9), for “OFT shall consult the Commission and such other persons” substitute “ CMA shall consult such persons ”.
(10) Omit subsection (10).
202 (1) Section 172 (further publicity requirements: Part 4) is amended as follows.
(2) In subsection (1), for “OFT” substitute “ CMA ”.
(3) In subsection (2), for “Commission shall” substitute “ CMA shall also ”.
(4) In subsection (10), for “Commission's” substitute “CMA's”.
203 In section 173 (defamation)—
(a) for “OFT” substitute “ CMA ”,
(b) for “by the Secretary of State,” substitute “ by the Secretary of State or ”, and
(c) omit “or by the Commission”.
204 In section 174 (investigatory powers), in subsections (3) to (5), for “OFT” (in each place where it occurs) substitute “ CMA ”.
205 In section 177 (excisions from reports: Part 4), in subsections (1), (4) and (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.
206 (1) Section 178 (minority reports: Part 4) is amended as follows.
(2) In subsection (1)—
(a) omit “in pursuance of paragraph 15 of Schedule 7 to the Competition Act 1998 (c. 41)”, and
(b) for “Commission” (in each place where it occurs) substitute “ CMA ”.
(3) In the heading, for “Commission” substitute “ CMA ”.
207 In section 179 (review of decisions under Part 4), in subsection (1)—
(a) for “OFT” substitute “ CMA ”, and
(b) for “, the Secretary of State or the Commission” substitute “ or the Secretary of State ”.
208 In section 183 (interpretation of Part 4), in subsection (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.
209 (1) Section 184 (index of defined expressions: Part 4) is amended as follows.
(2) At the appropriate place in the table insert—
The CMA | Section 273
(3) Omit the entries in the table for “The Commission” and “The OFT”.
(4) In the first column of the entry in the table for “Reports of the Commission”, for “Commission” substitute “ CMA ”.
Part 6
210 In section 190 (cartel offence: prosecution), in subsections (2)(b) and (4), for “OFT” substitute “ CMA ”.
211 In section 192 (investigation of cartel offences), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
212 In section 193 (powers when conducting an investigation), in subsections (1) to (4), for “OFT” (in each place where it occurs) substitute “ CMA ”.
213 In section 194 (power to enter premises under a warrant), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
214 In section 195 (exercise of powers by authorised person), in subsection (1), for “OFT” (in both places where it occurs) substitute “ CMA ”.
215 In section 196 (privileged information etc), in subsection (2)(b), for “OFT” substitute “ CMA ”.
216 In section 201 (offences), in subsection (4)(a), for “OFT” substitute “ CMA ”.
Part 11
217 (1) Section 273 (interpretation) is amended as follows.
(2) For the definition of “the Commission” substitute—
“the CMA” means the Competition and Markets Authority;
.
(3) Omit the definition of “the OFT”.
PART 3 Abolition of the Competition Commission
Amendments of the 1998 Act
218 The 1998 Act is amended as follows.
219 In the heading of Chapter 4 of Part 1, omit “The Competition Commission and”.
220 Omit section 45 (establishment of Competition Commission) and the cross- heading preceding it.
221 In section 59 (interpretation of Part 1), in subsection (1), in the definition of “the Commission”, omit “(except in relation to the Competition Commission)”.
222 Omit Schedule 7 (Competition Commission).
223 Omit Schedule 7A (Competition Commission: procedural rules for mergers and markets refinances).
Amendments of the 2002 Act
224 The 2002 Act is amended as follows.
225 Omit sections 185 to 187 (the Competition Commission).
226 In Schedule 3 (the Competition Service), omit Part 2 (transfers of property etc between the Competition Commission and the Competition Service).
227 Omit Schedule 11 (the Competition Commission).
228 Omit Schedule 12 (Competition Commission: certain procedural rules).
PART 4 Abolition of the Office of Fair Trading
229 Omit sections 1 to 4 of, and Schedule 1 to, the 2002 Act (which make provision about the establishment of the Office of Fair Trading), and the italic cross-heading preceding section 1.
SCHEDULE 6 Regulatory appeals etc: minor and consequential amendments
Section 26(4)
PART 1 Amendments to Acts
Competition Act 1980 (c. 21)
1 The Competition Act 1980 is amended as follows.
2 (1) Section 11 (reference of public bodies and certain other persons to the Commission) is amended as follows.
(2) In subsections (1), (5), (6), (8) and (10), for “Commission” (in each place where it occurs) substitute “ CMA ” .
(3) After subsection (10) insert—
(10A) The functions of the CMA with respect to a reference under this section (including functions under sections 109 to 115 of the Enterprise Act 2002, as applied by section 11B) are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013.
(4) In the heading, for “Commission” substitute “ CMA ”.
3 In section 11A (references under section 11: time-limits), in subsections (2) and (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.
4 (1) Section 11C (references under section 11: further supplementary provisions) is amended as follows.
(2) In subsection (1), for the words from “the words” to the end, substitute
—
(a) the words “, OFCOM or the Secretary of State” were omitted, and
(b) for the words “their functions” there were substituted “ its functions ”.
(3) In subsection (3)—
(a) for “Commission” substitute “ CMA ”, and
(b) for the words from “in connection with” to the end, substitute “ by the chair of the CMA for the purpose of carrying out the functions of the CMA with respect to the reference ”.
5 In section 12 (orders following report under section 11), in subsections (1) to (3) and (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.
6 In section 16 (general provisions as to reports), in subsection (2), for “Commission” substitute “ CMA ”.
7 In section 17 (laying before Parliament and publication of reports), in subsection (6), for “Commission” substitute “ CMA ”.
8 In section 33 (short title, interpretation, etc), in subsection (2), for “ “the Commission”” substitute “ “the CMA” ”.
Solicitors (Scotland) Act 1980 (c. 46)
9 The Solicitors (Scotland) Act 1980 is amended as follows.
10 In section 25A (rights of audience in the Court of Session etc), in subsections (9) and (11), for “Director” (in each place where it occurs) substitute “ CMA ”.
11 (1) Section 64A (advisory and supervisory functions) is amended as follows.
(2) In subsections (1) and (2), for “Director” (in each place where it occurs) substitute “ CMA ”.
(3) In subsection (3)—
(a) for “Director has completed his consideration he” substitute “ CMA has completed its consideration, the CMA ”, and
(b) for “he thinks” substitute “ it thinks ”.
(4) In subsection (4), for “The Director may publish any advice given by him” substitute “ The CMA may publish advice given ”.
(5) In subsection (5)—
(a) for “Director” substitute “ CMA ”, and
(b) for “Director's” substitute “CMA's”.
(6) In subsection (6), for “Director” substitute “ CMA ”.
(7) In the heading, for “Director General of Fair Trading” substitute “ Competition and Markets Authority ”.
12 (1) Section 64C (investigatory powers) is amended as follows.
(2) In subsection (1)—
(a) for “Director” substitute “ CMA ”, and
(b) for “him” (in each place where it occurs) substitute “ the CMA ”.
(3) After subsection (2) insert—
(2A) A notice under this section may be issued on the CMA's behalf by any member of the CMA Board.
(4) In the heading, for “Director” substitute “ Competition and Markets Authority ”.
13 In section 64CA (enforcement of notices under section 64C), in subsections (1) and (2), for “Office of Fair Trading” (in each place where it occurs) substitute “ CMA ”.
14 (1) In section 65 (interpretation), in subsection (1)—
(a) before the definition of “the Council” insert—
“the CMA” means the Competition and Markets Authority;
“the CMA Board” has the same meaning as in Schedule 4 to the Enterprise and Regulatory Reform Act 2013;”, and
(b) omit the definition of “the Director”.
Gas Act 1986 (c. 44)
15 The Gas Act 1986 is amended as follows.
16 (1) Section 23B (appeals) is amended as follows.
(2) In subsection (1), for “Competition Commission (“the Commission”)” substitute “ CMA ”.
(3) In subsections (3) and (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(4) In the heading, for “Competition Commission” substitute “ CMA ”.
17 (1) Section 23C (procedure on appeal) is amended as follows.
(2) Omit subsection (1).
(3) In subsection (2), omit “Instead,”.
(4) After subsection (2) insert—
(2A) Except where specified otherwise in Schedule 4A, the functions of the CMA with respect to an appeal under section 23B are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013.
(5) In the heading, for “Commission” substitute “ CMA ”.
18 (1) Section 23D (determination of appeal) is amended as follows.
(2) In subsections (2) to (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(3) In the heading, for “Commission” substitute “ CMA ”.
19 (1) Section 23E (powers on allowing appeal) is amended as follows.
(2) In subsection (1), for “Commission” substitute “ CMA ”.
(3) In subsection (2)—
(a) for “Commission” (in each place where it occurs) substitute “ CMA ”, and
(b) for “Commission's” substitute “CMA's”.
(4) In subsection (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(5) In subsection (7), for “Commission's” substitute “CMA's”.
(6) In the heading, for “Commission's” substitute “CMA's”.
20 (1) Section 23F (time limits for determination of appeal) is amended as follows.
(2) In subsections (1), (3) to (5) and (7), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(3) In the heading, for “Commission” substitute “ CMA ”.
21 (1) Section 23G (supplementary provision about determination of appeal) is amended as follows.
(2) In subsection (1), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(3) In subsection (2)—
(a) for “Commission” substitute “ CMA ”, and
(b) for “Commission's” (in each place where it occurs) substitute “CMA's”.
(4) In subsection (3), for “Commission” substitute “ CMA ”.
(5) In the heading, for “Commission” substitute “ CMA ”.
22 In section 27 (modification by order under other enactments), in subsection (1), for “Office of Fair Trading, the Competition Commission” substitute “ CMA ”.
23 (1) Section 41D (application by Authority for order including new activities) is amended as follows.
(2) In subsection (3), for the words from “shall” to the end, substitute “ shall, before making the application, make a reference under section 41E to the CMA ”.
(3) In subsections (4) and (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(4) After subsection (6), insert—
(7) The functions of the CMA with respect to a reference under section 41E (including functions under sections 109 to 115 of the Enterprise Act 2002, as applied by section 41EB) are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013.
24 (1) Section 41E (references) is amended as follows.
(2) In subsection (1)—
(a) for “Competition Commission” substitute “ CMA ”, and
(b) for “the Commission” substitute “ the CMA ”.
(3) In subsections (2), (3), (5) and (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(4) In the heading, for “Competition Commission” substitute “ CMA ”.
25 In section 41EA (references under section 41E: time limits), in subsections (2) and (3), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
26 In section 41EB (references under section 41E: application of the Enterprise Act 2002), in subsection (4)—
(a) for “Competition Commission” substitute “ CMA ”, and
(b) for the words from “the words” to the end, substitute
—
(a) the words “, OFCOM or the Secretary of State” were omitted; and
(b) for the words “their functions” there were substituted “ its functions ”.
27 (1) Section 41F (reports on references) is amended as follows.
(2) In subsection (1), for “Competition Commission” substitute “ CMA ”.
(3) In subsections (2) and (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(4) In subsection (3A)—
(a) for “Competition Commission” substitute “ CMA ”, and
(b) for the words from “in connection with” to the end, substitute “ by the chair of the CMA for the purpose of carrying out the functions of the CMA with respect to the reference ”.
(5) In subsections (3B) to (4C), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
(6) In subsection (5), for “Commission” substitute “ CMA ”.
28 In section 48 (interpretation of Part 1), in subsection (1), after the definition of “calorific value” insert—
“the CMA” means the Competition and Markets Authority;
.
29 (1) Schedule 4A (procedure for appeals under section 23B) is amended as follows.
(2) In paragraph 1—
(a) in sub-paragraphs (1) and (7), for “Commission” (in each place where it occurs) substitute “ CMA ”,
(b) in sub-paragraph (8)—
(i) for “Commission's” substitute “CMA's”, and
(ii) for “Commission” substitute “ CMA ”,
(c) in sub-paragraph (9)—
(i) for “deciding” substitute “ the authorised member decides ”, and
(ii) for “the Commission must give the Authority” substitute “ the Authority must be given ”,
(d) in sub-paragraph (10), for “Commission's” substitute “CMA's”,
(e) in sub-paragraph (12), for “the Commission must” substitute “ an authorised member of the CMA must ”, and
(f) in sub-paragraph (13)—
(i) for “of the Commission” substitute “ of the CMA ”, and
(ii) for “as the Commission” substitute “ as an authorised member of the CMA ”.
(3) In paragraph 2—
(a) in sub-paragraph (1), for “Commission” substitute “ CMA ”,
(b) in sub-paragraph (2)(b), for “the Commission has given the Authority” substitute “ the Authority has been given ”,
(c) in sub-paragraph (3), for “Commission's” substitute “CMA's”,
(d) in sub-paragraph (4), for “Commission” substitute “ CMA ”,
(e) in sub-paragraph (5)—
(i) for “Commission's” substitute “CMA's”, and
(ii) for “Commission” substitute “ CMA ”, and
(f) in sub-paragraph (6)—
(i) in paragraph (a), for “Commission” substitute “ CMA ”, and
(ii) in paragraph (b), for “the Commission” substitute “ an authorised member of the CMA ”.
(4) In paragraph 3, in sub-paragraphs (1) and (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(5) In paragraph 4—
(a) omit sub-paragraph (1),
(b) in sub-paragraph (2)—
(i) after “group” insert “ constituted by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 for the purpose of carrying out functions of the CMA with respect to an appeal under section 23B ”, and
(ii) for “Commission” substitute “ CMA panel ”,
(c) omit sub-paragraphs (3) to (7), and
(d) in sub-paragraph (8), for “a group” substitute “ the group ”.
(6) In paragraph 5, in sub-paragraph (1)—
(a) for “The group with the function of determining an appeal” substitute “ The CMA ”, and
(b) for “determination of the appeal” substitute “ determination of an appeal ”.
(7) In paragraph 6—
(a) in sub-paragraph (1), for “Commission” (in each place where it occurs) substitute “ CMA ”,
(b) in sub-paragraph (4)—
(i) for “The Commission may take copies” substitute “ An authorised member of the CMA may, for the purpose of the exercise of the functions of the CMA, make arrangements for copies to be taken ”, and
(ii) omit “to it”, and
(c) in sub-paragraph (5), in paragraph (a), for the words from “Commission's” to the end of paragraph (a), substitute “ CMA's behalf by an authorised member of the CMA ”.
(8) In paragraph 7—
(a) in sub-paragraph (2), for “Commission” substitute “ CMA ”,
(b) in sub-paragraph (5)(a), for “the Commission is not required” substitute “ there is no requirement ”,
(c) in sub-paragraph (7), for “the Commission must pay that person” substitute “ an authorised member of the CMA must arrange for that person to be paid ”, and
(d) in sub-paragraph (8), for the words from “Commission's” to the end, substitute “ CMA's behalf by an authorised member of the CMA ”.
(9) In paragraph 8—
(a) in sub-paragraph (1), for “Commission” substitute “ CMA ”, and
(b) in sub-paragraph (4), for the words from “Commission's” to the end, substitute “ CMA's behalf by an authorised member of the CMA ”.
(10) In paragraph 9, for “Commission” substitute “ CMA ”.
(11) In paragraph 10, in sub-paragraph (1), for “a member of the Commission” substitute “ an authorised member of the CMA ”.
(12) In paragraph 11, in sub-paragraphs (1), (3) and (4), for “Commission” (in each place where it occurs) substitute “ CMA Board ”.
(13) In paragraph 12, in sub-paragraphs (1) and (2), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(14) In paragraph 13, in sub-paragraph (1)—
(a) for the definition of “authorised member of the Commission” substitute—
“authorised member of the CMA”—
(a) in relation to a power exercisable in connection with an appeal in respect of which a group has been constituted by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, means a member of that group who has been authorised by the chair of the CMA to exercise that power;
(b) in relation to a power exercisable in connection with an application for permission to bring an appeal, or otherwise in connection with an appeal in respect of which a group has not been so constituted by the chair of the CMA, means—
(i) any member of the CMA Board who is also a member of the CMA panel, or
(ii) any member of the CMA panel authorised by the Secretary of State (whether generally or specifically) to exercise the power in question.
,
(b) omit the definition of “the Chairman”,
(c) for the definition of “the Commission” substitute—
“CMA Board” and “CMA panel” have the same meaning as in Schedule 4 to the Enterprise and Regulatory Reform Act 2013;
, and
(d) omit the definition of a “group”.
Electricity Act 1989 (c. 29)
30 The Electricity Act 1989 is amended as follows.
31 (1) Section 11C (appeals) is amended as follows.
(2) In subsection (1), for “Competition Commission (“the Commission”)” substitute “ CMA ”.
(3) In subsections (3) and (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(4) In the heading, for “Competition Commission” substitute “ CMA ”.
32 (1) Section 11D (procedure on appeal) is amended as follows.
(2) Omit subsection (1).
(3) In subsection (2), omit “Instead,”.
(4) After subsection (2) insert—
(2A) Except where specified otherwise in Schedule 5A, the functions of the CMA with respect to an appeal under section 11C are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013.
(5) In the heading, for “Commission” substitute “ CMA ”.
33 (1) Section 11E (determination of appeal) is amended as follows.
(2) In subsections (2) to (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(3) In the heading, for “Commission” substitute “ CMA ”.
34 (1) Section 11F (powers on allowing appeal) is amended as follows.
(2) In subsection (1), for “Commission” substitute “ CMA ”.
(3) In subsection (2)—
(a) for “Commission” (in each place where it occurs) substitute “ CMA ”, and
(b) for “Commission's” substitute “CMA's”.
(4) In subsection (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(5) In subsection (7), for “Commission's” substitute “CMA's”.
(6) In the heading, for “Commission's” substitute “CMA's”.
35 (1) Section 11G (time limits for determination of appeal) is amended as follows.
(2) In subsection (1), for “Commission” substitute “ CMA ”.
(3) In subsections (3) to (5) and (7), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(4) In the heading, for “Commission” substitute “ CMA ”.
36 (1) Section 11H (supplementary provision about determination of appeal) is amended as follows.
(2) In subsection (1), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(3) In subsection (2)—
(a) for “Commission” substitute “ CMA ”, and
(b) for “Commission's” (in each place where it occurs) substitute “CMA's”.
(4) In subsection (3), for “Commission” substitute “ CMA ”.
(5) In the heading, for “Commission” substitute “ CMA ”.
37 In section 15 (modification by order under other enactments), in subsection (1) for “Office of Fair Trading, the Competition Commission” substitute “ CMA ”.
38 (1) Section 56B (application for order including new activities) is amended as follows.
(2) In subsection (3), for the words from “shall” to the end, substitute “ shall, before making the application, make a reference under section 56C to the CMA ”.
(3) In subsections (4) and (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(4) After subsection (6), insert—
(7) The functions of the CMA with respect to a reference under section 56C (including functions under sections 109 to 115 of the Enterprise Act 2002, as applied by section 56CB) are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013.
39 (1) Section 56C (references) is amended as follows.
(2) In subsection (1)—
(a) for “Competition Commission” substitute “ CMA ”, and
(b) for “the Commission” substitute “ the CMA ”.
(3) In subsections (2), (3), (5) and (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(4) In the heading, for “Competition Commission” substitute “ CMA ”.
40 In section 56CA (references under section 56C: time limits), in subsections (2) and (3), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
41 In section 56CB (references under section 56C: application of Enterprise Act 2002), in subsection (4)—
(a) for “Competition Commission” substitute “ CMA ”, and
(b) for the words from “the words” to the end, substitute
—
(a) the words “, OFCOM or the Secretary of State” were omitted; and
(b) for the words “their functions” there were substituted “ its functions ”.
42 (1) Section 56D (reports on references) is amended as follows.
(2) In subsection (1), for “Competition Commission” substitute “ CMA ”.
(3) In subsections (2) and (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(4) In subsection (3A)—
(a) for “Competition Commission” substitute “ CMA ”, and
(b) for the words from “in connection with” to the end, substitute “ by the chair of the CMA for the purpose of carrying out the functions of the CMA with respect to the reference ”.
(5) In subsections (3B) to (4C), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
(6) In subsection (5), for “Commission” substitute “ CMA ”.
43 In section 64 (interpretation etc of Part 1), in subsection (1), after the definition of “authorised supplier” insert—
“the CMA” means the Competition and Markets Authority;
.
44 (1) Schedule 5A (procedure for appeals under section 11C) is amended as follows.
(2) In paragraph 1—
(a) in sub-paragraphs (1) and (7), for “Commission” (in each place where it occurs) substitute “ CMA ”,
(b) in sub-paragraph (8)—
(i) for “Commission's” substitute “CMA's”, and
(ii) for “Commission” substitute “ CMA ”,
(c) in sub-paragraph (9)—
(i) for “deciding” substitute “ the authorised member decides ”, and
(ii) for “the Commission must give the Authority” substitute “ the Authority must be given ”,
(d) in sub-paragraph (10), for “Commission's” substitute “CMA's”,
(e) in sub-paragraph (12), for “the Commission must” substitute “ an authorised member of the CMA must ”, and
(f) in sub-paragraph (13)—
(i) for “of the Commission” substitute “ of the CMA ”, and
(ii) for “as the Commission” substitute “ as an authorised member of the CMA ”.
(3) In paragraph 2—
(a) in sub-paragraph (1) for “Commission” substitute “ CMA ”,
(b) in sub-paragraph (2)(b), for “the Commission has given the Authority” substitute “ the Authority has been given ”,
(c) in sub-paragraph (3), for “Commission's” substitute “CMA's”,
(d) in sub-paragraph (4), for “Commission” substitute “ CMA ”,
(e) in sub-paragraph (5)—
(i) for “Commission's” substitute “CMA's”, and
(ii) for “Commission” substitute “ CMA ”, and
(f) in sub-paragraph (6)—
(i) in paragraph (a), for “Commission” substitute “ CMA ”, and
(ii) in paragraph (b), for “the Commission” substitute “ an authorised member of the CMA ”.
(4) In paragraph 3, in sub-paragraphs (1) and (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(5) In paragraph 4—
(a) omit sub-paragraph (1),
(b) in sub-paragraph (2)—
(i) after “group” insert “ constituted by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 for the purpose of carrying out functions of the CMA with respect to an appeal under section 11C ”, and
(ii) for “Commission” substitute “ CMA panel ”,
(c) omit sub-paragraphs (3) to (7), and
(d) in sub-paragraph (8), for “a group” substitute “ the group ”.
