Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
UK Green Investment Bank
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References in this Part to the UK Green Investment Bank are to the public company limited by shares incorporated on 15 May 2012 with the company number SC424067 and with the name UK Green Investment Bank plc.
In this Part “UK Green Investment Bank company” means—
the UK Green Investment Bank, or
a company that is or at any time has been in the same group as the Bank.
For the purposes of subsection (10) a company is to be regarded as being in the same “group” as the UK Green Investment Bank, if, for the purposes of section 1161(5) of the Companies Act 2006, the company is a group undertaking in relation to the UK Green Investment Bank.
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... the Secretary of State may, with the consent of the Treasury, give a UK Green Investment Bank company financial assistance at any time when the Crown holds shares in it or another UK Green Investment Bank company.
The financial assistance may be given in any form that the Secretary of State, with the consent of the Treasury, considers appropriate.
It may in particular be given by way of—
grants,
loans,
guarantees,
the purchase of share capital of the company, or
the transfer of assets or rights to the company.
The financial assistance may be provided subject to such terms and conditions as the Secretary of State, with the consent of the Treasury, considers appropriate (including, in the case of a grant or a loan, conditions requiring repayment or, in the case of a guarantee, conditions requiring reimbursement of any sums paid under it).
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Nothing in this section affects the exercise of any power of the Treasury or the Secretary of State to give financial assistance to a UK Green Investment Bank company otherwise than under this section at a time when the Crown does not hold shares in it or another UK Green Investment Bank company.
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Subsection (2) applies if—
... copies of the UK Green Investment Bank's annual accounts and reports are, in accordance with section 437 of the Companies Act 2006, laid before it in general meeting, and
as at the date of the meeting, the Crown holds shares in a UK Green Investment Bank company.
The Secretary of State must, as soon as practicable after the meeting, lay a copy of the annual accounts and reports before Parliament.
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As soon as reasonably practicable after a disposal of shares held by the Crown in a UK Green Investment Bank company the Secretary of State must lay before Parliament a report on the disposal.
The report—
must state—
the kind of disposal, and
the proportion of the company's share capital retained by the Crown (or that none has been retained); and
must include—
an assessment of how the Secretary of State's objectives for the disposal have been achieved, and
where the Crown still holds one or more shares in a UK Green Investment Bank company, details of the Secretary of State's intentions as to the Crown's future role and interest in such companies.
The Secretary of State must give a copy of the report to—
the Scottish Ministers,
the Welsh Ministers, and
the Office of the First Minister and deputy First Minister in Northern Ireland.
Subsection (3) applies to a report as described in section 38 of the Enterprise Act 2016 as well as to a report under this section.
Employment
Conciliation
After section 18 of the Employment Tribunals Act 1996 (conciliation) insert—
Schedule 1 (conciliation: minor and consequential amendments) has effect.
Schedule 2 (extension of limitation periods to allow for conciliation) has effect.
Section 18 of the Employment Tribunals Act 1996 (conciliation) is amended as follows.
In subsection (8) (power of Secretary of State and Lord Chancellor to amend list in subsection (1) of section 18), for paragraphs (a) and (b) substitute “ amend the definition of “relevant proceedings” in subsection (1) by adding to or removing from the list in that subsection particular types of employment tribunal proceedings. ”
After subsection (8) insert—
ACAS
In Part 6 of the Trade Union and Labour Relations (Consolidation) Act 1992 (ACAS etc), after section 251A insert—
Procedure for deciding tribunal cases
In section 4 of the Employment Tribunals Act 1996 (composition of a tribunal), after subsection (6C) insert—
In section 41(2) of that Act (orders etc subject to affirmative resolution procedure), after “section 4(4)” insert “ or (6D) ”.
The Employment Tribunals Act 1996 is amended as set out in subsections (2) to (4).
In section 28 (composition of Appeal Tribunal), for subsections (2) to (4A) substitute—
In section 30 (Appeal Tribunal procedure rules), in subsection (2)(f) (provision for dealing with interlocutory matters), for the words from “otherwise” to the end substitute “ by an officer of the Appeal Tribunal ”.
In section 41(2) (orders etc subject to affirmative resolution procedure), before “or 40” insert “ , 28(5) ”.
In consequence of the amendment made by subsection (2), omit paragraph 46 of Schedule 8 to the Tribunals, Courts and Enforcement Act 2007.
Unfair dismissal
In section 108 of the Employment Rights Act 1996 (qualifying period of employment), after subsection (3) insert—
After section 111 of the Employment Rights Act 1996 insert—
The Secretary of State may by order made by statutory instrument amend section 124 of the Employment Rights Act 1996 (limit of compensatory award etc) so as to vary the limit imposed for the time being by subsection (1) of that section.
The limit as so varied may be—
a specified amount, or
the lower of—
a specified amount, and
a specified number multiplied by a week's pay of the individual concerned.
Different amounts may be specified by virtue of subsection (2)(a) or (b)(i) in relation to employers of different descriptions.
An amount specified by virtue of subsection (2)(a) or (b)(i)—
may not be less than median annual earnings;
may not be more than three times median annual earnings.
A number specified by virtue of subsection (2)(b)(ii) may not be less than 52.
An order under this section may make consequential, supplemental, transitional, transitory or saving provision.
The consequential provision that may be made under subsection (6) includes provision inserting a reference to section 124 of the Employment Rights Act 1996 in section 226(3) of that Act (week's pay: calculation date in unfair dismissal cases).
A statutory instrument containing an order under this section is not to be made unless a draft of the instrument has been laid before each House of Parliament and approved by a resolution of each House.
In this section “median annual earnings” means—
the latest figure for median gross annual earnings of full-time employees in the United Kingdom published by the Statistics Board (disregarding any provisional figures), or
if that figure was published by the Statistics Board more than two years before the laying of the draft of the statutory instrument in question, an estimate of the current amount of such earnings worked out in whatever way the Secretary of State thinks fit.
In section 34 of the Employment Relations Act 1999 (indexation of amounts etc), after subsection (4) insert—
Financial penalties
After section 12 of the Employment Tribunals Act 1996 insert—
Schedule 3 (financial penalties: minor and consequential amendments) has effect.
Protected disclosures
In section 43B of the Employment Rights Act 1996 (disclosures qualifying for protection), in subsection (1), after “in the reasonable belief of the worker making the disclosure,” insert “ is made in the public interest and ”.
Omit the words “in good faith” in the following provisions of Part 4A of the Employment Rights Act 1996 (protected disclosures)—
subsection (1) of section 43C (disclosure to employer or other responsible person);
paragraph (b) of section 43E (disclosure to Minister of the Crown);
subsection (1)(a) of section 43F (disclosure to prescribed person).
In section 43G of that Act (disclosure in other cases), in subsection (1)—
omit paragraph (a);
in paragraph (b), for “he” substitute “ the worker ”.
In section 43H of that Act (disclosure of exceptionally serious failure), in subsection (1)—
omit paragraph (a);
in paragraph (b), for “he” substitute “ the worker ”.
In section 49 of that Act (remedies for detriment suffered in employment), after subsection (6) insert—
In section 123 of that Act (compensatory award for unfair dismissal), after subsection (6) insert—
In section 47B of the Employment Rights Act 1996 (protected disclosures), after subsection (1) insert—
In section 48 of that Act (complaints to employment tribunals), in subsection (5)—
for “includes, where” substitute;
at the end insert—
Section 43K of the Employment Rights Act 1996 (extension of meaning of “worker”) is amended as set out in subsections (2) to (7).
In subsection (1)(ba)—
omit the words after “the National Health Service (Wales) Act 2006”.
In subsection (1)(bb), after “section 17J” insert “ or 17Q ”.
In subsection (1)(c)—
for the words before “in accordance with arrangements” substitute “ works or worked as a person providing services ”;
in sub-paragraph (ii), after “section” insert “ 2C, 17AA, 17C, ”.
Omit subsection (1)(ca) and the preceding “or”.
Omit subsection (2)(ba).
After subsection (3) insert—
In section 236(3) of that Act (orders etc subject to affirmative resolution procedure), after “shall be made under section” insert “ 43K(4), ”.”
In consequence of the amendments made by subsections (5) and (6), omit paragraph 7(a)(ii) and (b) of the Schedule to the Smoking, Health and Social Care (Scotland) Act 2005 (Consequential Modifications) (England, Wales and Northern Ireland) Order 2006 (S.I. 2006/1056).
Until the coming into force of the repeal (made by Schedule 3 to the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13)) of sections 27 to 28 of the National Health Service (Scotland) Act 1978 (“the 1978 Act”), section 43K(1)(c)(ii) of the Employment Rights Act 1996 has effect as if it included a reference to section 27A of the 1978 Act.
Miscellaneous
The Employment Tribunals Act 1996 is amended as follows.
In section 9 (pre-hearing reviews and preliminary matters), in subsection (2) (deposit orders), in paragraph (a)—
omit “, if he wishes to continue to participate in those proceedings,”;
after “an amount not exceeding £1,000” insert.
In section 13A (payments in respect of preparation time)—
in subsection (3), after “shall also” insert “ , subject to subsection (4), ”;
after subsection (3) insert—
In section 42 (interpretation), in subsection (1), after the definition of “employment tribunal procedure regulations” insert—.
Section 34 of the Employment Relations Act 1999 (indexation of amounts, etc) is amended as follows.
In subsection (2)—
omit “as soon as practicable”;
at the end insert “ , with effect from the following 6th April ”.
In subsection (3), for the words after “the Secretary of State shall” substitute “ round the result to the nearest whole pound, taking 50p as nearest to the next whole pound above ”.
In the following provisions, for “compromise” (in each place where it occurs) substitute “ settlement ”
In section 19A of the Employment Tribunals Act 1996 (conciliation: recovery of sums payable under compromises)—
in subsections (1), (3), (4), (5) and (6), for “compromise” (in each place where it occurs) substitute “ settlement ”;
in subsection (12)—
for “compromise” (in the first two places it occurs) substitute “ settlement ”;
omit “, or compromise,”;
in the heading, for “compromises” substitute “ settlements ”.
In section 49 of the National Minimum Wage Act 1998 (restrictions on contracting out)—
in subsections (3) and (4), for “compromise” (in each place where it occurs) substitute “ settlement ”;
after subsection (8) insert—
In section 28 of the Equality Act 2006 (legal assistance), in subsection (11), for “compromise contract or agreement” substitute “ settlement agreement ”.
In section 144 of the Equality Act 2010 (contracting out), in subsection (4)(b), for “compromise contract” substitute “ settlement agreement ”.
In section 147 of that Act (meaning of “qualifying compromise contract”), in subsections (2) and (5) and in the heading, for “compromise contract” substitute “ settlement agreement ”.
General
Section 10 does not apply in relation to a disclosure, or a request for information, made before that section comes into force.
Section 12 does not apply in relation to proceedings that are in the process of being heard by the Employment Appeal Tribunal when that section comes into force.
Section 14 does not apply to any offer made or discussions held before the commencement of that section.
Section 16 does not apply in relation to any claim presented before the end of the sixth month after the day on which this Act is passed (or before the commencement of that section).
The Competition and Markets Authority
There is to be a body corporate known as the Competition and Markets Authority.
In this Part that body is referred to as “the CMA”.
The CMA must seek to promote competition, both within and outside the United Kingdom, for the benefit of consumers.
Schedule 4 (which makes provision about the CMA) has effect.
In making any decision, or otherwise taking action, for the purposes of any of its functions within Schedule 4A the CMA must have regard to the need for making a decision, or taking action, as soon as reasonably practicable.
The Competition Commission is abolished.
The Office of Fair Trading is abolished.
Schedule 5 (which amends the Competition Act 1998 and the Enterprise Act 2002 to make provision for the transfer of certain functions from the Competition Commission and the Office of Fair Trading to the CMA and to make other minor and consequential amendments) has effect.
Schedule 6 (which amends other enactments to make provision for the transfer of certain functions from the Competition Commission and the Office of Fair Trading to the CMA) has effect.
The Secretary of State may make one or more transfer schemes in connection with—
the establishment of the CMA under this Act,
the transfer of functions under or by virtue of this Act from the Competition Commission or the Office of Fair Trading to the CMA, or
the abolition of that Commission or that Office under this Act.
A transfer scheme is a scheme for the transfer of property, rights and liabilities of the Competition Commission or the Office of Fair Trading to—
the CMA, or
a Minister of the Crown (as defined by section 8 of the Ministers of the Crown Act 1975).
The things that may be transferred under a transfer scheme include—
property, rights and liabilities that could not otherwise be transferred;
property acquired, and rights and liabilities arising, after the making of the scheme.
A transfer scheme may make consequential, supplementary, incidental or transitional provision and may in particular—
create rights, or impose liabilities, in relation to property or rights transferred;
make provision about the continuing effect of things done by the transferor in respect of anything transferred;
make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of, or in relation to the transferor in respect of anything transferred;
make provision for references to the transferor in an instrument or other document in respect of anything transferred to be treated as references to the transferee;
make provision for the shared ownership or use of property;
make provision that is the same as or similar to the TUPE regulations.
A transfer scheme may provide—
for the scheme to be modified by agreement after it comes into effect;
for modifications to have effect from the date when the scheme first came into effect.
For the purposes of this section—
an individual who holds employment in the civil service is to be treated as employed by virtue of a contract of employment, and
the terms of the individual's employment in the civil service are to be regarded as constituting the terms of the contract of employment.
In this section—“civil service” means the civil service of the State;“TUPE regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246); references to rights and liabilities include rights and liabilities relating to a contract of employment; references to the transfer of property include references to the grant of a lease.
This section applies in relation to a provision of this Act under or by virtue of which the CMA has a function of consulting another person in preparing rules, statements of policy, guidance or general advice or information.
At any time before the provision comes into force, the Office of Fair Trading or the Competition Commission or both bodies acting jointly—
may carry out any consultation that the CMA would have power to carry out after the provision comes into force, and
for that purpose, may prepare drafts of any documents to which the consultation relates.
At any time after the provision comes into force, the CMA may elect to treat any consultation carried out or other thing done under subsection (2) by the Office of Fair Trading or the Competition Commission (or by both bodies acting jointly) as carried out or done by the CMA.
The Secretary of State may direct the Office of Fair Trading or the Competition Commission, or both of them acting jointly, to exercise a power conferred by subsection (2).
Competition Reform
Investigation powers
Section 109 of the Enterprise Act 2002 (“the 2002 Act”) (investigation powers in connection with attendance of witnesses etc.) is amended as follows.
Before subsection (1) insert—
In subsection (1), for the words from the beginning to “under this Part,” substitute “ The CMA may, for a permitted purpose, ”.
In subsection (2), for the words from the beginning to “under this Part,” substitute “ The CMA may, for a permitted purpose, ”.
In subsection (3), for the words from the beginning to “under this Part,” substitute “ The CMA may, for a permitted purpose, ”.
In subsection (4), after “shall” insert.
In subsection (5), for the words from the beginning to “under this Part,” substitute “ The CMA, or any person nominated by it for the purpose, may for a permitted purpose ”.
In subsection (6), for the words from “for the purpose of” to “under this Part” substitute “ for a permitted purpose ”.
After subsection (8) insert—
In section 110 (enforcement of powers under section 109: general), omit subsection (4).
After section 110 insert—
In section 111 (penalties), in subsection (5)(b)—
in sub-paragraph (i), omit “or (as the case may be) the obstruction or delay is removed”, and
in sub-paragraph (ii), for the words from “the day” to the end of the sub-paragraph substitute “ the day which is the relevant day in the case in question for the purposes of section 110A ”.
Interim measures
Omit section 71 of the 2002 Act (initial undertakings: completed mergers).
Section 72 of that Act (initial enforcement orders: completed mergers) is amended as follows.
For subsection (1) substitute—
Omit subsection (3).
Before subsection (4) insert—
After subsection (3B) insert—
In subsection (6), in each of paragraphs (a) and (d), after “section 22” insert “ or 33 ”.
After subsection (7) insert—
In the heading for “completed mergers” substitute “ completed or anticipated mergers ”.
Schedule 7 (which makes further provision about interim measures under Part 3 of the 2002 Act) has effect.
After section 94 of the 2002 Act (rights to enforce undertakings and orders under Part 3) insert—
In section 120 of that Act (review of decisions under Part 3), in subsection (2)(a), for “section 110(1) or (3)” substitute “ section 94A(1) or 110(1) or (3) ”.
In section 124 of that Act (orders and regulations under Part 3)—
in subsection (4), before “or 102” insert “ , 94A(6) ”, and
in subsection (5), before “111(4) or (6),” insert “ 94A(3) or (6), ”.
Time-limits
In section 103 of the 2002 Act (duty of expedition in relation to references), in subsection (1), for the words from the beginning to “the OFT” substitute “ In making any decision for the purposes of its functions of making and determining references under this Part, the CMA ”.
Schedule 8 (which makes provision about time-limits in relation to the mergers reference regime under Part 3 of the 2002 Act) has effect.
Cross-market investigations
Section 131 of the 2002 Act (power to make market investigation references) is amended as follows.
After subsection (2) insert—
In subsection (4)(a), for “section 156(1)” substitute “ section 156(A1) or (1) ”.
In subsection (6)—
before the definition of “market in the United Kingdom” insert—, and
after the definition of “market investigation reference” insert—.
Section 132 of the 2002 Act (ministerial power to make market investigation references) is amended as follows.
After subsection (3) insert—
In subsection (4), for “section 156(1)” substitute “ section 156(A1) or (1) ”.
Public interest interventions
Part 4 of the 2002 Act (market investigations) is amended as follows.
Section 139 (power of Secretary of State to give public interest intervention notices) is amended as follows.
For subsection (1) substitute—
In subsection (2)—
in the words before paragraph (a), after “may” insert “ , within the permitted period, ”,
in paragraph (a)(i), after “131” insert “ in relation to the matter ”, and
in paragraph (c), for “case” (in the second place where it occurs) substitute “ proposal to accept the undertaking ”.
After subsection (2) insert—
For subsection (4) substitute—
After subsection (4B) insert—
After section 140 insert—
After section 141 insert—
Schedule 10 (which contains amendments of Part 4 of the 2002 Act which are consequential on or otherwise related to this section) has effect.
Investigation powers
Section 174 of the 2002 Act (investigation powers) is amended as follows.
For subsections (1) and (2) substitute—
In subsection (6), after “shall” insert.
After subsection (6) insert—
In subsection (7), for “the purpose mentioned in subsection (1)” substitute “ a permitted purpose ”.
After subsection (9) insert—
For the heading substitute “ Attendance of witnesses and production of documents etc. ”.
Schedule 11 (which makes provision about the enforcement of the powers under section 174 of the 2002 Act, as amended by this section, and which makes consequential amendments of that Act) has effect.
Interim measures
Part 4 of the 2002 Act (market investigations) is amended as follows.
In section 157 (interim undertakings: Part 4), after subsection (2) insert—
After subsection (2B) of that section insert—
In section 158 (interim orders: Part 4), after subsection (2) insert—
After subsection (2B) of that section insert—
Time-limits and procedure
Schedule 12 (which makes provision about consultation in relation to decisions whether to make a market investigation reference and about time-limits in relation to the conduct of market studies and the markets investigation reference regime under Part 4 of the 2002 Act) has effect.
Investigation powers
Part 1 of the Competition Act 1998 (“the 1998 Act”) (competition) is amended as follows.
After section 26 (powers when conducting investigations) insert—
For the heading of section 26 substitute “ Investigations: powers to require documents and information ”.
Section 30A (use of statements in prosecution) is amended as follows.
The existing text becomes subsection (1).
In subsection (1), for “26 to 28A” substitute “ 26 and 27 to 28A ”.
After that subsection insert—
Part 1 of the 1998 Act (competition) is amended as follows.
After section 40 insert—
In subsection (1), after “under this Part” insert “ in respect of an infringement of the Chapter 1 prohibition, the Chapter 2 prohibition, the prohibition in Article 81(1) or the prohibition in Article 82 ”.
In subsection (1A), for “a penalty under this Part” substitute “ such a penalty ”.
In subsection (8), after “under this Part” insert “ in respect of an infringement of a kind mentioned in subsection (1) ”.
Section 42 (offences of failure to comply with requirements imposed in investigations and obstruction) is amended as follows.
Omit subsections (1) to (4).
In subsection (6), omit “(1) or”.
Schedule 13 (which amends the 1998 Act to extend the powers under that Act to issue warrants to the Competition Appeal Tribunal) has effect.
Part 1 of the 1998 Act (competition) is amended as follows.
After section 25 (power to investigate) insert—
Schedule 9 (examples of provision that may be made in rules) is amended as follows.
After paragraph 1 insert—
After paragraph 13 insert—
After paragraph 13A insert—
After paragraph 13B insert—
Interim measures and other sanctions
In section 35 of the 1998 Act (interim measures), in subsection (2)(a), for “serious, irreparable damage” substitute “ significant damage ”.
Part 1 of the 1998 Act (competition) is amended as follows.
In section 36 (penalties), after subsection (7) insert—
In section 38 (guidance on level of penalties), in subsection (8), before “must have regard” insert “ and the Tribunal ”.
Miscellaneous
After section 31E of the 1998 Act insert—
The Secretary of State must—
review the operation of Part 1 of the 1998 Act, and
prepare and publish a report on the outcome of the review.
The report must be published before the end of the period of 5 years beginning with the day on which Part 1 of Schedule 5 (which transfers the functions of the Office of Fair Trading under Part 1 of the 1998 Act to the Competition and Markets Authority) comes into force.
The Secretary of State must lay the report before Parliament.
Section 188 of the 2002 Act (cartel offence) is amended as follows.
In subsection (1), omit “dishonestly”.
Omit subsection (6).
After subsection (7) insert—
After that section insert—
After section 188A (as inserted by subsection (5) above) insert—
After section 190 of the 2002 Act insert—
The amendments made by subsections (1) to (6) apply only in relation to agreements falling within section 188(1) of the 2002 Act which—
are made after the commencement of this section, and
relate to arrangements made or to be made after that commencement.
Section 194 of the 2002 Act (power to enter premises under a warrant) is amended as follows.
In subsection (1), for the words from the beginning to “if he is satisfied” substitute “ On an application made to it by the CMA or, in Scotland, the procurator fiscal, the appropriate body may issue a warrant if it is satisfied ”.
After subsection (1) insert—
After subsection (4) insert—
In Schedule 4 to that Act, before paragraph 11, but after the cross-heading immediately preceding it, insert—
In section 14 of that Act (constitution of Tribunal for particular proceedings and its decisions), in subsection (5), for “paragraph 18” substitute “ paragraphs 10A(1)(a) and 18 ”.
Enforcement orders: markets and mergers
In Schedule 8 to the 2002 Act (provision that may be contained in certain enforcement orders made under Part 3 or 4 of that Act), after paragraph 20B insert—
Schedule 8 to the 2002 Act (provision that may be contained in certain enforcement orders made under Part 3 or 4 of that Act) is amended as follows.
Omit paragraph 15 (publication etc. of price information).
Paragraph 17 (publication etc. of other information) is amended as follows.
In sub-paragraph (1)—
in the words before paragraph (a), after “publish” insert “ or otherwise notify ”, and
after paragraph (c) insert—
After sub-paragraph (1) insert—
In paragraph 18 (supplementary provision about orders under paragraphs 15 and 17), omit “15 or”.
Concurrency
Section 54 of the 1998 Act (concurrent powers for regulators) is amended as follows.
In subsection (6)—
after “may” insert, and
after “Secretary of State” insert “ , the CMA ”.
After subsection (6) insert—
After subsection (6A) insert—
Schedule 14 (which makes provision governing the relationship between the powers of regulators under the 1998 Act and those under sector-specific legislation) has effect.
The Secretary of State may make a sectoral regulator order if the Secretary of State considers that it is appropriate to do so for the purpose of promoting competition, within any market or markets in the United Kingdom, for the benefit of consumers.
A sectoral regulator order is an order that amends one or more enactments so as to remove from a sectoral regulator either or both of the following—
all the functions of the regulator under Part 1 of the 1998 Act that are exercisable concurrently by the regulator and the Competition and Markets Authority (“the CMA”) or that would be so exercisable but for provision made by virtue of section 54(5)(e) of that Act;
all the functions of the regulator under Part 4 of the 2002 Act that are exercisable concurrently by the regulator and the CMA.
A sectoral regulator order may make such other amendments of any enactment as the Secretary of State considers appropriate in consequence of the removal of the functions.
Each of the following is a sectoral regulator—
the Office of Communications;
the Gas and Electricity Markets Authority;
the Water Services Regulation Authority;
the Office of Rail and Road ;
the Northern Ireland Authority for Utility Regulation;
the Civil Aviation Authority.
the Payment Systems Regulator established under section 40 of the Financial Services (Banking Reform) Act 2013.
the Financial Conduct Authority.
A sectoral regulator order may include transitional, transitory or saving provision.
A statutory instrument containing a sectoral regulator order 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.
In this section—“amend” includes repeal or revoke;“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, an enactment contained in, or in an instrument made under, a Measure or Act of the National Assembly for Wales, and an enactment contained in, or in an instrument made under, Northern Ireland legislation.
The references to the CMA in subsection (2) are to be read, in relation to any time before the commencement of section 25(3), as references to the Office of Fair Trading.
If the Secretary of State proposes to make a sectoral regulator order, the Secretary of State must carry out the first stage consultation.
The first stage consultation is consultation with—
the regulator whose functions would be removed by the order,
the Competition and Markets Authority,
where the regulator is the Office of Rail and Road , the Scottish Ministers,
where the regulator is the Northern Ireland Authority for Utility Regulation, the Department of Enterprise, Trade and Investment in Northern Ireland and the Department for Regional Development in Northern Ireland, and
where the regulator is the Water Services Regulation Authority, the Welsh Ministers.
If (following the first stage consultation) the Secretary of State still proposes to make a sectoral regulator order, the Secretary of State must carry out the second stage consultation.
The second stage consultation is consultation with—
the persons consulted at the first stage,
any bodies who appear to the Secretary of State to represent the interests of persons in respect of whom the functions that would be removed by the order are exercisable (“regulated providers”),
any bodies who appear to the Secretary of State to represent the interests of persons who use the services supplied by regulated providers, and
such other persons as the Secretary of State considers appropriate.
The Secretary of State must give the following information to each of the persons consulted as part of the first stage or second stage consultation—
an explanation as to whether the Secretary of State is proposing to remove the functions of the regulator mentioned in subsection (2)(a) of section 52, the functions of the regulator mentioned in subsection (2)(b) of that section or both sets of functions;
the reasons why the Secretary of State considers it appropriate to make the order.
The reference to the Competition and Markets Authority in subsection (2) is to be read, in relation to any time before the commencement of section 25(3), as a reference to the Office of Fair Trading.
In this section, “sectoral regulator order” has the same meaning as in section 52.
Miscellaneous
After section 193 of the Communications Act 2003 (reference of price control matters) insert—
In section 241 of the 2002 Act (disclosure of information for the purpose of exercise of statutory functions), after subsection (2) insert—
The Secretary of State must, before the end of each review period—
carry out a review of the provisions of this Part mentioned in subsection (2), and
prepare and publish a report setting out the conclusions of the review.
The provisions of this Part are—
The report must in particular—
set out the objectives intended to be achieved by the provisions,
assess the extent to which those objectives have been achieved, and
assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in another way which imposed less regulation.
The Secretary of State must lay the report before Parliament.
Each of the following is a review period for the purposes of this section—
the period of 5 years beginning with the first day on which any of the provisions mentioned in subsection (2) comes into force (whether wholly or partly), and
each successive period of 5 years.
Schedule 15 (which makes minor and consequential amendments related to this Part) has effect.
In this Part—“the 1998 Act” means the Competition Act 1998;“the 2002 Act” means the Enterprise Act 2002.
Reduction of legislative burdens
Sunset and review
The Interpretation Act 1978 is amended as follows.
After section 14 (implied power to amend) insert—
Heritage planning etc
The Planning (Listed Buildings and Conservation Areas) Act 1990 is amended as follows.
In Chapter 2 of Part 1, after section 26 insert—
After section 26B insert—
After section 28 insert—
Schedule 16 (which inserts Schedule 2A to the Planning (Listed Buildings and Conservation Areas) Act 1990) has effect.
In the Planning (Listed Buildings and Conservation Areas) Act 1990 after section 26G insert—
Section 1 of the Osborne Estate Act 1902 is amended as follows.
In subsection (3) (land to be managed in accordance with Crown Lands Act 1851) omit “as if it had been committed to their management under section twenty-two of the Crown Lands Act, 1851”.
Omit subsection (4)(b) (part of house and grounds to be used for the benefit of officers and their families).
Omit the following provisions (which relate to land no longer forming part of the Osborne estate)—
in subsection (3) the words from “and the part” to “Barton House and grounds)”;
in subsection (4) the words from “And the Commissioners” to the end.
The Osborne Estate Act 1914 (which gives power to extend the classes of persons who may benefit under section 1(4)(b) of the Osborne Estate Act 1902) is repealed.
Schedule 17 (heritage planning regulation) has effect.
Equality Acts
In the Equality Act 2006 omit—
sections 10(1) and (4) to (8) and 19 (groups);
section 27 (conciliation).
In section 12(4)(b) of that Act (monitoring progress: reports every three years) for “three” substitute “ five ”.
The following subsections make further amendments to the Equality Act 2006.
In section 7(3) (Scotland: human rights) omit “or 10”.
In section 9(4) and (5) (human rights) omit “or 10”.
In section 12 (monitoring progress)—
in subsection (1)(b) for “the development of the society described in section 3” substitute “ changes in society that are consistent with those duties ”.
In section 13(1) (information, advice etc) for “to 10” substitute “ and 9 ”.
In section 16(1) (inquiries) for “, 9 and 10” substitute “ and 9 ”.
In section 17(1) (grants) for “to 10” substitute “ and 9 ”.
In section 39(4) (orders and regulations) for “10(6), 15(6) or 27(10)” substitute “ 15(6) ”.
In Schedule 1 (the Commission)—
in paragraph 39 omit “or 27”;
omit paragraph 52(1)(a)(v) and (vi) and (b);
for paragraph 52(3)(b) substitute—;
in paragraph 52(3)(c) omit “, 27(2) and (3)”.
The following subsections amend the Equality Act 2010 in consequence of subsection (1).
In section 118 (time limits)—
in subsection (2) omit “or (4)”;
omit subsection (4).
In Schedule 17 (disabled pupils: enforcement) omit—
paragraph 4(2) (time limits where dispute referred to conciliation under section 27 of the Equality Act 2006);
in paragraph 4(2A), “or for conciliation in pursuance of arrangements under section 27 of the Equality Act 2006”.
In section 40 of the Equality Act 2010 (employees and applicants: harassment) omit subsections (2) to (4).
In the Equality Act 2010, omit section 138 (obtaining information, etc).
That does not affect section 138 for the purposes of proceedings that relate to a contravention occurring before this section comes into force.
Regulatory Enforcement and Sanctions Act 2008
Section 22 of the Regulatory Enforcement and Sanctions Act 2008 (scope of Part 2) is amended in accordance with subsections (2) to (5).
Before subsection (1), insert—
In subsection (1), for the words from “This Part” to “a person” substitute.
After subsection (1) insert—
For subsection (2) substitute—
In section 24 of that Act, after subsection (6) insert—
Section 30 of the Regulatory Enforcement and Sanctions Act 2008 (inspection plans) is amended as follows.
After subsection (3) insert—
In subsection (7)—
for the words from the beginning to “exercising” substitute “ Where the primary authority exercises ”;
after “regulated person” insert “ , it ”.
After subsection (7) insert—
Omit subsection (8).
In subsection (9) for “(8)” substitute “ (7A)(a) ”.
After subsection (9) insert—
In subsection (10), for “(9)” substitute “ (9B) ”.
After subsection (10) insert—
Miscellaneous
Section 47 of the Health and Safety at Work etc. Act 1974 (civil liability) is amended as set out in subsections (2) to (7).
In subsection (1), omit paragraph (b) (including the “or” at the end of that paragraph).
For subsection (2) substitute—
In subsection (3), omit the words from “, whether brought by virtue of subsection (2)” to the end.
In subsection (4)—
for “and (2)” substitute “ , (2) and (2A) ”, and
for “(3)” substitute “ (2B)(a) ”.
Omit subsections (5) and (6).
After subsection (6) insert—
Where, on the commencement of this section, there is in force an Order in Council made under section 84(3) of the Health and Safety at Work etc. Act 1974 that applies to matters outside Great Britain any of the provisions of that Act that are amended by this section, that Order is to be taken as applying those provisions as so amended.
The amendments made by this section do not apply in relation to breach of a duty which it would be within the legislative competence of the Scottish Parliament to impose by an Act of that Parliament.
The amendments made by this section do not apply in relation to breach of a duty where that breach occurs before the commencement of this section.
In section 1 of the Estate Agents Act 1979 (estate agency work), for subsection (4) substitute—
In Part 14 of the Insolvency Act 1986 (public administration (England and Wales)), before section 399 and the cross-heading which precedes it insert—
In Part 9 of that Act (bankruptcy), before Chapter 1 insert the Chapter set out in Schedule 18 (adjudicators: bankruptcy applications by debtors and bankruptcy orders).
Schedule 19 (adjudicators: minor and consequential amendments) has effect.
The Agricultural Wages Board for England and Wales is abolished.
Every agricultural wages committee for an area in England is abolished.
Every agricultural dwelling-house advisory committee for an area in England is abolished.
Schedule 20 (abolition of Agricultural Wages Board and related English bodies: consequential provision) has effect.
Schedule 21 (unnecessary regulation: miscellaneous) has effect.
Miscellaneous and general
Copyright and rights in performances
The Copyright, Designs and Patents Act 1988 is amended as follows.
Omit section 52 (effect of exploitation of design derived from artistic work).
In consequence omit the following—
section 79(4)(g);
in Schedule 1 paragraph 20.
Chapter 3 of Part 1 of the Copyright, Designs and Patents Act 1988 (acts permitted in relation to copyright works), or
Schedule 2 to that Act (rights in performances: permitted acts).
Section 170 of the Copyright, Designs and Patents Act 1988 (transitional provisions and savings) is amended as follows.
At the beginning insert “ (1) ”.
At the end insert—
The Copyright, Designs and Patents Act 1988 is amended as follows.
In section 116 (licensing schemes and licensing bodies) after subsection (4) insert—
After section 116 insert—
Schedule 22 (which inserts Schedule A1 to the Copyright, Designs and Patents Act 1988 and makes provision in relation to performers' rights corresponding to provision made by this section in relation to copyright) has effect.
Paragraph 1(1)(d) of Schedule 2 to the European Communities Act 1972 (limitation on criminal penalties) does not apply for the purposes of provision under section 2(2) of that Act implementing Directive 2011/77/EU amending Directive 2006/116/EC on the term of protection of copyright and certain related rights.
Payments to directors of quoted companies
In section 421 of the Companies Act 2006 (contents of directors' remuneration report) after subsection (2) insert—
After section 422 of that Act (approval and signing of directors' remuneration report) insert—
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).”
After that section insert—
After section 226 of the Companies Act 2006 insert—
.
The Companies Act 2006 is amended as follows.
In section 180 (consent, approval or authorisation by members)—
in subsection (2), in the words before paragraph (a)—
after “Chapter 4” insert “ or 4A ”, and
for “that Chapter” substitute “ either of those Chapters ”,
in that subsection, in paragraph (a), for “that Chapter” substitute “ the Chapter concerned ”, and
in subsection (3), after “Chapter 4” insert “ or 4A ”.
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) ”.
In section 215 (payments for loss of office), after subsection (4) insert—
Section 430 (quoted companies: annual accounts and reports to be made available on website) is amended as follows.
After subsection (2) insert—
In subsection (3) —
for “the annual accounts and reports on the website” substitute “ the material made available on the website under subsections (1) to (2B) ”, and
for “the annual accounts and reports from” substitute “ such material from ”.
After subsection (4) insert—
In subsection (5)—
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
in paragraph (a) for “the annual accounts and reports are” substitute “ the material is ”.
In section 440 (quoted companies: offences in connection with procedure for approval)—
in subsection (1) —
after “section 439(1)” insert “ or 439A(1) or (2) ”, and
in the words in brackets, after “report” insert “ or policy ”,
in subsection (2), for “the accounts meeting” substitute “ the meeting to which it relates ”, and
in subsection (5), omit the definition of “the accounts meeting”.
In Schedule 8 (in the index of defined expressions), at the appropriate places insert—.
In that Schedule, after “quoted company”, insert—
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—
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
at the end of the paragraph (but before the “, and”) there were inserted “or at an earlier general meeting”.
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.
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.
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.
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.
Redress schemes: lettings and property management agents
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 redress scheme approved by the Secretary of State, or
a government administered redress scheme.
A “redress scheme” is a scheme which provides for complaints against members of the scheme to be investigated and determined by an independent person.
A “government administered redress scheme” means a redress scheme which is—
administered by or on behalf of the Secretary of State, and
designated for the purposes of the order by the Secretary of State.
The order may provide for the duty mentioned in subsection (1) to apply—
only to specified descriptions of persons who engage in lettings agency work;
only in relation to specified descriptions of such work.
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).
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.
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 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”);
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”).
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)—
publishing advertisements or disseminating information;
providing a means by which—
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;
a prospective landlord and a prospective tenant can continue to communicate directly with each other.
“Lettings agency work” also does not include —
things done by a local authority;
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.
In subsection (7), “domestic tenancy” means—
a tenancy which is an assured tenancy for the purposes of the Housing Act 1988 except where—
the landlord is a private registered provider of social housing (as to which see section 80 of the Housing and Regeneration Act 2008), or
the tenancy is a long lease within the meaning given by section 84(10);
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.
An order under subsection (10)(b) may not provide for any of the following to be a domestic tenancy—
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);
a long lease within the meaning given by section 84(10).
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 redress scheme approved by the Secretary of State, or
a government administered redress scheme.
“Redress scheme” and “government administered redress scheme” have the same meanings as in section 83.
The order may provide for the duty mentioned in subsection (1) to apply—
only to specified descriptions of persons who engage in property management work;
only in relation to specified descriptions of such work.
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).
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.
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—
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
the premises consist of or include a dwelling-house let under a relevant tenancy.
However, “property management work” does not include—
things done by a person who is a social landlord for the purposes of Schedule 2 to the Housing Act 1996;
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.
In subsection (6), “relevant tenancy” means—
a tenancy which is an assured tenancy for the purposes of the Housing Act 1988;
a tenancy which is a regulated tenancy for the purposes of the Rent Act 1977;
a long lease other than one to which Part 2 of the Landlord and Tenant Act 1954 applies;
a tenancy of a description specified for the purposes of this section in an order made by the Secretary of State.
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.
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.
for sanctions to be imposed in respect of a breach of a requirement imposed by the order;
for the investigation of suspected breaches of such a requirement.
The sanctions for which provision may be made in the order are—
the imposition of civil penalties;
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;
the creation of criminal offences in respect of breaches of orders mentioned in paragraph (b).
Provision made for the imposition of a sanction by virtue of subsection (1)(a) must include—
provision for appeals to a court or tribunal against the imposition of the sanction, and
such other provision as the Secretary of State considers appropriate for safeguarding the interests of persons on whom the sanction may be imposed.
Provision made by virtue of this section may confer functions on a person that exercises functions of a public nature.
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.
In this section “lead enforcement authority” has the meaning given by section 24(1) of the Tenant Fees Act 2019.
References to persons who engage in lettings agency work or property management work do not include references to persons who engage in that work in the course of their employment under a contract of employment.
A “dwelling-house” may be a house or part of a house.
“Local authority” means—
a county or district council;
a London borough council;
the Common Council of the City of London in its capacity as a local authority;
the Council of the Isles of Scilly.
the making of applications for approval;
conditions which must be satisfied before approval may be given;
conditions which must be complied with by administrators of approved redress schemes;
the withdrawal of approval.
An order under any of those sections must be made by statutory instrument.
A statutory instrument containing (whether alone or with other provision)—may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
provision by virtue of section 85, or
provision by virtue of subsection (1) of this section that amends an Act, or
an order under section 87,
for membership to be open to persons who are not subject to the duty to be a member of a scheme;
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;
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.
Supply of customer data
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Insolvency: protection of essential supplies
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 supply of gas, electricity, water or communication services by a specified description of person;
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.
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 supply of gas, electricity, water or communication services by a specified description of person;
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.
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.
An order under this section must be made by statutory instrument.
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.
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.
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—
the company enters administration or a voluntary arrangement under Part 1 of the Insolvency Act 1986 takes effect in relation to it, and
any conditions specified in the order are met.
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—
an insolvency office-holder consents to the termination,
a court grants permission for the termination, or
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.
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.
The order may provide for exceptions to the right of a supplier to terminate a supply under provision made by virtue of subsection (3).
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.
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.
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—
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,
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
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.
In this section, “insolvency office-holder” means—
in a case where a company enters administration, the administrator;
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.
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 voluntary arrangement proposed by the individual is approved under Part 8 of the Insolvency Act 1986, and
any conditions specified in the order are met.
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.
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—
the supervisor of the voluntary arrangement consents to the termination,
a court grants permission for the termination, or
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.
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.
The order may provide for exceptions to the right of a supplier to terminate a supply under provision made by virtue of subsection (4).
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.
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.
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—
the contract or the supply would terminate, or any other thing would take place, because the voluntary arrangement proposed by the individual is approved,
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
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.
power to make different provision for different cases;
power to provide for a person to exercise a discretion in a matter;
power to make incidental, supplementary, consequential, transitional or saving provision;
power to make any provision that may be made by the order by amending the Insolvency Act 1986 or any other enactment.
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.
An order under either of those sections must be made by statutory instrument.
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.
In this section, “enactment” has the same meaning as in section 92.
Royal Charters
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.
Caste as an aspect of race
Section 9(5) of the Equality Act 2010 is amended in accordance with subsections (2) to (4).
Omit “may by order”.
In paragraph (a) (power to provide for caste to be an aspect of race) at the beginning insert “ must by order ”.
In paragraph (b) (power to provide for exceptions to apply or not to apply to caste) at the beginning insert “ may by order ”.
A Minister of the Crown—
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
must publish a report on the outcome of any such review.
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).
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.
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).
An order under subsection (7) must be made by statutory instrument.
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.
Equal pay audits
The Equality Act 2010 is amended as follows.
After section 139 insert—
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, ”.
In section 208(5) (subordinate legislation by Ministers of the Crown etc: affirmative procedure) after paragraph (e) insert—.
General
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.
The power conferred by subsection (1) includes power—
to make transitional, transitory or saving provision;
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).
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.
The modifications mentioned in subsection (3) may, in particular, alter the circumstances in which, or the conditions under which, the function is exercisable.
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.
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.
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—
any expenditure incurred under or by virtue of this Act by the Secretary of State or the Competition and Markets Authority, and
any increase attributable to this Act in the sums payable under any other Act out of money so provided.
Part 1 extends to England and Wales, Scotland and Northern Ireland.
Part 2 extends only to England and Wales and Scotland, except that the following provisions of that Part extend also to Northern Ireland—
section 23(3);
paragraph 11 of Schedule 1;
paragraphs 36 to 39 of Schedule 2.
Part 3 extends to England and Wales, Scotland and Northern Ireland, except as follows—
paragraphs 15 to 44, 69 to 84 and 101 to 107 of Schedule 6 extend only to England and Wales and Scotland;
paragraphs 52 to 68, 96, 108 to 123 and 127 to 139 of that Schedule extend only to England and Wales;
paragraphs 9 to 14, 45 to 51, 171 to 180 and 192 to 209 of that Schedule extend only to Scotland;
paragraphs 149 to 170 and 181 to 191 of that Schedule extend only to Northern Ireland.
Part 4 extends to England and Wales, Scotland and Northern Ireland, except as follows—
Part 5 extends as follows—
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,
an amendment, repeal or revocation made by Schedule 20 has the same extent as the provision amended, repealed or revoked, subject to subsection (6).
The repeals of the following provisions in Schedule 20 extend to England and Wales only—
section 67 of the Agriculture Act 1967,
paragraph 32 of Schedule 2 to the Social Security (Consequential Provisions) Act 1975,
paragraph 10 of Schedule 4 to the Social Security Pensions Act 1975,
paragraph 12 of Schedule 17 to the Employment Protection Act 1975, and
paragraph 4 of Schedule 2 to the Social Security (Consequential Provisions) Act 1992.
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.
This Part extends to England and Wales, Scotland and Northern Ireland except that—
The following provisions come into force on the day on which this Act is passed—
section 10;
section 24;
section 28;
section 59;
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.
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—
Part 1;
section 62;
section 64;
section 97;
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.
An order under subsection (3) may appoint different days for different purposes.
This Act may be cited as the Enterprise and Regulatory Reform Act 2013.
Conciliation: minor and consequential amendments
Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)
Employment Tribunals Act 1996 (c. 17)
The Employment Tribunals Act 1996 is amended as follows.