(6) In paragraph 5, in sub-paragraph (1)—
(a) for “The group with the function of determining an appeal” substitute “ The CMA ”, and
(b) for “determination of the appeal” substitute “ determination of an appeal ”.
(7) In paragraph 6—
(a) in sub-paragraph (1), for “Commission” (in each place where it occurs) substitute “ CMA ”,
(b) in sub-paragraph (4)—
(i) for “The Commission may take copies” substitute “ An authorised member of the CMA may, for the purpose of the exercise of the functions of the CMA, make arrangements for copies to be taken ”, and
(ii) omit “to it”, and
(c) in sub-paragraph (5), in paragraph (a), for the words from “Commission's” to the end of paragraph (a), substitute “ CMA's behalf by an authorised member of the CMA ”.
(8) In paragraph 7—
(a) in sub-paragraph (2), for “Commission” substitute “ CMA ”,
(b) in sub-paragraph (5)(a), for “the Commission is not required” substitute “ there is no requirement ”,
(c) in sub-paragraph (7), for “the Commission must pay that person” substitute “ an authorised member of the CMA must arrange for that person to be paid ”, and
(d) in sub-paragraph (8), for the words from “Commission's” to the end, substitute “ CMA's behalf by an authorised member of the CMA ”.
(9) In paragraph 8—
(a) in sub-paragraph (1), for “Commission” substitute “ CMA ”, and
(b) in sub-paragraph (4), for the words from “Commission's” to the end, substitute “ CMA's behalf by an authorised member of the CMA ”.
(10) In paragraph 9, for “Commission” substitute “ CMA ”.
(11) In paragraph 10, in sub-paragraph (1), for “a member of the Commission” substitute “ an authorised member of the CMA ”.
(12) In paragraph 11, in sub-paragraphs (1), (3) and (4), for “Commission” (in each place where it occurs) substitute “ CMA Board ”.
(13) In paragraph 12, in sub-paragraphs (1) and (2), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(14) In paragraph 13, in sub-paragraph (1)—
(a) for the definition of “authorised member of the Commission” substitute—
“authorised member of the CMA”—
(a) in relation to a power exercisable in connection with an appeal in respect of which a group has been constituted by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, means a member of that group who has been authorised by the chair of the CMA to exercise that power;
(b) in relation to a power exercisable in connection with an application for permission to bring an appeal, or otherwise in connection with an appeal in respect of which a group has not been so constituted by the chair of the CMA, means—
(i) any member of the CMA Board who is also a member of the CMA panel, or
(ii) any member of the CMA panel authorised by the Secretary of State (whether generally or specifically) to exercise the power in question.
,
(b) omit the definition of “the Chairman”,
(c) for the definition of “the Commission” substitute—
“CMA Board” and “CMA panel” have the same meaning as in Schedule 4 to the Enterprise and Regulatory Reform Act 2013;
, and
(d) omit the definition of a “group”.
Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40)
45 The Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 is amended as follows.
46 In section 26 (consideration of applications made under section 25), in subsection (3), for “Director” substitute “ CMA ”.
47 In section 31 (rules of conduct), in subsection (2), for “Director” (in each place where it occurs) substitute “ CMA ”.
48 (1) Section 40 (advisory and supervisory functions of Director) is amended as follows.
(2) In subsections (1) and (2), for “Director” (in each place where it occurs) substitute “ CMA ”.
(3) In subsection (3)—
(a) for “Director has completed his consideration he” substitute “ CMA has completed its consideration it ”, and
(b) for “as he” substitute “ as it ”.
(4) In subsection (4), for “The Director may publish any advice given by him” substitute “ The CMA may publish any advice given ”.
(5) In subsection (5)—
(a) for “Director” substitute “ CMA ”, and
(b) for “Director's” substitute “CMA's”.
(6) In the heading, for “Director” substitute “ CMA ”.
49 (1) Section 41 (investigatory powers of Director) is amended as follows.
(2) In subsection (1)—
(a) for “Director” substitute “ CMA ”, and
(b) in paragraphs (a) and (b), for “him” in each place substitute “ the CMA ”.
(3) In the heading, for “Director” substitute “ CMA ”.
50 In section 41A (enforcement of notices under section 41), in subsections (1) and (2), for “Office of Fair Trading” (in each place where it occurs) substitute “ CMA ”.
51 In section 44 (interpretation of Part 2)—
(a) after the definition of “advocate” insert—
“the CMA” means the Competition and Markets Authority;
, and
(b) omit the definition of “the OFT”.
Water Industry Act 1991 (c. 56)
52 The Water Industry Act 1991 is amended as follows.
53 (1) Section 12 (determinations under conditions of appointment) is amended as follows.
(2) In subsection (2)—
(a) for “Competition Commission” substitute “ CMA ”, and
(b) for “the Commission” substitute “ the CMA ”.
(3) In subsection (3)—
(a) for “Competition Commission” substitute “ CMA ”, and
(b) for “that Commission” (in each place where it occurs) substitute “ the CMA ”.
(4) In subsection (3A), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(5) In subsections (3B) and (3C), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
(6) After subsection (3C) insert—
(3D) The functions of the CMA with respect to a reference under this section are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (including functions relating to the making of modifications following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act 2002, as applied by subsection (3B) read with section 16B).
54 (1) Section 14 (modification references) is amended as follows.
(2) In subsection (1)—
(a) for “Competition Commission” substitute “ CMA ”, and
(b) for “the Commission” substitute “ the CMA ”.
(3) In subsection (2)—
(a) for “Competition Commission” substitute “ CMA ”, and
(b) for “the Commission” substitute “ the CMA ”.
(4) In subsection (3), for “Competition Commission” substitute “ CMA ”.
(5) In subsection (5)—
(a) for “Competition Commission” substitute “ CMA ”, and
(b) for “the Commission” (in each place where it occurs) substitute “ the CMA ”.
(6) In subsection (6), for “Competition Commission” substitute “ CMA ”.
(7) After subsection (6) insert—
(6A) The functions of the CMA with respect to a reference under this section are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (including functions relating to the making of modifications following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act 2002, as applied by sections 14B and 16B).
(8) In the heading, for “Monopolies Commission” substitute “ CMA ”.
55 In section 14A (references under section 14: time limits), in subsections (2) and (3), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
56 (1) Section 15 (reports on modification references) is amended as follows.
(2) In subsection (1), for “Competition Commission” substitute “ CMA ”.
(3) In subsection (1A)—
(a) for “Competition Commission” substitute “ CMA ”, and
(b) for the words from “in connection with the reference” to the end, substitute “ by the chair of the CMA for the purpose of carrying out the functions of the CMA with respect to the reference ”.
(4) In subsections (1B), (3) to (3C) and (4), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
57 In section 16 (modification following report), in subsections (1) and (4A), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
58 (1) Section 16A (power of veto following report) is amended as follows.
(2) In subsection (1), for the words from the beginning to “the Commission”)” substitute “ The CMA ”.
(3) In subsections (2) to (9), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(4) Omit subsection (10).
(5) In the heading, for “Commission's” substitute “CMA's”.
59 (1) Section 16B (power of veto following report: supplementary) is amended as follows.
(2) In subsections (2) to (4), (6) and (8), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(3) In the heading, for “Commission's” substitute “CMA's”.
60 In section 17 (modification by order under other enactments), in subsection (1), for “OFT, the Competition Commission” substitute “ CMA ”.
61 (1) Section 17K (water supply licences: modification references) is amended as follows.
(2) In subsection (1)—
(a) for the words from “Competition Commission” to “the Commission”)” substitute “ CMA ”, and
(b) for “Commission to” substitute “ CMA to ”.
(3) In subsections (2) to (4), (6), (7) and (9), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(4) After subsection (9) insert—
(10) The functions of the CMA with respect to a reference under this section are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (including functions relating to the making of modifications following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act 2002, as applied by sections 17M and 17Q).
(5) In the heading, for “Competition Commission” substitute “ CMA ”.
62 In section 17L (references under section 17K: time limits), in subsections (2) and (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.
63 (1) Section 17N (water supply licences: reports on modification references) is amended as follows.
(2) In subsection (1), for “Commission” substitute “ CMA ”.
(3) In subsection (2)—
(a) for “Commission” substitute CMA”, and
(b) for the words from “in connection with” to the end substitute “ by the chair of the CMA for the purpose of carrying out the functions of the CMA with respect to the reference ”.
(4) In subsections (3) to (7) and (9), for “Commission” (in each place where it occurs) substitute “ CMA ”.
64 In section 17O (water supply licences: modification following report), in subsections (1) and (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.
65 (1) Section 17P (water supply licences: power of veto following report) is amended as follows.
(2) In subsections (1) to (8) and (10) and (11), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(3) In the heading, for “Commission's” substitute “CMA's”.
66 (1) Section 17Q (section 17P: supplementary) is amended as follows.
(2) In subsections (2) to (4), (6) and (8), for “Commission” (in each place where it occurs) substitute “ CMA ”.
67 In section 17R (water supply licences: modification by order under other enactments), in subsection (1), for “OFT, the Commission” substitute “ CMA ”.
68 In section 219 (general interpretation), in subsection (1)—
(a) after the definition of “the Authority” insert—
“ “the CMA” means the Competition and Markets Authority”, and
(b) omit the definition of “the OFT”.
Railways Act 1993 (c. 43)
69 The Railways Act 1993 is amended as follows.
70 (1) Section 13 (modification references) is amended as follows.
(2) In subsection (1)—
(a) for “Competition Commission” substitute “ CMA ”, and
(b) for “the Commission” substitute “ the CMA ”.
(3) In subsection (2)—
(a) for “Competition Commission” substitute “ CMA ”, and
(b) for “the Commission” substitute “ the CMA ”.
(4) In subsection (3), for “Competition Commission” substitute “ CMA ”.
(5) In subsection (5)—
(a) for “Competition Commission” substitute “ CMA ”, and
(b) for “the Commission” substitute “ the CMA ”.
(6) In subsection (6)—
(a) for “Competition Commission” substitute “ CMA ”, and
(b) for “the Commission” (in each place where it occurs) substitute “ the CMA ”.
(7) In subsection (7), for “Competition Commission” substitute “ CMA ”.
(8) After subsection (9) insert—
(10) The functions of the CMA with respect to a reference under this section are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (including functions relating to the making of modifications following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act 2002, as applied by sections 13B and 15C).
(9) In the heading, for “Monopolies Commission” substitute “ CMA ”.
71 In section 13A (references under section 13: time limits), in subsections (2) and (3), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
72 (1) In section 13B (application of Enterprise Act 2002), in subsection (4)—
(a) for “Competition Commission” substitute “ CMA ”, and
(b) for the words from “the words” to the end, substitute
—
(a) the words “, OFCOM or the Secretary of State” were omitted; and
(b) for the words “their functions” there were substituted “ its functions ”.
73 (1) Section 14 (reports on modification references) is amended as follows.
(2) In subsection (1), for “Competition Commission” substitute “ CMA ”.
(3) In subsection (1A)—
(a) for “Competition Commission” substitute “ CMA ”, and
(b) for the words from “in connection with” to the end substitute “ by the chair of the CMA for the purpose of carrying out the functions of the CMA with respect to the reference ”.
(4) In subsections (1B), (3) to (3C) and (4), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
74 In section 15 (modification following report), in subsections (1), (4A), (4C) and (4D), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
75 (1) Section 15A (power to veto modifications following report) is amended as follows.
(2) In subsections (1) to (5), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
(3) In the heading, for “Competition Commission's” substitute “CMA's”.
76 (1) Section 15B (making of modifications) is amended as follows.
(2) In subsections (1) to (5), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
(3) In the heading, for “Competition Commission” substitute “ CMA ”.
77 (1) Section 15C (sections 15A and 15B: supplementary) is amended as follows.
(2) In subsections (2) to (2B) and (2D), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
(3) In subsection (2F), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(4) In subsection (2G)—
(a) for “Competition Commission” substitute “ CMA ”, and
(b) for the words from “the words” to the end, substitute
—
(a) the words “, OFCOM or the Secretary of State” were omitted; and
(b) for the words “their functions” there were substituted “ its functions ”.
(5) In subsections (3) and (4), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
78 In section 16 (modification by order under other enactments), in subsection (1), for “OFT, the Competition Commission” substitute “ CMA ”.
79 (1) Section 74 (annual and other reports) is amended as follows.
(2) In subsection (1)(b), for “Competition Commission's” substitute “CMA's”.
(3) Omit subsection (7).
80 In section 83 (interpretation of Part 1), in subsection (1)—
(a) before the definition of “cross-border service” insert—
“ “the CMA” means the Competition and Markets Authority;”, and
(b) omit the definition of “the OFT”.
81 (1) Schedule 4A (review of access charges by regulators) is amended as follows.
(2) In the italic cross-heading preceding paragraph 8, for “Competition Commission reference” substitute “ reference to CMA ”.
(3) In paragraph 8, in sub-paragraph (2)(b), for “Competition Commission” substitute “ CMA ”.
(4) In the italic cross-heading preceding paragraph 9, for “Competition Commission” substitute “ CMA ”.
(5) In paragraph 9—
(a) in sub-paragraphs (1), (3) to (5), and (6A) to (9), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”, and
(b) after sub-paragraph (9), insert—
(10) The functions of the CMA with respect to a reference under this paragraph are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (including functions relating to the making of changes following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act 2002, as applied by paragraphs 10A and 15).
(6) In paragraph 10A, in sub-paragraph (4)—
(a) for “Competition Commission” substitute “ CMA ”, and
(b) for the words from “the words” to the end, substitute
—
(a) the words “, OFCOM or the Secretary of State” were omitted; and
(b) for the words “their functions” there were substituted “ its functions ”.
(7) In paragraph 11—
(a) in sub-paragraph (1), for “Competition Commission” substitute “ CMA ”,
(b) in sub-paragraph (4A)—
(i) for “Competition Commission” substitute “ CMA ”, and
(ii) for the words from “in connection with” to the end substitute “ by the chair of the CMA for the purpose of carrying out the functions of the CMA with respect to the reference ”, and
(c) in sub-paragraphs (4B) to (5C) and (6), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
(8) In paragraph 12, in sub-paragraphs (1), (4B), (5), (8) and (9), for “Competition Commission” substitute “ CMA ”.
(9) In the italic cross-heading preceding paragraph 13, for “Competition Commission's” substitute “CMA's”.
(10) In paragraph 13, in sub-paragraphs (1) to (5), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
(11) In the italic cross-heading preceding paragraph 14, for “Competition Commission” substitute “ CMA ”.
(12) In paragraph 14, in sub-paragraphs (1) to (3) and (5) and (6), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
(13) In paragraph 15—
(a) in sub-paragraphs (2) to (2B) and (2D), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”,
(b) in sub-paragraph (2F), for “Commission” (in each place where it occurs) substitute “ CMA ”,
(c) in sub-paragraph (2G)—
(i) for “Competition Commission” substitute “ CMA ”, and
(ii) for the words from “the words” to the end, substitute
—
(a) the words “, OFCOM or the Secretary of State” were omitted; and
(b) for the words “their functions” there were substituted “ its functions ”.
, and
(d) in sub-paragraphs (3) and (4), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
Utilities Act 2000 (c. 27)
82 The Utilities Act 2000 is amended as follows.
83 (1) Section 5 (annual and other reports of Authority) is amended as follows.
(2) In subsection (1)(b), for “Competition Commission” substitute “ Competition and Markets Authority ”.
(3) Omit subsection (9).
84 Section 104 (specialist members of the Competition Commission) is omitted.
Transport Act 2000 (c. 38)
85 The Transport Act 2000 is amended as follows.
86 (1) Section 12 (references) is amended as follows.
(2) In subsection (1)—
(a) for “Competition Commission” substitute “ Competition and Markets Authority (referred to in this Chapter as “the CMA”) ”, and
(b) for “the Commission” substitute “ the CMA ”.
(3) In subsections (2), (3) and (5) to (8), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(4) After subsection (8) insert—
(8A) The functions of the CMA with respect to a reference under this section are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (including functions relating to the making of modifications following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act 2002, as applied by sections 12B and 18).
(5) In the heading, for “Competition Commission” substitute “ Competition and Markets Authority ”.
87 In section 12A (references under section 12: time limits), in subsections (2) and (3), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
88 In section 12B (references under section 12: application of Enterprise Act 2002), in subsection (4)—
(a) for “Competition Commission” substitute “ CMA ”, and
(b) for the words from “the words” to the end, substitute
—
(a) the words “, OFCOM or the Secretary of State” were omitted; and
(b) for the words “their functions” there were substituted “ its functions ”.
89 (1) Section 13 (reports on references) is amended as follows.
(2) In subsection (1), for “Competition Commission” substitute “ CMA ”.
(3) In subsection (1A)—
(a) for “Competition Commission” substitute “ CMA ”, and
(b) for the words from “in connection with” to the end, substitute “ by the chair of the CMA for the purpose of carrying out the functions of the CMA with respect to the reference. ”.
(4) In subsections (1B) to (2C), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
(5) In subsection (3), for “Commission” substitute “ CMA ”.
90 (1) Section 14 (modification following report) is amended as follows.
(2) In subsection (1), for “Competition Commission” substitute “ CMA ”.
(3) In subsection (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.
91 (1) Section 15 (power to give direction) is amended as follows.
(2) In subsection (1), for “Competition Commission” substitute “ CMA ”.
(3) In subsection (2), for “Commission” substitute “ CMA ”.
(4) In subsection (3)—
(a) for “Commission” substitute “ CMA ”, and
(b) for “Commission's” substitute “CMA's”.
(5) In subsections (4), (9) and (10), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(6) In the heading, for “Commission's” substitute “CMA's”.
92 (1) Section 16 (position where direction given) is amended as follows.
(2) In subsection (1), for “Competition Commission” substitute “ CMA ”.
(3) In subsection (2)—
(a) for “Commission” substitute “ CMA ”, and
(b) for “Commission's” substitute “CMA's”.
(4) In subsection (3)—
(a) for “Commission” substitute “ CMA ”, and
(b) for “Commission's” substitute “CMA's”.
(5) In subsections (4) to (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(6) In the heading, for “Commission” substitute “ CMA ”.
93 (1) Section 17 (duty as to modifications under section 16) is amended as follows.
(2) In subsection (1), for “Competition Commission” substitute “ CMA ”.
(3) In subsections (2) and (4) to (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(4) In the heading, for “Commission's” substitute “CMA's”.
94 (1) Section 18 (sections 15 and 16: general) is amended as follows.
(2) In subsections (2) to (4) and (6), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
(3) In subsection (8), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(4) In subsection (9)—
(a) for “Competition Commission” substitute “ CMA ”, and
(b) for the words from “the words” to the end, substitute
—
(a) the words “, OFCOM or the Secretary of State” were omitted; and
(b) for the words “their functions” there were substituted “ its functions ”.
95 In section 19 (modification by order under other enactments), in subsection (1), for “Office of Fair Trading, the Competition Commission” substitute “ CMA ”.
96 (1) Schedule 10 (competition test: functions and agreements relating to buses) is amended as follows.
(2) In the italic cross-heading preceding paragraph 5, for “OFT” substitute “ CMA ”.
(3) In paragraph 5—
(a) for “Office of Fair Trading” substitute “ Competition and Markets Authority ”, and
(b) for “OFT”” substitute “ CMA ””.
(4) In paragraphs 6, 7, 9, 10 and 12 to 14, for “OFT” (in each place where it occurs) substitute “ CMA ”.
(5) In paragraph 14A, in sub-paragraphs (2) to (6), for “OFT” (in each place where it occurs) substitute “ CMA ”.
(6) In paragraphs 15 and 16, for “OFT” (in each place where it occurs) substitute “ CMA ”.
Communications Act 2003 (c. 21)
97 The Communications Act 2003 is amended as follows.
98 (1) Section 193 (reference of price control matters) is amended as follows.
(2) In subsection (1), for “Competition Commission” substitute “ CMA ”.
(3) In subsection (2)—
(a) for “Competition Commission” substitute “ CMA ”,
(b) for “the Commission is to determine that matter” substitute “ the determination of the matter is to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, and is to be performed ”,
(c) in paragraph (b), for “them” substitute “ the CMA ”, and
(d) in paragraph (c), for “Commission” substitute “ CMA ”.
(4) In subsection (3)—
(a) for “Competition Commission” substitute “ CMA ”, and
(b) for “that Commission” substitute “ the CMA ”.
(5) In subsection (4), for “Competition Commission” substitute “ CMA ”.
(6) In subsection (6)—
(a) for “Competition Commission” substitute “ CMA ”, and
(b) for “that Commission” substitute “ the CMA ”.
(7) In subsections (7) and (8), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
(8) In the heading, for “Competition Commission” substitute “ CMA ”.
99 Section 194 (composition of Competition Commission for price control references) is omitted.
100 In section 197 (interpretation of Chapter 3), before the definition of “network access” insert—
“ “the CMA” means the Competition and Markets Authority;”.
Energy Act 2004 (c. 20)
101 The Energy Act 2004 is amended as follows.
102 (1) Section 173 (appeals) is amended as follows.
(2) In subsection (1)—
(a) omit “shall lie to the Competition Commission”, and
(b) after “applies” insert “ shall lie to the Competition and Markets Authority (in this Chapter referred to as “the CMA”) ”.
(3) In subsections (4) and (5), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
(4) In the heading, for “Competition Commission” substitute “ CMA ”.
103 (1) Section 174 (procedure on appeals) is amended as follows.
(2) Omit subsection (1).
(3) In subsection (2), omit “Instead,”.
(4) After subsection (2) insert—
(2A) Except where specified otherwise in Schedule 22, the functions of the CMA with respect to appeals under section 173 are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013.
104 (1) Section 175 (determination of appeals) is amended as follows.
(2) In subsections (2) to (6), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
(3) In subsection (9)—
(a) for “Competition Commission” substitute “ CMA ”, and
(b) for “the Commission” (in each place where it occurs) substitute “ the CMA ”.
(4) In subsection (10), for “Competition Commission” substitute “ CMA ”.
105 Section 176 is omitted.
106 Section 177 is omitted.
107 (1) Schedule 22 (procedure for appeals under section 173) is amended as follows.
(2) In paragraph 1—
(a) in sub-paragraph (1), for “Commission” substitute “ CMA ”,
(b) in sub-paragraph (8), for “Commission's” substitute “CMA's”,
(c) in sub-paragraph (9)—
(i) for “Commission's” substitute “CMA's”, and
(ii) for “Commission” substitute “ CMA ”, and
(d) in sub-paragraph (12), for “the Commission must” substitute “ an authorised member of the CMA must ”.