In section 7 (employment tribunal procedure regulations), in subsection (3ZA)(b), after “form” insert “ (including certificates issued under section 18A(4)) ”.
In section 7B (mediation), in subsection (5), for “the Advisory, Conciliation and Arbitration Service” substitute “ ACAS ”.
Section 18 (conciliation) is amended as follows.
At the end of the heading insert “ : relevant proceedings etc. ”
In subsection (1), for the words before paragraph (a) substitute “ In this section and sections 18A to 18C “relevant proceedings” means employment tribunal proceedings— ”.
In subsection (1)(b)—
after “68” insert “ , 70B ”;
after “Act 1992” insert “ or paragraph 156 of Schedule A1 to that Act ”.
In subsection (1)(dd), for “20(1)(a)” substitute “ 19D(1)(a) ”.
Omit subsection (1)(f) and (n).
After subsection (1) insert—
Omit subsections (2) to (5).
In subsections (6) and (7), for “this section” substitute “ any of sections 18A to 18C ”.
After section 18B (inserted by section 7(1)) insert—
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 ”.
In section 42 (interpretation), in subsection (1)—
before the definition of “the Appeal Tribunal” insert—;
in the definition of “conciliation officer” for “the Advisory, Conciliation and Arbitration Service” substitute “ ACAS ”.
Employment Rights Act 1996 (c. 18)
National Minimum Wage Act 1998 (c. 39)
Employment Act 2008 (c. 24)
Section 5 of the Employment Act 2008 (which amends provisions repealed by paragraph 5(8)) is omitted.
Pensions Act 2008 (c. 30)
Extension of limitation periods to allow for conciliation
Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)
The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows.
In section 68A (complaint of infringement of right under section 68), after subsection (1) insert—
In section 70C (section 70B: complaint to employment tribunal), after subsection (2) insert—
In section 139 (time limit for proceedings under sections 137 and 138), after subsection (3) insert—
Section 145C (time limit for proceedings under sections 145A and 145B) is amended as follows.
The existing text becomes subsection (1).
After that subsection insert—
In section 147 (time limit for proceedings under section 146), after subsection (3) insert—
Section 171 (time limit for proceedings under sections 168, 168A, 169 and 170) is amended as follows.
The existing text becomes subsection (1).
After that subsection insert—
Section 175 (time limit for proceedings under section 174) is amended as follows.
The existing text becomes subsection (1).
After that subsection insert—
In section 189 (complaint: contravention of section 188), after subsection (5) insert—
In section 192 (complaint by employee to employment tribunal: contravention of section 190), after subsection (2) insert—
After section 292 insert—
In Schedule A1 (collective bargaining: recognition), in paragraph 157 (complaint to employment tribunal: contravention of paragraph 156), after sub-paragraph (3) insert—
Employment Rights Act 1996 (c. 18)
The Employment Rights Act 1996 is amended as follows.
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 ”.
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) ”.
In section 57ZC (complaint to employment tribunal: agency workers), after subsection (3) insert—
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 ”.
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 ”.
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 ”.
In section 70A (complaints to employment tribunals: agency workers), after subsection (7) insert—
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 ”.
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 ”.
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 ”.
In section 164 (claims for redundancy payment: contravention of section 135), after subsection (4) insert—
After section 207A (extension of time limits because of mediation in certain cross-border disputes) insert—
National Minimum Wage Act 1998 (c. 39)
The National Minimum Wage Act 1998 is amended as follows.
In section 11 (failure of employer to allow access to records), after subsection (4) insert—
After section 11 insert—
Employment Relations Act 1999 (c. 26)
In section 11 of the Employment Relations Act 1999 (complaint to employment tribunal), after subsection (2) insert—
Pensions Act 2008 (c. 30)
Equality Act 2010 (c. 15)
The Equality Act 2010 is amended as follows.
In section 123 (time limits: proceedings under section 120), in subsection (1), for “section 140A” substitute “ sections 140A and 140B ”.
In section 129 (time limits: proceedings under section 127)—
in subsection (3), for “section 140A” substitute “ sections 140A and 140B ”;
in subsection (4), after “the period mentioned in the second column” insert “ , subject to section 140B ”.
After section 140A (extension of time limits because of mediation in certain cross-border disputes) insert—
Financial penalties: minor and consequential amendments
Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)
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—
Employment Tribunals Act 1996 (c. 17)
The Employment Tribunals Act 1996 is amended as follows.
Before section 13 insert— “ Costs etc, interest and enforcement ”.
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) ”.
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)
In section 201 of the Employment Rights Act 1996 (power to extend employment legislation to offshore employment), after subsection (3) insert—
Agency Workers Regulations 2010 (S.I. 2010/93)
In regulation 18 of the Agency Workers Regulations 2010 (complaints to employment tribunals etc), after paragraph (14) insert—
The Competition and Markets Authority
General
Membership
The CMA is to consist of—
a person appointed by the Secretary of State to chair the CMA and the CMA Board (the “chair”), and
other persons appointed by the Secretary of State as follows—
persons appointed to membership of the CMA Board (see Part 2);
persons appointed to membership of the CMA panel (see Part 3);
persons appointed to membership of both the CMA Board and the CMA panel.
a person (the “OIM panel chair”) appointed to chair the Office for the Internal Market panel and to membership of the CMA Board;
other persons appointed to membership of the Office for the Internal Market panel (“the OIM panel”) (see Part 3A).
The Secretary of State must consult the chair before making an appointment under sub-paragraph (1)(b).
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 variety of skills, knowledge and experience is available among the members of the OIM panel, and
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.
Before making an appointment under paragraph (iv) or (v) of sub-paragraph (1)(b), the Secretary of State must seek the consent of—
the Scottish Ministers,
the Welsh Ministers, and
the Department for the Economy in Northern Ireland.
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.
In that event the Secretary of State—
may make the appointment without the consent of the authority or authorities concerned, and
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.
At least five of the members appointed under sub-paragraph (1)(b) must be appointed to membership of the CMA Board.
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.
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.
In this Schedule, references to members of the CMA are to persons appointed under sub-paragraph (1).
A person holding office as a member of the Competition Appeal Tribunal is ineligible for appointment under this paragraph.
Terms and conditions
The members of the CMA are to hold and vacate office in accordance with the terms and conditions of their appointments.
Those terms and conditions are to be determined by the Secretary of State.
Term of appointment
Appointment to membership of the CMA Board under paragraph 1(1)(b) is to be for a term of not more than five years.
Appointment to membership of the CMA panel under paragraph 1(1)(b) is to be for a term of not more than eight years.
Appointment to membership of the OIM panel under paragraph 1(1)(b) is to be for a term of not more than eight years.
Appointment as the chair is to be for a term of not more than five years.
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.
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
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.
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.
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
The CMA must pay to its members such remuneration, allowances and expenses as the Secretary of State may determine.
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.
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
The chair may at any time resign from membership of the CMA by giving written notice to this effect to the Secretary of State.
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.
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—
resign from one of those memberships (without resigning from the other), or
resign from membership of the CMA.
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
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—
incapacity;
misbehaviour;
failure to carry out his or her duties.
Status
The CMA is to perform its functions on behalf of the Crown.
Chief executive and other staff
The CMA is to have a chief executive appointed by the Secretary of State (the “chief executive”).
The chief executive may also be a member of the CMA, but must not be—
the chair, ...
a member of the CMA panel , or
a member of the OIM panel.
Before appointing the chief executive, the Secretary of State must consult the chair.
The appointment—
is to be for a term of not more than five years;
subject to that, is to be on such terms and conditions as the Secretary of State considers fit.
The chief executive holds that office as a member of the staff of the CMA.
A previous appointment as chief executive does not affect a person's eligibility for re-appointment.
The CMA may appoint other members of staff.
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—
the chair, or
a member of the CMA panel or the OIM panel.
The following are to be determined by the CMA with the approval of the Minister for the Civil Service—
the number of members of staff appointed under sub-paragraph (1);
their conditions of service.
A person holding office as a member of the Competition Appeal Tribunal is ineligible for appointment under paragraph 9 or 10.
Annual plan
The CMA must prepare an annual plan for each financial year.
The plan must—
set out the CMA's main objectives for the year and indicate the relative priorities of each of those objectives;
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.
The CMA must arrange for the plan to be laid before —
Parliament,
the Scottish Parliament,
Senedd Cymru, and
the Northern Ireland Assembly
The CMA must publish the plan, in whatever way it considers appropriate, before the start of the financial year in question.
Before finalising an annual plan, the CMA must draw up proposals for it.
The CMA must arrange for the proposals to be laid before —
Parliament,
the Scottish Parliament,
Senedd Cymru, and
the Northern Ireland Assembly
The CMA must—
publish the proposals in whatever way it considers appropriate, and
make arrangements to consult with the public about them.
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
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.
The report must include—
a survey of developments, during the year, in matters relating to the CMA's functions;
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;
a summary of the significant decisions, investigations or other activities made or carried out by the CMA during the year;
a summary of the allocation of the CMA's financial resources to its various activities during the year;
an assessment of the CMA's performance and practices, during the year, in relation to its enforcement functions.
The CMA must—
arrange for the report to be laid before —
Parliament,
the Scottish Parliament,
Senedd Cymru, and
the Northern Ireland Assembly
publish the report in whatever way it considers appropriate.
The CMA may—
prepare other reports about matters relating to any of its functions;
publish a report prepared under this paragraph.
Concurrency report
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.
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”).
The report must, in particular, include information about—
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,
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
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.
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.
In preparing a report under this paragraph, the CMA must consult each sectoral regulator.
The CMA must publish a report prepared under this paragraph in whatever way it considers appropriate.
Each of the following is a sectoral regulator—
the Office of Communications;
the Gas and Electricity Markets Authority;
the Water Services Regulation Authority;
the Office of Rail and Road ;
the Northern Ireland Authority for Utility Regulation;
the Civil Aviation Authority;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the Payment Systems Regulator established under section 40 of the Financial Services (Banking Reform) Act 2013.
the Financial Conduct Authority.
Documents
The application of the CMA's seal must be authenticated by the signature of—
a person who is a member of the CMA Board, or
a person authorised (generally or specifically) for that purpose by the CMA.
A document purporting to be duly executed under the CMA's seal or signed on its behalf—
is to be received in evidence;
is to be taken to be duly signed or sealed unless the contrary is shown.
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
The members of a committee or sub-committee of the CMA may include persons who are not members of the CMA.
A sub-committee may include persons who are not members of the committee that established it.
Additional powers
The CMA may—
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
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.
The CMA may do anything that is calculated to facilitate, or is conducive or incidental to, the performance of its functions.
The power in sub-paragraph (1) is subject to any restrictions imposed by or under any enactment.
Public records
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
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation) at the appropriate place insert— “ Competition and Markets Authority. ”
Disqualification
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. ”
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
In Part 1 of Schedule 1 to the Freedom of Information Act 2000 (definition of public authority: general)—
in paragraph 1 after “other than” insert;
after paragraph 1 insert—
Equality
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. ”
The CMA Board
Membership
The CMA Board is to consist of—
the chair;
the members appointed under paragraph 1(1)(b) to membership of the CMA Board.
Functions
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
Anything that the CMA Board is required or permitted to do (including conferring authorisation under this sub-paragraph) may be done by—
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;
a committee or sub-committee of the CMA Board that has been so authorised.
Sub-paragraph (1) does not apply to the functions of deciding—
whether the duty to publish a market study notice under section 130A of the Enterprise Act 2002 applies;
whether to propose to make, or to make, a reference under section 131 of that Act;
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;
whether section 140A of that Act applies in respect of a particular case;
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;
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.
whether to begin an initial SMS investigation under section 9 of the Digital Markets, Competition and Consumers Act 2024 (“the 2024 Act”);
whether to begin a further SMS investigation under section 10 of the 2024 Act;
whether to begin a PCI investigation under section 47 of the 2024 Act.
Sub-paragraph (1)(a) does not apply to the functions of deciding—
whether to make a designation under section 2 of the 2024 Act;
what, if any, provision to make in reliance on section 17 of the 2024 Act;
whether to impose a conduct requirement under section 19 of the 2024 Act;
whether to revoke a conduct requirement under section 22 of the 2024 Act;
whether to make, and the form of, an enforcement order, other than an interim enforcement order, under section 31 of the 2024 Act;
whether to exercise the power conferred by section 38(1) of the 2024 Act (power to adopt final offer mechanism);
whether to make, and the form of, a pro-competition intervention under section 46 of the 2024 Act;
the contents of a notice under section 50 of the 2024 Act (notice of decision on pro-competition intervention);
whether to replace a pro-competition order under section 52 of the 2024 Act;
whether to revoke a pro-competition order under section 53 of the 2024 Act.
the amount of any such penalty.
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—
the committee or sub-committee includes—
at least two members of the Board who are not members of the CMA’s staff, or
the chair and at least one member of the Board who is not a member of the CMA’s staff, and
at least half of the members of the committee or sub-committee are—
members of the Board who are not members of the CMA’s staff, or
members of the CMA panel.
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.
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.
The regulations may make incidental, transitional or saving provision.
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.
Proceedings
The CMA Board may regulate its own proceedings.
The CMA Board must consult the Secretary of State before making or revising rules and procedures, under sub-paragraph (1), for dealing with—
conflicts of interest, or
quorum.
Validity
The validity of anything done by the CMA Board is not affected by—
a vacancy;
a defective appointment.
Reference of matter to the chair
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.
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.
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.
The CMA panel
The CMA panel
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
The CMA panel is to consist of—
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”);
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”);
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”);
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”);
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;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
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
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
The members of a CMA group are to be selected by the chair.
In selecting the members of a CMA group, the chair must comply with any requirements imposed by or under any enactment.
Subject to that, paragraph 38 has effect for the purposes of the membership of a CMA group.
Each CMA group is to consist of at least three members of the CMA panel.
Subject to sub-paragraphs (3) to (6), those members are to be such persons as the chair may select.
In the case of a news media merger reference group—
the group must include at least one news media panel member;
the members of the group (if any) who are not news media panel members must be reporting panel members.
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.
In the case of a specialist utility group, the group must include at least one of the specialist utility panel members.
In the case of a specialist payment systems group, the group must include at least one payment systems member.
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.
The chair may at any time appoint a reporting panel member to be an additional member of a CMA group.
The chair must appoint one of the members of a CMA group to chair the group (the “group chair”).
The validity of anything done by a CMA group is not affected by—
a vacancy;
a defective appointment.
Termination of person's membership of a CMA group
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.
Sub-paragraph (2) applies if the chair considers that—
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
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.
The chair may remove the person in question from membership of the group.
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
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.
The chair may select a replacement member of the group from the CMA panel.
Continuity on removal or replacement
A person's ceasing to be a member of a CMA group, whether by being removed under paragraph 41, or otherwise, does not prevent—
the group from continuing with anything begun before the person ceased to be a member of it;
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.
Sub-paragraph (1)—
applies whether or not a replacement member of the group is selected under paragraph 43;
does not affect any requirements imposed by or under any enactment with respect to the constitution of a CMA group.
Attendance of other members
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.
But a person attending in response to such an invitation may not—
vote in any proceedings of the group, or
have a statement of his or her dissent from a conclusion of the group included in a report made by the group.
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
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.
The steps taken must be steps that it would be within the power of the group to take, had it already been constituted.
while a CMA group is being constituted in connection with the reference;
after a CMA group has been so constituted, but before it has held its first meeting.
Performance of functions of chair with respect to constitution etc of CMA group
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 person who is a member of both the CMA panel and the CMA Board, or
a member of the CMA panel designated by the Secretary of State (whether generally or specifically) for the purposes of this paragraph.
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.
It may be given—
by reference generally to functions specified in sub-paragraph (4);
by reference to specific functions, or functions of a particular description;
by reference generally to CMA groups;
by reference to specific matters or specific CMA groups, or by reference to matters or CMA groups of a particular description.
The functions are—
the chair's functions under paragraph 33 and under this Part of this Schedule;
the chair's functions by or under any other enactment in respect of the constitution of a CMA group;
the chair's functions under—
Schedule 4A to the Gas Act 1986;
Schedule 5A to the Electricity Act 1989;
Schedule 5A to the Electricity (Northern Ireland) Order 1992 (SI 1992/231 (NI 1));
Schedule 3A to the Gas (Northern Ireland) Order 1996 (SI 1996/275 (NI 2));
Schedule A1 to the Transport Act 2000;
Schedule 22 to the Energy Act 2004;
Schedule 2 to the Civil Aviation Act 2012.
Schedule 5 to the Financial Services (Banking Reform) Act 2013.
the Water Industry Designated Codes (Appeals to the Competition and Markets Authority) Regulations 2017 (SI 2017/447).
Independence of groups
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.
Nothing in sub-paragraph (1) prevents—
the CMA Board from giving information in its possession to a CMA group, or
a CMA group giving information in its possession to the CMA Board.
Casting votes
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
The CMA Board must make rules of procedure for merger reference groups, market reference groups, and special reference groups.
Those rules are subject to any provision made by or under any enactment in respect of the procedure of a CMA group.
Before making rules under this paragraph, the CMA Board must consult such persons as it considers appropriate.
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.
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.
In this paragraph and paragraph 53—
“special reference group” means a CMA group constituted in connection with a reference under—
section 11 of the Competition Act 1980;
section 41E of the Gas Act 1986;
section 56C of the Electricity Act 1989;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
section 12 of the Transport Act 2000;
section 193 of the Communications Act 2003;
article 3 of the Water Services etc (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 (SI 2005/3172).
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.
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.
Rules made under paragraph 51 may—
make different provision for different cases or different purposes;
be varied or revoked by rules subsequently made under that paragraph.
They may in particular make provision—
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;
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;
as to the documents and information that a relevant group must give to other persons in connection with such an investigation.
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.
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.
Rules made under paragraph 51 may make provision as to the quorum of relevant groups.
They may make provision—
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—
to be present before or heard by a relevant group, either by themselves or by their representatives;
to cross-examine witnesses;
otherwise to take part;
as to the extent (if any) to which sittings of a relevant group are to be held in public;
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).
Rules made under paragraph 51 may make provision for—
the notification or publication of information relating to merger investigations, market investigations or special investigations;
consultation about such investigations.
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.
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
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.
It may, in particular, determine its quorum, and determine—
the extent (if any) to which persons interested or claiming to be interested in a matter under consideration are allowed—
to be present before or heard by it, either by themselves or by their representatives;
to cross-examine witnesses;
otherwise to take part;
the extent (if any) to which its sittings are to be held in public.
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
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.
This paragraph applies for the purposes of Part 3 of the Enterprise Act 2002.
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.
Where a decision of a CMA group under section 47 of that Act is not a qualifying majority decision—
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;
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;
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;
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.
Where a decision of a CMA group under section 63 of that Act is not a qualifying majority decision—
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;
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.
Expressions used in this paragraph are to be construed in accordance with Part 3 of the Enterprise Act 2002.
This paragraph applies for the purposes of Part 4 of the Enterprise Act 2002.
Where a decision under section 134, 141 or 141A of that Act is not a qualifying majority decision—
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;
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.
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—
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
there is, in relation to the reference, no other relevant decision of the group.
“Relevant decision”, in sub-paragraph (3)(b), means—
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;
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.
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.
Expressions used in this paragraph are to be construed in accordance with Part 4 of the Enterprise Act 2002.
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.
The OIM panel
The OIM panel
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.
The OIM panel is to consist of—
the OIM panel chair appointed under paragraph 1(1)(b)(iv), and
the other members of the panel appointed under paragraph 1(1)(b)(v).
Constitution of OIM task groups
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.
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
The members of an OIM task group are to be selected by the OIM panel chair.
Each OIM task group is to consist of at least three members of the OIM panel.
The OIM panel chair must appoint one of the members of an OIM task group to chair the group (“the task group chair”).
The validity of anything done by an OIM task group is not affected by—
a vacancy;
a defective appointment.
Termination of person's membership of an OIM task group
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.
Sub-paragraph (2) applies if the OIM panel chair considers that—
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
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.
The OIM panel chair may remove the person in question from membership of the task group.
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
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.
The OIM panel chair may select a replacement member of the group from the OIM panel.
Continuity on removal or replacement
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—
the group from continuing with anything begun before the person ceased to be a member of it;
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.
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
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.
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
In exercising functions which they are authorised to exercise by virtue of any enactment, OIM task groups must act independently of the CMA Board.
Nothing in sub-paragraph (1) prevents—
the CMA Board giving information in its possession to an OIM task group, or
an OIM task group giving information in its possession to the CMA Board.
Casting votes
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
An OIM task group may determine its own procedure (including determining its quorum).
In determining its procedure under sub-paragraph (1), an OIM task group must have regard to any guidance issued by the CMA Board.
Interpretation and transitional and transitory provision
Interpretation
In this Schedule, “enactment” means—
an enactment contained in this or any other Act;
an enactment comprised 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;
a Measure or Act of the National Assembly for Wales;
an enactment contained in, or in an instrument made under, Northern Ireland legislation (within the meaning of the Interpretation Act 1978).
Any reference in this Schedule to an enactment includes a reference to an enactment whenever passed or made.
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
This paragraph applies—
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;
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.
A person to whom this paragraph applies may be appointed under paragraph 1(1)(b) as a member of the CMA panel.
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.
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.
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.
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.
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
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.
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.
The subsequent financial years of the CMA are each successive period of 12 months.
First annual plan of the CMA
The CMA is to publish its first annual plan within the period of three months beginning with the commencement date.
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.
Functions to which the CMA’s duty of expedition applies
Introduction
The following functions are functions within this Schedule for the purposes of section 25(5).
Competition functions
Functions under Part 3 of the 2002 Act (mergers) other than functions under—
section 94B (statement of policy about functions under sections 94 and 94AA);
section 116 (statement of policy about penalties).
Functions under Part 4 of the 2002 Act (market studies and market investigations) other than functions under—
section 166 (register of undertakings and orders);
section 167C(statement of policy about functions under sections 167 and 167A);
section 171 (advice and information about market investigation references);
section 174E (statement of policy about penalties).
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 1998 Act (competition) other than functions under—
section 31D (guidance about the acceptance of commitments under section 31A);
section 35C(statement of policy about penalties under sections 31E, 34 and 35A);
section 38 (the appropriate level of a penalty);
section 40B (statement of policy about penalties under section 40A);
section 51 (CMA rules);
section 52 (advice and information about the Chapter 1 and 2 prohibitions);
section 54 (functions of sectoral regulators).
Consumer functions
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—
section 199(statement of policy about penalties);
sections 210 and 211(rules about direct enforcement functions);
section 212(guidance about direct enforcement functions).
Functions under Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024 (protection from unfair trading).
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).
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 (S.I. 1276/2008) other than functions under regulation 20(2) of those Regulations (provision of information and advice).
Digital market functions
Functions under Part 1 of the Digital Markets, Competition and Consumers Act 2024 (digital markets) other than functions under—
section 67(regulations about duty to notify);
section 91(statement of policy on penalties);
section 114(guidance about functions under Part 1).
Amendments related to Part 3
Transfer of functions under the 1998 Act to the CMA
The Competition Act 1998 is amended as follows.
In section 6 (block exemptions), in subsections (1) and (6), for “OFT” (in each place where it occurs) substitute “ CMA ”.
In section 8 (block exemptions: procedure), in subsections (1) to (3) and (5), for “OFT” (in each place where it occurs) substitute “ CMA ”.
In section 10 (parallel exemptions), in subsections (5), (7) and (8), for “OFT” (in each place where it occurs) substitute “ CMA ”.
Section 25 (power to investigate) is amended as follows.
In subsections (1) and (8) to (11), for “OFT” (in each place where it occurs) substitute “ CMA ”.
In the heading, for “OFT” substitute “ CMA ”.
In section 26 (powers when conducting investigations), in subsections (1) and (5), for “OFT” (in each place where it occurs) substitute “ CMA ”.
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 ”.
Section 28 (power to enter business premises under a warrant) is amended as follows.
In subsection (1)(b)(i), for “OFT” substitute “ CMA ”.
In subsection (2)—
for “OFT” (in each place where it occurs) substitute “ CMA ”, and
for “OFT's” substitute “CMA's”.
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 ”.
In section 31 (decisions following an investigation), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
In section 31A (commitments), in subsections (1) to (4), for “OFT” (in each place where it occurs) substitute “ CMA ”.
In section 31B (effect of commitments under section 31A), in subsections (1) to (5), for “OFT” (in each place where it occurs) substitute “ CMA ”.
In section 31C (review of commitments), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
In section 31D (guidance), in subsections (1) to (3), (5), (6) and (8), for “OFT” (in each place where it occurs) substitute “ CMA ”.
In section 31E (enforcement of commitments), in subsection (1), for “OFT” (in each place where it occurs) substitute “ CMA ”.
In section 32 (directions in relation to agreements), in subsection (1), for “OFT” substitute “ CMA ”.
In section 33 (directions in relation to conduct), in subsection (1), for “OFT” substitute “ CMA ”.
In section 34 (enforcement of directions), in subsection (1), for “OFT” substitute “ CMA ”.
In section 35 (interim measures), in subsections (1) to (4), (8) and (9), for “OFT” (in each place where it occurs) substitute “ CMA ”.
In section 36 (penalties), in subsections (1) to (5), (8) and (9), for “OFT” (in each place where it occurs) substitute “ CMA ”.
In section 37 (recovery of penalties), in subsection (1), for “OFT” (in each place where it occurs) substitute “ CMA ”.
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 ”.
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 ”.
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 ”.
In section 44 (false or misleading information), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
In section 46 (appealable decisions), in subsections (1) to (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.
In section 47 (third party appeals), in subsection (1), for “OFT” (in each place where it occurs) substitute “ CMA ”.
In section 47A (monetary claims before Tribunal), in subsections (6) and (7), for “OFT” (in each place where it occurs) substitute “ CMA ”.
In section 50 (vertical agreements and land agreements), in subsection (3), for “OFT” substitute “ CMA ”.
In the cross-heading preceding section 51, for “OFT's” substitute “CMA's”.
Section 51 (rules) is amended as follows.
In subsection (1), for “OFT” substitute “ CMA ”.
In subsection (2), for “OFT's” substitute “CMA's”.
In subsections (3) and (5) to (10), for “OFT” (in each place where it occurs) substitute “ CMA ”.
Section 52 (advice and information) is amended as follows.
In subsection (1), for the words from the beginning to “the Director” substitute “ The CMA ”.
In subsection (1A), for the words from the beginning to “the OFT” substitute “ The CMA ”.
In subsections (2) to (6) and (8), for “OFT” (in each place where it occurs) substitute “ CMA ”.
In section 54 (regulators), in subsections (2), (5) and (7), for “OFT” (in each place where it occurs) substitute “ CMA ”.
In section 57 (defamation), for “OFT” substitute “ CMA ”.
In the cross-heading preceding section 58, for “OFT” substitute “ CMA ”.
Section 58 (findings of fact) is amended as follows.
In subsection (1), for “an OFT's” substitute “a CMA's”.
In subsection (2)—
for “an OFT's” substitute “a CMA's”, and
for “OFT” (in each place where it occurs) substitute “ CMA ”.
In subsection (3), for “OFT” substitute “ CMA ”.
In the heading, for “OFT” substitute “ CMA ”.
In section 58A (findings of infringements), in subsections (3) and (4), for “OFT” (in each place where it occurs) substitute “ CMA ”.
Section 59 (interpretation of Part 1) is amended as follows.
In subsection (1)—
after the definition of “the Chapter II prohibition” insert—, and
omit the definition of “the OFT”.
In subsection (4), for “OFT” substitute “ CMA ”.
In section 60 (principles to be applied in determining questions), in subsection (4), for “OFT” (in each place where it occurs) substitute “ CMA ”.
In section 61 (interpretation of Part 2), in subsection (1)—
after the definition of “books and records” insert—, and
omit the definition of “the OFT”.
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 ”.
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 ”.
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 ”.
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 ”.
Section 65C (interpretation of Part 2A) is amended as follows.
In subsection (1), in the definition of “Article 22(1) investigation”, for “OFT” substitute “ CMA ”.
In subsection (2)—
after the entry for “Article 82” insert— “ “the CMA”; ”, and
omit the entry for “the OFT”.
In subsection (4), for “OFT” substitute “ CMA ”.
In section 65D (power to conduct an Article 22(1) investigation), in subsection (1), for “OFT” substitute “ CMA ”.
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 ”.
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 ”.
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 ”.
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 ”.
In section 65N (false or misleading information), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
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 ”.
Schedule 1 (exclusions: mergers and concentrations) is amended as follows.
In paragraph 4, in sub-paragraphs (1) to (5), for “OFT” (in each place where it occurs) substitute “ CMA ”.
In paragraph 5, for “OFT” (in each place where it occurs) substitute “ CMA ”.
In Schedule 2 (exclusions: other competition scrutiny), in Part 3, in paragraph 5(3)(a), for “Director” substitute “ CMA ”.
Schedule 3 (general exclusions) is amended as follows.
In paragraph 9, in sub-paragraphs (3) to (7), for “OFT” (in each place where it occurs) substitute “ CMA ”.
Schedule 6A (commitments) is amended as follows.
In paragraph 1, for “OFT” substitute “ CMA ”.
In paragraph 2—
in sub-paragraph (1), for “OFT” substitute “ CMA ”, and
in sub-paragraph (2)—
for “OFT” (in each place where it occurs) substitute “ CMA ”, and
for “OFT's” substitute “CMA's”.
In paragraph 3, in sub-paragraph (1), for “OFT” substitute “ CMA ”.
In paragraph 4, for “OFT” (in each place where it occurs) substitute “ CMA ”.
In paragraph 5, for “OFT” substitute “ CMA ”.
In paragraph 6, for “OFT” substitute “ CMA ”.
In paragraph 7, for “OFT” (in each place where it occurs) substitute “ CMA ”.
In paragraph 8, for “OFT” (in each place where it occurs) substitute “ CMA ”.
In paragraph 10, for “OFT” substitute “ CMA ”.
In paragraph 11, in sub-paragraph (1), for “OFT” substitute “ CMA ”.
In paragraph 12, for “OFT” substitute “ CMA ”.
In paragraph 13, for “OFT” substitute “ CMA ”.
In paragraph 14, for “OFT” (in each place where it occurs) substitute “ CMA ”.
Schedule 8 (appeals) is amended as follows.
In paragraph 2, in sub-paragraph (2), for “OFT's” substitute “CMA's”.
In paragraph 3, in sub-paragraphs (2) and (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.
In paragraph 3A, in sub-paragraph (3), for “OFT” substitute “ CMA ”.
In the heading, for “OFT's” substitute “CMA's”.
In paragraph 1, for “OFT” substitute “ CMA ”.
In paragraph 5, in sub-paragraphs (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
In paragraph 8, for “OFT” (in each place where it occurs) substitute “ CMA ”.
In paragraph 9, for “OFT” (in each place where it occurs) substitute “ CMA ”.
In paragraph 11, for “OFT” substitute “ CMA ”.
In paragraph 12, in sub-paragraph (1)—
for “OFT” substitute “ CMA ”, and
for “OFT's” substitute “CMA's”.
In paragraph 13—
for “OFT” substitute “ CMA ”, and
for “OFT's” substitute “CMA's”.
In paragraph 14, for “OFT” substitute “ CMA ”.
Transfer of functions under the 2002 Act to the CMA
The Enterprise Act 2002 is amended as follows.
Part 1
Section 5 (acquisition of information etc) is amended as follows.
In subsections (1), (2) and (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.
In the italic cross-heading preceding the section for “OFT” substitute “ the CMA ”.
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 ”.
Section 7 (provision of information and advice to Ministers etc) is amended as follows.
In subsection (1), for “OFT” substitute “ CMA ”.
In subsection (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
Omit section 8 (promoting good consumer practice).
Section 11 (super-complaints) is amended as follows.
In subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
In subsection (3), for “OFT's” substitute “CMA's”.
In subsection (7), for “OFT” substitute “ CMA ”.
For the title to Part 1 substitute “ General functions of the CMA ”.
Part 2
In Schedule 4 (Competition Appeal Tribunal: procedure), in Part 2 (Tribunal rules), in paragraph 22(2), for “OFT” substitute “ CMA ”.
Part 3
Section 22 (duty to make references in relation to completed mergers) is amended as follows.
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— ”.
In subsection (2)—
in the words before paragraph (a), for “OFT” substitute “ CMA ”, and
in paragraph (a), omit “to the Commission”.
In subsections (3) and (3A), for “OFT” (in each place where it occurs) substitute “ CMA ”.
In subsection (7)—
in paragraph (a), for “the OFT or (as the case may be) the Commission” substitute “ the CMA ”, and
in paragraph (b), for “the OFT, the Commission” substitute “ the CMA ”.
In section 23 (relevant merger situations), in subsection (9), in paragraph (a), for “Commission” substitute “ CMA ”.
In section 24 (time-limits and prior notice), in subsection (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
In section 25 (extension of time-limits), in subsections (1) to (6) and (8), for “OFT” (in each place where it occurs) substitute “ CMA ”.
In section 28 (turnover test), in subsection (5), for “OFT” substitute “ CMA ”.
Section 33 (duty to make references in relation to anticipated mergers) is amended as follows.
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— ”.
In subsection (2)—
in the words before paragraph (a), for “OFT” substitute “ CMA ”,
in paragraph (a), omit “to the Commission”, and
in paragraph (b), omit “to the Commission”.
In subsections (3) and (3A), for “OFT” (in each place where it occurs) substitute “ CMA ”.
Section 34A (duty where case referred by the European Commission) is amended as follows.
In subsection (1), for “OFT” substitute “ CMA ”.
In subsection (2)—
in the words before paragraph (a), for “OFT” substitute “ CMA ”, and
in paragraph (a), omit “to the Commission”.
In subsection (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.
In the heading, for “OFT” substitute “ CMA ”.
Before section 35 (but after the italic cross-heading immediately preceding it) insert—
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 ”.
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 ”.
In subsections (1) to (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.
In subsection (6), for “OFT” substitute “ CMA ”.
Omit subsections (7) and (8).
In subsection (9)—
for “OFT” substitute “ CMA ”, and
for “Commission” substitute “ CMA ”.
In subsections (1) to (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.
Omit subsection (4).
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 ”.
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 ”.
Section 42 (intervention by Secretary of State in certain public interest cases) is amended as follows.
In subsection (2), for “OFT” substitute “ CMA ”.
In subsection (6)—
for “OFT” (in each place where it occurs) substitute “ CMA ”, and
for “Commission” substitute “ CMA ”.
In subsection (4)—
in paragraph (a), for “OFT” substitute “ CMA ”, and
for “Commission” (in each place where it occurs) substitute “ CMA ”.
Section 44 (investigation and report) is amended as follows.
In subsections (2) and (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.
In subsection (4) —
in the words before paragraph (a), for “OFT” substitute “ CMA ”, and
in paragraph (c), omit “to the Commission”.
In subsections (5), (5A) and (7), for “OFT” (in each place where it occurs) substitute “ CMA ”.
In the heading, for “OFT” substitute “ CMA ”.
Section 45 (power of Secretary of State to refer matter) is amended as follows.
In subsection (1), in paragraph (b), for “OFT” substitute “ CMA ”.
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 ”.
In the heading, for “Commission” substitute “ CMA ”.
In section 46 (references under section 46: supplementary), in subsection (2), for “OFT” substitute “ CMA ”.
Section 46A (cases referred by European Commission where intervention notice is in force) is amended as follows.
In subsection (1), for “OFT” substitute “ CMA ”.
In subsection (2), in paragraph (a), omit “to the Commission”.
Before section 47 (but after the italic cross-heading immediately preceding it) insert—
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 ”.
Section 51 (time-limits for investigations and reports) is amended as follows.
In subsections (1) to (4) and (8), for “Commission” (in each place where it occurs) substitute “ CMA ”.
In the heading, for “Commission” substitute “ CMA ”.
Section 53 (restrictions on action where public interest considerations not finalised) is amended as follows.
In subsection (1), for “Commission” substitute “ CMA ”.
In subsection (2)—
omit “to the Commission”, and
for “Commission” substitute “ CMA ”.
In subsections (3) to (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.
Section 54 (decision of Secretary of State in public interest cases) is amended as follows.
In subsection (1), for “Commission” substitute “ CMA ”.
In subsection (3), omit “to the Commission” (in each place where it occurs).
In subsections (5) and (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.
In subsection (7)—
omit “to the Commission” (in each place where it occurs),
for “of the Commission” (in each place where it occurs) substitute “ of the CMA ”, and
in paragraph (b)(ii), for “OFT” substitute “ CMA ”.
In section 55 (enforcement action by Secretary of State), in subsection (3), for “Commission” substitute “ CMA ”.
Section 56 (competition cases where intervention on public interest grounds ceases) is amended as follows.
In subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
In subsection (3)—
for “Commission” (in each place where it occurs) substitute “ CMA ”,
for “the report of the OFT” substitute “ its report ”, and
omit “to it by the OFT”.
In subsection (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.
In subsection (6)—
for “Commission” substitute “ CMA ”, and
omit “to it”.
In subsection (7), for “Commission” (in each place where it occurs) substitute “ CMA ”.
In subsection (8)—
for “Commission” substitute “ CMA ”,
after “(6)” insert,
omit “to the Commission by the OFT”, and
at the end insert
Section 57 (duties of authorities to inform Secretary of State) is amended as follows.
In subsection (1), for “OFT” substitute “ CMA ”.
In subsection (2)—
for “OFT, OFCOM and the Commission” substitute “ CMA and OFCOM ”, and
for “OFT, OFCOM or (as the case may be) the Commission” substitute “ CMA or (as the case may be) OFCOM ”.
In the heading, for “OFT and Commission” substitute “ CMA and OFCOM ”.
In section 58 (specified considerations), in subsection (4)(b) for “OFT, OFCOM, the Commission” substitute “ CMA, OFCOM ”.
Section 59 (intervention by Secretary of State in special public interest cases) is amended as follows.
In subsection (2), for “OFT” substitute “ CMA ”.
In subsection (6)—
for “OFT” (in each place where it occurs) substitute “ CMA ”, and
for “Commission” substitute “ CMA ”.
In subsection (4)—
in paragraph (a), for “OFT” substitute “ CMA ”, and
for “Commission” (in each place where it occurs) substitute “ CMA ”.
In section 61 (initial investigation and report) is amended as follows.
In subsections (2) to (4A) and (6), for “OFT” (in each place where it occurs) substitute “ CMA ”.
In the heading, for “OFT” substitute “ CMA ”.
Section 62 (power of Secretary of State to refer matter) is amended as follows.
In subsection (1), in paragraph (b), for “OFT” substitute “ CMA ”.
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 ”.
In subsection (5), for “OFT” substitute “ CMA ”.
Before section 63 insert—
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 ”.
In section 67 (intervention to protect legitimate interests), in subsections (2) and (8), for “OFT” (in each place where it occurs) substitute “ CMA ”.
In section 68 (scheme for protecting legitimate interests), in subsection (4)—
in paragraph (b), for “OFT” substitute “ CMA ”,
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
in paragraph (d), for “the Commission” substitute “ the CMA, acting through a group so constituted, ”.
In section 72 (initial enforcement orders), in subsections (2), (6) and (7), for “OFT” (in each place where it occurs) substitute “ CMA ”.
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 ”.
Section 76 (supplementary interim order-making power) is amended as follows
In subsection (1)—
in paragraph (a), for “OFT” substitute “ CMA ”, and
in paragraph (b), for “Commission” substitute “ CMA ”.
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 ”.
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 ”.
In section 78 (restrictions on certain dealings: anticipated mergers), in subsections (2) to (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.
In subsection (1), for “Commission” (in each place where it occurs) substitute “ CMA ”.
In subsection (4), for “OFT” substitute “ CMA ”.
Section 80 (interim undertakings) is amended as follows.
In subsections (2), (5) and (9), for “Commission” (in each place where it occurs) substitute “ CMA ”.
In subsection (10), for “Commission's” substitute “CMA's”.
Section 81 (interim orders) is amended as follows.
In subsection (2), for “Commission” (in each place where it occurs) substitute “ CMA ”.
In subsection (9), for “Commission” substitute “ CMA ”.
In section 82 (final undertakings), in subsections (1), (2) and (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.
Section 83 (order-making powers where final undertakings not fulfilled) is amended as follows.
In subsection (1), in the words before paragraph (a), for “Commission” substitute “ CMA ”.
In that subsection, in paragraph (b)—
for “Commission or the OFT” substitute “ CMA ”, and
for “Commission decided” substitute “ CMA decided ”.
In subsections (2) and (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.
Omit subsection (6).
Section 84 (final orders) is amended as follows.
In subsections (1) and (2), for “Commission” (in each place where it occurs) substitute “ CMA ”.
Omit subsection (4).
In section 85 (enforcement regime for public interest and special interest cases), in subsection (2), for “OFT” substitute “ CMA ”.
Section 91 (register of undertakings and orders) is amended as follows.
In subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
In subsection (3)—
in the words before paragraph (a), for “OFT” substitute “ CMA ”, and
in paragraph (d), for “Commission” substitute “ CMA ”.
In subsection (4), for “OFT” substitute “ CMA ”.
In subsection (5)—
for “Commission and the Secretary of State” substitute “ Secretary of State ”,
for “OFT” substitute “ CMA ”, and
for “by them” (in each place where it occurs) substitute “ by the Secretary of State ”.
In subsections (6) and (7), for “OFT” (in each place where it occurs) substitute “ CMA ”.
In the italic cross-heading preceding section 92, for “OFT” substitute “ CMA ”.
Section 92 (duty to monitor undertakings and orders) is amended as follows.
In subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
In subsection (3)—
in the words before paragraph (a)—
for “OFT” substitute “ CMA ”, and
omit “the Commission or (as the case may be)”,
in paragraph (a)—
omit “the Commission or (as the case may be)”, and
omit “it (or as the case may be)”, and
in paragraphs (b) to (d), omit “the Commission or (as the case may be)” (in each place where it occurs).
In subsections (4) to (6), for “OFT” (in each place where it occurs) substitute “ CMA ”.
In subsection (7)—
in the words before paragraph (a), for “OFT” substitute “ CMA ”,
omit paragraph (a), and
in paragraph (b), for “the report” substitute “ any report prepared by it under subsection (6) ”.
In the heading, for “OFT” substitute “ CMA ”.
Section 93 (further role in relation to undertakings and orders) is amended as follows.
In subsection (1), omit paragraph (a) and the word “or” immediately following it.
In subsection (2)—
for the words from the beginning to “authority”)” substitute “ The Secretary of State ”,
for “OFT” substitute “ CMA ”,
for “relevant authority” (in each place where it occurs) substitute “ Secretary of State ”, and
In subsection (3)—
for “relevant authority” (in each place where it occurs) substitute “ Secretary of State ”,
for “OFT” substitute “ CMA ”, and
for “OFT's” substitute “CMA's”.
In subsection (4)—
for “OFT” substitute “ CMA ”,
for “relevant authority” substitute “ Secretary of State ”, and
In subsection (6)—
for “relevant authority” substitute “ Secretary of State ”, and
for “OFT” substitute “ CMA ”.
In the heading, for “OFT” substitute “ CMA ”.
Section 94 (rights to enforce undertakings and orders) is amended as follows.
In subsection (6), for “OFT” substitute “ CMA ”.
Omit subsection (7).
Section 95 (rights to enforce statutory restrictions) is amended as follows.
In subsection (4), for “OFT or the Commission” substitute “ CMA ”.
In subsection (5), for “OFT” substitute “ CMA ”.
Section 96 (merger notices) is amended as follows.
In subsection (1), for “OFT” substitute “ CMA ”.
In subsection (5), for “OFT” substitute “ CMA ”.
Section 99 (certain functions in relation to merger notices) is amended as follows.
In subsection (1), for “OFT” (in each place where it occurs) substitute “ CMA ”.
In subsection (5), for “OFT” (in each place where it occurs) substitute “ CMA ”.
In the heading, for “OFT and Secretary of State” substitute “ CMA ”.
In section 100 (exceptions to protection given by merger notices), in subsection (1), for “OFT” (in each place where it occurs) substitute “ CMA ”.
Section 104 (certain duties of relevant authorities to consult) is amended as follows.
In subsection (6), in the definition of “relevant authority” for “OFT, the Commission” substitute “ CMA ”.
In that subsection, in the definition of “relevant decision”—
for “OFT” (in each place where it occurs) substitute “ CMA ”,
in paragraph (a), after sub-paragraph (ii) insert, and
omit paragraph (b).
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 ”.
Section 105 (general information duties) is amended as follows.
In subsection (1), for “OFT” substitute “ CMA ”.
In subsection (3)—
in the words before paragraph (a)—
for “OFT” substitute “ CMA ”, and
omit “Commission or”,
in paragraph (a), omit “the Commission or (as the case may be)” (in each place where it occurs), and
in paragraph (b)—
omit “the Commission or (as the case may be)”, and
for “OFT” substitute “ CMA ”.