(3) In paragraph 2, in sub-paragraphs (1), (2), (5) and (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(4) In paragraph 3, in sub-paragraphs (1) and (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(5) In paragraph 4, in sub-paragraph (1), for “Commission” substitute “ CMA ”.
(6) In paragraph 5—
(a) omit sub-paragraph (1),
(b) in sub-paragraph (2)—
(i) after “group”, insert “ constituted by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 for the purpose of carrying out functions of the CMA with respect to an appeal under section 173 ”, and
(ii) for “Commission” substitute “ CMA panel ”,
(c) omit sub-paragraphs (3) to (7), and
(d) in sub-paragraph (8), for “a group” substitute “ the group ”.
(7) In paragraph 6—
(a) in sub-paragraph (1), for the words from the beginning to “that appeal” substitute “ The CMA must determine an appeal ”,
(b) in sub-paragraph (2)—
(i) for “group with the function of determining an appeal” substitute “ CMA ”, and
(ii) after “requirements” insert “ in respect of an appeal ”, and
(c) in sub-paragraph (3), for “Commission” substitute “ CMA ”.
(8) In paragraph 7—
(a) for “The group with the function of determining an appeal” substitute “ The CMA ”, and
(b) for “determination of the appeal” substitute “ determination of an appeal ”.
(9) In paragraph 8—
(a) in sub-paragraph (1), for “Commission” (in each place where it occurs) substitute “ CMA ”,
(b) in sub-paragraph (4)—
(i) for “The Commission may take copies” substitute “ An authorised member of the CMA may, for the purpose of the exercise of the functions of the CMA, make arrangements for copies to be taken ”, and
(ii) omit “to it”, and
(c) in sub-paragraph (5), for the words from “Commission's” to the end, substitute “ CMA's behalf by an authorised member of the CMA ”.
(10) In paragraph 9—
(a) in sub-paragraph (2), for “Commission” substitute “ CMA ”,
(b) in sub-paragraph (5)(a), for “the Commission is not required” substitute “ there is no requirement ”,
(c) in sub-paragraph (7), for “the Commission must pay him” substitute “ an authorised member of the CMA must arrange for that person to be paid ”, and
(d) in sub-paragraph (8), for the words from “Commission's” to the end, substitute “ CMA's behalf by an authorised member of the CMA ”.
(11) In paragraph 10—
(a) in sub-paragraph (1), for “Commission” substitute “ CMA ”, and
(b) in sub-paragraph (4), for the words from “Commission's” to the end, substitute “ CMA's behalf by an authorised member of the CMA ”
(12) In paragraph 11, in sub-paragraph (1), for “a member of the Commission” substitute “ an authorised member of the CMA ”.
(13) In paragraph 12, in sub-paragraphs (1), (3) and (4), for “Commission” (in each place where it occurs) substitute “ CMA Board ”.
(14) In paragraph 13, in sub-paragraph (1), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(15) In paragraph 15, in sub-paragraph (1)—
(a) for the definition of “authorised member of the Commission” substitute—
“authorised member of the CMA”—
(a) in relation to a power exercisable in connection with an appeal in respect of which a group has been constituted by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, means a member of that group who has been authorised by the chair of the CMA to exercise that power;
(b) in relation to a power exercisable in connection with an application for permission to bring an appeal, or otherwise in connection with an appeal in respect of which a group has not been so constituted by the chair of the CMA, means—
(i) any member of the CMA Board who is also a member of the CMA panel, or
(ii) any member of the CMA panel authorised by the Secretary of State (whether generally or specifically) to exercise the power in question.
,
(b) omit the definition of “the Chairman”,
(c) for the definition of “the Commission” substitute—
“the CMA” means the Competition and Markets Authority;”
“CMA Board” and “CMA panel” have the same meaning as in Schedule 4 to the Enterprise and Regulatory Reform Act 2013;
, and
(d) omit the definition of “a group”.
Legal Services Act 2007 (c. 29)
108 The Legal Services Act 2007 is amended as follows.
109 (1) Section 57 (reports) is amended as follows.
(2) In subsection (1), for “OFT” (in each place where it occurs) substitute “ CMA ”.
(3) In subsection (2), for “OFT's” substitute “CMA's”.
(4) In subsections (3) to (6), for “OFT” (in each place where it occurs) substitute “ CMA ”.
(5) In the heading, for “OFT” substitute “ CMA ”.
110 (1) Section 58 (Board's response to report) is amended as follows.
(2) In subsection (1), for “OFT” substitute “ CMA ”.
(3) In subsections (2) and (3), for “OFT's” (in each place where it occurs) substitute “CMA's”.
(4) In subsection (4), for “OFT” substitute “ CMA ”.
(5) In the heading, for “OFT” substitute “ CMA ”.
111 (1) Section 59 (referral of report by Lord Chancellor) is amended as follows.
(2) In subsections (1) to (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.
(3) In subsection (4), for the words from “must” to “its advice” substitute “ must make a reference to the chair of the CMA for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, for the purpose of advising the Lord Chancellor ”.
(4) After subsection (4), insert—
(5) Where a reference is made to the chair of the CMA under this section for the constitution of a group, the functions of the CMA under section 60, in relation to the matter concerned, are to be carried out on behalf of the CMA by the group so constituted (including functions under sections 109 to 115 of the Enterprise Act 2002, as applied by section 60(9)).
(5) In the heading, omit “to the Competition Commission”.
112 (1) Section 60 (duties of the Competition Commission) is amended as follows.
(2) In subsection (1), for the words from “seeks” to “the Commission” substitute “ makes a reference under section 59, the CMA ”.
(3) In subsection (2), for “The Commission must then make its own report” substitute “ The CMA must then make a report ”.
(4) In subsection (3), for “Commission” substitute “ CMA ”.
(5) In subsection (4)—
(a) for “Commission” substitute “ CMA ”, and
(b) for the words from “it receives” to the end substitute “ the reference in question is made to the chair of the CMA under section 59 ”.
(6) In subsection (5), for “Commission's” substitute “CMA's”.
(7) In subsection (6)—
(a) for “Commission's” substitute “CMA's, and
(b) for “Commission” (in each place where it occurs) substitute “ CMA ”.
(8) In subsection (7), for “Commission” substitute “ CMA ”.
(9) In subsection (8)—
(a) for “Commission's” substitute “CMA's, and
(b) for “Commission” substitute “ CMA ”.
(10) In subsection (9)—
(a) in the words before paragraph (a), for “to the Commission” substitute “ to the CMA ”, and
(b) in paragraph (b), for “Commission” substitute “ CMA ”.
(11) In subsection (10)—
(a) for “Commission” substitute “ CMA ”, and
(b) for “OFT's report” substitute “ report made by the CMA under section 57 ”.
(12) In the heading, for “Competition Commission” substitute “ CMA ”.
113 (1) Section 61 (Lord Chancellor's power to give directions) is amended as follows.
(2) In subsection (1), for “OFT” substitute “ CMA ”.
(3) In subsection (2), for “Competition Commission” substitute “ CMA ”.
114 In section 66 (Board's power to recommend orders), in subsection (3)(b), for “OFT” substitute “ CMA ”.
115 In section 67 (effect of Board's designation as approved regulator), in subsection (3), for “OFT” substitute “ CMA ”.
116 In section 207 (interpretation), in subsection (1)—
(a) after the definition of “barrister” insert—
the CMA” means the Competition and Markets Authority;
, and
(b) omit the definition of “the OFT”.
117 (1) Schedule 4 (approved regulators) is amended as follows.
(2) In paragraph 5, in sub-paragraph (2)(a), for “OFT” substitute “ CMA ”.
(3) In the italic cross-heading preceding paragraph 6, for “Office of Fair Trading” substitute “ Competition and Markets Authority ”.
(4) In paragraph 6, in sub-paragraphs (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
(5) In paragraph 15, in sub-paragraph (5)(a), for “OFT” substitute “ CMA ”.
118 (1) Schedule 6 (alteration of reserved legal activities) is amended as follows.
(2) In paragraph 3, in sub-paragraph (1)(b), for “OFT” substitute “ CMA ”.
(3) In paragraph 5, in sub-paragraphs (1) to (4), for “OFT” (in each place where it occurs) substitute “ CMA ”.
(4) In paragraph 8, in sub-paragraph (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.
(5) In paragraph 9, in sub-paragraph (2)(b), for “OFT” substitute “ CMA ”.
(6) In paragraph 11, in sub-paragraph (4)(a), for “OFT” substitute “ CMA ”.
(7) In paragraph 17, in sub-paragraph (4)(a), for “OFT” substitute “ CMA ”.
119 (1) Schedule 7 (directions: procedure) is amended as follows.
(2) In paragraph 3, in sub-paragraph (2)(b), for “OFT” substitute “ CMA ”.
(3) In the italic cross-heading preceding paragraph 5, for “Office of Fair Trading” substitute “ Competition and Markets Authority ”.
(4) In paragraph 5, in sub-paragraphs (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
120 (1) Schedule 8 (intervention directions: procedure) is amended as follows.
(2) In paragraph 3, in sub-paragraph (2)(b), for “OFT” substitute “ CMA ”.
(3) In the italic cross-heading preceding paragraph 5, for “Office of Fair Trading” substitute “ Competition and Markets Authority ”.
(4) In paragraph 5, in sub-paragraphs (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
(5) In paragraph 14, in sub-paragraph (3)(b), for “OFT” substitute “ CMA ”.
(6) In the italic cross-heading preceding paragraph 16, for “Office of Fair Trading” substitute “ Competition and Markets Authority ”.
(7) In paragraph 16, in sub-paragraphs (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
121 (1) Schedule 9 (cancellation of designation as approved regulator) is amended as follows.
(2) In paragraph 3, in sub-paragraph (2)(a), for “OFT” substitute “ CMA ”.
(3) In the italic cross-heading preceding paragraph 4, for “Office of Fair Trading” substitute “ Competition and Markets Authority ”.
(4) In paragraph 4, in sub-paragraphs (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
122 (1) Schedule 10 (designation of approved regulators as licensing authorities) is amended as follows.
(2) In paragraph 3, in sub-paragraph (2)(a), for “OFT” substitute “ CMA ”.
(3) In the italic cross-heading preceding paragraph 4, for “Office of Fair Trading” substitute “ Competition and Markets Authority ”.
(4) In paragraph 4, in sub-paragraphs (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
(5) In paragraph 13, in sub-paragraph (5)(a), for “OFT” substitute “ CMA ”.
(6) In paragraph 19, in sub-paragraph (2)(a), for “OFT” substitute “ CMA ”.
(7) In the italic cross-heading preceding paragraph 20, for “Office of Fair Trading” substitute “ Competition and Markets Authority ”.
(8) In paragraph 20, in sub-paragraphs (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
123 In Schedule 24 (index of defined expressions)—
(a) at the appropriate place insert—
CMA | section 207
, and
(b) omit the reference to the OFT.
Postal Services Act 2011 (c. 5)
124 The Postal Services Act 2011 is amended as follows.
125 (1) Section 59 (price control decisions) is amended as follows.
(2) In subsection (3), for “Competition Commission (“the Commission”)” substitute “ Competition and Markets Authority (“the CMA”) ”.
(3) In subsections (5) to (12), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(4) After subsection (12) insert—
(12A) The CMA's functions with respect to an appeal under this section are to be carried out on its behalf by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013
.
126 In section 60 (section 59: supplementary), in subsections (1) and (4) to (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.
Health and Social Care Act 2012 (c. 7)
127 The Health and Social Care Act 2012 is amended as follows.
128 (1) Section 101 (licence condition modification references) is amended as follows.
(2) In subsection (2)—
(a) for “Competition Commission” substitute “ CMA ”, and
(b) for “the Commission” substitute “ the CMA ”.
(3) In subsection (4)—
(a) for “Competition Commission” substitute “ CMA ”, and
(b) for “the Commission” substitute “ the CMA ”.
(4) After subsection (4) insert—
(4A) The functions of the CMA with respect to a reference under this section are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (including functions relating to the making of changes following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act 2002, as applied by paragraph 10 of Schedule 10).
(5) In subsections (5) and (6), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
(6) In the heading, for “Competition Commission” substitute “ CMA ”.
129 In section 102 (modification of conditions by order under other enactments), in subsection (1), for “Office of Fair Trading, Competition Commission” substitute “ CMA ”.
130 In section 103 (standard condition as to transparency of certain criteria), in subsection (3)—
(a) in paragraph (b), for “Competition Commission” substitute “ CMA ”, and
(b) in paragraph (c), for “Office of Fair Trading, Competition Commission” substitute “ CMA ”.
131 (1) Section 120 (responses to consultation on proposals for national tariff) is amended as follows.
(2) In subsections (1) and (4), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
(3) In subsection (5), omit the words from the beginning to “instead,”.
(4) After subsection (5), insert—
(5A) Except where specified otherwise in Schedule 12, the functions of the CMA with respect to a reference under this section (including functions relating to the making of changes following a determination on a reference) are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013.
132 (1) Section 121 (determination on reference under section 120) is amended as follows.
(2) In subsections (1) to (3), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
(3) In subsections (4) to (6) and (8) to (10), for “Commission” (in each place where it occurs) substitute “ CMA ”.
133 In section 122 (changes following determination on reference under section 120), in subsections (1) and (2), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
134 (1) Section 123 (power to veto changes proposed under section 122) is amended as follows.
(2) In subsection (1), for “Competition Commission” substitute “ CMA ”.
(3) In subsection (3), for “Commission” substitute “ CMA ”.
(4) In subsection (4), for “Competition Commission” substitute “ CMA ”.
(5) In subsections (5) to (7), for “Commission” (in each place where it occurs) substitute “ CMA ”.
135 (1) Section 142 (responses to consultation on proposal to impose a levy) is amended as follows.
(2) In subsections (1) and (4), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
(3) After subsection (4) insert—
(4A) The functions of the CMA with respect to a reference under this section are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (including functions relating to the making of changes following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act 2002, as applied by paragraph 10 of Schedule 10).
(4) In subsections (5) and (7), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
136 (1) Section 149 (electronic communications) is amended as follows.
(2) In subsection (2)—
(a) for “Competition Commission” substitute “ CMA ”, and
(b) for “the Commission” substitute “ the CMA ”.
(3) In subsections (3) and (4), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
137 In section 150 (interpretation etc. of Part 3), in subsection (1), after the definition of “anti-competitive behaviour” insert—
“the CMA” means the Competition and Markets Authority;
.
138 (1) Schedule 10 (references by Monitor under section 101 or 142) is amended as follows.
(2) In the heading, for “Competition Commission” substitute “ CMA ”.
(3) In paragraph 1—
(a) in sub-paragraph (1), for “Competition Commission” substitute “ CMA ”, and
(b) in sub-paragraph (2), for “the Commission” substitute “ the CMA ”.
(4) In paragraph 2, for “Competition Commission” substitute “ CMA ”.
(5) In paragraph 4—
(a) in sub-paragraph (1)—
(i) for “Competition Commission” substitute “ CMA ”, and
(ii) for “the Commission” (in each place where it occurs) substitute “ the CMA ”, and
(b) in sub-paragraph (2), for “Commission” substitute “ CMA ”.
(6) In paragraph 5—
(a) in sub-paragraph (1), for “Competition Commission” substitute “ CMA ”,
(b) in sub-paragraph (3), for “Commission” substitute “ CMA ”, and
(c) in sub-paragraph (4), for “Competition Commission” substitute “ CMA ”.
(7) In paragraph 6—
(a) in sub-paragraph (1), for “Competition Commission” substitute “ CMA ”,
(b) in sub-paragraph (2)—
(i) for “Commission” substitute “ CMA ”, and
(ii) for the words from “in connection with” to the end substitute “ by the chair of the CMA for the purpose of carrying out the functions of the CMA with respect to the reference ”, and
(c) in sub-paragraph (4), for “Commission” substitute “ CMA ”.
(8) In paragraph 7, in sub-paragraphs (1) and (8), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
(9) In the italic cross-heading preceding paragraph 8, for “Competition Commission's” substitute “CMA's”.
(10) In paragraph 8—
(a) in sub-paragraph (1), for “Competition Commission” substitute “ CMA ”, and
(b) in sub-paragraphs (3) to (5), (7), (8) and (10) to (12), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(11) In paragraph 9—
(a) in sub-paragraph (1), for “Competition Commission” substitute “ CMA ”, and
(b) in sub-paragraphs (2) and (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(12) In paragraph 10, in sub-paragraph (2), for “Competition Commission” substitute “ CMA ”.
139 (1) Schedule 12 (procedure on references under section 120) is amended as follows.
(2) In paragraph 2, in sub-paragraph (1), for “Competition Commission” substitute “ CMA ”.
(3) In the italic cross-heading preceding paragraph 3, for “Commission” substitute “ CMA ”.
(4) In paragraph 3—
(a) omit sub-paragraph (1),
(b) in sub-paragraph (2)—
(i) for “selected under this paragraph” substitute “ constituted by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 for the purpose of carrying out functions of the CMA with respect to a reference under section 120 ”, and
(ii) for “Commission” substitute “ CMA panel ”,
(c) omit sub-paragraphs (3) to (6), and
(d) in sub-paragraph (7), for “a group” substitute “ the group ”.
(5) In paragraph 4—
(a) in sub-paragraph (1), for the words from the beginning to “the determination” substitute “ The CMA must make its determination on a reference ”,
(b) in sub-paragraph (2), for “that group” substitute “ the CMA ”, and
(c) in sub-paragraph (3), for “Competition Commission” substitute “ CMA ”.
(6) In paragraph 5, in sub-paragraph (1)—
(a) for “group with the function of determining a reference” substitute “ CMA ”, and
(b) for “of the appeal” substitute “ on a reference ”.
(7) In paragraph 6, in sub-paragraphs (1) and (3), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
(8) In paragraph 7—
(a) in sub-paragraph (1), for “a group with the function of making a determination on a reference under section 120” substitute “ the CMA ”,
(b) in sub-paragraph (2), for “A group with that function” substitute “ The CMA ”,
(c) in sub-paragraph (3), for “Competition Commission” substitute “ CMA ”,
(d) in sub-paragraph (4)—
(i) for “Competition Commission” substitute “ CMA ”, and
(ii) in paragraph (b), after “evidence” insert “ to it ” and omit “to a group with that function”,
(e) in sub-paragraph (5), for “group conducting the hearing” substitute “ CMA ”,
(f) in sub-paragraph (8)—
(i) in paragraph (a), for “Competition Commission” substitute “ CMA ”, and
(ii) in paragraph (b), for “group conducting the hearing” substitute “ CMA ”, and
(g) in sub-paragraph (9), for “Competition Commission” substitute “ CMA ”.
(9) In paragraph 8, in sub-paragraph (1)—
(a) for “Commission” substitute “ CMA ”, and
(b) for “a group with the function of making a determination on a reference under section 120” substitute “ the CMA ”.
(10) In paragraph 9, in sub-paragraph (2), for “Commission” substitute “ group constituted for the purpose of carrying out functions of the CMA with respect to the reference to which the notice or requirement relates ”.
(11) In paragraph 10, in sub-paragraph (2) for the words from “Competition Commission's” to the end substitute “ CMA's behalf by a member of the group constituted for the purpose of carrying out functions of the CMA with respect to the reference to which the notice relates ”.
(12) In paragraph 11—
(a) in sub-paragraph (1), for “Competition Commission” substitute “ CMA Board ”, and
(b) in sub-paragraphs (4) and (5), for “Commission” substitute “ CMA Board ”.
(13) In paragraph 12—
(a) for sub-paragraph (1) substitute—
(1) Where the CMA makes a determination on a reference under section 120 it must make an order requiring the payment to it of the costs it incurred in connection with the reference.
, and
(b) in sub-paragraph (5)—
(i) for “The group that makes a determination on a reference under section 120” substitute “ The CMA ”, and
(ii) for “the determination” substitute “ a determination on a reference under section 120 ”.
Civil Aviation Act 2012 (c. 19)
140 The Civil Aviation Act 2012 is amended as follows.
141 (1) Section 24 (appeals: conditions of new licences) is amended as follows.
(2) In subsections (1), (3) and (5), for “Competition Commission” (in each place where it occurs) substitute “ Competition and Markets Authority ”.
(3) In the heading, for “Competition Commission” substitute “ Competition and Markets Authority ”.
142 (1) Section 25 (appeals: modification of licence conditions) is amended as follows.
(2) In subsections (1), (3), (5) and (7), for “Competition Commission” (in each place where it occurs) substitute “ Competition and Markets Authority ”.
(3) In the heading, for “Competition Commission” substitute “ Competition and Markets Authority ”.
143 In section 26 (when appeals may be allowed), for “Competition Commission” substitute “ Competition and Markets Authority ”.
144 (1) Section 27 (determination of appeal) is amended as follows.
(2) In subsection (1) for “Competition Commission” substitute “ Competition and Markets Authority ”.
(3) In subsection (2)—
(a) for “Competition Commission” substitute “ Competition and Markets Authority ”, and
(b) for “the Commission” substitute “ the Competition and Markets Authority ”.
(4) In subsection (4)—
(a) for “Competition Commission” substitute “ Competition and Markets Authority ”, and
(b) for “the Commission” substitute “ the Competition and Markets Authority ”.
(5) In subsection (5), for “Competition Commission” substitute “ Competition and Markets Authority ”.
145 (1) Section 28 (determination of appeal: time limits) is amended as follows.
(2) In subsections (1), (3) and (4), for “Competition Commission” (in each place where it occurs) substitute “ Competition and Markets Authority ”.
(3) In subsection (5)—
(a) for “Competition Commission” substitute “ Competition and Markets Authority ”, and
(b) for “the Commission” substitute “ the Competition and Markets Authority ”.
(4) In subsections (6) to (8), for “Competition Commission” (in each place where it occurs) substitute “ Competition and Markets Authority ”.
146 (1) Section 29 (determination of appeal: publication etc) is amended as follows.
(2) In subsection (1)—
(a) for “Competition Commission” substitute “ Competition and Markets Authority ”, and
(b) for “the Commission” substitute “ the Competition and Markets Authority ”.
(3) In subsections (3) and (4), for “Competition Commission” (in each place where it occurs) substitute “ Competition and Markets Authority ”.
(4) In subsection (5)—
(a) for “Competition Commission” substitute “ Competition and Markets Authority ” and
(b) for “Commission's opinion” (in each place where those words occur) substitute “ opinion of the Competition and Markets Authority ”.
147 (1) Section 30 (procedure on appeals) is amended as follows.
(2) In subsection (2), for “Competition Commission” substitute “ Competition and Markets Authority ”.
(3) For subsection (4) substitute—
(4) Except where specified otherwise in Schedule 2, the functions of the Competition and Markets Authority with respect to an appeal under section 24 or 25 are to be carried out on behalf of the Competition and Markets Authority by a group constituted for the purpose, by the chair of the Competition and Markets Authority, under Schedule 4 to the Enterprise and Regulatory Reform Act 2013.
148 (1) Schedule 2 (appeals under sections 24 and 25) is amended as follows.
(2) In paragraph 2—
(a) in sub-paragraph (1)—
(i) for “Competition Commission's decision” substitute “ decision of the Competition and Markets Authority ”, and
(ii) for “the Commission” substitute “ the Competition and Markets Authority ”,
(b) in sub-paragraphs (5) and (6), for “Competition Commission” (in each place where it occurs) substitute “ Competition and Markets Authority ”,
(c) in sub-paragraph (7), for “The Competition Commission” substitute “ An authorised member of the Competition and Markets Authority ”, and
(d) in sub-paragraph (8), in paragraph (d), for “Commission” substitute “ authorised member ”.
(3) In paragraph 3, in sub-paragraph (1), for “Competition Commission” substitute “ Competition and Markets Authority ”.
(4) In paragraph 4—
(a) in sub-paragraph (1), for “Competition Commission” substitute “ Competition and Markets Authority ”,
(b) in sub-paragraph (2), for “on which the Competition Commission publishes its” substitute “of publication of the Competition and Markets Authority's”, and
(c) in sub-paragraph (3), for “Competition Commission” substitute “ Competition and Markets Authority ”.
(5) In paragraph 5—
(a) in sub-paragraph (1)—
(i) for “Competition Commission's decision” substitute “ decision of the Competition and Markets Authority ”, and
(ii) for “the Commission” substitute “ the Competition and Markets Authority ”,
(b) in sub-paragraph (2), for “Competition Commission” substitute “ Competition and Markets Authority ”,
(c) in sub-paragraph (4), for “The Competition Commission must” substitute “ An authorised member of the Competition and Markets Authority must ”, and
(d) in sub-paragraph (5), in paragraph (d), for “Commission” substitute “ authorised member ”.
(6) In paragraph 6, in sub-paragraph (3), for “Competition Commission” substitute “ Competition and Markets Authority ”.
(7) In paragraph 7, in sub-paragraph (3), for “Competition Commission” substitute “ Competition and Markets Authority ”.
(8) In paragraph 8, in sub-paragraph (3), for “Competition Commission” substitute “ Competition and Markets Authority ”.
(9) In paragraph 9, in sub-paragraph (1), for “Competition Commission” substitute “ Competition and Markets Authority ”.
(10) In paragraph 10, in sub-paragraph (3), for “Competition Commission's decision” substitute “ decision of the Competition and Markets Authority ”.
(11) In paragraph 11—
(a) in sub-paragraph (1)—
(i) for “Competition Commission's functions” substitute “ functions of the Competition and Markets Authority ”, and
(ii) for “the Commission” substitute “ the Competition and Markets Authority ”,
(b) in sub-paragraph (2), for “Competition Commission” substitute “ Competition and Markets Authority ”, and
(c) in sub-paragraph (4)—
(i) for “The Competition Commission” substitute “ An authorised member of the Competition and Markets Authority ”, and
(ii) for first “it” substitute “ he or she ”.
(12) In paragraph 12, in sub-paragraph (1), for “Competition Commission” substitute “ Competition and Markets Authority ”.
(13) In paragraph 13, in sub-paragraph (3), for “Competition Commission's decision” substitute “ decision of the Competition and Markets Authority ”.
(14) In paragraph 14—
(a) in sub-paragraph (1)—
(i) for “Competition Commission's functions” substitute “ functions of the Competition and Markets Authority ”, and
(ii) for “the Commission” substitute “ the Competition and Markets Authority ”,
(b) in sub-paragraph (2), for “Competition Commission” substitute “ Competition and Markets Authority ”, and
(c) in sub-paragraph (4)—
(i) for “The Competition Commission” substitute “ An authorised member of the Competition and Markets Authority ”, and
(ii) for first “it” substitute “ he or she ”.
(15) In paragraph 15—
(a) in sub-paragraph (1), for “The Competition Commission must” substitute “ An authorised member of the Competition and Markets Authority must ”,
(b) in sub-paragraph (2), for “the Competition Commission must comply with sub-paragraph (1)” substitute “ the requirements of sub-paragraph (1) must be complied with ”,
(c) in sub-paragraph (3), for “The Competition Commission must” substitute “ An authorised member of the Competition and Markets Authority must ”, and
(d) in sub-paragraph (4), in paragraph (d), for “Commission” substitute “ authorised member ”.
(16) In paragraph 16—
(a) in sub-paragraph (1), for “Competition Commission” substitute “ Competition and Markets Authority ”, and
(b) in sub-paragraph (4), in paragraph (a), for “the Competition Commission” substitute “ an authorised member of the Competition and Markets Authority ”.
(17) In paragraph 17—
(a) omit sub-paragraph (1),
(b) in sub-paragraph (2)—
(i) for “The group” substitute “ A group constituted by the chair of the Competition and Markets Authority, under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, for the purpose of carrying out functions of the Competition and Markets Authority with respect to an appeal under section 24 or 25 ”, and
(ii) for “Competition Commission” substitute “ CMA panel ”, and
(c) omit sub-paragraphs (3) and (4).
(18) Omit paragraph 18.
(19) In paragraph 19, in sub-paragraph (1), for “Competition Commission” substitute “ Competition and Markets Authority ”.
(20) In paragraph 20—
(a) in sub-paragraph (1)—
(i) for “A group with the function of determining an appeal” substitute “ The Competition and Markets Authority ”,
(ii) for “the appeal” substitute “ an appeal ”, and
(iii) for “Competition Commission” substitute “ Competition and Markets Authority ”,
(b) in sub-paragraph (3)—
(i) for “A group with the function of determining an appeal” substitute “ The Competition and Markets Authority ”, and
(ii) for “the appeal” substitute “ an appeal ”, and
(c) in sub-paragraph (4)—
(i) for “A group with the function of determining an appeal” substitute “ The Competition and Markets Authority ”, and
(ii) for “the appeal” substitute “ an appeal ”.
(21) In paragraph 21, in sub-paragraph (1), for “Competition Commission” substitute “ Competition and Markets Authority ”.
(22) In paragraph 22—
(a) in sub-paragraphs (1) and (2), for “Competition Commission” (in each place where it occurs) substitute “ Competition and Markets Authority ”,
(b) in sub-paragraph (3), for “Competition Commission's decision” substitute “ decision of the Competition and Markets Authority ”,
(c) in sub-paragraph (4)—
(i) for “Competition Commission's decision” substitute “ decision of the Competition and Markets Authority ”, and
(ii) for “the Commission” substitute “ the Competition and Markets Authority ”,
(d) in sub-paragraphs (5) and (6), for “Competition Commission” (in each place where it occurs) substitute “ Competition and Markets Authority ”,
(e) in sub-paragraph (7)—
(i) for “Competition Commission's decision” substitute “ decision of the Competition and Markets Authority ”, and
(ii) for “Commission” (in each place where it occurs) substitute “ Competition and Markets Authority ”, and
(f) in sub-paragraph (9)—
(i) for “Competition Commission's decision” substitute “ decision of the Competition and Markets Authority ”, and
(ii) for “Commission” (in each place where it occurs) substitute “ Competition and Markets Authority ”.
(23) In paragraph 23, in sub-paragraph (1), for “Competition Commission” substitute “ Competition and Markets Authority ”.
(24) In paragraph 24—
(a) in sub-paragraph (1)—
(i) for “Competition Commission” substitute “ Competition and Markets Authority ”, and
(ii) for “the Commission” substitute “ the Competition and Markets Authority ”, and
(b) in sub-paragraph (4), for the words from “on the” to the end substitute “ on behalf of the Competition and Markets Authority by an authorised member of the Competition and Markets Authority ”.
(25) In paragraph 25—
(a) in sub-paragraph (1), for “Competition Commission” (in each place where it occurs) substitute “ Competition and Markets Authority ”,
(b) in sub-paragraph (3), for “The Competition Commission” substitute “ An authorised member of the Competition and Markets Authority ”,
(c) in sub-paragraph (7), in paragraph (a), for “the Competition Commission is not required” substitute “ there is no requirement ”,
(d) in sub-paragraph (9), for “the Competition Commission must pay the person” substitute “ an authorised member of the Competition and Markets Authority must arrange for the person to be paid ”, and
(e) in sub-paragraph (10), for the words from “on the” to the end substitute “ on behalf of the Competition and Markets Authority by an authorised member of the Competition and Markets Authority ”.
(26) In paragraph 26—
(a) in sub-paragraph (1), for “Competition Commission” (in each place where it occurs) substitute “ Competition and Markets Authority ”, and
(b) in sub-paragraph (5), for the words from “on the” to the end substitute “ on behalf of the Competition and Markets Authority by an authorised member of the Competition and Markets Authority ”.
(27) In paragraph 27, for “Competition Commission” substitute “ Competition and Markets Authority ”.
(28) In paragraph 28, in sub-paragraph (2), for “A member of the Competition Commission” substitute “ An authorised member of the Competition and Markets Authority ”.
(29) In paragraph 30—
(a) in sub-paragraphs (1) to (4), for “the Competition Commission” (in each place where it occurs) substitute “ the Competition and Markets Authority ”,
(b) after sub-paragraph (4), insert—
(4A) For the purposes of sub-paragraphs (1) to (4), the consent of the Competition and Markets Authority is to be given by an authorised member of the Competition and Markets Authority.
, and
(c) in sub-paragraph (6), for “Competition Commission” substitute “ Competition and Markets Authority ”.
(30) In paragraph 31, in sub-paragraphs (1), (5) and (6), for “Competition Commission” (in each place where it occurs) substitute “ CMA Board ”.
(31) In paragraph 32—
(a) in sub-paragraph (1)—
(i) for “Competition Commission” substitute “ Competition and Markets Authority ”, and
(ii) for “the Commission” substitute “ the Competition and Markets Authority ”,
(b) in sub-paragraph (2)—
(i) for “Competition Commission” substitute “ Competition and Markets Authority ”, and
(ii) for “the Commission” substitute “ the Competition and Markets Authority ”, and
(c) in sub-paragraphs (3) and (4), for “Competition Commission” (in each place where it occurs) substitute “ group ”.
(32) In paragraph 34—
(a) for “Competition Commission” substitute “ Competition and Markets Authority or a member of the Competition and Markets Authority ”, and
(b) “it must publish or send it” substitute “it must be published or sent”.
(33) In paragraph 35, in sub-paragraph (1)—
(a) for the definition of “authorised member of the Competition Commission” substitute—
“authorised member of the Competition and Markets Authority—
(a) in relation to a power exercisable in connection with an appeal or application or direction in respect of which a group has been constituted by the chair of the Competition and Markets Authority under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, means a member of that group who has been authorised by the chair of the Competition and Markets Authority to exercise that power;
(b) in relation to a power exercisable in connection with an application for permission to bring an appeal, or otherwise in connection with an appeal or application or direction in respect of which a group has not been so constituted by the chair of the Competition and Markets Authority, means—
(i) any member of the CMA Board who is also a member of the CMA panel, or
(ii) any member of the CMA panel authorised by the Secretary of State (whether generally or specifically) to exercise the power in question;
,
(b) omit the definition of “Chairman”,
(c) omit the definition of “a group”, and
(d) before the definition of “intervener” insert—
“CMA Board” and “CMA panel” have the same meaning as in Schedule 4 to the Enterprise and Regulatory Reform Act 2013;
.
PART 2 Amendments to other enactments
Electricity (Northern Ireland) Order 1992 (SI 1992/231 (N.I. 1))
149 The Electricity (Northern Ireland) Order 1992 is amended as follows.
150 In article 2 (interpretation), in paragraph (2), before the definition of “the Department” insert—
“ “the CMA” means the Competition and Markets Authority;”.
151 (1) Article 15 (modification references) is amended as follows.
(2) In paragraph (1)—
(a) for “Competition Commission” substitute “ CMA ”, and
(b) for “the Commission” substitute “ the CMA ”.
(3) In paragraph (2)—
(a) for “Competition Commission” substitute “ CMA ”, and
(b) for “the Commission” substitute “ the CMA ”.
(4) In paragraph (3), for “Competition Commission” substitute “ CMA ”.
(5) In paragraph (5)—
(a) for “Competition Commission” substitute “ CMA ”, and
(b) for “the Commission” substitute “ the CMA ”.
(6) In paragraph (6)—
(a) for “Competition Commission” substitute “ CMA ”, and
(b) for “the Commission” (in each place where it occurs) substitute “ the CMA ”.
(7) In paragraph (7), for “Competition Commission” substitute “ CMA ”.
(8) After paragraph (7) insert—
(7A) The functions of the CMA with respect to a reference under this Article are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (including functions relating to the making of modifications following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act 2002, as applied by Articles 15B and 17A).
(9) In paragraph (9), for the words from “members” to the end substitute “ persons to membership of the CMA for the purpose of being available for selection as members of a group constituted to carry out functions on behalf of the CMA with respect to a reference under this Article ”.
(10) In paragraph (9A), for “selecting” substitute “ constituting ”.
(11) In the heading, for “Monopolies Commission” substitute “ CMA ”.
152 In article 15A (references under article 15: time limits), in paragraphs (2) and (3), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
153 (1) Article 16 (reports on modification references) is amended as follows.
(2) In paragraph (1), for “Competition Commission” substitute “ CMA ”.
(3) In paragraph (1A)—
(a) for “Competition Commission” substitute “ CMA ”, and
(b) for the words from “in connection with” to the end substitute “ by the chair of the CMA for the purpose of carrying out the functions of the CMA with respect to the reference ”.
(4) In paragraphs (1B), (3) to (3C) and (4), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
154 In article 17 (modification following report), in paragraphs (1) and (5), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
155 (1) Article 17A (power to veto modifications following report) is amended as follows.
(2) In paragraph (1), for the words from the beginning to “Commission”)” substitute “ The CMA ”.
(3) In paragraphs (2) to (8), (10) to (12), (14) and (16), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(4) In the heading, for “Competition Commission's” substitute “CMA's”.
156 In article 18 (modification by order under other statutory provisions), in paragraph (1), for “Office of Fair Trading, the Competition Commission” substitute “ CMA ”.
157 (1) Article 53 (annual and other reports) is amended as follows.
(2) In paragraph (1)(a)(ii), for “Competition Commission” substitute “CMA's”.
(3) Omit paragraph (6).
Gas (Northern Ireland) Order 1996 (SI 1996/275 (N.I.2))
158 The Gas (Northern Ireland) Order 1996 is amended as follows.
159 In article 2 (interpretation), in paragraph (2), before the definition of “construction” insert—
“the CMA” means the Competition and Markets Authority;
.
160 (1) Article 15 (modification references) is amended as follows.
(2) In paragraph (1)—
(a) for “Competition Commission” substitute “ CMA ”, and
(b) for “the Commission” substitute “ the CMA ”.
(3) In paragraph (2)—
(a) for “Competition Commission” substitute “ CMA ”, and
(b) for “the Commission” substitute “ the CMA ”.
(4) In paragraph (3)—
(a) for “Competition Commission” substitute “ CMA ”, and
(b) for “the Commission” substitute “ the CMA ”.
(5) In paragraph (4), for “Competition Commission” substitute “ CMA ”.
(6) In paragraph (6)—
(a) for “Competition Commission” substitute “ CMA ”, and
(b) for “the Commission” substitute “ the CMA ”.
(7) In paragraph (7)—
(a) for “Competition Commission” substitute “ CMA ”, and
(b) for “the Commission” (in each place where it occurs) substitute “ the CMA ”.
(8) In paragraph (8), for “Competition Commission” substitute “ CMA ”.
(9) After paragraph (8) insert—
(8A) The functions of the CMA with respect to a reference under this Article are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (including functions relating to the making of modifications following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act 2002, as applied by Articles 15B and 17A).
(10) In the heading, for “Monopolies Commission” substitute “ Competition and Markets Authority ”.
161 In article 15A (references under article 15: time limits), in paragraphs (2) and (3), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
162 (1) Article 16 (reports on modification references) is amended as follows.
(2) In paragraph (1), for “Competition Commission” substitute “ CMA ”.
(3) In paragraph (1A)—
(a) for “Competition Commission” substitute “ CMA ”, and
(b) for the words from “in connection with” to the end substitute “ by the chair of the CMA for the purpose of carrying out the functions of the CMA with respect to the reference ”.
(4) In paragraphs (1B), (3) to (3C) and (4), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
163 In article 17 (modification following report), in paragraphs (1) and (5A), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
164 (1) Article 17A (power to veto modifications following report) is amended as follows.
(2) In paragraph (1), for the words from the beginning to “Commission”)” substitute “ The CMA ”.
(3) In paragraphs (2) to (10), (13) to (15), (17) and (19), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(4) In the heading, for “Competition Commission's” substitute “CMA's”.
165 In article 18 (modification by order under other statutory provisions), in paragraph (1), for “Office of Fair Trading, the Competition Commission” substitute “ CMA ”.
166 (1) Article 32 (annual and other reports) is amended as follows.
(2) In paragraph (1)(a)(ii), for “Monopolies Commission's” substitute “CMA's”.
(3) Omit paragraph (6).
Energy (Northern Ireland) Order 2003 (SI 2003/419 (N.I. 6))
167 The Energy (Northern Ireland) Order 2003 is amended as follows.
168 (1) Article 6 (annual and other reports of the Authority) is amended as follows.
(2) In paragraph (1)(b), for “Competition Commission” substitute “ Competition and Markets Authority ”.
(3) Omit paragraph (10).
169 In article 38 (modification of licences), in paragraphs (1) and (2), for “, the Office of Fair Trading or the Competition Commission” (in each place where those words occur) substitute “ or the Competition and Markets Authority ”.
170 (1) Schedule 2 (orders altering licensable activities) is amended as follows.
(2) In paragraph 1, after sub-paragraph (3), insert—
(4) In this Schedule, “the CMA” means the Competition and Markets Authority.
(3) In paragraph 2—
(a) in sub-paragraph (4), for “Competition Commission” substitute “ CMA ”, and
(b) in sub-paragraphs (5) and (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(4) In the italic cross-heading preceding paragraph 3, for “Competition Commission” substitute “ CMA ”.
(5) In paragraph 3—
(a) in sub-paragraph (1)—
(i) for “Competition Commission” substitute “ CMA ”, and
(ii) for “the Commission” substitute “ the CMA ”,
(b) in sub-paragraphs (2), (3), (5) and (6), for “Commission” (in each place where it occurs) substitute “ CMA ”, and
(c) after sub-paragraph (6), insert—
(7) The functions of the CMA with respect to a reference under this paragraph (including functions under sections 109 to 115 of the Enterprise Act 2002, as applied by paragraph 5) are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013.
(6) In paragraph 4—
(a) in sub-paragraph (2), for “Competition Commission” substitute “ CMA ”, and
(b) in sub-paragraph (3), for “Commission” substitute “ CMA ”.
(7) In paragraph 5, in sub-paragraph (4)—
(a) for “Competition Commission” substitute “ CMA ”, and
(b) for the words from “the words” to the end, substitute “ for the words “, OFCOM or the Secretary of State” there were substituted “or OFCOM” ”.
(8) In paragraph 6—
(a) in sub-paragraph (1), for “Competition Commission” substitute “ CMA ”,
(b) in sub-paragraphs (2) and (3), for “Commission” (in each place where it occurs) substitute “ CMA ”,
(c) in sub-paragraph (4)—
(i) for “Commission” substitute “ CMA ”, and
(ii) for the words from “in connection with” to the end substitute “ by the chair of the CMA for the purpose of carrying out the functions of the CMA with respect to the reference ”, and
(d) in sub-paragraphs (5) to (9) and (11), for “Commission” (in each place where it occurs) substitute “ CMA ”.
Water Services etc (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 (SI 2005/3172)
171 The Water Services etc (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 is amended as follows.
172 In article 2 (interpretation), in paragraph (1), for the definition of “the Commission” substitute—
“the CMA” means the Competition and Markets Authority;
.
173 (1) Article 3 (references) is amended as follows.
(2) In paragraphs (1), (5) to (9), and (11) and (12), for “Commission” substitute “ CMA ”.
(3) After paragraph (12) insert—
(13) The functions of the CMA with respect to a reference under this article are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (including functions relating to the making of modifications following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act 2002, as applied by articles 5 and 10).
(4) In the heading, for “Commission” substitute “ CMA ”.
174 In article 4 (references: time limits), in paragraphs (2) and (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.
175 In article 5 (references: powers of investigation), in paragraph (4)(a), for paragraph (i) substitute—
(i) the words “, OFCOM or the Secretary of State” were omitted;
.
176 (1) Article 6 (consultation on proposals) is amended as follows.
(2) In paragraphs (1) to (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(3) In the heading, for “Commission” substitute “ CMA ”.
177 (1) Article 7 (reports on references) is amended as follows.
(2) In paragraphs (1) to (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(3) In paragraph (6)—
(a) for “Commission” substitute “ CMA ”, and
(b) for the words from “constituted,” to the end substitute “ constituted by the chair of the CMA for the purpose of carrying out the functions of the CMA with respect to the reference ”.
(4) In paragraphs (7) and (8), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(5) In paragraph (10), for “Commission's” substitute “CMA's”.
(6) In paragraph (12), for “Commission” substitute “ CMA ”.
178 (1) Article 8 (modifications following report) is amended as follows.
(2) In paragraph (1), for “Commission” substitute “ CMA ”.
(3) In paragraph (2)—
(a) for “Commission” substitute “ CMA ”, and
(b) for “Commission's” substitute “CMA's”.
(4) In paragraph (3), for “Commission's” substitute “CMA's”.
(5) In paragraph (6), for “Commission” substitute “ CMA ”.