In subsection (3A)—
in the words before paragraph (a), for “Commission or the OFT” substitute “ CMA ”, and
for “Commission or (as the case may be) the OFT” (in each place where it occurs) substitute “ CMA ”.
In subsection (4)—
for “OFT” (in each place where it occurs) substitute “ CMA ”,
for “the Commission or OFCOM” substitute “ OFCOM ”, and
omit “the Commission or (as the case may be)” (in each place where it occurs).
In subsection (4A)—
for “Commission or the OFT” substitute “ CMA ”, and
for “Commission or (as the case may be) the OFT” (in each place where it occurs) substitute “ CMA ”.
In subsection (5)—
in the words before paragraph (a), for “OFT, OFCOM and the Commission” substitute “ CMA and OFCOM ”, and
in paragraph (b), for “OFT, OFCOM or (as the case may be) the Commission” substitute “ CMA or (as the case may be) OFCOM ”.
In subsection (6), for “OFT” (in each place where it occurs) substitute “ CMA ”.
In subsection (7)—
for “Commission” substitute “ CMA ”, and
for “(3), (3A), (4) or (4A)” substitute “ (3A) or (4A) ”.
In subsection (7A), omit the words from “and the OFT” to the end of the subsection.
In the heading, for “OFT and Commission” substitute “ CMA ”.
In subsection (1)—
omit “As soon as reasonably practicable after the passing of this Act,”,
for “the OFT” substitute “ The CMA ”, and
for the words from “the making” to the end of the subsection substitute
In subsection (2), for “OFT” substitute “ CMA ”.
Omit subsections (3) and (4).
In subsection (5), in paragraph (b), for “OFT or (as the case may be) the Commission” substitute “ CMA ”.
In subsection (6)—
omit “or (3)”, and
for “OFT or (as the case may be) the Commission” substitute “ CMA ”.
In subsection (7)—
for “OFT or the Commission” substitute “ CMA ”, and
for “OFT or (as the case may be) the Commission” substitute “ CMA ”.
In subsection (8), for “OFT shall consult the Commission and such other persons” substitute “ CMA shall consult such persons ”.
Omit subsection (9).
In section 106A (advice and information in relation to media mergers), in subsection (5), for “OFT, OFCOM, the Commission” substitute “ CMA, OFCOM ”.
In section 106B (general advisory duties of OFCOM), in subsections (1) and (3), for “Commission” substitute “ CMA ”.
Section 107 (further publicity requirements) is amended as follows.
In subsection (1)—
for “OFT” substitute “ CMA ”,
in paragraph (e), omit “or 76”, and
omit paragraphs (g) and (h).
In subsection (2), for “Commission shall” substitute “ CMA shall also ”.
In subsection (3)—
in paragraph (b), for “OFT” substitute “ CMA ”, and
in paragraph (e), for “Commission” substitute “ CMA ”.
In subsection (9)—
in paragraph (a), for “OFT” substitute “ CMA ”, and
in paragraph (b), for “Commission” substitute “ CMA ”.
In subsection (10)—
in paragraph (a), for “OFT” substitute “ CMA ”, and
in paragraph (b), for “Commission” substitute “ CMA ”.
In subsection (11), for “Commission's” substitute “CMA's”.
In section 108 (defamation), for “OFT, OFCOM, the Commission” substitute “ CMA, OFCOM ”.
In section 109 (attendance of witnesses and production of documents etc.), in subsection (3)(a), for “the Commission” substitute “ the CMA ”.
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 ”.
In section 111 (penalties), in subsections (1), (5) and (8), for “Commission” (in each place where it occurs) substitute “ CMA ”.
In section 112 (penalties: main procedural requirements), in subsections (1) to (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.
In section 113 (payment and interest by instalments), in subsections (3) and (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.
In section 114 (appeals in relation to penalties), in subsections (4), (5) and (7), for “Commission” (in each place where it occurs) substitute “ CMA ”.
In section 115 (recovery of penalties), for “Commission” (in each place where it occurs) substitute “ CMA ”.
In section 116 (statement of policy), in subsections (1), (3) and (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.
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 ”.
Section 118 (excisions from reports) is amended as follows.
In subsection (1)—
in paragraph (a), for “OFT” substitute “ CMA ”, and
in paragraph (b), for “Commission” substitute “ CMA ”.
In subsection (5), for “Commission” substitute “ CMA ”.
Section 119 (minority reports) is amended as follows.
In subsection (1)—
omit “in pursuance of paragraph 15 of Schedule 7 to the Competition Act 1998 (c. 41)”, and
for “Commission” (in each place where it occurs) substitute “ CMA ”.
In the heading, for “Commission” substitute “ CMA ”.
Section 119B (monitoring role in relation to media mergers) is amended as follows.
In subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
In the heading, for “OFT” substitute “ CMA ”.
In section 120 (review of decisions under Part 3), in subsection (1)—
for “OFT” substitute “ CMA ”, and
for “the Secretary of State or the Commission” substitute “ or the Secretary of State ”.
Section 121 (fees) is amended as follows.
In subsection (1)—
for “OFT of” substitute “ CMA of ”, and
for “OFT, OFCOM and the Commission” substitute “ CMA and OFCOM ”.
In subsections (3), (4) and (7), for “OFT” (in each place where it occurs) substitute “ CMA ”.
In subsection (8)—
for “OFT in” substitute “ CMA in ”, and
for “OFT, OFCOM and the Commission” substitute “ CMA and OFCOM ”.
In subsection (9), for “OFT” substitute “ CMA ”.
Section 122 (primacy of EU law) is amended as follows.
In subsection (1)—
omit “or (3)”, and
for “OFT or (as the case may be) the Commission” substitute “ CMA ”.
In subsection (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
Section 123 (power to alter share of supply test), in subsection (4), for “OFT and the Commission” substitute “ CMA ”.
Section 130 (index of defined expressions) is amended as follows.
At the appropriate place in the table insert—
Omit the entries in the table for “The Commission” and “The OFT”.
In the first column of the entry for “Reports of the Commission”, for “Commission” substitute “ CMA ”.
Schedule 7 (enforcement regime for public interest and special interest cases) is amended as follows.
In paragraph 2, in sub-paragraphs (2), (10) and (11), for “OFT” (in each place where it occurs) substitute “ CMA ”.
In paragraph 3, in sub-paragraph (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.
In paragraph 4, in sub-paragraphs (2) and (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.
In paragraph 5, in sub-paragraphs (1) and (6), for “OFT” (in each place where it occurs) substitute “ CMA ”.
In paragraph 7, in sub-paragraphs (8) and (9), for “Commission” (in each place where it occurs) substitute “ CMA ”.
In paragraph 8—
in sub-paragraphs (7) and (8), for “Commission” (in each place where it occurs) substitute “ CMA ”, and
in sub-paragraph (11), for “OFT” substitute “ CMA ”.
In paragraph 10, in sub-paragraphs (1) and (6), for “OFT” (in each place where it occurs) substitute “ CMA ”.
In paragraph 11, in sub-paragraph (5), for “OFT” substitute “ CMA ”.
Schedule 8 (provision that may be contained in certain enforcement orders) is amended as follows.
In paragraph 8, in sub-paragraph (3), for “Commission” substitute “ CMA ”.
In paragraph 19, for “OFT” (in each place where it occurs) substitute “ CMA ”.
In paragraph 24 —
omit paragraph (a), and
in paragraph (b), for “Commission” (in each place where it occurs) substitute “ CMA ”.
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
Section 131 (power to make market investigation references) is amended as follows.
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 ”.
In the heading, for “OFT” substitute “ CMA ”.
Section 132 (ministerial power to make market investigation references) is amended as follows.
In subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
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 ”.
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 ”.
Before section 134 (but after the italic cross-heading immediately preceding it) insert—
Section 134 (questions to be decided on market investigation references) is amended as follows.
In subsections (1), (4), (6) and (7), for “Commission” (in each place where it occurs) substitute “ CMA ”.
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 ”.
Section 135 (variation of references) is amended as follows.
In subsection (1), for “OFT” substitute “ CMA ”.
In subsection (2)—
omit “OFT or (as the case may be) the”,
for “Commission” substitute “ CMA ”, and
after “reference” insert “ made by him ”.
In subsection (3), for “Commission” substitute “ CMA ”.
Section 136 (investigations and reports on market investigation references) is amended as follows.
In subsections (1) to (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.
For subsection (4) substitute—
In subsection (5)—
for “OFT” substitute “ CMA ”, and
for “Commission” substitute “ CMA ”.
Omit subsection (6).
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 ”.
In section 138 (duty to remedy adverse effects), in subsections (1) to (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.
In section 139 (public interest intervention by the Secretary of State), in subsection (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
In section 140 (intervention notices under section 139(1)), in subsection (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.
In section 141 (questions to be decided), in subsections (2) and (3) to (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.
Section 142 (investigations and reports) is amended as follows.
In subsections (2) and (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.
In the heading, for “Commission” substitute “ CMA ”.
In section 143 (publication etc. of reports), in subsections (1), (3) and (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.
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 ”.
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 ”.
In section 146 (decision of Secretary of State), in subsections (2) to (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.
In section 147 (remedial action by Secretary of State), in subsections (3) and (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.
Section 148 (reversion of the matter) is amended as follows.
In subsections (1), (2), (6), (7) and (9), for “Commission” (in each place where it occurs) substitute “ CMA ”.
In subsection (10), for “Commission's” substitute “CMA's”.
In section 149 (intervention notices under section 139(2)), in subsections (1) and (5), for “OFT” (in each place where it occurs) substitute “ CMA ”.
Section 150 (power of veto of Secretary of State) is amended as follows.
In subsections (1) and (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.
In subsection (4), for “OFT's” substitute “CMA's”.
Section 151 (further interaction of intervention notices with general procedure) is amended as follows.
In subsection (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.
In subsection (4), for “Commission” (in the first place where it occurs) substitute “ CMA ”.
In subsection (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.
Section 152 (certain duties in relation to providing information) is amended as follows.
In subsection (1), for “OFT” substitute “ CMA ”.
In subsection (3)—
for “OFT and the Commission” substitute “ CMA ”, and
for “OFT or (as the case may be) the Commission” substitute “ CMA ”.
In the heading, for “OFT and Commission” substitute “ CMA ”.
In section 153 (specified considerations for purposes of Part 4), in subsection (4)—
for “OFT” substitute “ CMA ”,
for “by the Secretary of State,” substitute “ by the Secretary of State or ”, and
omit “or by the Commission”.
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 ”.
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 ”.
In section 156 (effect of undertakings under section 154), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
In section 159 (final undertakings: Part 4), in subsections (1), (5) and (6) for “Commission” (in each place where it occurs) substitute “ CMA ”.
Section 160 (order-making power where final undertakings not fulfilled: Part 4) is amended as follows.
In subsection (1)(b), for “the relevant authority or the OFT” substitute “ a relevant person ”.
After subsection (1) insert—
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 ”.
In subsection (7), in paragraph (a), for “Commission” (in each place where it occurs) substitute “ CMA ”.
Section 161 (final orders: Part 4) is amended as follows.
In subsection (1), for “Commission” substitute “ CMA ”.
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 ”.
For the italic cross-heading before section 162 substitute “ Undertakings and orders: monitoring, consultation and advice ”.
Section 162 (duty to monitor undertakings and orders: Part 4) is amended as follows.
In subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
In subsection (3)—
in the words before paragraph (a)—
for “OFT” substitute “ CMA ”, and
omit “the Commission or (as the case may be)”,
in paragraph (a)—
omit “the Commission or (as the case may be)”, and
omit “it (or as the case may be)”,
in paragraphs (b) to (d), omit “the Commission or (as the case may be)” (in each place where it occurs), and
in paragraph (e), for “167(6) to (8)” substitute “ 167(6) and (7) ”.
In subsection (4)—
in the words before paragraph (a), for “OFT” substitute “ CMA ”, and
after paragraph (b) (but before the “or” following it) insert—.
In subsections (5) and (6), for “OFT” (in each place where it occurs) substitute “ CMA ”.
In subsection (7)—
in the words before paragraph (a), for “OFT” substitute “ CMA ”,
omit paragraph (a), and
in paragraph (b), for “the report” substitute “ any report prepared by it under subsection (6) ”.
In the heading, for “OFT” substitute “ CMA ”.
Section 163 (further role in relation to undertakings and orders: Part 4) is amended as follows.
In subsection (1)—
omit “the Commission or”, and
omit “(in this section “the relevant authority”)”.
In subsection (2)—
for “relevant authority” (in each place where it occurs) substitute “ Secretary of State ”, and
for “OFT” substitute “ CMA ”.
In subsection (3)—
for “relevant authority” (in each place where it occurs) substitute “ Secretary of State ”,
for “OFT” substitute “ CMA ”, and
for “OFT's” substitute “CMA's”.
In subsection (4)—
for “OFT” substitute “ CMA ”, and
for “relevant authority” substitute “ Secretary of State ”.
In subsection (5)—
for “relevant authority” (in each place where it occurs) substitute “ Secretary of State ”, and
omit “itself”.
In subsection (6)—
for “relevant authority” substitute “ Secretary of State ”, and
for “OFT” substitute “ CMA ”.
For the heading substitute “ Role of CMA in relation to undertakings and orders in public interest cases: Part 4 ”.
Section 166 (register of undertakings and orders: Part 4) is amended as follows.
In subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
In subsection (3)—
in the words before paragraph (a), for “OFT” substitute “ CMA ”,
in paragraph (a), omit “(whether by the Commission, the Secretary of State or a relevant sectoral regulator)”, and
in paragraph (b), omit “(whether by the Commission, the Secretary of State or a relevant sectoral regulator)”.
In subsection (4), for “OFT” substitute “ CMA ”.
In subsection (5)—
omit “Commission, the”, and
for “OFT” substitute “ CMA ”.
In subsections (6) and (7), for “OFT” (in each place where it occurs) substitute “ CMA ”.
Section 167 (rights to enforce undertakings and orders under this Part) is amended as follows.
In subsection (6), for “OFT” substitute “ CMA ”.
In subsection (7)—
after “accepted” insert “ by the Secretary of State ”,
after “an order” insert “ made by the Secretary of State ”, and
for “relevant authority” substitute “ Secretary of State ”.
Omit subsection (8).
In subsection (9), for “(6) to (8)” substitute “ (6) and (7) ”.
In section 168 (regulated markets), in subsections (1), (2), (6) and (7), for “Commission” (in each place where it occurs) substitute “ CMA ”.
In section 169 (certain duties of relevant authorities to consult: Part 4), in subsection (6)—
in the definition of “relevant authority”, for “OFT, the appropriate Minister or the Commission” substitute “ CMA, the appropriate Minister ”,
in the definition of “relevant decision”, in paragraph (a), in the opening words, for “OFT” (in each place where it occurs) substitute “ CMA ”,
also in that paragraph of that definition, after sub-paragraph (ii) insert, and
also in that definition, omit paragraph (c) and the word “and” preceding it.
Section 170 (general information duties) is amended as follows.
Omit subsections (1) and (2).
In subsection (3)—
in the words before paragraph (a), for “OFT and the Commission” substitute “ CMA ”,
in paragraph (a), for “their possession” substitute “ its possession ”, and
in paragraph (b), for “OFT (or as the case may be) the Commission” substitute “ CMA ”.
In subsection (4), for “OFT” (in each place where it occurs) substitute “ CMA ”.
In subsection (5), omit the words from the beginning to “and the Secretary of State” and insert “ The Secretary of State ”.
Section 171 (advice and information: Part 4) is amended as follows.
In subsection (1)—
omit “As soon as reasonably practicable after the passing of this Act,”,
for “the OFT” substitute “ The CMA ”, and
for “the making of references by it under section 131” substitute
In subsection (2), for “OFT” substitute “ CMA ”.
Omit subsections (3) and (4).
In subsection (5)(b), for “OFT or (as the case may be) the Commission” substitute “ CMA ”.
In subsection (6)—
omit “or (3)”, and
for “OFT or (as the case may be) the Commission” substitute “ CMA ”.
In subsection (7)—
omit “or (3)”, and
for “OFT or (as the case may be) the Commission” substitute “ CMA ”.
In subsection (8)—
for “OFT or the Commission” substitute “ CMA ”, and
for “OFT or (as the case may be) the Commission” substitute “ CMA ”.
In subsection (9), for “OFT shall consult the Commission and such other persons” substitute “ CMA shall consult such persons ”.
Omit subsection (10).
Section 172 (further publicity requirements: Part 4) is amended as follows.
In subsection (1), for “OFT” substitute “ CMA ”.
In subsection (2), for “Commission shall” substitute “ CMA shall also ”.
In subsection (10), for “Commission's” substitute “CMA's”.
In section 173 (defamation)—
for “OFT” substitute “ CMA ”,
for “by the Secretary of State,” substitute “ by the Secretary of State or ”, and
omit “or by the Commission”.
In section 174 (investigatory powers), in subsections (3) to (5), for “OFT” (in each place where it occurs) substitute “ CMA ”.
In section 177 (excisions from reports: Part 4), in subsections (1), (4) and (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.
Section 178 (minority reports: Part 4) is amended as follows.
In subsection (1)—
omit “in pursuance of paragraph 15 of Schedule 7 to the Competition Act 1998 (c. 41)”, and
for “Commission” (in each place where it occurs) substitute “ CMA ”.
In the heading, for “Commission” substitute “ CMA ”.
In section 179 (review of decisions under Part 4), in subsection (1)—
for “OFT” substitute “ CMA ”, and
for “, the Secretary of State or the Commission” substitute “ or the Secretary of State ”.
In section 183 (interpretation of Part 4), in subsection (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.
Section 184 (index of defined expressions: Part 4) is amended as follows.
At the appropriate place in the table insert—
Omit the entries in the table for “The Commission” and “The OFT”.
In the first column of the entry in the table for “Reports of the Commission”, for “Commission” substitute “ CMA ”.
Part 6
In section 190 (cartel offence: prosecution), in subsections (2)(b) and (4), for “OFT” substitute “ CMA ”.
In section 192 (investigation of cartel offences), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
In section 193 (powers when conducting an investigation), in subsections (1) to (4), for “OFT” (in each place where it occurs) substitute “ CMA ”.
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 ”.
In section 195 (exercise of powers by authorised person), in subsection (1), for “OFT” (in both places where it occurs) substitute “ CMA ”.
In section 196 (privileged information etc), in subsection (2)(b), for “OFT” substitute “ CMA ”.
In section 201 (offences), in subsection (4)(a), for “OFT” substitute “ CMA ”.
Part 11
Section 273 (interpretation) is amended as follows.
For the definition of “the Commission” substitute—.
Omit the definition of “the OFT”.
Abolition of the Competition Commission
Amendments of the 1998 Act
The 1998 Act is amended as follows.
In the heading of Chapter 4 of Part 1, omit “The Competition Commission and”.
Omit section 45 (establishment of Competition Commission) and the cross- heading preceding it.
In section 59 (interpretation of Part 1), in subsection (1), in the definition of “the Commission”, omit “(except in relation to the Competition Commission)”.
Omit Schedule 7 (Competition Commission).
Omit Schedule 7A (Competition Commission: procedural rules for mergers and markets refinances).
Amendments of the 2002 Act
The 2002 Act is amended as follows.
Omit sections 185 to 187 (the Competition Commission).
In Schedule 3 (the Competition Service), omit Part 2 (transfers of property etc between the Competition Commission and the Competition Service).
Omit Schedule 11 (the Competition Commission).
Omit Schedule 12 (Competition Commission: certain procedural rules).
Abolition of the Office of Fair Trading
Regulatory appeals etc: minor and consequential amendments
Amendments to Acts
Competition Act 1980 (c. 21)
The Competition Act 1980 is amended as follows.
Section 11 (reference of public bodies and certain other persons to the Commission) is amended as follows.
In subsections (1), (5), (6), (8) and (10), for “Commission” (in each place where it occurs) substitute “ CMA ” .
After subsection (10) insert—
In the heading, for “Commission” substitute “ CMA ”.
In section 11A (references under section 11: time-limits), in subsections (2) and (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.
Section 11C (references under section 11: further supplementary provisions) is amended as follows.
In subsection (1), for the words from “the words” to the end, substitute
In subsection (3)—
for “Commission” substitute “ CMA ”, and
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 section 16 (general provisions as to reports), in subsection (2), for “Commission” substitute “ CMA ”.
In section 17 (laying before Parliament and publication of reports), in subsection (6), for “Commission” substitute “ CMA ”.
In section 33 (short title, interpretation, etc), in subsection (2), for “ “the Commission”” substitute “ “the CMA” ”.
Solicitors (Scotland) Act 1980 (c. 46)
The Solicitors (Scotland) Act 1980 is amended as follows.
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 ”.
Section 64A (advisory and supervisory functions) is amended as follows.
In subsections (1) and (2), for “Director” (in each place where it occurs) substitute “ CMA ”.
In subsection (3)—
for “Director has completed his consideration he” substitute “ CMA has completed its consideration, the CMA ”, and
for “he thinks” substitute “ it thinks ”.
In subsection (4), for “The Director may publish any advice given by him” substitute “ The CMA may publish advice given ”.
In subsection (5)—
for “Director” substitute “ CMA ”, and
for “Director's” substitute “CMA's”.
In subsection (6), for “Director” substitute “ CMA ”.
In the heading, for “Director General of Fair Trading” substitute “ Competition and Markets Authority ”.
Section 64C (investigatory powers) is amended as follows.
In subsection (1)—
for “Director” substitute “ CMA ”, and
for “him” (in each place where it occurs) substitute “ the CMA ”.
After subsection (2) insert—
In the heading, for “Director” substitute “ Competition and Markets Authority ”.
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 ”.
In section 65 (interpretation), in subsection (1)—
before the definition of “the Council” insert—
omit the definition of “the Director”.
Gas Act 1986 (c. 44)
The Gas Act 1986 is amended as follows.
Section 23B (appeals) is amended as follows.
In subsection (1), for “Competition Commission (“the Commission”)” substitute “ CMA ”.
In subsections (3) and (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.
In the heading, for “Competition Commission” substitute “ CMA ”.
Section 23C (procedure on appeal) is amended as follows.
Omit subsection (1).
In subsection (2), omit “Instead,”.
After subsection (2) insert—
In the heading, for “Commission” substitute “ CMA ”.
Section 23D (determination of appeal) is amended as follows.
In subsections (2) to (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.
In the heading, for “Commission” substitute “ CMA ”.
Section 23E (powers on allowing appeal) is amended as follows.
In subsection (1), for “Commission” substitute “ CMA ”.
In subsection (2)—
for “Commission” (in each place where it occurs) substitute “ CMA ”, and
for “Commission's” substitute “CMA's”.