179 (1) Article 9 (power of veto following report) is amended as follows.
(2) In paragraphs (1) to (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(3) In paragraph (4)—
(a) for “Commission” (in each place where it occurs) substitute “ CMA ”, and
(b) for “Commission's” (in each place where it occurs) substitute “CMA's”.
(4) In paragraphs (5) to (8), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(5) In the heading, for “Commission's” substitute “CMA's”.
180 (1) Article 10 (article 9: supplementary) is amended as follows.
(2) In paragraphs (2), (3) and (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(3) In paragraph (6)(a), for paragraph (i) substitute—
(i) the words “, OFCOM or the Secretary of State” were omitted;
.
Water and Sewerage Services (Northern Ireland) Order 2006 (SI 2006/3336 N.I. 21))
181 The Water and Sewerage Services (Northern Ireland) Order 2006 is amended as follows.
182 In article 2 (interpretation), in paragraph (2)—
(a) after the definition of “the Authority”, insert—
“ “the CMA” means the Competition and Markets Authority;”, and
(b) omit the definition of “the OFT”.
183 (1) Article 19 (determinations under conditions of appointment) is amended as follows.
(2) In paragraph (2)—
(a) for “Competition Commission” substitute “ CMA ”, and
(b) for “the Commission” substitute “ the CMA ”.
(3) In paragraph (3)—
(a) for “Competition Commission” substitute “ CMA ”, and
(b) for “that Commission” (in each place where it occurs) substitute “ the CMA ”.
(4) In paragraph (4)—
(a) for “Competition Commission” substitute “ CMA ”, and
(b) for “the Commission” (in each place where it occurs) substitute “ the CMA ”.
(5) In paragraph (5), for “Competition Commission” substitute “ CMA ”.
(6) In paragraph (6)—
(a) for “Competition Commission” substitute “ CMA ”, and
(b) for “the Commission” substitute “ the CMA ”.
(7) After paragraph (6) insert—
(7) The functions of the CMA with respect to a reference under this Article are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (including functions relating to the making of modifications following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act, as applied by paragraph (5) read with Article 27).
184 (1) Article 21 (modification references) is amended as follows.
(2) In paragraph (1)—
(a) for “Competition Commission” substitute “ CMA ”, and
(b) for “the Commission” substitute “ the CMA ”.
(3) In paragraph (2)—
(a) for “Competition Commission” substitute “ CMA ”, and
(b) for “the Commission” substitute “ the CMA ”.
(4) In paragraph (3), for “Competition Commission” substitute “ CMA ”.
(5) In paragraph (5)—
(a) for “Competition Commission” substitute “ CMA ”, and
(b) for “the Commission” (in each place where it occurs) substitute “ the CMA ”.
(6) In paragraph (6), for “Competition Commission” substitute “ CMA ”.
(7) After paragraph (6) insert—
(7) The functions of the CMA with respect to a reference under this Article are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (including functions relating to the making of modifications following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act 2002, as applied by Articles 23 and 27).
(8) In the heading, for “Competition Commission” substitute “ CMA ”.
185 In article 22 (references under article 21: time limits), in paragraphs (2) and (3), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
186 (1) Article 24 (reports on modification references) is amended as follows.
(2) In paragraph (1), for “Competition Commission” substitute “ CMA ”.
(3) In paragraph (2)—
(a) for “Competition Commission” substitute “ CMA ”, and
(b) for the words from “in connection with” to the end, substitute “ by the chair of the CMA for the purpose of carrying out the functions of the CMA with respect to the reference in question ”.
(4) In paragraphs (3) to (5), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
(5) In paragraphs (6) and (7), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(6) In paragraph (9), for “Competition Commission” substitute “ CMA ”.
187 In article 25 (modifications following report), in paragraphs (1) and (5), for “Competition Commission” substitute “ CMA ”.
188 (1) Article 26 (power of veto following report) is amended as follows.
(2) In paragraph (1), for “Competition Commission” substitute “ CMA ”.
(3) In paragraphs (2) to (9), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(4) In the heading, for “Commission's” substitute “CMA's”.
189 (1) Article 27 (power of veto following report: supplementary) is amended as follows.
(2) In paragraph (2), for “Competition Commission” substitute “ CMA ”.
(3) In paragraphs (3), (4), (6) and (8), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(4) In the heading, for “Commission's” substitute “CMA's”.
190 In article 28 (modification by order under other statutory provisions), in paragraph (1)—
(a) for “OFT, the Competition Commission” substitute “ CMA ”, and
(b) for “OFT, the Commission” substitute “ CMA ”.
191 In article 57 (restrictions on disclosure of information), in sub-paragraph (7), for “Competition Commission” substitute “ CMA ”.
Legal Services (Scotland) Act 2010 (asp 16)
192 The Legal Services (Scotland) Act 2010 is amended as follows.
193 In section 8 (pre-approval consideration), in subsection (1)(b), for “OFT” substitute “ CMA ”.
194 In section 15 (initial considerations), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
195 In section 28 (communicating outside), in subsection (1)(e), for “OFT” substitute “ CMA ”.
196 In section 49 (majority ownership), in subsection (5)(b)(iii), for “OFT” substitute “ CMA ”.
197 (1) Section 76 (input) is amended as follows.
(2) In subsections (1) to (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.
(3) In the heading, for “OFT” substitute “ CMA ”.
198 In section 92 (certification of bodies), in subsections (4) and (5), for “OFT” (in each place where it occurs) substitute “ CMA ”.
199 In section 103 (certification of bodies), in subsections (4) and (5), for “OFT” (in each place where it occurs) substitute “ CMA ”.
200 (1) Section 113 (regard to input) is amended as follows.
(2) In subsections (1) to (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.
(3) In the heading, for “OFT” substitute “ CMA ”.
201 In section 122 (particular rules), in subsection (2), for “OFT” substitute “ CMA ”.
202 In section 125 (citizens advice bodies), in subsection (4)(b), for “OFT” substitute “ CMA ”.
203 In section 147 (further modification), in subsection (3)(d), for “OFT” substitute “ CMA ”.
204 (1) In section 149 (definitions), in subsection (1)—
(a) after the definition of “the 2007 Act” insert—
“CMA” means Competition and Markets Authority,”, and
(b) omit the definition of “OFT”.
205 In schedule 2 (directions), in paragraph 4, in sub-paragraph (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.
206 In schedule 5 (amendment of authorisation), in paragraph 4, in sub-paragraph (2)(b)(i), for “OFT” substitute “ CMA ”.
207 In schedule 6 (rescission of authorisation), in paragraph 4, in sub-paragraph (2)(b)(i), for “OFT” substitute “ CMA ”.
208 In schedule 7 (surrender of authorisation), in paragraph 3, in sub-paragraph (1)(a)(ii), for “OFT” substitute “ CMA ”.
209 In schedule 9 (index of expressions used), in the first table, in the column headed “Whole Act expressions”—
(a) after the reference to “advocate”, insert a reference to “ CMA ”;
(b) omit the reference to “OFT”.
Section 30(10)
Interim measures following references under section 22 or 33
1 Part 3 of the 2002 Act (mergers) is amended as follows.
2 (1) Section 80 (interim undertakings) is amended as follows.
(2) In subsection (1), for “Subsections (2) and (3)” substitute “ Subsections (2) and (2A) ”.
(3) After subsection (2) insert—
(2A) Where the CMA has reasonable grounds for suspecting that pre-emptive action has or may have been taken, it may, for the purpose of restoring the position to what it would have been had the action not been taken or otherwise for the purpose of mitigating its effects, accept from such of the parties concerned as it considers appropriate undertakings to take such action as it considers appropriate.
(4) After subsection (2A) insert—
(2B) A person may, with the consent of the CMA, take action or action of a particular description where the action would otherwise constitute a contravention of an undertaking under this section.
(5) Omit subsections (3) and (4).
(6) In subsection (5), for “Any other undertaking” substitute “ An undertaking ”.
(7) Omit subsection (6).
3 (1) Section 81 (interim orders) is amended as follows.
(2) In subsection (1) for “Subsections (2) and (3)” substitute “ Subsections (2) and (2A) ”.
(3) After subsection (2) insert—
(2A) Where the CMA has reasonable grounds for suspecting that pre-emptive action has or may have been taken, it may by order, for the purpose of restoring the position to what it would have been had the action not been taken or otherwise for the purpose of mitigating its effects—
(a) do anything mentioned in subsection (2)(b) to (d);
(b) impose such other obligations, prohibitions or restrictions as it considers appropriate for that purpose.
(4) After subsection (2A) insert—
(2B) A person may, with the consent of the CMA, take action or action of a particular description where the action would otherwise constitute a contravention of an order under this section.
(5) Omit subsections (3) and (4).
(6) In subsection (5), for “Any other order” substitute “ An order ”.
(7) Omit subsection (6).
Interim measures: public interest and special interest cases
4 (1) Schedule 7 (enforcement regime for public interest and special public interest cases) is amended as follows.
(2) Omit paragraph 1 (interim undertakings).
(3) In paragraph 2 (interim orders), after sub-paragraph (2) insert—
(2A) Sub-paragraph (2B) applies where—
(a) an intervention notice or special intervention notice is in force, and
(b) the Secretary of State or the CMA has reasonable grounds for suspecting that pre-emptive action has or may have been taken.
(2B) The Secretary of State or (as the case may be) the CMA may by order, for the purpose of restoring the position to what it would have been had the pre-emptive action not been taken or otherwise for the purpose of mitigating its effects—
(a) do anything mentioned in sub-paragraph (2)(b) to (d);
(b) impose such other obligations, prohibitions or restrictions as it considers appropriate for that purpose.
(4) In that paragraph, after sub-paragraph (2B) insert—
(2C) A person may, with the consent of the Secretary of State or (as the case may be) the CMA, take action or action of a particular description where the action would otherwise constitute a contravention of an order under this paragraph by the Secretary of State or (as the case may be) the CMA.
(5) In that paragraph, in sub-paragraph (4)—
(a) omit “or the OFT”,
(b) for “by the OFT” substitute “ by the CMA ”, and
(c) omit “or (as the case may be) the OFT”.
(6) In that paragraph, in sub-paragraph (8), omit “1 or”.
(7) In that paragraph, in sub-paragraph (10), for the words from “the order” to the end of the sub-paragraph substitute
—
(a) the Secretary of State or (as the case may be) the CMA has reasonable grounds for suspecting that it is or may be the case that two or more enterprises have ceased to be distinct or that arrangements are in progress or in contemplation which, if carried into effect, will result in two or more enterprises ceasing to be distinct; or
(b) the order relates to a special merger situation which has been, or may have been, created.
(8) In that paragraph, after sub-paragraph (11) insert—
(12) In this paragraph “pre-emptive action” means action which might prejudice the reference or possible reference concerned under section 45 or (as the case may be) 62 or impede the taking of any action under this Part which may be justified by the Secretary of State's decisions on the reference.
Interim measures: duration of interim orders under section 72
5 (1) Section 72 (initial enforcement orders: completed mergers) is amended as follows.
(2) Omit subsection (5).
(3) In subsection (6)—
(a) in the words before paragraph (a), omit “section 81 or”, and
(b) in paragraph (a), for the words from “at the end of” to the end of the paragraph substitute
—
(i) if the CMA accepts an undertaking under section 80 or makes an order under section 81, on the acceptance of the undertaking or the making of the order, and
(ii) otherwise on the final determination of the reference concerned;
.
Section 32(2)
1 Part 3 of the 2002 Act (mergers) is amended as follows.
2 In section 22 (duty to make references in relation to completed mergers), in subsection (3)—
(a) before paragraph (a) insert—
(za) the period within which the CMA is required by section 34ZA to decide whether the duty to make the reference applies has expired without such a decision having been made;
, and
(b) in paragraph (a) omit “or 96(3)”.
3 In section 33 (duty to make references in relation to anticipated mergers), in subsection (3)—
(a) before paragraph (a) insert—
(za) the period within which the CMA is required by section 34ZA to decide whether the duty to make the reference applies has expired without such a decision having been made;
, and
(b) in paragraph (a) omit “or 96(3)”.
4 After section 34 insert—
Time-limits for decisions about references
34ZA (1) In carrying out its function of deciding whether to make a reference under section 22 or 33, the CMA shall, within the initial period—
(a) decide whether the duty to make a reference under the section applies (taking account of the power under section 22(2) or (as the case may be) 33(2) and the operation of section 22(3) or (as the case may be) 33(3)); and
(b) inform the persons carrying on the enterprises concerned by notice of the decision and of the reasons for it.
(2) Nothing in this section prevents the CMA from making a reference under section 22 or 33 in the event that—
(a) it decides that the duty to make a reference does not apply because it is considering whether to accept undertakings under section 73; but
(b) no such undertakings are offered or accepted.
(3) In this section—
“the initial period” means (subject to any extension under section 34ZB) the period of 40 working days beginning with—
where the CMA is carrying out its function in consequence of the giving of a merger notice under section 96, the first working day after the day on which the CMA gives notice under section 96(2A) to the person who gave the merger notice, and
in any other case, the first working day after the day on which the CMA informs the persons carrying on the enterprises concerned by notice that it has sufficient information to enable it to begin an investigation for the purposes of deciding whether to make a reference;
“working day” means any day which is not—
a Saturday, a Sunday, Good Friday or Christmas Day, or
a day which is a bank holiday in England and Wales.
(4) For the purposes of paragraph (a) in the definition of “initial period” in subsection (3), the CMA is carrying out its function in consequence of the giving of a merger notice under section 96 if it is considering whether to make a reference under section 22 or 33 in relation to—
(a) arrangements of which notice is given in the merger notice or arrangements which do not differ from them in any material respect, or
(b) the creation of any relevant merger situation which is, or may be, created in consequence of carrying such arrangements into effect.
(5) Nothing in this section applies where section 34A(2) or 46A(2) applies (duties where case referred by the European Commission).
Extension of time-limits
34ZB (1) The CMA may extend the initial period mentioned in section 34ZA(1) if it considers that a relevant person has failed (with or without a reasonable excuse) to comply with any requirement of a notice under section 109 in relation to the case in question.
(2) In subsection (1), “relevant person” means—
(a) any person carrying on any of the enterprises concerned;
(b) any person who (whether alone or as a member of a group) owns or has control of any such person; or
(c) any officer, employee or agent of any person mentioned in paragraph (a) or (b).
(3) For the purposes of subsection (2), a person or group of persons able, directly or indirectly, to control or materially to influence the policy of a body of persons corporate or unincorporate, but without having a controlling interest in that body of persons, may be treated as having control of it.
(4) Where an intervention notice is in force in relation to the matter concerned, the CMA may extend the initial period by no more than 20 working days.
(5) The CMA may by notice extend the initial period if the European Commission is considering a request made, in relation to the matter concerned, by the United Kingdom (whether alone or with others) under article 22(1) of the EC Merger Regulation (but is not yet proceeding with the matter in pursuance of such a request).
(6) An extension under subsection (1) or (4) comes into force when published under section 107.
(7) An extension under subsection (1) continues in force until—
(a) the person concerned provides the information or documents to the satisfaction of the CMA or (as the case may be) appears as a witness in accordance with the requirements of the CMA; or
(b) the CMA publishes its decision to cancel the extension.
(8) An extension under subsection (5) shall be for the period which—
(a) begins when notice is given under that subsection, and
(b) ends when the CMA gives notice of the completion by the European Commission of its consideration of the request of the United Kingdom.
(9) In this section, “working day” has the same meaning as in section 34ZA.
Sections 34ZA and 34ZB: supplementary
34ZC (1) An extension of the period mentioned in section 34ZA(1) may be made under each of subsections (1), (4) or (5) of section 34ZB.
(2) No more than one extension is possible under section 34ZB(4).
(3) Where a period is extended or further extended under section 34ZB(1), (4) or (5), the period as extended or (as the case may be) further extended shall, subject to subsections (4) and (5), be calculated by taking the period being extended and adding to it the period of the extension (whether or not those periods overlap in time).
(4) Subsection (5) applies where—
(a) the period mentioned in section 34ZA(1) is further extended;
(b) the further extension and at least one previous extension is made under one or more of subsections (1) and (5) of section 34ZB; and
(c) the same days or fractions of days are included in or comprise the further extension and are included in or comprise at least one such previous extension.
(5) In calculating the period of the further extension, any days or fractions of days of the kind mentioned in subsection (4)(c) are to be disregarded.
(6) The Secretary of State may by order do either or both of the following—
(a) amend section 34ZA so as to alter the period of 40 working days mentioned in subsection (3) of that section or any period for the time being mentioned in that subsection in substitution for that period;
(b) amend section 34ZB so as to alter the period of 20 working days mentioned in subsection (4) of that section or any period for the time being mentioned in that subsection in substitution for that period.
(7) But no alteration may be made by virtue of subsection (6) which results in—
(a) the period for the time being mentioned in section 34ZA(3) exceeding 40 working days; or
(b) the period for the time being mentioned in section 34ZB(4) exceeding 20 working days.
(8) Before making an order under subsection (6), the Secretary of State shall consult the CMA and such other persons as the Secretary of State considers appropriate.
(9) In this section, “working day” has the same meaning as in section 34ZA.
5 (1) Section 39 (time-limits for investigations and reports) is amended as follows.
(2) In subsection (5) for “subsection (4)” substitute “ this section ”.
(3) After subsection (8) insert—
(8A) In the case of a report on a reference under section 33, the CMA may provide that a specified period of no more than 3 weeks is to be disregarded for the purposes of any time-limit for the preparation and publication of the report which applies by virtue of this section if—
(a) a relevant person has so requested before the end of the period of 3 weeks beginning with the date of the reference concerned; and
(b) the CMA reasonably believes that the arrangements in question might be abandoned.
(8B) If the CMA exercises the power under subsection (8A), the CMA shall publish a notice to that effect.
6 After section 41 (duty to remedy effects of completed or anticipated mergers) insert—
Time-limit for discharging duty under section 41
41A (1) The CMA shall discharge its duty under section 41(2) within the period of 12 weeks beginning with the date on which it publishes the report concerned under section 38.
(2) The CMA may extend, by no more than 6 weeks, the period within which its duty under section 41(2) shall be discharged if it considers that there are special reasons for doing so.
(3) The CMA may extend the period within which its duty under section 41(2) shall be discharged if it considers that a relevant person has failed (whether with or without reasonable excuse) to comply with any requirement of a notice under section 109 which is given in relation to the reference.
(4) In subsection (3), “relevant person” means—
(a) any person carrying on any of the enterprises concerned;
(b) any person who (whether alone or as a member of a group) owns or has control of any such person; or
(c) any officer, employee or agent of any person mentioned in paragraph (a) or (b).
(5) For the purposes of subsection (4), a person or group of persons able, directly or indirectly, to control or materially to influence the policy of a body of persons corporate or unincorporate, but without having a controlling interest in that body of persons, may be treated as having control of it.
(6) An extension under subsection (2) or (3) comes into force when published under section 107.
(7) An extension under subsection (3) continues in force until—
(a) the person concerned provides the information or documents to the satisfaction of the CMA or (as the case may be) appears as a witness in accordance with the requirements of the CMA; or
(b) the CMA publishes its decision to cancel the extension.
Section 41A: supplementary
41B (1) A period extended under section 41A(2) may also be extended under section 41A(3), and a period extended under section 41A(3) may also be extended under section 41A(2).
(2) No more than one extension is possible under section 41A(2).
(3) Where a period is extended or further extended under section 41A(2) or (3), the period as extended or (as the case may be) further extended is, subject to subsections (4) and (5), to be calculated by taking the period being extended and adding to it the period of the extension (whether or not those periods overlap in time).
(4) Subsection (5) applies where—
(a) the period within which the CMA must discharge its duty under section 41(2) is further extended;
(b) the further extension and at least one previous extension is made under section 41A(3); and
(c) the same days or fractions of days are included in or comprise the further extension and are included in or comprise at least one such previous extension.
(5) In calculating the period of the further extension, any days or fractions of days of the kind mentioned in subsection (4)(c) are to be disregarded.
(6) The Secretary of State may by order amend section 41A so as to alter either or both of the following periods—
(a) the period of 12 weeks mentioned in subsection (1) of that section or any period for the time being mentioned in that subsection in substitution for that period;
(b) the period of 6 weeks mentioned in subsection (2) of that section or any period for the time being mentioned in that subsection in substitution for that period.
(7) But no alteration may be made by virtue of subsection (6) which results in—
(a) the period for the time being mentioned in section 41A(1) exceeding 12 weeks; or
(b) the period for the time being mentioned in section 41A(2) exceeding 6 weeks.
(8) Before making an order under subsection (6) the Secretary of State shall consult the CMA and such other persons as the Secretary of State considers appropriate.
7 After section 73 (undertakings in lieu of references under section 22 or 33) insert—
Time-limits for consideration of undertakings
73A (1) A party concerned who wishes to offer an undertaking to the CMA for the purposes of section 73(2) must do so before the end of the period of 5 working days beginning with—
(a) the day after the CMA gives the person the notice required by section 34ZA(1)(b); or
(b) in a case where subsection (2) of section 34A applies, the day after the CMA gives the person the notice required by paragraph (b) of that subsection.
(2) If an undertaking is offered for those purposes, the CMA shall, before the end of the period of 10 working days beginning with the day mentioned in subsection (1)—
(a) decide whether there are reasonable grounds for believing that the undertaking or a modified version of it might be accepted by the CMA under section 73(2), and
(b) if it considers that it might be, give notice to the person who offered the undertaking that it is considering it.
(3) If such a notice is given, the CMA shall decide whether to accept the undertaking before the end of the period of 50 working days beginning with the day mentioned in subsection (1).
(4) The CMA may extend the period mentioned in subsection (3), by no more than 40 working days, if it considers that there are special reasons for doing so.
(5) The CMA shall prepare and publish guidance in relation to the exercise of its power under subsection (4).
(6) The CMA may revise any such guidance and, where it does so, shall publish the revised statement.
(7) The CMA may extend the period mentioned in subsection (3) if it considers that a relevant person has failed (with or without reasonable excuse) to comply with any requirement of a notice given under section 109 in relation to the case in question.
(8) In subsection (7), “relevant person” means—
(a) any person carrying on any of the enterprises concerned;
(b) any person who (whether alone or as a member of a group) owns or has control of any such person; or
(c) any officer, employee or agent of any person mentioned in paragraph (a) or (b).
(9) For the purposes of subsection (8), a person or group of persons able, directly or indirectly, to control or materially influence the policy of a body of persons corporate or unincorporate, but without having a controlling interest in that body of persons, may be treated as having control of it.
(10) An extension under subsection (4) or (7) comes into force when published under section 107.
(11) An extension under subsection (7) continues in force until—
(a) the person concerned provides the information or documents to the satisfaction of the CMA or (as the case may be) appears as a witness in accordance with the requirements of the CMA; or
(b) the CMA publishes its decision to cancel the extension.
(12) In this section and section 73B, “working day” means any day which is not—
(a) a Saturday, a Sunday, Good Friday or Christmas Day, or
(b) a day which is a bank holiday in England and Wales.
Section 73A: supplementary
73B (1) A period extended under section 73A(4) may also be extended under section 73A(7), and a period extended under section 73A(7) may also be extended under section 73A(4).
(2) No more than one extension is possible under section 73A(4).
(3) Where a period is extended or further extended under section 73A(4) or (7), the period as extended or (as the case may be) further extended is, subject to subsections (4) and (5), to be calculated by taking the period being extended and adding to it the period of the extension (whether or not those periods overlap in time).
(4) Subsection (5) applies where—
(a) the period within which the CMA must discharge its duty under section 73A(3) is further extended,
(b) the further extension and at least one previous extension is made under section 73A(7), and
(c) the same days or fractions of days are included in or comprise the further extension and are included in or comprise at least one such previous extension.
(5) In calculating the period of the further extension, any days or fractions of days of the kind mentioned in subsection (4)(c) are to be disregarded.
(6) The Secretary of State may by order amend section 73A so as to alter one or more of the periods for the time being mentioned in the section.
(7) But no alteration may be made by virtue of subsection (6) which results in—
(a) the period mentioned in section 73A(1) exceeding 5 working days;
(b) the period mentioned in section 73A(2) exceeding 10 working days;
(c) the period mentioned in section 73A(3) exceeding 50 working days;
(d) the period mentioned in section 73A(4) exceeding 40 working days.
(8) Before making an order under subsection (6) the Secretary of State shall consult the CMA and such other persons as the Secretary of State considers appropriate.
8 (1) Section 96 (merger notices) is amended as follows.
(2) In subsection (1), for the words from “of proposed arrangements” to the end of the subsection substitute “ of arrangements or proposed arrangements which might have resulted or might result in the creation of a relevant merger situation. ”
(3) In subsection (2) after paragraph (a) (and before the “and” immediately following it) insert—
(aa) shall contain the prescribed information;
.
(4) After subsection (2) insert—
(2A) Where the CMA is satisfied that a merger notice meets the requirements of subsection (2), it shall give notice to that effect to the person who gave the merger notice.
(5) Omit subsections (3) and (4).
9 Sections 97 and 98 (period for considering merger notices) are omitted.
10 (1) Section 99 (certain functions in relation to merger notices) is amended as follows.
(2) In subsection (1), for “the period for considering any merger notice begins” substitute “ the initial period (within the meaning of section 34ZA) begins in relation to the merger notice ”.
(3) In subsection (5), for “the period for considering any merger notice” substitute “ the initial period (within the meaning of section 34ZA) in relation to a merger notice ”.
11 (1) Section 100 (exceptions to protection given by merger notices) is amended as follows.
(2) In subsection (1)—
(a) in the words before paragraph (a), for “Section 96(3) does not” substitute “ Sections 22(3)(za) and 33(3)(za) do not ”,
(b) in those words, for “to the Commission” substitute “ under section 22 or (as the case may be) 33 ”,
(c) in paragraph (a), for “the period for considering the merger notice” substitute “ the initial period (within the meaning of section 34ZA) in relation to the merger notice ”,
(d) omit paragraph (b),
(e) in paragraph (c), omit the words from “by such time” to the end of the paragraph, and
(f) in paragraph (e), for “the period for considering the merger notice” substitute “ the initial period (within the meaning of section 34ZA) in relation to the merger notice ”.
(3) In subsection (2)—
(a) in paragraph (a), for “section 22, 33 or 45” substitute “ section 22 or 33 ”, and
(b) in paragraph (b), for “section 96(3) does not” substitute “ sections 22(3)(za) and 33(3)(za) do not ”.
(4) In subsection (3), for “Section 96(3) does not” substitute “ Sections 22(3)(za) and 33(3)(za) do not ”.
12 (1) Section 101 (merger notices: regulations) is amended as follows.
(2) In subsection (2), in paragraph (a), omit “section 97(1), (2), (3) or (4) or”.
(3) In that subsection, omit paragraphs (c) to (f).
13 (1) Section 124 (order and regulations under Part 3) is amended as follows.
(2) In subsection (4)—
(a) after “section” insert “ 34ZC(6), ”,
(b) after “40(8),” insert “ 41B(6), ”, and
(c) after “68,” insert “ , 73B(6), ”.
(3) In subsection (5)—
(a) after “67(7)),” insert “ 34ZC(6), ”,
(b) after “40(8),” insert “ 41B(6), ”, and
(c) after “65(3)),” insert “ 73B(6), ”.
Section 34(4)
1 Part 4 of the 2002 Act (market investigations) is amended as follows.
2 (1) Section 133 (contents of references) is amended as follows.
(2) In subsection (1)—
(a) omit the “and” following paragraph (b),
(b) in paragraph (c), at the beginning insert “ in the case of an ordinary reference, ”, and
(c) after paragraph (c) insert
; and
(d) in the case of a cross-market reference, the feature or features concerned and the descriptions of goods or services to which it or they relate.
(3) In subsection (2)—
(a) in paragraph (a), after “a supply” insert “ or, in the case of a cross-market reference, supplies ”, and
(b) in paragraph (b), after “an acquisition” insert “ or, in the case of a cross-market reference, acquisitions ”.
3 (1) Section 134 (questions to be decided on market investigation references) is amended as follows.
(2) In subsection (1), for “a market investigation” substitute “ an ordinary ”.
(3) After subsection (1) insert—
(1A) The CMA shall, on a cross-market reference, decide in relation to each feature and each combination of the features specified in the reference, whether the feature or combination of features, as it relates to goods or services of one or more than one of the descriptions so specified, prevents, restricts or distorts competition in connection with the supply or acquisition of any goods or services in the United Kingdom or a part of the United Kingdom.
(4) In subsection (2), for “a market investigation” substitute “ an ordinary ”.
(5) After subsection (2) insert—
(2A) For the purposes of this Part, in relation to a cross-market reference, there is an adverse effect on competition if a feature or a combination of the features specified in the reference, as that feature or combination of features relates to goods or services of one or more than one of the descriptions so specified, prevents, restricts or distorts competition in connection with the supply or acquisition of any goods or services in the United Kingdom or a part of the United Kingdom.
(6) In subsection (5)(a), after “the market” insert “ or markets ”.
(7) In subsection (7), after “the market” insert “ or markets ”.
(8) In subsection (8)(a)(i), after “the market” insert “ or markets ”.
4 In section 138 (duty to remedy adverse effects), in subsection (5), after “the market” insert “ or markets ”.
5 (1) Section 141 (questions to be decided where intervention notice under section 139(1) is in force) is amended as follows.
(2) In subsection (2), after “shall” insert “ , on an ordinary reference, ”.
(3) After subsection (2) insert—
(2A) The CMA shall, on a cross-market reference, decide in relation to each feature and each combination of the features specified in the reference, whether the feature or combination of features, as it relates to goods or services of one or more than one of the descriptions so specified, prevents, restricts or distorts competition in connection with the supply or acquisition of any goods or services in the United Kingdom or a part of the United Kingdom.
(4) In subsection (6), after “the market” insert “ or markets ”.
6 In section 147 (remedial action by the Secretary of State), in subsection (5), after “the market” insert “ or markets ”.
7 In section 154 (undertakings in lieu of references), in subsection (4), after “the market” insert “ or markets ”.
8 (1) Section 156 (effect of undertakings under section 154) is amended as follows.
(2) Before subsection (1) insert—
(A1) No market investigation reference shall be made by the CMA or the appropriate Minister in relation to any feature, or combination of features, of a market in the United Kingdom for goods or services if—
(a) the CMA has accepted an undertaking or group of undertakings under section 154 within the previous 12 months;
(b) the feature or combination of features to which the undertaking or group of undertakings relates is the same as the feature or combination of features to which the reference would relate; and
(c) the goods or services to which the undertaking or group of undertakings relates are of the same description as the goods or services to which the reference would relate.
(3) In subsection (1)—
(a) in the words before paragraph (a), for “market investigation” substitute “ ordinary ”,
(b) in paragraph (a), after “has” insert “ , instead of making an ordinary reference, ”, and
(c) in paragraph (b), for “the feature, or combination of features, relates” substitute “ the reference would relate ”.
(4) In subsection (2), for “Subsection (1) does” substitute “ Subsections (A1) and (1) do ”.
9 (1) Section 184 (index of defined expressions for Part 4) is amended as follows.
(2) In the second column of the entry for “Adverse effect on competition”, after “134(2)” insert “ and (2A) ”.
(3) After the entry in the table for “Consumer” insert—
Cross-market reference | Section 131(6)
.
(4) Before the entry in the table for “Public interest consideration” insert—
Ordinary reference | Section 131(6)
.
SCHEDULE 10 Markets: public interest interventions
Section 35(10)
1 Part 4 of the 2002 Act (market investigations) is amended as follows.
2 (1) Section 131 (power to make market investigation references) is amended as follows.
(2) In subsection (4)(b), after “132” insert “ or 140A(6) ”.
(3) In subsection (6), in the definition of “market investigation reference”, after “132” insert “ or 140A(6) ”.
3 In section 132 (ministerial power to make references), in subsection (4)—
(a) after “if” insert
—
(a)
, and
(b) at the end insert
; or
(b) a reference has been made under section 140A(6) in relation to the same matter but has not been finally determined.
4 In section 135 (variation of references), in subsection (1), for “by it or (as the case may be) by him” substitute “ by it under section 131 or (as the case may be) by the appropriate Minister under section 132 ”.
5 (1) Section 140 (supplementary provision about intervention notices under section 139(1)) is amended as follows.
(2) In subsection (1)—
(a) for paragraphs (a) and (b) substitute—
(a) the matter to which the market study notice or (as the case may be) the consultation under section 169 concerned relates;
(b) the date of publication of that notice or (as the case may be) on which the process of consultation began;”, and
(b) in paragraph (c), for “case” substitute “ matter ”.
(3) In subsection (2), for “case” (in the second place where it occurs) substitute “ matter ”.
(4) After subsection (4) insert—
(4A) An intervention notice under section 139(1) shall also cease to be in force if—
(a) it mentions a public interest consideration which was not finalised on the giving of the notice or public interest considerations which, at that time, were not finalised;
(b) no other public interest consideration is mentioned in the notice;
(c) at least 24 weeks has elapsed since the giving of the notice;
(d) the public interest consideration mentioned in the notice has not been finalised within that period of 24 weeks or (as the case may be) none of the public interest considerations mentioned in the notice has been finalised within that period of 24 weeks; and
(e) the Secretary of State has not, by the end of that period of 24 weeks, made a reference under section 140A in relation to the matter.
(4B) Subsection (4D) applies in a case where—
(a) an intervention notice ceases to be in force in accordance with subsection (4A);
(b) the CMA has, before the time at which the notice ceases to be in force, prepared a market study report in relation to the matter within the period permitted by section 131B(4) and given it to the Secretary of State in accordance with section 140A(3)(b); and
(c) the report contains the decision of the CMA that it should make a reference in relation to the matter concerned under section 131.
(4C) Subsection (4D) also applies in a case where—
(a) an intervention notice ceases to be in force in accordance with subsection (4A); and
(b) the CMA has, before the time at which the notice ceases to be in force—
(i) decided that it should make an ordinary reference or a cross-market reference under section 131 in relation to the matter concerned; and
(ii) given a document containing its decision, the reasons for it and such information as the CMA considers appropriate for facilitating a proper understanding of the reasons for its decision to the Secretary of State in accordance with section 140A(3)(c).
(4D) In a case to which this subsection applies—
(a) the CMA shall, as soon as reasonably practicable, make a reference in relation to the matter under section 131; and
(b) the reference is to be treated for the purposes of this Part as having been made in accordance with the requirements imposed by this Part.
(5) In subsection (5)—
(a) before paragraph (a) insert—
(za) the CMA accepts an undertaking under section 154 instead of making a reference under section 131 in relation to the matter;
(zb) the CMA publishes notice that it has otherwise decided not to make a reference under section 131 in relation to the matter;
(zc) the period permitted for the preparation by the CMA of the market study report in relation to the matter and for the report to be published under section 131B(4) or (as the case may be) given to the Secretary of State under section 140A(3) has expired and no such report has been so prepared or no such action has been taken;
(zd) the Secretary of State makes a reference under section 140A(5) in relation to the matter;
,
(b) in paragraph (a), after “143(1) or (3)” insert “ or (as the case may be) 143A(2) or (3) ”,
(c) in paragraph (c), after “143(1)” insert “ or (as the case may be) 143A(2) ”,
(d) in paragraph (d), at the end insert “ or (as the case may be) fails to make and publish a decision under subsection (2) of section 146A within the period required by subsection (6) of that section ”,
(e) in paragraph (e), at the end insert “ or (as the case may be) decides under section 146A(2) to make no finding at all in relation to the matter ”, and
(f) in paragraph (f), after “147(2)” insert “ or (as the case may be) 147A(2) ”.
(6) In subsection (6)—
(a) before paragraph (a) insert—
(za) in a case falling within subsection (5)(za), the acceptance of the undertaking concerned;
(zb) in a case falling within subsection (5)(zb), the publication of the notice concerned;
,
(b) in paragraph (a), after “(5)” insert “ (zc), ”, and
(c) after paragraph (a) insert—
(aa) in a case falling within subsection (5)(zd), the making of the reference concerned;
.
(7) After subsection (6) insert—
(6A) In subsection (6)(za) the reference to the acceptance of the undertaking concerned shall, in a case where the CMA has accepted a group of undertakings under section 154, be treated as a reference to the acceptance of the last undertaking in the group; but undertakings which vary, supersede or revoke earlier undertakings shall be disregarded for the purposes of subsections (5)(za) and (6)(za).
(8) In subsection (7), after “147(2)” insert “ or (as the case may be) 147A(2) ”.
6 After section 140A (inserted by section 35) insert—
Variation of restricted PI references and full PI references
140B (1) The Secretary of State may at any time vary a restricted PI reference or a full PI reference.
(2) The Secretary of State shall consult the CMA before varying any such reference.
(3) But subsection (2) does not apply if the CMA requested the variation concerned.
(4) No variation under this section is capable of altering the public interest consideration or considerations specified in the reference.
7 (1) Section 141 (questions to be decided where section 139(1) intervention notice is in force) is amended as follows.
(2) For subsection (1) substitute—
(1) This section applies where the Secretary of State makes a restricted PI reference.
(3) For the heading, substitute “ Restricted PI references: questions to be decided by CMA ”.
8 (1) Section 142 (investigations and reports) is amended as follows.
(2) In subsection (1)—
(a) for the words from the beginning to “the Commission” substitute “ Where the Secretary of State makes a restricted PI reference or a full PI reference, the CMA ”, and
(b) after “section 143(1) or (3)” insert “ or (as the case may be) 143A(2) or (3) ”.
(3) In subsection (2)—
(a) in paragraph (a), at the end insert “ or (as the case may be) 141A ”,
(b) omit the “and” after paragraph (b), and
(c) after paragraph (c) insert
; and
(d) in the case of a report in relation to a full PI reference in respect of which the Secretary of State appointed a public interest expert, a summary of the views of the expert.
(4) After subsection (2) insert—
(2A) A summary of the views of a public interest expert in a report under this section shall be approved by the expert before action is taken in relation to the report under section 143A(2) or (3).
9 (1) Section 143 (publication etc of reports) is amended as follows.
(2) Before subsection (1) insert—
(A1) This section applies in relation to a report prepared under section 142 in respect of a restricted PI reference.
(3) In subsection (1), in the words before paragraph (a), for “a report under section 142” substitute “ the report ”.
(4) Omit subsection (2).
(5) In subsection (3), for “a report under section 142” substitute “ the report ”.
(6) Omit subsections (5) to (8).
(7) For the heading substitute “ Restricted PI references: publication etc of reports of CMA ”.
10 After section 143 insert—
Full PI references: publication etc of reports of CMA
143A (1) This section applies in relation to a report prepared under section 142 in respect of a full PI reference.
(2) The CMA shall publish the report if it contains—
(a) the decision of the CMA that there is no adverse effect on competition;
(b) the decision of the CMA that there is an adverse effect on competition but that the feature or combination of features which gave rise to it does not operate and may not be expected to operate against the public interest; or
(c) the decisions of the CMA that there is one or more than one adverse effect on competition and that one or more than one of the features or combinations of features which gave rise to an adverse effect on competition operates or may be expected to operate against the public interest but, on the question mentioned in section 141A(5)(a), and in relation to each effect adverse to the public interest concerned, that no action should be taken by the Secretary of State.
(3) The CMA shall give the report to the Secretary of State if it contains the decisions of the CMA—
(a) that there is one or more than one adverse effect on competition and that one or more than one of the features or combinations of features which gave rise to an adverse effect on competition operates or may be expected to operate against the public interest; and
(b) in relation to at least one effect adverse to the public interest concerned, that action should be taken by the Secretary of State.
(4) The Secretary of State shall publish, no later than publication of the Secretary of State's decision under section 146A(2) in relation to the case, a report of the CMA given to the Secretary of State under subsection (3) and not required to be published by virtue of section 148A(3).
11 (1) Section 144 (time-limits for investigations and reports in public interest cases) is amended as follows.
(2) In subsection (1)—
(a) for “the date of the reference” substitute “ the relevant date ”, and
(b) for the words from “publish it” to the end substitute “ publish it under section 143(1) or 143A(2) or (as the case may be) give it to the Secretary of State in accordance with section 143(3) or 143A(3). ”
(3) After subsection (1) insert—
(1A) For the purposes of subsection (1), the “relevant date” is—
(a) in the case of a report in relation to a restricted PI reference or to a full PI reference which specifies that the Secretary of State does not propose to appoint a public interest expert, the date of the reference;
(b) in the case of a report in relation to a full PI reference which specifies that the Secretary of State proposes to appoint a public interest expert, the earliest of the following—
(i) the date of the appointment of the expert;
(ii) the date on which the Secretary of State gives notice to the CMA that the Secretary of State no longer intends to appoint such an expert;
(iii) the end of the period of 2 months beginning with the date of the reference.
(4) In subsection (4), after “143(1) or (3)” insert “ or (as the case may be) 143A(2) or (3) ”.
12 (1) Section 145 (restrictions where public interest considerations not finalised: Part 4) is amended as follows.
(2) In subsection (2), after “143(3)” insert “ or (as the case may be) 143A(3) ”.
(3) In subsection (3), after “141(3)” insert “ or (as the case may be) 141A(4) and (5). ”
(4) In subsection (4), after “141(3)” insert “ or (as the case may be) 141A(4) and (5). ”
13 (1) Section 146 (decision of Secretary of State) is amended as follows.
(2) In subsection (1), in the words before paragraph (a), for “report of the Commission” substitute “ report of the CMA in relation to a restricted PI reference ”.
(3) In the heading, at the beginning, insert “ Restricted PI references: ”.
14 After section 146 insert—
Full PI references: decision of Secretary of State
146A (1) Subsection (2) applies where the Secretary of State has received a report of the CMA in relation to a full PI reference which—
(a) has been prepared under section 142;
(b) contains the decisions of the CMA that there is one or more than one adverse effect on competition and that one or more than one of the features or combinations of features that gave rise to an adverse effect on competition operates or may be expected to operate against the public interest and that, in relation to at least one effect adverse to the public interest concerned, action should be taken by the Secretary of State; and
(c) has been given to the Secretary of State as required by section 143A(3).
(2) The Secretary of State shall decide whether to make an adverse public interest finding in relation to the matter and whether to make no finding at all in the matter.
(3) For the purposes of this Part, the Secretary of State makes an adverse public interest finding in relation to a matter if, in relation to that matter, the Secretary of State decides—
(a) that there is an adverse effect on competition;
(b) that there is one or more than one admissible public interest consideration which is relevant to the matter; and
(c) taking account only of any adverse effect on competition and any relevant admissible public interest consideration or considerations, that any feature or combination of features which gave rise to an adverse effect on competition operates or may be expected to operate against the public interest.
(4) The Secretary of State may make no finding at all in a matter only if the Secretary of State decides that there is no admissible public interest consideration which is relevant to a consideration of the matter concerned.
(5) In deciding whether to make an adverse public interest finding under subsection (2), the Secretary of State shall accept the decision of the CMA as to whether there is an adverse effect on competition in relation to the matter.
(6) The Secretary of State shall make and publish the decision under subsection (2) within the period of 90 days beginning with the receipt of the report of the CMA under section 142.
(7) In this section “admissible public interest consideration” means a public interest consideration which—
(a) was mentioned in the intervention notice concerned; and
(b) was not disregarded by the CMA for the purposes of its report under section 142.
15 In section 147 (remedial action by Secretary of State), in the heading, at the beginning, insert “ Restricted PI references: ”.
16 After section 147 insert—
Full PI references: remedial action by Secretary of State
147A (1) Subsection (2) applies where the Secretary of State has decided under subsection (2) of section 146A within the period required by subsection (6) of that section to make an adverse public interest finding in relation to a matter and has published the decision within the period so required.
(2) The Secretary of State may take such action under section 159 or 161 as the Secretary of State considers to be reasonable and practicable to remedy, mitigate or prevent any of the effects adverse to the public interest which have resulted from, or may be expected to result from, the features or combinations of features in question.
(3) In making a decision under subsection (2), the Secretary of State shall, in particular, have regard to the report of the CMA under section 142.
(4) In making a decision under subsection (2), the Secretary of State may, in particular, have regard to—
(a) the need to achieve as comprehensive a solution as is reasonable and practicable to the effects adverse to the public interest concerned; and
(b) any detrimental effects on customers so far as resulting from those effects.
17 (1) Section 148 (reversion of the matter) is amended as follows.
(2) Omit subsections (3) to (5).
(3) For the heading substitute “ Restricted PI references: reversion of the matter to CMA ”.