In subsection (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.
In subsection (7), for “Commission's” substitute “CMA's”.
In the heading, for “Commission's” substitute “CMA's”.
Section 23F (time limits for determination of appeal) is amended as follows.
In subsections (1), (3) to (5) and (7), for “Commission” (in each place where it occurs) substitute “ CMA ”.
In the heading, for “Commission” substitute “ CMA ”.
Section 23G (supplementary provision about determination of appeal) is amended as follows.
In subsection (1), for “Commission” (in each place where it occurs) substitute “ CMA ”.
In subsection (2)—
for “Commission” substitute “ CMA ”, and
for “Commission's” (in each place where it occurs) substitute “CMA's”.
In subsection (3), for “Commission” substitute “ CMA ”.
In the heading, for “Commission” substitute “ CMA ”.
In section 27 (modification by order under other enactments), in subsection (1), for “Office of Fair Trading, the Competition Commission” substitute “ CMA ”.
Section 41D (application by Authority for order including new activities) is amended as follows.
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 ”.
In subsections (4) and (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.
After subsection (6), insert—
Section 41E (references) is amended as follows.
In subsection (1)—
for “Competition Commission” substitute “ CMA ”, and
for “the Commission” substitute “ the CMA ”.
In subsections (2), (3), (5) and (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.
In the heading, for “Competition Commission” substitute “ CMA ”.
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 ”.
In section 41EB (references under section 41E: application of the Enterprise Act 2002), in subsection (4)—
for “Competition Commission” substitute “ CMA ”, and
for the words from “the words” to the end, substitute
Section 41F (reports on references) is amended as follows.
In subsection (1), for “Competition Commission” substitute “ CMA ”.
In subsections (2) and (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.
In subsection (3A)—
for “Competition Commission” substitute “ CMA ”, and
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 subsections (3B) to (4C), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
In subsection (5), for “Commission” substitute “ CMA ”.
In section 48 (interpretation of Part 1), in subsection (1), after the definition of “calorific value” insert—.
Schedule 4A (procedure for appeals under section 23B) is amended as follows.
In paragraph 1—
in sub-paragraphs (1) and (7), for “Commission” (in each place where it occurs) substitute “ CMA ”,
in sub-paragraph (8)—
for “Commission's” substitute “CMA's”, and
for “Commission” substitute “ CMA ”,
in sub-paragraph (9)—
for “deciding” substitute “ the authorised member decides ”, and
for “the Commission must give the Authority” substitute “ the Authority must be given ”,
in sub-paragraph (10), for “Commission's” substitute “CMA's”,
in sub-paragraph (12), for “the Commission must” substitute “ an authorised member of the CMA must ”, and
in sub-paragraph (13)—
for “of the Commission” substitute “ of the CMA ”, and
for “as the Commission” substitute “ as an authorised member of the CMA ”.
In paragraph 2—
in sub-paragraph (1), for “Commission” substitute “ CMA ”,
in sub-paragraph (2)(b), for “the Commission has given the Authority” substitute “ the Authority has been given ”,
in sub-paragraph (3), for “Commission's” substitute “CMA's”,
in sub-paragraph (4), for “Commission” substitute “ CMA ”,
in sub-paragraph (5)—
for “Commission's” substitute “CMA's”, and
for “Commission” substitute “ CMA ”, and
in sub-paragraph (6)—
in paragraph (a), for “Commission” substitute “ CMA ”, and
in paragraph (b), for “the Commission” substitute “ an authorised member of the CMA ”.
In paragraph 3, in sub-paragraphs (1) and (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.
In paragraph 4—
omit sub-paragraph (1),
in sub-paragraph (2)—
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
for “Commission” substitute “ CMA panel ”,
omit sub-paragraphs (3) to (7), and
in sub-paragraph (8), for “a group” substitute “ the group ”.
In paragraph 5, in sub-paragraph (1)—
for “The group with the function of determining an appeal” substitute “ The CMA ”, and
for “determination of the appeal” substitute “ determination of an appeal ”.
In paragraph 6—
in sub-paragraph (1), for “Commission” (in each place where it occurs) substitute “ CMA ”,
in sub-paragraph (4)—
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
omit “to it”, and
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 ”.
In paragraph 7—
in sub-paragraph (2), for “Commission” substitute “ CMA ”,
in sub-paragraph (5)(a), for “the Commission is not required” substitute “ there is no requirement ”,
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
in sub-paragraph (8), for the words from “Commission's” to the end, substitute “ CMA's behalf by an authorised member of the CMA ”.
In paragraph 8—
in sub-paragraph (1), for “Commission” substitute “ CMA ”, and
in sub-paragraph (4), for the words from “Commission's” to the end, substitute “ CMA's behalf by an authorised member of the CMA ”.
In paragraph 9, for “Commission” substitute “ CMA ”.
In paragraph 10, in sub-paragraph (1), for “a member of the Commission” substitute “ an authorised member of the CMA ”.
In paragraph 11, in sub-paragraphs (1), (3) and (4), for “Commission” (in each place where it occurs) substitute “ CMA Board ”.
In paragraph 12, in sub-paragraphs (1) and (2), for “Commission” (in each place where it occurs) substitute “ CMA ”.
In paragraph 13, in sub-paragraph (1)—
for the definition of “authorised member of the Commission” substitute—,
omit the definition of “the Chairman”,
for the definition of “the Commission” substitute—, and
omit the definition of a “group”.
Electricity Act 1989 (c. 29)
The Electricity Act 1989 is amended as follows.
Section 11C (appeals) is amended as follows.
In subsection (1), for “Competition Commission (“the Commission”)” substitute “ CMA ”.
In subsections (3) and (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.
In the heading, for “Competition Commission” substitute “ CMA ”.
Section 11D (procedure on appeal) is amended as follows.
Omit subsection (1).
In subsection (2), omit “Instead,”.
After subsection (2) insert—
In the heading, for “Commission” substitute “ CMA ”.
Section 11E (determination of appeal) is amended as follows.
In subsections (2) to (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.
In the heading, for “Commission” substitute “ CMA ”.
Section 11F (powers on allowing appeal) is amended as follows.
In subsection (1), for “Commission” substitute “ CMA ”.
In subsection (2)—
for “Commission” (in each place where it occurs) substitute “ CMA ”, and
for “Commission's” substitute “CMA's”.
In subsection (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.
In subsection (7), for “Commission's” substitute “CMA's”.
In the heading, for “Commission's” substitute “CMA's”.
Section 11G (time limits for determination of appeal) is amended as follows.
In subsection (1), for “Commission” substitute “ CMA ”.
In subsections (3) to (5) and (7), for “Commission” (in each place where it occurs) substitute “ CMA ”.
In the heading, for “Commission” substitute “ CMA ”.
Section 11H (supplementary provision about determination of appeal) is amended as follows.
In subsection (1), for “Commission” (in each place where it occurs) substitute “ CMA ”.
In subsection (2)—
for “Commission” substitute “ CMA ”, and
for “Commission's” (in each place where it occurs) substitute “CMA's”.
In subsection (3), for “Commission” substitute “ CMA ”.
In the heading, for “Commission” substitute “ CMA ”.
In section 15 (modification by order under other enactments), in subsection (1) for “Office of Fair Trading, the Competition Commission” substitute “ CMA ”.
Section 56B (application for order including new activities) is amended as follows.
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 ”.
In subsections (4) and (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.
After subsection (6), insert—
Section 56C (references) is amended as follows.
In subsection (1)—
for “Competition Commission” substitute “ CMA ”, and
for “the Commission” substitute “ the CMA ”.
In subsections (2), (3), (5) and (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.
In the heading, for “Competition Commission” substitute “ CMA ”.
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 ”.
In section 56CB (references under section 56C: application of Enterprise Act 2002), in subsection (4)—
for “Competition Commission” substitute “ CMA ”, and
for the words from “the words” to the end, substitute
Section 56D (reports on references) is amended as follows.
In subsection (1), for “Competition Commission” substitute “ CMA ”.
In subsections (2) and (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.
In subsection (3A)—
for “Competition Commission” substitute “ CMA ”, and
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 subsections (3B) to (4C), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
In subsection (5), for “Commission” substitute “ CMA ”.
In section 64 (interpretation etc of Part 1), in subsection (1), after the definition of “authorised supplier” insert—.
Schedule 5A (procedure for appeals under section 11C) is amended as follows.
In paragraph 1—
in sub-paragraphs (1) and (7), for “Commission” (in each place where it occurs) substitute “ CMA ”,
in sub-paragraph (8)—
for “Commission's” substitute “CMA's”, and
for “Commission” substitute “ CMA ”,
in sub-paragraph (9)—
for “deciding” substitute “ the authorised member decides ”, and
for “the Commission must give the Authority” substitute “ the Authority must be given ”,
in sub-paragraph (10), for “Commission's” substitute “CMA's”,
in sub-paragraph (12), for “the Commission must” substitute “ an authorised member of the CMA must ”, and
in sub-paragraph (13)—
for “of the Commission” substitute “ of the CMA ”, and
for “as the Commission” substitute “ as an authorised member of the CMA ”.
In paragraph 2—
in sub-paragraph (1) for “Commission” substitute “ CMA ”,
in sub-paragraph (2)(b), for “the Commission has given the Authority” substitute “ the Authority has been given ”,
in sub-paragraph (3), for “Commission's” substitute “CMA's”,
in sub-paragraph (4), for “Commission” substitute “ CMA ”,
in sub-paragraph (5)—
for “Commission's” substitute “CMA's”, and
for “Commission” substitute “ CMA ”, and
in sub-paragraph (6)—
in paragraph (a), for “Commission” substitute “ CMA ”, and
in paragraph (b), for “the Commission” substitute “ an authorised member of the CMA ”.
In paragraph 3, in sub-paragraphs (1) and (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.
In paragraph 4—
omit sub-paragraph (1),
in sub-paragraph (2)—
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
for “Commission” substitute “ CMA panel ”,
omit sub-paragraphs (3) to (7), and
in sub-paragraph (8), for “a group” substitute “ the group ”.
In paragraph 5, in sub-paragraph (1)—
for “The group with the function of determining an appeal” substitute “ The CMA ”, and
for “determination of the appeal” substitute “ determination of an appeal ”.
In paragraph 6—
in sub-paragraph (1), for “Commission” (in each place where it occurs) substitute “ CMA ”,
in sub-paragraph (4)—
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
omit “to it”, and
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 ”.
In paragraph 7—
in sub-paragraph (2), for “Commission” substitute “ CMA ”,
in sub-paragraph (5)(a), for “the Commission is not required” substitute “ there is no requirement ”,
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
in sub-paragraph (8), for the words from “Commission's” to the end, substitute “ CMA's behalf by an authorised member of the CMA ”.
In paragraph 8—
in sub-paragraph (1), for “Commission” substitute “ CMA ”, and
in sub-paragraph (4), for the words from “Commission's” to the end, substitute “ CMA's behalf by an authorised member of the CMA ”.
In paragraph 9, for “Commission” substitute “ CMA ”.
In paragraph 10, in sub-paragraph (1), for “a member of the Commission” substitute “ an authorised member of the CMA ”.
In paragraph 11, in sub-paragraphs (1), (3) and (4), for “Commission” (in each place where it occurs) substitute “ CMA Board ”.
In paragraph 12, in sub-paragraphs (1) and (2), for “Commission” (in each place where it occurs) substitute “ CMA ”.
In paragraph 13, in sub-paragraph (1)—
for the definition of “authorised member of the Commission” substitute—,
omit the definition of “the Chairman”,
for the definition of “the Commission” substitute—, and
omit the definition of a “group”.
Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40)
The Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 is amended as follows.
In section 31 (rules of conduct), in subsection (2), for “Director” (in each place where it occurs) substitute “ CMA ”.
Section 40 (advisory and supervisory functions of Director) is amended as follows.
In subsections (1) and (2), for “Director” (in each place where it occurs) substitute “ CMA ”.
In subsection (3)—
for “Director has completed his consideration he” substitute “ CMA has completed its consideration it ”, and
for “as he” substitute “ as it ”.
In subsection (4), for “The Director may publish any advice given by him” substitute “ The CMA may publish any advice given ”.
In subsection (5)—
for “Director” substitute “ CMA ”, and
for “Director's” substitute “CMA's”.
In the heading, for “Director” substitute “ CMA ”.
Section 41 (investigatory powers of Director) is amended as follows.
In subsection (1)—
for “Director” substitute “ CMA ”, and
in paragraphs (a) and (b), for “him” in each place substitute “ the CMA ”.
In the heading, for “Director” substitute “ CMA ”.
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 ”.
In section 44 (interpretation of Part 2)—
after the definition of “advocate” insert—, and
omit the definition of “the OFT”.
Water Industry Act 1991 (c. 56)
The Water Industry Act 1991 is amended as follows.
Section 12 (determinations under conditions of appointment) is amended as follows.
In subsection (2)—
for “Competition Commission” substitute “ CMA ”, and
for “the Commission” substitute “ the CMA ”.
In subsection (3)—
for “Competition Commission” substitute “ CMA ”, and
for “that Commission” (in each place where it occurs) substitute “ the CMA ”.
In subsection (3A), for “Commission” (in each place where it occurs) substitute “ CMA ”.
In subsections (3B) and (3C), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
After subsection (3C) insert—
Section 14 (modification references) is amended as follows.
In subsection (1)—
for “Competition Commission” substitute “ CMA ”, and
for “the Commission” substitute “ the CMA ”.
In subsection (2)—
for “Competition Commission” substitute “ CMA ”, and
for “the Commission” substitute “ the CMA ”.
In subsection (3), for “Competition Commission” substitute “ CMA ”.
In subsection (5)—
for “Competition Commission” substitute “ CMA ”, and
for “the Commission” (in each place where it occurs) substitute “ the CMA ”.
In subsection (6), for “Competition Commission” substitute “ CMA ”.
After subsection (6) insert—
In the heading, for “Monopolies Commission” substitute “ CMA ”.
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 ”.
Section 15 (reports on modification references) is amended as follows.
In subsection (1), for “Competition Commission” substitute “ CMA ”.
In subsection (1A)—
for “Competition Commission” substitute “ CMA ”, and
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 ”.
In subsections (1B), (3) to (3C) and (4), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
In section 16 (modification following report), in subsections (1) and (4A), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
Section 16A (power of veto following report) is amended as follows.
In subsection (1), for the words from the beginning to “the Commission”)” substitute “ The CMA ”.
In subsections (2) to (9), for “Commission” (in each place where it occurs) substitute “ CMA ”.
Omit subsection (10).
In the heading, for “Commission's” substitute “CMA's”.
Section 16B (power of veto following report: supplementary) is amended as follows.
In subsections (2) to (4), (6) and (8), for “Commission” (in each place where it occurs) substitute “ CMA ”.
In the heading, for “Commission's” substitute “CMA's”.
In section 17 (modification by order under other enactments), in subsection (1), for “OFT, the Competition Commission” substitute “ CMA ”.
Section 17K (water supply licences: modification references) is amended as follows.
In subsection (1)—
for the words from “Competition Commission” to “the Commission”)” substitute “ CMA ”, and
for “Commission to” substitute “ CMA to ”.
In subsections (2) to (4), (6), (7) and (9), for “Commission” (in each place where it occurs) substitute “ CMA ”.
After subsection (9) insert—
In the heading, for “Competition Commission” substitute “ CMA ”.
In section 17L (references under section 17K: time limits), in subsections (2) and (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.
Section 17N (water supply licences: reports on modification references) is amended as follows.
In subsection (1), for “Commission” substitute “ CMA ”.
In subsection (2)—
for “Commission” substitute CMA”, and
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 subsections (3) to (7) and (9), for “Commission” (in each place where it occurs) substitute “ CMA ”.
In section 17O (water supply licences: modification following report), in subsections (1) and (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.
Section 17P (water supply licences: power of veto following report) is amended as follows.
In subsections (1) to (8) and (10) and (11), for “Commission” (in each place where it occurs) substitute “ CMA ”.
In the heading, for “Commission's” substitute “CMA's”.
Section 17Q (section 17P: supplementary) is amended as follows.
In subsections (2) to (4), (6) and (8), for “Commission” (in each place where it occurs) substitute “ CMA ”.
In section 17R (water supply licences: modification by order under other enactments), in subsection (1), for “OFT, the Commission” substitute “ CMA ”.
In section 219 (general interpretation), in subsection (1)—
after the definition of “the Authority” insert—“ “the CMA” means the Competition and Markets Authority”, and
omit the definition of “the OFT”.
Railways Act 1993 (c. 43)
The Railways Act 1993 is amended as follows.
Section 13 (modification references) is amended as follows.
In subsection (1)—
for “Competition Commission” substitute “ CMA ”, and
for “the Commission” substitute “ the CMA ”.
In subsection (2)—
for “Competition Commission” substitute “ CMA ”, and
for “the Commission” substitute “ the CMA ”.
In subsection (3), for “Competition Commission” substitute “ CMA ”.
In subsection (5)—
for “Competition Commission” substitute “ CMA ”, and
for “the Commission” substitute “ the CMA ”.
In subsection (6)—
for “Competition Commission” substitute “ CMA ”, and
for “the Commission” (in each place where it occurs) substitute “ the CMA ”.
In subsection (7), for “Competition Commission” substitute “ CMA ”.
After subsection (9) insert—
In the heading, for “Monopolies Commission” substitute “ CMA ”.
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 ”.
In section 13B (application of Enterprise Act 2002), in subsection (4)—
for “Competition Commission” substitute “ CMA ”, and
for the words from “the words” to the end, substitute
Section 14 (reports on modification references) is amended as follows.
In subsection (1), for “Competition Commission” substitute “ CMA ”.
In subsection (1A)—
for “Competition Commission” substitute “ CMA ”, and
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 subsections (1B), (3) to (3C) and (4), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
In section 15 (modification following report), in subsections (1), (4A), (4C) and (4D), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
Section 15A (power to veto modifications following report) is amended as follows.
In subsections (1) to (5), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
In the heading, for “Competition Commission's” substitute “CMA's”.
Section 15B (making of modifications) is amended as follows.
In subsections (1) to (5), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
In the heading, for “Competition Commission” substitute “ CMA ”.
Section 15C (sections 15A and 15B: supplementary) is amended as follows.
In subsections (2) to (2B) and (2D), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
In subsection (2F), for “Commission” (in each place where it occurs) substitute “ CMA ”.
In subsection (2G)—
for “Competition Commission” substitute “ CMA ”, and
for the words from “the words” to the end, substitute
In subsections (3) and (4), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
In section 16 (modification by order under other enactments), in subsection (1), for “OFT, the Competition Commission” substitute “ CMA ”.
Section 74 (annual and other reports) is amended as follows.
In subsection (1)(b), for “Competition Commission's” substitute “CMA's”.
Omit subsection (7).
In section 83 (interpretation of Part 1), in subsection (1)—
before the definition of “cross-border service” insert—“ “the CMA” means the Competition and Markets Authority;”, and
omit the definition of “the OFT”.
Schedule 4A (review of access charges by regulators) is amended as follows.
In the italic cross-heading preceding paragraph 8, for “Competition Commission reference” substitute “ reference to CMA ”.
In paragraph 8, in sub-paragraph (2)(b), for “Competition Commission” substitute “ CMA ”.
In the italic cross-heading preceding paragraph 9, for “Competition Commission” substitute “ CMA ”.
In paragraph 9—
in sub-paragraphs (1), (3) to (5), and (6A) to (9), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”, and
after sub-paragraph (9), insert—
In paragraph 10A, in sub-paragraph (4)—
for “Competition Commission” substitute “ CMA ”, and
for the words from “the words” to the end, substitute
In paragraph 11—
in sub-paragraph (1), for “Competition Commission” substitute “ CMA ”,
in sub-paragraph (4A)—
for “Competition Commission” substitute “ CMA ”, and
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
in sub-paragraphs (4B) to (5C) and (6), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
In paragraph 12, in sub-paragraphs (1), (4B), (5), (8) and (9), for “Competition Commission” substitute “ CMA ”.
In the italic cross-heading preceding paragraph 13, for “Competition Commission's” substitute “CMA's”.
In paragraph 13, in sub-paragraphs (1) to (5), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
In the italic cross-heading preceding paragraph 14, for “Competition Commission” substitute “ CMA ”.
In paragraph 14, in sub-paragraphs (1) to (3) and (5) and (6), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
In paragraph 15—
in sub-paragraphs (2) to (2B) and (2D), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”,
in sub-paragraph (2F), for “Commission” (in each place where it occurs) substitute “ CMA ”,
in sub-paragraph (2G)—
for “Competition Commission” substitute “ CMA ”, and
for the words from “the words” to the end, substitute, and
in sub-paragraphs (3) and (4), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
Utilities Act 2000 (c. 27)
The Utilities Act 2000 is amended as follows.
Section 5 (annual and other reports of Authority) is amended as follows.
In subsection (1)(b), for “Competition Commission” substitute “ Competition and Markets Authority ”.
Omit subsection (9).
Section 104 (specialist members of the Competition Commission) is omitted.
Transport Act 2000 (c. 38)
The Transport Act 2000 is amended as follows.
Section 12 (references) is amended as follows.
In subsection (1)—
for “Competition Commission” substitute “ Competition and Markets Authority (referred to in this Chapter as “the CMA”) ”, and
for “the Commission” substitute “ the CMA ”.
In subsections (2), (3) and (5) to (8), for “Commission” (in each place where it occurs) substitute “ CMA ”.
After subsection (8) insert—
In the heading, for “Competition Commission” substitute “ Competition and Markets Authority ”.
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 ”.
In section 12B (references under section 12: application of Enterprise Act 2002), in subsection (4)—
for “Competition Commission” substitute “ CMA ”, and
for the words from “the words” to the end, substitute
Section 13 (reports on references) is amended as follows.
In subsection (1), for “Competition Commission” substitute “ CMA ”.
In subsection (1A)—
for “Competition Commission” substitute “ CMA ”, and
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 subsections (1B) to (2C), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
In subsection (3), for “Commission” substitute “ CMA ”.
Section 14 (modification following report) is amended as follows.
In subsection (1), for “Competition Commission” substitute “ CMA ”.
In subsection (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.
Section 15 (power to give direction) is amended as follows.
In subsection (1), for “Competition Commission” substitute “ CMA ”.
In subsection (2), for “Commission” substitute “ CMA ”.
In subsection (3)—
for “Commission” substitute “ CMA ”, and
for “Commission's” substitute “CMA's”.
In subsections (4), (9) and (10), for “Commission” (in each place where it occurs) substitute “ CMA ”.
In the heading, for “Commission's” substitute “CMA's”.
Section 16 (position where direction given) is amended as follows.
In subsection (1), for “Competition Commission” substitute “ CMA ”.
In subsection (2)—
for “Commission” substitute “ CMA ”, and
for “Commission's” substitute “CMA's”.
In subsection (3)—
for “Commission” substitute “ CMA ”, and
for “Commission's” substitute “CMA's”.
In subsections (4) to (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.
In the heading, for “Commission” substitute “ CMA ”.
In subsection (1), for “Competition Commission” substitute “ CMA ”.
In subsections (2) and (4) to (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.
In the heading, for “Commission's” substitute “CMA's”.
In subsections (2) to (4) and (6), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
In subsection (8), for “Commission” (in each place where it occurs) substitute “ CMA ”.
In subsection (9)—
for “Competition Commission” substitute “ CMA ”, and
for the words from “the words” to the end, substitute
In section 19 (modification by order under other enactments), in subsection (1), for “Office of Fair Trading, the Competition Commission” substitute “ CMA ”.
Schedule 10 (competition test: functions and agreements relating to buses) is amended as follows.
In the italic cross-heading preceding paragraph 5, for “OFT” substitute “ CMA ”.
In paragraph 5—
for “Office of Fair Trading” substitute “ Competition and Markets Authority ”, and
for “OFT”” substitute “ CMA ””.
In paragraphs 6, 7, 9, 10 and 12 to 14, for “OFT” (in each place where it occurs) substitute “ CMA ”.
In paragraph 14A, in sub-paragraphs (2) to (6), for “OFT” (in each place where it occurs) substitute “ CMA ”.
In paragraphs 15 and 16, for “OFT” (in each place where it occurs) substitute “ CMA ”.
Communications Act 2003 (c. 21)
The Communications Act 2003 is amended as follows.
Section 193 (reference of price control matters) is amended as follows.
In subsection (1), for “Competition Commission” substitute “ CMA ”.
In subsection (2)—
for “Competition Commission” substitute “ CMA ”,
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 ”,
in paragraph (b), for “them” substitute “ the CMA ”, and
in paragraph (c), for “Commission” substitute “ CMA ”.
In subsection (3)—
for “Competition Commission” substitute “ CMA ”, and
for “that Commission” substitute “ the CMA ”.
In subsection (4), for “Competition Commission” substitute “ CMA ”.
In subsection (6)—
for “Competition Commission” substitute “ CMA ”, and
for “that Commission” substitute “ the CMA ”.
In subsections (7) and (8), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
In the heading, for “Competition Commission” substitute “ CMA ”.
Section 194 (composition of Competition Commission for price control references) is omitted.
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)
The Energy Act 2004 is amended as follows.
Section 173 (appeals) is amended as follows.
In subsection (1)—
omit “shall lie to the Competition Commission”, and
after “applies” insert “ shall lie to the Competition and Markets Authority (in this Chapter referred to as “the CMA”) ”.
In subsections (4) and (5), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
In the heading, for “Competition Commission” substitute “ CMA ”.
Section 174 (procedure on appeals) is amended as follows.
Omit subsection (1).
In subsection (2), omit “Instead,”.
After subsection (2) insert—
Section 175 (determination of appeals) is amended as follows.
In subsections (2) to (6), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
In subsection (9)—
for “Competition Commission” substitute “ CMA ”, and
for “the Commission” (in each place where it occurs) substitute “ the CMA ”.
In subsection (10), for “Competition Commission” substitute “ CMA ”.
Section 176 is omitted.
Section 177 is omitted.
Schedule 22 (procedure for appeals under section 173) is amended as follows.
In paragraph 1—
in sub-paragraph (1), for “Commission” substitute “ CMA ”,
in sub-paragraph (8), for “Commission's” substitute “CMA's”,
in sub-paragraph (9)—
for “Commission's” substitute “CMA's”, and
for “Commission” substitute “ CMA ”, and
in sub-paragraph (12), for “the Commission must” substitute “ an authorised member of the CMA must ”.
In paragraph 2, in sub-paragraphs (1), (2), (5) and (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.
In paragraph 3, in sub-paragraphs (1) and (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.
In paragraph 4, in sub-paragraph (1), for “Commission” substitute “ CMA ”.
In paragraph 5—
omit sub-paragraph (1),
in sub-paragraph (2)—
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
for “Commission” substitute “ CMA panel ”,
omit sub-paragraphs (3) to (7), and
in sub-paragraph (8), for “a group” substitute “ the group ”.
In paragraph 6—
in sub-paragraph (1), for the words from the beginning to “that appeal” substitute “ The CMA must determine an appeal ”,
in sub-paragraph (2)—
for “group with the function of determining an appeal” substitute “ CMA ”, and
after “requirements” insert “ in respect of an appeal ”, and
in sub-paragraph (3), for “Commission” substitute “ CMA ”.
In paragraph 7—
for “The group with the function of determining an appeal” substitute “ The CMA ”, and
for “determination of the appeal” substitute “ determination of an appeal ”.
In paragraph 8—
in sub-paragraph (1), for “Commission” (in each place where it occurs) substitute “ CMA ”,
in sub-paragraph (4)—
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
omit “to it”, and
in sub-paragraph (5), for the words from “Commission's” to the end, substitute “ CMA's behalf by an authorised member of the CMA ”.
In paragraph 9—
in sub-paragraph (2), for “Commission” substitute “ CMA ”,
in sub-paragraph (5)(a), for “the Commission is not required” substitute “ there is no requirement ”,
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
in sub-paragraph (8), for the words from “Commission's” to the end, substitute “ CMA's behalf by an authorised member of the CMA ”.
In paragraph 10—
in sub-paragraph (1), for “Commission” substitute “ CMA ”, and
in sub-paragraph (4), for the words from “Commission's” to the end, substitute “ CMA's behalf by an authorised member of the CMA ”
In paragraph 11, in sub-paragraph (1), for “a member of the Commission” substitute “ an authorised member of the CMA ”.
In paragraph 12, in sub-paragraphs (1), (3) and (4), for “Commission” (in each place where it occurs) substitute “ CMA Board ”.
In paragraph 13, in sub-paragraph (1), for “Commission” (in each place where it occurs) substitute “ CMA ”.
In paragraph 15, in sub-paragraph (1)—
for the definition of “authorised member of the Commission” substitute—,
omit the definition of “the Chairman”,
for the definition of “the Commission” substitute—, and
omit the definition of “a group”.
Legal Services Act 2007 (c. 29)
The Legal Services Act 2007 is amended as follows.
Section 57 (reports) is amended as follows.
In subsection (1), for “OFT” (in each place where it occurs) substitute “ CMA ”.
In subsection (2), for “OFT's” substitute “CMA's”.
In subsections (3) to (6), for “OFT” (in each place where it occurs) substitute “ CMA ”.
In the heading, for “OFT” substitute “ CMA ”.
Section 58 (Board's response to report) is amended as follows.
In subsection (1), for “OFT” substitute “ CMA ”.
In subsections (2) and (3), for “OFT's” (in each place where it occurs) substitute “CMA's”.
In subsection (4), for “OFT” substitute “ CMA ”.
In the heading, for “OFT” substitute “ CMA ”.
Section 59 (referral of report by Lord Chancellor) is amended as follows.
In subsections (1) to (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.
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 ”.
After subsection (4), insert—
In the heading, omit “to the Competition Commission”.
Section 60 (duties of the Competition Commission) is amended as follows.
In subsection (1), for the words from “seeks” to “the Commission” substitute “ makes a reference under section 59, the CMA ”.
In subsection (2), for “The Commission must then make its own report” substitute “ The CMA must then make a report ”.
In subsection (3), for “Commission” substitute “ CMA ”.
In subsection (4)—
for “Commission” substitute “ CMA ”, and
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 ”.
In subsection (5), for “Commission's” substitute “CMA's”.
In subsection (6)—
for “Commission's” substitute “CMA's, and
for “Commission” (in each place where it occurs) substitute “ CMA ”.
In subsection (7), for “Commission” substitute “ CMA ”.
In subsection (8)—
for “Commission's” substitute “CMA's, and
for “Commission” substitute “ CMA ”.
In subsection (9)—
in the words before paragraph (a), for “to the Commission” substitute “ to the CMA ”, and
in paragraph (b), for “Commission” substitute “ CMA ”.
In subsection (10)—
for “Commission” substitute “ CMA ”, and
for “OFT's report” substitute “ report made by the CMA under section 57 ”.
In the heading, for “Competition Commission” substitute “ CMA ”.
Section 61 (Lord Chancellor's power to give directions) is amended as follows.
In subsection (1), for “OFT” substitute “ CMA ”.
In subsection (2), for “Competition Commission” substitute “ CMA ”.
In section 66 (Board's power to recommend orders), in subsection (3)(b), for “OFT” substitute “ CMA ”.
In section 67 (effect of Board's designation as approved regulator), in subsection (3), for “OFT” substitute “ CMA ”.
In section 207 (interpretation), in subsection (1)—
after the definition of “barrister” insert—, and
omit the definition of “the OFT”.
Schedule 4 (approved regulators) is amended as follows.
In paragraph 5, in sub-paragraph (2)(a), for “OFT” substitute “ CMA ”.
In the italic cross-heading preceding paragraph 6, for “Office of Fair Trading” substitute “ Competition and Markets Authority ”.
In paragraph 6, in sub-paragraphs (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
In paragraph 15, in sub-paragraph (5)(a), for “OFT” substitute “ CMA ”.
Schedule 6 (alteration of reserved legal activities) is amended as follows.
In paragraph 3, in sub-paragraph (1)(b), for “OFT” substitute “ CMA ”.
In paragraph 5, in sub-paragraphs (1) to (4), for “OFT” (in each place where it occurs) substitute “ CMA ”.
In paragraph 8, in sub-paragraph (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.
In paragraph 9, in sub-paragraph (2)(b), for “OFT” substitute “ CMA ”.
In paragraph 11, in sub-paragraph (4)(a), for “OFT” substitute “ CMA ”.
In paragraph 17, in sub-paragraph (4)(a), for “OFT” substitute “ CMA ”.
Schedule 7 (directions: procedure) is amended as follows.
In paragraph 3, in sub-paragraph (2)(b), for “OFT” substitute “ CMA ”.
In the italic cross-heading preceding paragraph 5, for “Office of Fair Trading” substitute “ Competition and Markets Authority ”.
In paragraph 5, in sub-paragraphs (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
Schedule 8 (intervention directions: procedure) is amended as follows.
In paragraph 3, in sub-paragraph (2)(b), for “OFT” substitute “ CMA ”.
In the italic cross-heading preceding paragraph 5, for “Office of Fair Trading” substitute “ Competition and Markets Authority ”.
In paragraph 5, in sub-paragraphs (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
In paragraph 14, in sub-paragraph (3)(b), for “OFT” substitute “ CMA ”.
In the italic cross-heading preceding paragraph 16, for “Office of Fair Trading” substitute “ Competition and Markets Authority ”.
In paragraph 16, in sub-paragraphs (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
Schedule 9 (cancellation of designation as approved regulator) is amended as follows.
In paragraph 3, in sub-paragraph (2)(a), for “OFT” substitute “ CMA ”.
In the italic cross-heading preceding paragraph 4, for “Office of Fair Trading” substitute “ Competition and Markets Authority ”.
In paragraph 4, in sub-paragraphs (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
Schedule 10 (designation of approved regulators as licensing authorities) is amended as follows.
In paragraph 3, in sub-paragraph (2)(a), for “OFT” substitute “ CMA ”.
In the italic cross-heading preceding paragraph 4, for “Office of Fair Trading” substitute “ Competition and Markets Authority ”.
In paragraph 4, in sub-paragraphs (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
In paragraph 13, in sub-paragraph (5)(a), for “OFT” substitute “ CMA ”.
In paragraph 19, in sub-paragraph (2)(a), for “OFT” substitute “ CMA ”.
In the italic cross-heading preceding paragraph 20, for “Office of Fair Trading” substitute “ Competition and Markets Authority ”.
In paragraph 20, in sub-paragraphs (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
In Schedule 24 (index of defined expressions)—
at the appropriate place insert—, and
omit the reference to the OFT.
Postal Services Act 2011 (c. 5)
The Postal Services Act 2011 is amended as follows.
Section 59 (price control decisions) is amended as follows.
In subsection (3), for “Competition Commission (“the Commission”)” substitute “ Competition and Markets Authority (“the CMA”) ”.
In subsections (5) to (12), for “Commission” (in each place where it occurs) substitute “ CMA ”.
After subsection (12) insert—.
Health and Social Care Act 2012 (c. 7)
The Health and Social Care Act 2012 is amended as follows.
Section 101 (licence condition modification references) is amended as follows.
In subsection (2)—
for “Competition Commission” substitute “ CMA ”, and
for “the Commission” substitute “ the CMA ”.
In subsection (4)—
for “Competition Commission” substitute “ CMA ”, and
for “the Commission” substitute “ the CMA ”.
After subsection (4) insert—
In subsections (5) and (6), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
In the heading, for “Competition Commission” substitute “ CMA ”.
In section 102 (modification of conditions by order under other enactments), in subsection (1), for “Office of Fair Trading, Competition Commission” substitute “ CMA ”.
In section 103 (standard condition as to transparency of certain criteria), in subsection (3)—
in paragraph (b), for “Competition Commission” substitute “ CMA ”, and
in paragraph (c), for “Office of Fair Trading, Competition Commission” substitute “ CMA ”.
Section 120 (responses to consultation on proposals for national tariff) is amended as follows.
In subsections (1) and (4), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
In subsection (5), omit the words from the beginning to “instead,”.
After subsection (5), insert—
Section 121 (determination on reference under section 120) is amended as follows.
In subsections (1) to (3), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
In subsections (4) to (6) and (8) to (10), for “Commission” (in each place where it occurs) substitute “ CMA ”.
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 ”.
Section 123 (power to veto changes proposed under section 122) is amended as follows.
In subsection (1), for “Competition Commission” substitute “ CMA ”.
In subsection (3), for “Commission” substitute “ CMA ”.
In subsection (4), for “Competition Commission” substitute “ CMA ”.
In subsections (5) to (7), for “Commission” (in each place where it occurs) substitute “ CMA ”.
Section 142 (responses to consultation on proposal to impose a levy) is amended as follows.
In subsections (1) and (4), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
After subsection (4) insert—
In subsections (5) and (7), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
Section 149 (electronic communications) is amended as follows.
In subsection (2)—
for “Competition Commission” substitute “ CMA ”, and
for “the Commission” substitute “ the CMA ”.
In subsections (3) and (4), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
In section 150 (interpretation etc. of Part 3), in subsection (1), after the definition of “anti-competitive behaviour” insert—.
In the heading, for “Competition Commission” substitute “ CMA ”.
In paragraph 1—
in sub-paragraph (1), for “Competition Commission” substitute “ CMA ”, and
in sub-paragraph (2), for “the Commission” substitute “ the CMA ”.
In paragraph 2, for “Competition Commission” substitute “ CMA ”.
In paragraph 4—
in sub-paragraph (1)—
for “Competition Commission” substitute “ CMA ”, and
for “the Commission” (in each place where it occurs) substitute “ the CMA ”, and
in sub-paragraph (2), for “Commission” substitute “ CMA ”.
In paragraph 5—
in sub-paragraph (1), for “Competition Commission” substitute “ CMA ”,
in sub-paragraph (3), for “Commission” substitute “ CMA ”, and
in sub-paragraph (4), for “Competition Commission” substitute “ CMA ”.
In paragraph 6—
in sub-paragraph (1), for “Competition Commission” substitute “ CMA ”,
in sub-paragraph (2)—
for “Commission” substitute “ CMA ”, and
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
in sub-paragraph (4), for “Commission” substitute “ CMA ”.
In paragraph 7, in sub-paragraphs (1) and (8), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
In the italic cross-heading preceding paragraph 8, for “Competition Commission's” substitute “CMA's”.
In paragraph 8—
in sub-paragraph (1), for “Competition Commission” substitute “ CMA ”, and
in sub-paragraphs (3) to (5), (7), (8) and (10) to (12), for “Commission” (in each place where it occurs) substitute “ CMA ”.
In paragraph 9—
in sub-paragraph (1), for “Competition Commission” substitute “ CMA ”, and
in sub-paragraphs (2) and (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.
In paragraph 10, in sub-paragraph (2), for “Competition Commission” substitute “ CMA ”.
Schedule 12 (procedure on references under section 120) is amended as follows.
In paragraph 2, in sub-paragraph (1), for “Competition Commission” substitute “ CMA ”.
In the italic cross-heading preceding paragraph 3, for “Commission” substitute “ CMA ”.
In paragraph 3—
omit sub-paragraph (1),
in sub-paragraph (2)—
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
for “Commission” substitute “ CMA panel ”,
omit sub-paragraphs (3) to (6), and
in sub-paragraph (7), for “a group” substitute “ the group ”.
In paragraph 4—
in sub-paragraph (1), for the words from the beginning to “the determination” substitute “ The CMA must make its determination on a reference ”,
in sub-paragraph (2), for “that group” substitute “ the CMA ”, and
in sub-paragraph (3), for “Competition Commission” substitute “ CMA ”.
In paragraph 5, in sub-paragraph (1)—
for “group with the function of determining a reference” substitute “ CMA ”, and
for “of the appeal” substitute “ on a reference ”.
In paragraph 6, in sub-paragraphs (1) and (3), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
In paragraph 7—
in sub-paragraph (1), for “a group with the function of making a determination on a reference under section 120” substitute “ the CMA ”,
in sub-paragraph (2), for “A group with that function” substitute “ The CMA ”,
in sub-paragraph (3), for “Competition Commission” substitute “ CMA ”,
in sub-paragraph (4)—
for “Competition Commission” substitute “ CMA ”, and
in paragraph (b), after “evidence” insert “ to it ” and omit “to a group with that function”,
in sub-paragraph (5), for “group conducting the hearing” substitute “ CMA ”,
in sub-paragraph (8)—
in paragraph (a), for “Competition Commission” substitute “ CMA ”, and
in paragraph (b), for “group conducting the hearing” substitute “ CMA ”, and
in sub-paragraph (9), for “Competition Commission” substitute “ CMA ”.
In paragraph 8, in sub-paragraph (1)—
for “Commission” substitute “ CMA ”, and
for “a group with the function of making a determination on a reference under section 120” substitute “ the CMA ”.
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 ”.
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 ”.
In paragraph 11—
in sub-paragraph (1), for “Competition Commission” substitute “ CMA Board ”, and
in sub-paragraphs (4) and (5), for “Commission” substitute “ CMA Board ”.
In paragraph 12—
for sub-paragraph (1) substitute—, and
in sub-paragraph (5)—
for “The group that makes a determination on a reference under section 120” substitute “ The CMA ”, and
for “the determination” substitute “ a determination on a reference under section 120 ”.
Civil Aviation Act 2012 (c. 19)
The Civil Aviation Act 2012 is amended as follows.
Section 24 (appeals: conditions of new licences) is amended as follows.
In subsections (1), (3) and (5), for “Competition Commission” (in each place where it occurs) substitute “ Competition and Markets Authority ”.
In the heading, for “Competition Commission” substitute “ Competition and Markets Authority ”.
Section 25 (appeals: modification of licence conditions) is amended as follows.
In subsections (1), (3), (5) and (7), for “Competition Commission” (in each place where it occurs) substitute “ Competition and Markets Authority ”.
In the heading, for “Competition Commission” substitute “ Competition and Markets Authority ”.
In section 26 (when appeals may be allowed), for “Competition Commission” substitute “ Competition and Markets Authority ”.
Section 27 (determination of appeal) is amended as follows.
In subsection (1) for “Competition Commission” substitute “ Competition and Markets Authority ”.
In subsection (2)—
for “Competition Commission” substitute “ Competition and Markets Authority ”, and
for “the Commission” substitute “ the Competition and Markets Authority ”.
In subsection (4)—
for “Competition Commission” substitute “ Competition and Markets Authority ”, and
for “the Commission” substitute “ the Competition and Markets Authority ”.
In subsection (5), for “Competition Commission” substitute “ Competition and Markets Authority ”.
Section 28 (determination of appeal: time limits) is amended as follows.
In subsections (1), (3) and (4), for “Competition Commission” (in each place where it occurs) substitute “ Competition and Markets Authority ”.
In subsection (5)—
for “Competition Commission” substitute “ Competition and Markets Authority ”, and
for “the Commission” substitute “ the Competition and Markets Authority ”.
In subsections (6) to (8), for “Competition Commission” (in each place where it occurs) substitute “ Competition and Markets Authority ”.
Section 29 (determination of appeal: publication etc) is amended as follows.
In subsection (1)—
for “Competition Commission” substitute “ Competition and Markets Authority ”, and
for “the Commission” substitute “ the Competition and Markets Authority ”.
In subsections (3) and (4), for “Competition Commission” (in each place where it occurs) substitute “ Competition and Markets Authority ”.
In subsection (5)—
for “Competition Commission” substitute “ Competition and Markets Authority ” and
for “Commission's opinion” (in each place where those words occur) substitute “ opinion of the Competition and Markets Authority ”.
Section 30 (procedure on appeals) is amended as follows.
In subsection (2), for “Competition Commission” substitute “ Competition and Markets Authority ”.
For subsection (4) substitute—
In paragraph 2—
in sub-paragraph (1)—
for “Competition Commission's decision” substitute “ decision of the Competition and Markets Authority ”, and
for “the Commission” substitute “ the Competition and Markets Authority ”,
in sub-paragraphs (5) and (6), for “Competition Commission” (in each place where it occurs) substitute “ Competition and Markets Authority ”,
in sub-paragraph (7), for “The Competition Commission” substitute “ An authorised member of the Competition and Markets Authority ”, and
in sub-paragraph (8), in paragraph (d), for “Commission” substitute “ authorised member ”.
In paragraph 3, in sub-paragraph (1), for “Competition Commission” substitute “ Competition and Markets Authority ”.
In paragraph 4—
in sub-paragraph (1), for “Competition Commission” substitute “ Competition and Markets Authority ”,
in sub-paragraph (2), for “on which the Competition Commission publishes its” substitute “of publication of the Competition and Markets Authority's”, and
in sub-paragraph (3), for “Competition Commission” substitute “ Competition and Markets Authority ”.
In paragraph 5—
in sub-paragraph (1)—
for “Competition Commission's decision” substitute “ decision of the Competition and Markets Authority ”, and
for “the Commission” substitute “ the Competition and Markets Authority ”,
in sub-paragraph (2), for “Competition Commission” substitute “ Competition and Markets Authority ”,
in sub-paragraph (4), for “The Competition Commission must” substitute “ An authorised member of the Competition and Markets Authority must ”, and
in sub-paragraph (5), in paragraph (d), for “Commission” substitute “ authorised member ”.