18 After section 148 insert—
Full PI references: reversion of the matter to CMA
148A (1) This section applies if—
(a) the Secretary of State decides under section 146A(2) to make no finding at all in the matter; or
(b) the Secretary of State fails to make and publish the decision under subsection (2) of section 146A within the period required by subsection (6) of that section.
(2) The CMA shall proceed under section 138 as if—
(a) a reference under section 131 had been made (in accordance with the requirements imposed by this Part) instead of a full PI reference; and
(b) its report had been prepared and published under section 136 within the period permitted by section 137.
(3) The CMA shall publish the report which has been prepared by it under section 142 (if still unpublished) as soon as it becomes able to proceed by virtue of subsection (2).
(4) In relation to proceedings by virtue of subsection (2), the reference in section 138(3) to decisions of the CMA included in its report by virtue of section 134(4) is to be construed as a reference to decisions which were included in the report of the CMA by virtue of section 141A(6).
(5) Where the CMA becomes under a duty to proceed as mentioned in subsection (2), references in this Part to a reference under section 131, so far as necessary, are to be construed accordingly.
(6) Where the CMA, in proceeding by virtue of subsection (2), intends to proceed in a way which is not consistent with its decisions as included in its report by virtue of section 141A(6), it shall not so proceed without the consent of the Secretary of State.
(7) The Secretary of State shall not withhold consent under subsection (6) unless the Secretary of State believes that the proposed alternative way of proceeding will operate against the public interest.
(8) For the purposes of subsection (7) a proposed alternative way of proceeding will operate against the public interest only if any admissible public interest consideration or considerations outweigh the considerations which have led the CMA to propose proceeding in that way.
(9) In deciding whether to withhold consent under subsection (6), the Secretary of State shall accept the CMA's view of what, if the only relevant consideration were how to remedy, mitigate or prevent the adverse effect on competition concerned or any detrimental effect on customers so far as resulting from the adverse effect on competition, would be the most appropriate way to proceed.
(10) In this section “admissible public interest consideration” has the same meaning as in section 146A.
19 (1) Section 149 (intervention notices under section 139(2)) is amended as follows.
(2) In subsection (1)(c), for “case” substitute “ proposal to accept the undertaking ”.
(3) In subsection (2), for “case” (in the second place where it occurs) substitute “ proposal to accept the undertaking ”.
20 In section 150 (power of veto of Secretary of State: undertakings in lieu), before subsection (1) insert—
(A1) Where an intervention notice under subsection 139(1) is in force, the CMA shall not, without the consent of the Secretary of State, accept any proposed undertaking under section 154 in relation to the matter concerned.
21 (1) Section 151 (further interaction of intervention notices with general procedure) is amended as follows.
(2) For subsection (1) substitute—
(1) Sections 134(1), (1A), (4), (6) and (7), 136(1) to (6), 137(1) to (6), 138 and 138A do not apply in relation to a restricted PI reference or a full PI reference.
(3) In subsection (2), for the words from “, the Commission” to the end substitute “ at a time after the Secretary of State has made a restricted PI reference or a full PI reference, the CMA shall proceed as if the reference concerned had instead been made under section 131 (in accordance with the requirements imposed by this Part). ”
(4) In subsection (4), for the words from “, the Commission shall” to the end substitute “ , the CMA shall proceed as if the restricted PI reference or (as the case may be) the full PI reference concerned had instead been made by the CMA under section 131 (in accordance with the requirements imposed by this Part). ”
(5) For the heading, substitute “ Public interest intervention cases: interaction with general procedure ”.
22 In section 152 (certain duties in relation to providing information), omit subsection (2).
23 In section 155 (undertakings in lieu: procedural requirements), in subsection (3)(a), at the end insert “ or (but for the effect of section 140A(3)) it would have had power to make and which it would otherwise have intended to make ”.
24 (1) Section 157 (interim undertakings: Part 4) is amended as follows.
(2) In subsection (1)(b), after “143(3)” insert “ or (as the case may be) 143A(3) ”.
(3) In subsection (6)—
(a) in the definition of “pre-emptive action”, for “or (as the case may be) 147(2)” substitute “ , 147(2) or (as the case may be) 147A(2) ”, and
(b) for the definition of “relevant authority” substitute—
“the relevant authority” means—
(a) in the case of a restricted PI reference or a full PI reference, the Secretary of State;
(b) in any other case, the CMA.
25 In section 158 (interim orders: Part 4), in subsection (1)(b), after “143(3)” insert “ or (as the case may be) 143A(3) ”.
26 In section 159 (final undertakings: Part 4), in subsection (2), after “147” insert “ or (as the case may be) 147A ”.
27 (1) Section 160 (order-making power where final undertakings not fulfilled: Part 4) is amended as follows.
(2) In subsection (2), for “or (as the case may be) 147(2)” substitute “ , 147(2) or (as the case may be) 147A(2) ”.
(3) In subsection (3), for “or (as the case may be) 147” substitute “ or 147 or (as the case may be) subsections (3) and (4) of section 147A ”.
28 In section 161 (final orders: Part 4), in subsection (2), after “147” insert “ or (as the case may be) 147A ”.
29 In section 169 (certain duties of relevant authorities to consult: Part 4), in subsection (6)—
(a) in the definition of “relevant authority”, at the end insert “ or the Secretary of State ”,
(b) in the definition of “relevant decision”, in paragraph (b), after “appropriate Minister” (in the first place where it occurs) insert “ (other than the Secretary of State acting alone) ”, and
(c) also in that definition, after paragraph (b) insert—
in the case of the Secretary of State, any decision by the Secretary of State—
to make a reference under section 132;
to vary under section 135 such a reference;
in a case where the Secretary of State is required to make a reference under section 140A, whether to make a reference under subsection (5) or (6) of that section; or
to vary under section 140B a reference made under section 140A(6).
30 (1) Section 172 (further publicity requirements: Part 4) is amended as follows.
(2) In subsection (1), in paragraph (a), after “section 131” insert “ , other than a reference treated as so made by virtue of section 140A(5)(b) ”.
(3) In subsection (2), omit paragraph (d).
(4) In subsection (3)—
(a) after paragraph (d) insert—
(da) any reference made by him under section 140A(5) or (6);
(db) any variation made by him under section 140B of a reference under section 140A(6);
, and
(b) in paragraph (e), after “147(2)” insert “ or (as the case may be) 147A(2) ”.
(5) In subsection (7), omit “or (2)(d)”.
(6) In subsection (7A) (inserted by Schedule 12), at the end insert “ or (3)(da) ”.
(7) In subsection (8), in paragraph (a), after “146(2)” insert “ or 146A(2) ”.
(8) In subsection (10), after “147(2)” insert “ or 147A(2) ”.
31 In section 177 (excisions from reports: Part 4), in subsection (5), omit “, 143(2) and (5) to (7), 148(3) to (5)”.
32 (1) Section 183 (interpretation: Part 4) is amended as follows.
(2) In subsection (3), in paragraph (a), for the words before sub-paragraph (i) substitute “ where the reference is made under section 131 or 132— ”.
(3) In that subsection, in paragraph (b)—
(a) for the words before sub-paragraph (i) substitute “ where the reference is a restricted PI reference or a full PI reference— ”,
(b) in sub-paragraph (i), after “143(1) or (3)” insert “ or (as the case may be) 143A(2) or (3) ”,
(c) in sub-paragraph (ii), omit “(disregarding the fact that the notice was given)”,
(d) in sub-paragraph (iii), after “143(1)” insert “ or (as the case may be) 143A(2) ”,
(e) in sub-paragraph (iv), omit “(disregarding the fact that the notice was given)”,
(f) for sub-paragraph (v) substitute—
(v) the Secretary of State has failed to make and publish a decision under subsection (2) of section 146 within the period permitted by subsection (3) of that section or (as the case may be) under subsection (2) of section 146A within the period permitted by subsection (6) of that section and the reference is finally determined under paragraph (a) above;
,
(g) in sub-paragraph (vi), omit “(disregarding the fact that the notice was given)”,
(h) after sub-paragraph (vi) insert—
(via) the Secretary of State has made no finding at all under section 146A(2) and the reference is finally determined under paragraph (a) above;
,
(i) omit the “or” after sub-paragraph (vii),
(j) after sub-paragraph (vii) insert—
(viia) the Secretary of State has made an adverse public interest finding under section 146A(2) but has decided under section 147A(2) neither to accept an undertaking under section 159 nor to make an order under section 161;
, and
(k) after sub-paragraph (viii) insert
; or
(ix) the Secretary of State has made an adverse public interest finding under section 146A(2) and has accepted an undertaking under section 159 or made an order under section 161.
(4) In subsection (4)(c), after “(b)(viii)” insert “ or (ix) ”.
(5) In subsection (5), for “or (vi)” substitute “ , (vi) or (via) ”.
(6) In subsection (6), after “(b)(viii)” insert “ and (ix) ”.
33 (1) Section 184 (index of defined expressions in Part 4) is amended as follows.
(2) After the entry in the table for “Adverse effect on competition” insert—
Adverse public interest finding | Section 146A(3)
.
(3) After the entry in the table for “Final determination of market investigation reference” insert—
Full PI reference | Section 140A(12)
.
(4) After the entry in the table for “Public interest consideration being finalised” insert—
Public interest expert | Section 141B(4)
.
(5) Before the entry in the table for “subordinate legislation” insert—
Restricted PI reference | Section 140A(12)
.
Section 36(8)
Enforcement of investigation powers
1 After section 174 of the 2002 Act insert—
Enforcement of powers under section 174: general
174A (1) Where the CMA considers that a person has, without reasonable excuse, failed to comply with any requirement of a notice under section 174, it may impose a penalty in accordance with section 174D.
(2) The CMA may proceed (whether at the same time or at different times) under subsection (1) and section 138A(3) in relation to the same failure.
(3) Where the CMA considers that a person has intentionally obstructed or delayed another person in the exercise of its powers under section 174(7), it may impose a penalty in accordance with section 174D.
(4) A person commits an offence if the person intentionally alters, suppresses or destroys any document which the person has been required to produce by a notice under section 174.
(5) But a person does not commit an offence under subsection (4) in relation to any act which constitutes a failure to comply with a notice under section 174 if the CMA has proceeded against the person under subsection (1) in relation to that failure.
(6) A person who commits an offence under subsection (4) is liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine or to both.
(7) The CMA shall not proceed against a person under subsection (1) in relation to an act which constitutes an offence under subsection (4) if that person has been found guilty of that offence.
(8) In deciding whether and, if so, how to proceed under subsection (1) or (3) or section 138A(3), the CMA shall have regard to the statement of policy which was most recently published under section 174E at the time the failure or (as the case may be) the obstruction or delay concerned occurred.
(9) In this section—
(a) the reference to the production of a document includes a reference to the production of a legible and intelligible copy of information recorded otherwise than in legible form; and
(b) the reference to suppressing a document includes a reference to destroying the means of reproducing information recorded otherwise than in legible form.
Restriction on powers to impose penalties under section 174A
174B (1) No penalty shall be imposed by virtue of section 174A(1) or (3) if more than 4 weeks have passed since the day which is the relevant day in the case in question; but this subsection shall not apply in relation to any variation or substitution of the penalty which is permitted by virtue of this Part.
(2) In the following provisions of this section, “the section 174 power” means the power under section 174 to which the failure or (as the case may be) the obstruction or delay in question relates.
(3) Where the section 174 power is exercised for the purpose mentioned in section 174(1)(a), the relevant day is the day when the CMA finally concludes the carrying out of its section 5 functions.
(4) Where the section 174 power is exercised in connection with an enforcement function (within the meaning of that section), the relevant day is the day when the enforcement undertaking concerned is superseded or released or (as the case may be) the enforcement order concerned is revoked.
(5) Except where subsection (3) or (4) applies, the relevant day is the day determined in accordance with the following provisions of this section.
(6) Where the section 174 power is exercised for the purpose mentioned in section 174(1)(b) in connection with a matter that is the subject of a possible reference under section 131, the relevant day is the day when the CMA finally decides whether to make the reference.
(7) Where the section 174 power is exercised for the purpose mentioned in section 174(1)(b) in connection with a matter that is the subject of a reference under section 131 or 132, the relevant day is the day when the reference is finally determined (see section 183).
(8) Where the section 174 power is exercised for the purpose mentioned in section 174(1)(c) in connection with a matter that is the subject of a possible reference under section 140A(5) or (6), the relevant day is the day when the Secretary of State makes the reference.
(9) Where the section 174 power is exercised for the purpose mentioned in section 174(1)(c) in connection with a matter that is the subject of a reference under section 140A(6), the relevant day is the day when the reference is finally determined (see section 183).
Section 174B: supplementary provision
174C (1) For the purpose of section 174B(3), the CMA finally concludes the carrying out of its section 5 functions if—
(a) the CMA publishes the market study report under section 131B(4) or (as the case may be) gives it to the Secretary of State under section 140A(3)(b); or
(b) the period permitted for the preparation by the CMA of the market study report and for the report to be published under section 131B(4) or (as the case may be) given to the Secretary of State under section 140A(3)(b) expires and no such report has been so prepared or no such action has been taken.
(2) For the purpose of section 174B(3), the time when the CMA finally concludes the carrying out of its section 5 functions is—
(a) in a case falling within subsection (1)(a), the publication of the report or (as the case may be) the giving of it to the Secretary of State;
(b) in a case falling within subsection (1)(b), the expiry of the period concerned.
(3) For the purpose of section 174B(6), the CMA finally decides whether to make a reference under section 131 if—
(a) the CMA makes such a reference;
(b) the CMA accepts an undertaking under section 154 instead of making such a reference;
(c) the CMA publishes notice that it has otherwise decided not to make such a reference; or
(d) the period permitted for the preparation by the CMA of a market study report in relation to the matter and for the report to be published under section 131B(4) has expired and no such report has been so prepared or published.
(4) For the purpose of section 174B(6), the time when the CMA finally decides whether to make a reference under section 131 is—
(a) in a case falling within subsection (3)(a), the making of the reference;
(b) in a case falling within subsection (3)(b), the acceptance of the undertaking concerned;
(c) in a case falling within subsection (3)(c), the publication of the notice concerned;
(d) in a case falling within subsection (3)(d), the expiry of the period concerned.
(5) In subsection (4)(b) the reference to the acceptance of the undertaking concerned shall, in a case where the CMA has accepted a group of undertakings under section 154, be treated as a reference to the acceptance of the last undertaking in the group; but undertakings which vary, supersede or revoke earlier undertakings shall be disregarded for the purposes of subsections (3)(b) and (4)(b).
Penalties
174D (1) A penalty imposed under section 174A(1) or (3) shall be of such amount as the CMA considers appropriate.
(2) In the case of a penalty imposed under section 174A(1), the amount may be—
(a) a fixed amount;
(b) an amount calculated by reference to a daily rate; or
(c) a combination of a fixed amount and an amount calculated by reference to a daily rate.
(3) In the case of a penalty imposed under section 174A(3), the amount shall be a fixed amount.
(4) A penalty imposed under section 174A(1) shall not—
(a) in the case of a fixed amount, exceed such amount as the Secretary of State may by order specify;
(b) in the case of an amount calculated by reference to a daily rate, exceed such amount per day as the Secretary of State may so specify; and
(c) in the case of a fixed amount and an amount calculated by reference to a daily rate, exceed such fixed amount and such amount per day as the Secretary of State may so specify.
(5) A penalty imposed under section 174A(3) shall not exceed such amount as the Secretary of State may by order specify.
(6) An order under subsection (4) or (5) shall not specify—
(a) in the case of a fixed amount, an amount exceeding £30,000;
(b) in the case of an amount calculated by reference to a daily rate, an amount per day exceeding £15,000; and
(c) in the case of a fixed amount and an amount calculated by reference to a daily rate, a fixed amount exceeding £30,000 and an amount per day exceeding £15,000.
(7) Before making an order under subsection (4) or (5), the Secretary of State shall consult—
(a) the CMA; and
(b) such other persons as the Secretary of State considers appropriate.
(8) In imposing a penalty by reference to a daily rate—
(a) no account is to be taken of any days before the service on the person concerned of notice of the penalty under section 112 (as applied by subsection (10)); and
(b) unless the CMA determines an earlier date (whether before or after the penalty is imposed), the amount payable ceases to accumulate at the beginning of the earliest of the days mentioned in subsection (9).
(9) Those days are—
(a) the day on which the requirement of the notice concerned under section 174 is satisfied;
(b) the day which is the relevant day in the case in question for the purposes of section 174B.
(10) Sections 112 to 115 apply in relation to a penalty imposed under section 174A(1) or (3) as they apply in relation to a penalty imposed under section 110(1) or (3).
Statement of policy on penalties
174E (1) The CMA shall prepare and publish a statement of policy in relation to the enforcement of notices given under section 174.
(2) The statement shall, in particular, include a statement about the considerations relevant to the determination of the nature and amount of any penalty imposed under section 174A(1) or (3).
(3) The CMA may revise its statement of policy and, where it does so, it shall publish the revised statement.
(4) The CMA shall consult such persons as it considers appropriate when preparing or revising its statement of policy.
Investigation powers: miscellaneous consequential amendments
2 Part 4 of the 2002 Act (market investigations) is amended as follows.
3 Omit section 175 (enforcement of powers under section 174: offences).
4 Omit section 176 (investigation powers of the Commission).
5 In section 179 (review of decisions under Part 4), in subsection (2)(a), for “section 110(1) or (3) as applied by section 176” substitute “ section 174A(1) or (3) ”.
6 (1) Section 181 (orders under Part 4) is amended as follows.
(2) In subsection (4), for the words from “or 161,” to “section 176” substitute “ , 161, 174D(4) or (5), or under section 114(3)(b) or (4)(b) as applied by section 174D ”.
(3) In subsection (10)—
(a) omit “111(4) or (6) or”, and
(b) for “176” substitute “ 174D ”.
Section 38
Market studies and decisions whether to make a reference under section 131
1 Before section 131 of the 2002 Act (power to make market investigation references) insert—
Market studies
Duty to publish market study notice
130A (1) Where the CMA is proposing to carry out its functions under section 5 in relation to a matter for the purposes mentioned in subsection (2), the CMA must publish a notice under this section (referred to in this Part as a “market study notice”).
(2) The purposes are—
(a) to consider the extent to which a matter in relation to the acquisition or supply of goods or services of one or more than one description in the United Kingdom has or may have effects adverse to the interests of consumers; and
(b) to assess the extent to which steps can and should be taken to remedy, mitigate or prevent any such adverse effects.
(3) A market study notice shall, in particular, specify—
(a) the matter in relation to which the CMA is proposing to carry out its functions under section 5;
(b) the period during which representations may be made to the CMA in relation to the matter; and
(c) the dates by which the CMA is required to comply with the requirements imposed on it by sections 131A and 131B.
2 After section 131 of that Act insert—
Decisions about references under section 131: consultation
131A (1) This section applies to a case where the CMA has published a market study notice and—
(a) the CMA is proposing to make a reference under section 131 in relation to the matter specified in the notice; or
(b) a representation has been made to the CMA within the period specified in the notice under section 130A(3)(b) to the effect that such a reference should be made but the CMA is proposing not to make such a reference.
(2) The CMA shall—
(a) publish notice of the proposal concerned; and
(b) consult the relevant persons about the proposal, in such manner as it considers practicable, before deciding whether to make a reference.
(3) The CMA may, for the purposes of subsection (1), ignore any representation which it considers to be frivolous or vexatious.
(4) For the purposes of subsection (2), a person is a “relevant person” if the CMA considers that its decision whether to make a reference is likely to have a substantial impact on the person's interests.
(5) In consulting a person for the purposes of this section, the CMA shall, so far as practicable, give its reasons for the proposal.
(6) In considering what is practicable for the purposes of this section, the CMA shall, in particular, have regard to—
(a) the restrictions imposed by the time-table for making the decision (see section 131B); and
(b) any need to keep what is proposed, or the reasons for it, confidential.
Market studies and the making of decisions to refer: time-limits
131B (1) Where the CMA has published a market study notice in a case to which section 131A applies, the CMA shall, within the period of 6 months beginning with the date on which it publishes the notice—
(a) publish the notice under section 131A(2)(a); and
(b) begin the process of consultation under section 131A(2)(b) (but the CMA need not complete the process within that period).
(2) Subsection (3) applies where—
(a) the CMA has published a market study notice;
(b) no representation has been made to the CMA within the period specified in the notice under section 130A(3)(b) to the effect that a reference under section 131 should be made in relation to the matter specified in the notice; and
(c) the CMA has decided not to make such a reference.
(3) The CMA shall, within the period of 6 months beginning with the date on which it publishes the market study notice, publish notice of the decision not to make a reference.
(4) Where the CMA has published a market study notice it shall, within the period of 12 months beginning with the date on which it publishes the notice, prepare and publish a report (referred to in this Part as a “market study report”) which sets out—
(a) the findings of the CMA in relation to the matter specified in the notice; and
(b) the action (if any) which the CMA proposes to take in relation to the matter.
(5) In a case to which section 131A applies, the market study report shall, in particular, contain—
(a) the decision of the CMA to make a reference under section 131 in relation to the matter specified in the market study notice, the decision to accept an undertaking under section 154 instead of making such a reference or (as the case may be) the decision otherwise not to make such a reference;
(b) the CMA's reasons for the decision; and
(c) such information as the CMA considers appropriate for facilitating a proper understanding of its reasons for the decision.
(6) Where a market study report contains a decision of the CMA to make a reference under section 131 in relation to a matter, the CMA shall, at the same time as it publishes the report, make the reference.
(7) This section is subject to section 140A (duty of Secretary of State to refer in public interest intervention cases).
Time-limits under section 131B: supplementary
131C (1) The Secretary of State may by order amend section 131B so as to alter one or more of the following periods—
(a) the period of 6 months mentioned in subsection (1) or (3) or any period for the time being mentioned in either of those subsections in substitution for that period;
(b) the period of 12 months mentioned in subsection (4) or any period for the time being there mentioned in substitution for that period.
(2) But no alteration may be made by virtue of subsection (1) which results in—
(a) the period for the time being mentioned in subsection (1) or (3) exceeding 6 months; or
(b) the period for the time being mentioned in subsection (4) exceeding 12 months.
(3) Before making an order under this section the Secretary of State shall consult the CMA and such other persons as the Secretary of State considers appropriate.
Market investigations and reports
3 (1) Section 137 of the 2002 Act (time-limits for market investigations and reports) is amended as follows.
(2) In subsection (1), for “two years” substitute “ 18 months ”.
(3) After subsection (2) insert—
(2A) The CMA may extend, by no more than 6 months, the period within which its report under section 136 is to be prepared and published if it considers that there are special reasons for doing so.
(2B) An extension under subsection (2A) shall come into force when published under section 172.
(2C) No more than one extension is possible under subsection (2A).
(4) For subsection (3) substitute—
(3) The Secretary of State may by order amend this section so as to alter one or more of the following periods—
(a) the period of 18 months mentioned in subsection (1) or any period for the time being there mentioned in substitution for that period;
(b) the period of 6 months mentioned in subsection (2A) or any period for the time being there mentioned in substitution for that period.
(5) For subsection (4) substitute—
(4) But no alteration shall be made by virtue of subsection (3) which results in—
(a) the period for the time being mentioned in subsection (1) exceeding 18 months; or
(b) the period for the time being mentioned in subsection (2A) exceeding 6 months.
Remedies implementation
4 In section 138 of the 2002 Act (duty to remedy adverse effects), in subsection (2), after “shall,” insert “ within the period permitted by section 138A, ”.
5 After section 138 of that Act insert—
Time-limits for discharging duty under section 138
138A (1) The CMA shall discharge its duty under section 138(2) within the period of 6 months beginning with the date on which it publishes the report concerned under section 136.
(2) The CMA may extend, by no more than 4 months, the period within which its duty under section 138(2) is required to be discharged if it considers that there are special reasons for doing so.
(3) The CMA may extend the period within which its duty under section 138(2) is required to be discharged if it considers that—
(a) a person has failed (whether with or without reasonable excuse) to comply with any requirement of a notice under section 174 which was given in relation to the reference; and
(b) the failure is preventing the CMA from properly discharging its duty under section 138(2).
(4) An extension under subsection (2) or (3) shall come into force when published under section 172.
(5) An extension under subsection (3) continues in force until—
(a) the person concerned provides the information or documents to the satisfaction of the CMA or (as the case may be) appears as a witness in accordance with the requirements of the CMA; or
(b) the CMA publishes its decision to cancel the extension.
Section 138A: supplementary
138B (1) A period extended under section 138A(2) may also be extended under section 138A(3), and a period extended under section 138A(3) may also be extended under section 138A(2).
(2) No more than one extension is possible under section 138A(2).
(3) Where a period is extended or further extended under section 138A(2) or (3), the period as extended or (as the case may be) further extended shall, subject to subsections (4) and (5), be calculated by taking the period being extended and adding to it the period of the extension (whether or not those periods overlap in time).
(4) Subsection (5) applies where—
(a) the period within which the CMA shall discharge its duty under section 138(2) is further extended;
(b) the further extension and at least one previous extension is made under section 138A(3); and
(c) the same days or fractions of days are included in or comprise the further extension and are included in or comprise at least one such previous extension.
(5) In calculating the period of the further extension, any days or fractions of days of the kind mentioned in subsection (4)(c) shall be disregarded.
(6) The Secretary of State may by order amend section 138A so as to alter one or more of the following periods—
(a) the period of 6 months mentioned in subsection (1) or any period for the time being there mentioned in substitution for that period;
(b) the period of 4 months mentioned in subsection (2) or any period for the time being there mentioned in substitution for that period.
(7) But no alteration shall be made by virtue of subsection (6) which results in—
(a) the period for the time being mentioned in section 138A(1) exceeding 6 months; or
(b) the period for the time being mentioned in section 138A(2) exceeding 4 months.
(8) Before making an order under subsection (6) the Secretary of State shall consult the CMA and such other persons as the Secretary of State considers appropriate.
Time-limits: public interest intervention cases
6 (1) Section 144 of the 2002 Act (time-limits for investigations and reports in public interest intervention cases) is amended as follows.
(2) In subsection (1), for “two years” substitute “ 18 months ”.
(3) After subsection (1A) (inserted by Schedule 10) insert—
(1B) The CMA may extend, by no more than 6 months, the period within which its report under section 142 is to be prepared and action is to be taken in relation to it under section 143(1) or (3) or (as the case may be) 143A(2) or (3) if it considers that there are special reasons for doing so.
(1C) An extension under subsection (1B) shall come into force when published under section 172.
(1D) No more than one extension is possible under subsection (1B).
(4) In subsection (2)—
(a) after “amend” insert
—
(a)
,
(b) for “two years” substitute “ 18 months ”, and
(c) at the end insert
;
(b) subsection (1B) so as to alter the period of 6 months mentioned in that subsection or any period for the time being mentioned in that subsection in substitution for that period.
(5) In subsection (3)—
(a) after “results in” insert
—
(a)
,
(b) for “two years” substitute “ 18 months ”, and
(c) at the end insert
;or
(b) the period for the time being mentioned in subsection (1B) exceeding 6 months.
Time-limits: consequential and other minor amendments
7 Part 4 of the 2002 Act (market investigations) is amended as follows.
8 In the heading of that Part, at the beginning insert “ Market Studies and ”.
9 In the heading of Chapter 1, at the beginning insert “ Market Studies and ”.
10 (1) Section 132 (ministerial power to make references) is amended as follows.
(2) In subsection (1)—
(a) after “services” insert
—
(a)
, and
(b) at the end insert
; 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.
(3) In subsection (2)(b), for “to make such a reference” substitute “ to publish a market study notice in relation to the matter concerned ”.
11 In section 135 (variation of references), omit subsection (4).
12 In section 156 (effect of undertakings under section 154), after subsection (2) insert—
(3) The expiry of the period mentioned in section 131B(4) does not prevent the making of a market investigation reference if the CMA has accepted an undertaking or group of undertakings under section 154 and—
(a) the CMA considers that any undertaking concerned has been breached and has given notice of that fact to the person responsible for giving the undertaking; or
(b) the person responsible for giving any undertaking concerned supplied, in connection with the matter, information to the OFT which was false or misleading in a material respect.
13 In section 169 (certain duties of relevant authorities to consult: Part 4), in subsection (6), in the definition of “relevant decision”—
(a) in paragraph (a), for sub-paragraph (i) substitute—
(i) to make a reference under section 131 in a case where the CMA has not published a market study notice under section 130A in relation to the matter concerned;
(ia) as to whether to accept undertakings under section 154 instead of making any reference under section 131;
, and
(b) in paragraph (b)(i), omit “as to whether”.
14 (1) Section 172 (further publicity requirements: Part 4) is amended as follows.
(2) In subsection (1), after paragraph (a) insert—
(aa) any decision not to make a reference under section 131 following a consultation in relation to the matter concerned under section 169;
.
(3) In subsection (2)—
(a) before paragraph (a) insert—
(za) any extension by it under section 137 of the period within which a report under section 136 is to be prepared and published;
(zb) any extension by it under section 138A of the period within which its duty under section 138(2) is to be discharged;
, and
(b) after paragraph (b) insert—
(ba) any extension by it under section 144 of the period within which a report under section 142 is to be prepared and action is to be taken in relation to it;
.
(4) After subsection (7) insert—
(7A) Subsection (6) shall not apply in relation to any case falling within subsection (1)(a).
15 In section 179 (review of decisions under Part 4), in subsection (2), before paragraph (a) insert—
(za) does not include a decision whether to carry out functions under section 5 in a case where the CMA is, or would have been, required to publish a market study notice (see section 130A(1));
.
16 (1) Section 181 (orders under Part 4) is amended as follows.
(2) In subsection (3), for “136(9), 137(3)” substitute “ 131C(1), 136(9), 137(3), 138B(6) ”.
(3) In subsection (4), for “137(3)” substitute “ 131C(1), 137(3), 138B(6) ”.
17 In section 184 (index of defined expressions in Part 4), after the entry in the table for “market investigation reference” insert—
Market study notice | Section 130A(1)
“Market study report | Section 131B(4)
SCHEDULE 13 Extension of powers to issue warrants under the 1998 Act to CAT
Section 41
1 The 1998 Act is amended as follows.
2 (1) Section 28 (power to enter business premises under a warrant) is amended as follows.
(2) In subsection (1), for the words before paragraph (a) substitute “ On an application made to it by the CMA, the court or the Tribunal may issue a warrant if it is satisfied that— ”.
(3) In subsection (3), for “the judge” substitute “ the court or (as the case may be) the Tribunal ”.
(4) After subsection (7) insert—
(7A) An application for a warrant under this section must be made—
(a) in the case of an application to the court, in accordance with rules of court;
(b) in the case of an application to the Tribunal, in accordance with Tribunal rules.
3 (1) Section 28A (power to enter domestic premises under a warrant) is amended as follows.
(2) In subsection (1), for the words before paragraph (a) substitute “ On an application made to it by the CMA, the court or the Tribunal may issue a warrant if it is satisfied that— ”.
(3) In subsection (3), for “the judge” substitute “ the court or (as the case may be) the Tribunal ”.
(4) After subsection (8) insert—
(8A) An application for a warrant under this section must be made—
(a) in the case of an application to the court, in accordance with rules of court;
(b) in the case of an application to the Tribunal, in accordance with Tribunal rules.
4 In section 61 (interpretation of Part 2), after the definition of “the Treaty” insert—
“the Tribunal” means the Competition Appeal Tribunal;”
“Tribunal rules” means rules under section 15 of the Enterprise Act 2002.”
.
5 (1) Section 62 (power to enter business premises under a warrant: Article 20 inspections) is amended as follows.
(2) In subsection (1), for the words before paragraph (a) substitute “ On an application made to it by the CMA, the High Court or the Tribunal must issue a warrant if it is satisfied that— ”.
(3) After subsection (8) insert—
(8A) An application for a warrant under this section must be made—
(a) in the case of an application to the High Court, in accordance with rules of court;
(b) in the case of an application to the Tribunal, in accordance with Tribunal rules.
6 (1) Section 62A (power to enter non-business premises under a warrant: Article 21 inspections) is amended as follows.
(2) In subsection (1), for the words before paragraph (a) substitute “ On an application made to it by the CMA, the High Court or the Tribunal must issue a warrant if it is satisfied that— ”.
(3) After subsection (10) insert—
(10A) An application for a warrant under this section must be made—
(a) in the case of an application to the High Court, in accordance with rules of court;
(b) in the case of an application to the Tribunal, in accordance with Tribunal rules.
7 (1) Section 63 (power to enter business premises under a warrant: Article 22(2) inspections) is amended as follows.
(2) In subsection (1), for the words before paragraph (a) substitute “ On an application made to it by the CMA, the High Court or the Tribunal must issue a warrant if it is satisfied that— ”.
(3) After subsection (8) insert—
(8A) An application for a warrant under this section must be made—
(a) in the case of an application to the High Court, in accordance with rules of court;
(b) in the case of an application to the Tribunal, in accordance with Tribunal rules.
8 In section 65C (interpretation of Part 2A), in subsection (2), after the entry for “the Treaty” (but before the “and” following it) insert—
“the Tribunal;”
“Tribunal rules;”
.
9 (1) Section 65G (power to enter business premises under a warrant: Article 22(1) investigations) is amended as follows.
(2) In subsection (1), for the words before paragraph (a) substitute “ On an application made to it by the CMA, the court or the Tribunal may issue a warrant if it is satisfied that— ”.
(3) In subsection (3), for “the judge” substitute “ the court or (as the case may be) the Tribunal ”.
(4) After subsection (8) insert—
(8A) An application for a warrant under this section must be made—
(a) in the case of an application to the court, in accordance with rules of court;
(b) in the case of an application to the Tribunal, in accordance with Tribunal rules.
10 (1) Section 65H (power to enter domestic premises under a warrant: Article 22(1) investigations) is amended as follows.
(2) In subsection (1), for the words before paragraph (a) substitute “ On an application made to it by the CMA, the court or the Tribunal may issue a warrant if it is satisfied that— ”.
(3) In subsection (3), for “the judge” substitute “ the court or (as the case may be) the Tribunal ”.
(4) After subsection (8) insert—
(8A) An application for a warrant under this section must be made—
(a) in the case of an application to the court, in accordance with rules of court;
(b) in the case of an application to the Tribunal, in accordance with Tribunal rules.
SCHEDULE 14 Regulators: use of powers under the 1998 Act
Section 51(5)
Gas Act 1986 (c. 44)
1 The Gas Act 1986 is amended as follows.
2 (1) Section 28 (orders for securing compliance) is amended as follows.
(2) In subsections (1), (2) and (4), for “(5) and” (in each place where it occurs) substitute “ (4A) to ”.
(3) After subsection (4) insert—
(4A) Before making a final order or making or confirming a provisional order, the Authority shall consider whether it would be more appropriate to proceed under the Competition Act 1998.
(4B) The Authority shall not make a final order or make or confirm a provisional order if it considers that it would be more appropriate to proceed under the Competition Act 1998.
(4) In subsection (5), omit paragraph (c) and the “or” preceding it.
(5) In subsection (6)—
(a) in the words before paragraph (a), after “the Authority” insert “ decides that it would be more appropriate to proceed under the Competition Act 1998 or ”, and
(b) in paragraph (a), after “that it” insert “ has so decided or ”.
3 In section 30A (penalties), for subsection (2) substitute—
(2) Before imposing a penalty on a regulated person under subsection (1), the Authority shall consider whether it would be more appropriate to proceed under the Competition Act 1998.
(2A) The Authority shall not impose a penalty on a regulated person under subsection (1) if it considers that it would be more appropriate to proceed under the Competition Act 1998.
Electricity Act 1989 (c. 29)
4 The Electricity Act 1989 is amended as follows.
5 (1) Section 25 (orders for securing compliance) is amended as follows.
(2) In subsections (1), (2) and (4), for “(5) and” (in each place where it occurs) substitute “ (4A) to ”.
(3) After subsection (4) insert—
(4A) Before making a final order or making or confirming a provisional order, the Authority shall consider whether it would be more appropriate to proceed under the Competition Act 1998.
(4B) The Authority shall not make a final order or make or confirm a provisional order if it considers that it would be more appropriate to proceed under the Competition Act 1998.
(4) In subsection (5), omit paragraph (d) and the “or” preceding it.
(5) In subsection (6)—
(a) in the words before paragraph (a), after “the Authority” insert “ decides that it would be more appropriate to proceed under the Competition Act 1998 or ”, and
(b) in paragraph (a), after “that it” insert “ has so decided or ”.
6 In section 27A (penalties), for subsection (2) substitute—
(2) Before imposing a penalty on a regulated person under subsection (1), the Authority shall consider whether it would be more appropriate to proceed under the Competition Act 1998.
(2A) The Authority shall not impose a penalty on a regulated person under subsection (1) if it considers that it would be more appropriate to proceed under the Competition Act 1998.
7 In section 43 (functions with respect to competition), in subsection (6), for the words from the beginning to “(3) above” substitute “ If any question arises as to whether subsection (2) or (3) above applies to any particular case ”.
Water Industry Act 1991 (c. 56)
8 The Water Industry Act 1991 is amended as follows.
9 (1) Section 19 (exception to duty to enforce) is amended as follows.
(2) For subsection (1A) substitute—
(1A) Before making an enforcement order or confirming a provisional enforcement order, the Authority shall consider whether it would be more appropriate to proceed under the Competition Act 1998.
(1B) The Authority shall not make an enforcement order or confirm a provisional enforcement order if it considers that it would be more appropriate to proceed under the Competition Act 1998.
(3) In subsection (3)—
(a) in the words before paragraph (a), for “is satisfied as mentioned in subsection (1A) above” substitute “ has decided that it would be more appropriate to proceed under the Competition Act 1998 ”, and
(b) in paragraph (a), after “satisfied” insert “ or has so decided ”.
10 In section 22A (penalties), for subsection (13) substitute—
(13) Before imposing a penalty under this section, the Authority shall consider whether it would be more appropriate to proceed under the Competition Act 1998.
(14) The Authority shall not impose a penalty under this section if it considers that it would be more appropriate to proceed under the Competition Act 1998.
Railways Act 1993 (c. 43)
11 The Railways Act 1993 is amended as follows.
12 (1) Section 55 (orders for securing compliance) is amended as follows.
(2) For subsection (5A) substitute—
(5A) Before making a final order or making or confirming a provisional order, the Office of Rail Regulation shall consider whether it would be more appropriate to proceed under the Competition Act 1998.
(5AA) The Office of Rail Regulation shall not make a final order or make or confirm a provisional order if it considers that it would be more appropriate to proceed under the Competition Act 1998.
(3) In subsection (5D)(b), for “(5A)” substitute “ (5AA) ”.
13 In section 57A (penalties), for subsection (6) substitute—
(6) Before imposing a penalty under this section, the Office of Rail Regulation shall consider whether it would be more appropriate to proceed under the Competition Act 1998.
(7) The Office of Rail Regulation shall not impose a penalty under this section if it considers that it would be more appropriate to proceed under the Competition Act 1998.
14 In section 67 (functions of the Office of Rail Regulation with respect to competition), in subsection (8), for the words from the beginning to “(3) above” substitute “ If any question arises as to whether subsection (2) or (3) above applies to any particular case ”.
Transport Act 2000 (c. 38)
15 (1) Section 21 of the Transport Act 2000 (exceptions to duties to secure compliance) is amended as follows.
(2) In subsection (1), omit paragraph (b) and the “or” preceding it.
(3) After subsection (5) insert—
(6) Before making a final order or making or confirming a provisional order, the CAA must consider whether it would be more appropriate to proceed under the Competition Act 1998.
(7) The CAA must not make a final order or make or confirm a provisional order to the extent that it considers that it would be more appropriate to proceed under the Competition Act 1998.
Communications Act 2003 (c. 21)
16 The Communications Act 2003 is amended as follows.
17 In section 94 (notification of contravention of SMP apparatus conditions), for subsection (10) substitute—
(10) Before giving a notification under this section, OFCOM must consider whether it would be more appropriate to proceed under the Competition Act 1998.
(10A) OFCOM must not give a notification under this section if they consider that it would be more appropriate to proceed under the Competition Act 1998.
(10B) In a case where OFCOM decide that it would be more appropriate to proceed under the Competition Act 1998, they must publish a statement to that effect in such manner as they consider appropriate for bringing their decision to the attention of persons whom they consider are likely to be affected by it.
18 In section 96A (notification of contravention of condition other than SMP apparatus condition), for subsection (5) substitute—
(5) Before giving a notification under this section, OFCOM must consider whether it would be more appropriate to proceed under the Competition Act 1998.
(6) OFCOM must not give a notification under this section if they consider that it would be more appropriate to proceed under the Competition Act 1998.
(7) In a case where OFCOM decide that it would be more appropriate to proceed under the Competition Act 1998, they must publish a statement to that effect in such manner as they consider appropriate for bringing their decision to the attention of persons whom they consider are likely to be affected by it.
Postal Services Act 2011 (c. 5)
19 In Schedule 7 to the Postal Services Act 2011 (enforcement of regulatory requirements) for paragraph 4 substitute—
4 (1) Before giving a notification under paragraph 2, OFCOM must consider whether it would be more appropriate to proceed under the Competition Act 1998.
(2) OFCOM must not give a notification under paragraph 2 if they consider that it would be more appropriate to proceed under the Competition Act 1998.
(3) In a case where OFCOM decide that it would be more appropriate to proceed under the Competition Act 1998, they must publish a statement to that effect in such manner as they consider appropriate for bringing their decision to the attention of persons whom they consider are likely to be affected by it.
Health and Social Care Act 2012 (c. 7)
The Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1))
23 In article 46 of the Electricity (Northern Ireland) Order 1992, in paragraph (6), for the words from the beginning to “(2A) or (3)” substitute “ If any question arises as to whether paragraph (2) or (3) applies to any particular case ”.
The Energy (Northern Ireland) Order 2003 (S.I. 2003/419 (N.I. 6))
24 The Energy (Northern Ireland) Order 2003 is amended as follows.
25 (1) Article 42 (orders for securing compliance) is amended as follows.
(2) In paragraph (1), for “, (5) and” substitute “ and (5) to ”.
(3) In paragraphs (2) and (4), for “(5) and” substitute “ (5) to ”.
(4) In paragraph (5), omit sub-paragraph (b) and the “or” preceding it.
(5) After that paragraph insert—
(5A) Before making a final order or making or confirming a provisional order in relation to a licence holder, the Authority shall consider whether it would be more appropriate to proceed under the Competition Act 1998.
(5B) The Authority shall not make a final order or make or confirm a provisional order in relation to a licence holder if it considers that it would be more appropriate to proceed under the Competition Act 1998.
(6) In paragraph (7)—
(a) in the words before sub-paragraph (a), after “(6)” insert “ or decides that it would be more appropriate to proceed under the Competition Act 1998 ”, and
(b) in sub-paragraph (a), after “satisfied” insert “ or has so decided ”.
26 In article 45 (financial penalties), for paragraph (3) substitute—
(3) Before imposing a penalty under paragraph (1) or (2) the Authority shall consider whether it would be more appropriate to proceed under the Competition Act 1998.
(3A) The Authority shall not impose a penalty under paragraph (1) or (2) if it considers that it would be more appropriate to proceed under the Competition Act 1998.
The Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21))
27 The Water and Sewerage Services (Northern Ireland) Order 2006 is amended as follows.
28 (1) Article 31 (exceptions to duty to enforce) is amended as follows.
(2) In paragraph (1), omit sub-paragraph (d) and the “or” preceding it.
(3) After that paragraph insert—
(1A) Before making an enforcement order or confirming a provisional enforcement order under Article 30, the Authority shall consider whether it would be more appropriate to proceed under the Competition Act 1998.
(1B) The Authority shall not make an enforcement order or confirm a provisional enforcement order under that Article if it considers that it would be more appropriate to proceed under the Competition Act 1998.
(4) In paragraph (3)—
(a) in the words before sub-paragraph (a)—
(i) for “, (c) or (d)” substitute “ or (c) ”, and
(ii) after “paragraph (1)” insert “ or decides that it would be more appropriate to proceed under the Competition Act 1998 ”, and
(b) in sub-paragraph (a), after “so satisfied” insert “ or has so decided ”.
29 In article 35 (financial penalties), for paragraph (11) substitute—
(11) Before imposing a penalty under this Article the Authority shall consider whether it would be more appropriate to proceed under the Competition Act 1998.
(12) The Authority shall not impose a penalty under this Article if it considers that it would be more appropriate to proceed under the Competition Act 1998.