In paragraph 6, in sub-paragraph (3), for “Competition Commission” substitute “ Competition and Markets Authority ”.
In paragraph 7, in sub-paragraph (3), for “Competition Commission” substitute “ Competition and Markets Authority ”.
In paragraph 8, in sub-paragraph (3), for “Competition Commission” substitute “ Competition and Markets Authority ”.
In paragraph 9, in sub-paragraph (1), for “Competition Commission” substitute “ Competition and Markets Authority ”.
In paragraph 10, in sub-paragraph (3), for “Competition Commission's decision” substitute “ decision of the Competition and Markets Authority ”.
In paragraph 11—
in sub-paragraph (1)—
for “Competition Commission's functions” substitute “ functions of the Competition and Markets Authority ”, and
for “the Commission” substitute “ the Competition and Markets Authority ”,
in sub-paragraph (2), for “Competition Commission” substitute “ Competition and Markets Authority ”, and
in sub-paragraph (4)—
for “The Competition Commission” substitute “ An authorised member of the Competition and Markets Authority ”, and
for first “it” substitute “ he or she ”.
In paragraph 12, in sub-paragraph (1), for “Competition Commission” substitute “ Competition and Markets Authority ”.
In paragraph 13, in sub-paragraph (3), for “Competition Commission's decision” substitute “ decision of the Competition and Markets Authority ”.
In paragraph 14—
in sub-paragraph (1)—
for “Competition Commission's functions” substitute “ functions of the Competition and Markets Authority ”, and
for “the Commission” substitute “ the Competition and Markets Authority ”,
in sub-paragraph (2), for “Competition Commission” substitute “ Competition and Markets Authority ”, and
in sub-paragraph (4)—
for “The Competition Commission” substitute “ An authorised member of the Competition and Markets Authority ”, and
for first “it” substitute “ he or she ”.
In paragraph 15—
in sub-paragraph (1), for “The Competition Commission must” substitute “ An authorised member of the Competition and Markets Authority must ”,
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 ”,
in sub-paragraph (3), for “The Competition Commission must” substitute “ An authorised member of the Competition and Markets Authority must ”, and
in sub-paragraph (4), in paragraph (d), for “Commission” substitute “ authorised member ”.
In paragraph 16—
in sub-paragraph (1), for “Competition Commission” substitute “ Competition and Markets Authority ”, and
in sub-paragraph (4), in paragraph (a), for “the Competition Commission” substitute “ an authorised member of the Competition and Markets Authority ”.
In paragraph 17—
omit sub-paragraph (1),
in sub-paragraph (2)—
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
for “Competition Commission” substitute “ CMA panel ”, and
omit sub-paragraphs (3) and (4).
Omit paragraph 18.
In paragraph 19, in sub-paragraph (1), for “Competition Commission” substitute “ Competition and Markets Authority ”.
In paragraph 20—
in sub-paragraph (1)—
for “A group with the function of determining an appeal” substitute “ The Competition and Markets Authority ”,
for “the appeal” substitute “ an appeal ”, and
for “Competition Commission” substitute “ Competition and Markets Authority ”,
in sub-paragraph (3)—
for “A group with the function of determining an appeal” substitute “ The Competition and Markets Authority ”, and
for “the appeal” substitute “ an appeal ”, and
in sub-paragraph (4)—
for “A group with the function of determining an appeal” substitute “ The Competition and Markets Authority ”, and
for “the appeal” substitute “ an appeal ”.
In paragraph 21, in sub-paragraph (1), for “Competition Commission” substitute “ Competition and Markets Authority ”.
In paragraph 22—
in sub-paragraphs (1) and (2), for “Competition Commission” (in each place where it occurs) substitute “ Competition and Markets Authority ”,
in sub-paragraph (3), for “Competition Commission's decision” substitute “ decision of the Competition and Markets Authority ”,
in sub-paragraph (4)—
for “Competition Commission's decision” substitute “ decision of the Competition and Markets Authority ”, and
for “the Commission” substitute “ the Competition and Markets Authority ”,
in sub-paragraphs (5) and (6), for “Competition Commission” (in each place where it occurs) substitute “ Competition and Markets Authority ”,
in sub-paragraph (7)—
for “Competition Commission's decision” substitute “ decision of the Competition and Markets Authority ”, and
for “Commission” (in each place where it occurs) substitute “ Competition and Markets Authority ”, and
in sub-paragraph (9)—
for “Competition Commission's decision” substitute “ decision of the Competition and Markets Authority ”, and
for “Commission” (in each place where it occurs) substitute “ Competition and Markets Authority ”.
In paragraph 23, in sub-paragraph (1), for “Competition Commission” substitute “ Competition and Markets Authority ”.
In paragraph 24—
in sub-paragraph (1)—
for “Competition Commission” substitute “ Competition and Markets Authority ”, and
for “the Commission” substitute “ the Competition and Markets Authority ”, and
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 ”.
In paragraph 25—
in sub-paragraph (1), for “Competition Commission” (in each place where it occurs) substitute “ Competition and Markets Authority ”,
in sub-paragraph (3), for “The Competition Commission” substitute “ An authorised member of the Competition and Markets Authority ”,
in sub-paragraph (7), in paragraph (a), for “the Competition Commission is not required” substitute “ there is no requirement ”,
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
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 ”.
In paragraph 26—
in sub-paragraph (1), for “Competition Commission” (in each place where it occurs) substitute “ Competition and Markets Authority ”, and
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 ”.
In paragraph 27, for “Competition Commission” substitute “ Competition and Markets Authority ”.
In paragraph 28, in sub-paragraph (2), for “A member of the Competition Commission” substitute “ An authorised member of the Competition and Markets Authority ”.
In paragraph 30—
in sub-paragraphs (1) to (4), for “the Competition Commission” (in each place where it occurs) substitute “ the Competition and Markets Authority ”,
after sub-paragraph (4), insert—, and
in sub-paragraph (6), for “Competition Commission” substitute “ Competition and Markets Authority ”.
In paragraph 31, in sub-paragraphs (1), (5) and (6), for “Competition Commission” (in each place where it occurs) substitute “ CMA Board ”.
In paragraph 32—
in sub-paragraph (1)—
for “Competition Commission” substitute “ Competition and Markets Authority ”, and
for “the Commission” substitute “ the Competition and Markets Authority ”,
in sub-paragraph (2)—
for “Competition Commission” substitute “ Competition and Markets Authority ”, and
for “the Commission” substitute “ the Competition and Markets Authority ”, and
in sub-paragraphs (3) and (4), for “Competition Commission” (in each place where it occurs) substitute “ group ”.
In paragraph 34—
for “Competition Commission” substitute “ Competition and Markets Authority or a member of the Competition and Markets Authority ”, and
“it must publish or send it” substitute “it must be published or sent”.
In paragraph 35, in sub-paragraph (1)—
for the definition of “authorised member of the Competition Commission” substitute—,
omit the definition of “Chairman”,
omit the definition of “a group”, and
before the definition of “intervener” insert—.
Amendments to other enactments
Electricity (Northern Ireland) Order 1992 (SI 1992/231 (N.I. 1))
The Electricity (Northern Ireland) Order 1992 is amended as follows.
In article 2 (interpretation), in paragraph (2), before the definition of “the Department” insert—“ “the CMA” means the Competition and Markets Authority;”.
Article 15 (modification references) is amended as follows.
In paragraph (1)—
for “Competition Commission” substitute “ CMA ”, and
for “the Commission” substitute “ the CMA ”.
In paragraph (2)—
for “Competition Commission” substitute “ CMA ”, and
for “the Commission” substitute “ the CMA ”.
In paragraph (3), for “Competition Commission” substitute “ CMA ”.
In paragraph (5)—
for “Competition Commission” substitute “ CMA ”, and
for “the Commission” substitute “ the CMA ”.
In paragraph (6)—
for “Competition Commission” substitute “ CMA ”, and
for “the Commission” (in each place where it occurs) substitute “ the CMA ”.
In paragraph (7), for “Competition Commission” substitute “ CMA ”.
After paragraph (7) insert—
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 ”.
In paragraph (9A), for “selecting” substitute “ constituting ”.
In the heading, for “Monopolies Commission” substitute “ CMA ”.
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 ”.
Article 16 (reports on modification references) is amended as follows.
In paragraph (1), for “Competition Commission” substitute “ CMA ”.
In paragraph (1A)—
for “Competition Commission” substitute “ CMA ”, and
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 paragraphs (1B), (3) to (3C) and (4), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
In article 17 (modification following report), in paragraphs (1) and (5), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
Article 17A (power to veto modifications following report) is amended as follows.
In paragraph (1), for the words from the beginning to “Commission”)” substitute “ The CMA ”.
In paragraphs (2) to (8), (10) to (12), (14) and (16), for “Commission” (in each place where it occurs) substitute “ CMA ”.
In the heading, for “Competition Commission's” substitute “CMA's”.
In article 18 (modification by order under other statutory provisions), in paragraph (1), for “Office of Fair Trading, the Competition Commission” substitute “ CMA ”.
Article 53 (annual and other reports) is amended as follows.
In paragraph (1)(a)(ii), for “Competition Commission” substitute “CMA's”.
Omit paragraph (6).
Gas (Northern Ireland) Order 1996 (SI 1996/275 (N.I.2))
The Gas (Northern Ireland) Order 1996 is amended as follows.
In article 2 (interpretation), in paragraph (2), before the definition of “construction” insert—.
Article 15 (modification references) is amended as follows.
In paragraph (1)—
for “Competition Commission” substitute “ CMA ”, and
for “the Commission” substitute “ the CMA ”.
In paragraph (2)—
for “Competition Commission” substitute “ CMA ”, and
for “the Commission” substitute “ the CMA ”.
In paragraph (3)—
for “Competition Commission” substitute “ CMA ”, and
for “the Commission” substitute “ the CMA ”.
In paragraph (4), for “Competition Commission” substitute “ CMA ”.
In paragraph (6)—
for “Competition Commission” substitute “ CMA ”, and
for “the Commission” substitute “ the CMA ”.
In paragraph (7)—
for “Competition Commission” substitute “ CMA ”, and
for “the Commission” (in each place where it occurs) substitute “ the CMA ”.
In paragraph (8), for “Competition Commission” substitute “ CMA ”.
After paragraph (8) insert—
In the heading, for “Monopolies Commission” substitute “ Competition and Markets Authority ”.
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 ”.
Article 16 (reports on modification references) is amended as follows.
In paragraph (1), for “Competition Commission” substitute “ CMA ”.
In paragraph (1A)—
for “Competition Commission” substitute “ CMA ”, and
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 paragraphs (1B), (3) to (3C) and (4), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
In article 17 (modification following report), in paragraphs (1) and (5A), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
Article 17A (power to veto modifications following report) is amended as follows.
In paragraph (1), for the words from the beginning to “Commission”)” substitute “ The CMA ”.
In paragraphs (2) to (10), (13) to (15), (17) and (19), for “Commission” (in each place where it occurs) substitute “ CMA ”.
In the heading, for “Competition Commission's” substitute “CMA's”.
In article 18 (modification by order under other statutory provisions), in paragraph (1), for “Office of Fair Trading, the Competition Commission” substitute “ CMA ”.
Article 32 (annual and other reports) is amended as follows.
In paragraph (1)(a)(ii), for “Monopolies Commission's” substitute “CMA's”.
Omit paragraph (6).
Energy (Northern Ireland) Order 2003 (SI 2003/419 (N.I. 6))
The Energy (Northern Ireland) Order 2003 is amended as follows.
Article 6 (annual and other reports of the Authority) is amended as follows.
In paragraph (1)(b), for “Competition Commission” substitute “ Competition and Markets Authority ”.
Omit paragraph (10).
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 ”.
Schedule 2 (orders altering licensable activities) is amended as follows.
In paragraph 1, after sub-paragraph (3), insert—
In paragraph 2—
in sub-paragraph (4), for “Competition Commission” substitute “ CMA ”, and
in sub-paragraphs (5) and (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.
In the italic cross-heading preceding paragraph 3, for “Competition Commission” substitute “ CMA ”.
In paragraph 3—
in sub-paragraph (1)—
for “Competition Commission” substitute “ CMA ”, and
for “the Commission” substitute “ the CMA ”,
in sub-paragraphs (2), (3), (5) and (6), for “Commission” (in each place where it occurs) substitute “ CMA ”, and
after sub-paragraph (6), insert—
In paragraph 4—
in sub-paragraph (2), for “Competition Commission” substitute “ CMA ”, and
in sub-paragraph (3), for “Commission” substitute “ CMA ”.
In paragraph 5, in sub-paragraph (4)—
for “Competition Commission” substitute “ CMA ”, and
for the words from “the words” to the end, substitute “ for the words “, OFCOM or the Secretary of State” there were substituted “or OFCOM” ”.
In paragraph 6—
in sub-paragraph (1), for “Competition Commission” substitute “ CMA ”,
in sub-paragraphs (2) and (3), for “Commission” (in each place where it occurs) substitute “ CMA ”,
in sub-paragraph (4)—
for “Commission” substitute “ CMA ”, and
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
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)
The Water Services etc (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 is amended as follows.
In article 2 (interpretation), in paragraph (1), for the definition of “the Commission” substitute—.
Article 3 (references) is amended as follows.
In paragraphs (1), (5) to (9), and (11) and (12), for “Commission” substitute “ CMA ”.
After paragraph (12) insert—
In the heading, for “Commission” substitute “ CMA ”.
In article 4 (references: time limits), in paragraphs (2) and (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.
In article 5 (references: powers of investigation), in paragraph (4)(a), for paragraph (i) substitute—.
Article 6 (consultation on proposals) is amended as follows.
In paragraphs (1) to (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.
In the heading, for “Commission” substitute “ CMA ”.
Article 7 (reports on references) is amended as follows.
In paragraphs (1) to (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.
In paragraph (6)—
for “Commission” substitute “ CMA ”, and
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 ”.
In paragraphs (7) and (8), for “Commission” (in each place where it occurs) substitute “ CMA ”.
In paragraph (10), for “Commission's” substitute “CMA's”.
In paragraph (12), for “Commission” substitute “ CMA ”.
Article 8 (modifications following report) is amended as follows.
In paragraph (1), for “Commission” substitute “ CMA ”.
In paragraph (2)—
for “Commission” substitute “ CMA ”, and
for “Commission's” substitute “CMA's”.
In paragraph (3), for “Commission's” substitute “CMA's”.
In paragraph (6), for “Commission” substitute “ CMA ”.
Article 9 (power of veto following report) is amended as follows.
In paragraphs (1) to (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.
In paragraph (4)—
for “Commission” (in each place where it occurs) substitute “ CMA ”, and
for “Commission's” (in each place where it occurs) substitute “CMA's”.
In paragraphs (5) to (8), for “Commission” (in each place where it occurs) substitute “ CMA ”.
In the heading, for “Commission's” substitute “CMA's”.
Article 10 (article 9: supplementary) is amended as follows.
In paragraphs (2), (3) and (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.
In paragraph (6)(a), for paragraph (i) substitute—.
Water and Sewerage Services (Northern Ireland) Order 2006 (SI 2006/3336 N.I. 21))
The Water and Sewerage Services (Northern Ireland) Order 2006 is amended as follows.
In article 2 (interpretation), in paragraph (2)—
after the definition of “the Authority”, insert—“ “the CMA” means the Competition and Markets Authority;”, and
omit the definition of “the OFT”.
Article 19 (determinations under conditions of appointment) is amended as follows.
In paragraph (2)—
for “Competition Commission” substitute “ CMA ”, and
for “the Commission” substitute “ the CMA ”.
In paragraph (3)—
for “Competition Commission” substitute “ CMA ”, and
for “that Commission” (in each place where it occurs) substitute “ the CMA ”.
In paragraph (4)—
for “Competition Commission” substitute “ CMA ”, and
for “the Commission” (in each place where it occurs) substitute “ the CMA ”.
In paragraph (5), for “Competition Commission” substitute “ CMA ”.
In paragraph (6)—
for “Competition Commission” substitute “ CMA ”, and
for “the Commission” substitute “ the CMA ”.
After paragraph (6) insert—
Article 21 (modification references) is amended as follows.
In paragraph (1)—
for “Competition Commission” substitute “ CMA ”, and
for “the Commission” substitute “ the CMA ”.
In paragraph (2)—
for “Competition Commission” substitute “ CMA ”, and
for “the Commission” substitute “ the CMA ”.
In paragraph (3), for “Competition Commission” substitute “ CMA ”.
In paragraph (5)—
for “Competition Commission” substitute “ CMA ”, and
for “the Commission” (in each place where it occurs) substitute “ the CMA ”.
In paragraph (6), for “Competition Commission” substitute “ CMA ”.
After paragraph (6) insert—
In the heading, for “Competition Commission” substitute “ CMA ”.
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 ”.
Article 24 (reports on modification references) is amended as follows.
In paragraph (1), for “Competition Commission” substitute “ CMA ”.
In paragraph (2)—
for “Competition Commission” substitute “ CMA ”, and
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 ”.
In paragraphs (3) to (5), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
In paragraphs (6) and (7), for “Commission” (in each place where it occurs) substitute “ CMA ”.
In paragraph (9), for “Competition Commission” substitute “ CMA ”.
In article 25 (modifications following report), in paragraphs (1) and (5), for “Competition Commission” substitute “ CMA ”.
Article 26 (power of veto following report) is amended as follows.
In paragraph (1), for “Competition Commission” substitute “ CMA ”.
In paragraphs (2) to (9), for “Commission” (in each place where it occurs) substitute “ CMA ”.
In the heading, for “Commission's” substitute “CMA's”.
Article 27 (power of veto following report: supplementary) is amended as follows.
In paragraph (2), for “Competition Commission” substitute “ CMA ”.
In paragraphs (3), (4), (6) and (8), for “Commission” (in each place where it occurs) substitute “ CMA ”.
In the heading, for “Commission's” substitute “CMA's”.
In article 28 (modification by order under other statutory provisions), in paragraph (1)—
for “OFT, the Competition Commission” substitute “ CMA ”, and
for “OFT, the Commission” substitute “ CMA ”.
In article 57 (restrictions on disclosure of information), in sub-paragraph (7), for “Competition Commission” substitute “ CMA ”.
Legal Services (Scotland) Act 2010 (asp 16)
The Legal Services (Scotland) Act 2010 is amended as follows.
In section 8 (pre-approval consideration), in subsection (1)(b), for “OFT” substitute “ CMA ”.
In section 15 (initial considerations), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
In section 28 (communicating outside), in subsection (1)(e), for “OFT” substitute “ CMA ”.
In section 49 (majority ownership), in subsection (5)(b)(iii), for “OFT” substitute “ CMA ”.
Section 76 (input) is amended as follows.
In subsections (1) to (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.
In the heading, for “OFT” substitute “ CMA ”.
In section 92 (certification of bodies), in subsections (4) and (5), for “OFT” (in each place where it occurs) substitute “ CMA ”.
In section 103 (certification of bodies), in subsections (4) and (5), for “OFT” (in each place where it occurs) substitute “ CMA ”.
Section 113 (regard to input) is amended as follows.
In subsections (1) to (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.
In the heading, for “OFT” substitute “ CMA ”.
In section 122 (particular rules), in subsection (2), for “OFT” substitute “ CMA ”.
In section 125 (citizens advice bodies), in subsection (4)(b), for “OFT” substitute “ CMA ”.
In section 147 (further modification), in subsection (3)(d), for “OFT” substitute “ CMA ”.
In section 149 (definitions), in subsection (1)—
after the definition of “the 2007 Act” insert—
omit the definition of “OFT”.
In schedule 2 (directions), in paragraph 4, in sub-paragraph (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.
In schedule 5 (amendment of authorisation), in paragraph 4, in sub-paragraph (2)(b)(i), for “OFT” substitute “ CMA ”.
In schedule 6 (rescission of authorisation), in paragraph 4, in sub-paragraph (2)(b)(i), for “OFT” substitute “ CMA ”.
In schedule 7 (surrender of authorisation), in paragraph 3, in sub-paragraph (1)(a)(ii), for “OFT” substitute “ CMA ”.
In schedule 9 (index of expressions used), in the first table, in the column headed “Whole Act expressions”—
after the reference to “advocate”, insert a reference to “ CMA ”;
omit the reference to “OFT”.
Mergers: interim measures
Interim measures following references under section 22 or 33
Part 3 of the 2002 Act (mergers) is amended as follows.
Section 80 (interim undertakings) is amended as follows.
In subsection (1), for “Subsections (2) and (3)” substitute “ Subsections (2) and (2A) ”.
After subsection (2) insert—
After subsection (2A) insert—
Omit subsections (3) and (4).
In subsection (5), for “Any other undertaking” substitute “ An undertaking ”.
Omit subsection (6).
Section 81 (interim orders) is amended as follows.
In subsection (1) for “Subsections (2) and (3)” substitute “ Subsections (2) and (2A) ”.
After subsection (2) insert—
After subsection (2A) insert—
Omit subsections (3) and (4).
In subsection (5), for “Any other order” substitute “ An order ”.
Omit subsection (6).
Interim measures: public interest and special interest cases
Schedule 7 (enforcement regime for public interest and special public interest cases) is amended as follows.
Omit paragraph 1 (interim undertakings).
In paragraph 2 (interim orders), after sub-paragraph (2) insert—
In that paragraph, after sub-paragraph (2B) insert—
In that paragraph, in sub-paragraph (4)—
omit “or the OFT”,
for “by the OFT” substitute “ by the CMA ”, and
omit “or (as the case may be) the OFT”.
In that paragraph, in sub-paragraph (8), omit “1 or”.
In that paragraph, in sub-paragraph (10), for the words from “the order” to the end of the sub-paragraph substitute
In that paragraph, after sub-paragraph (11) insert—
Interim measures: duration of interim orders under section 72
Section 72 (initial enforcement orders: completed mergers) is amended as follows.
Omit subsection (5).
In subsection (6)—
in the words before paragraph (a), omit “section 81 or”, and
in paragraph (a), for the words from “at the end of” to the end of the paragraph substitute.
Mergers: time-limits
Part 3 of the 2002 Act (mergers) is amended as follows.
In section 22 (duty to make references in relation to completed mergers), in subsection (3)—
before paragraph (a) insert—, and
in paragraph (a) omit “or 96(3)”.
In section 33 (duty to make references in relation to anticipated mergers), in subsection (3)—
before paragraph (a) insert—, and
in paragraph (a) omit “or 96(3)”.
After section 34 insert—
Section 39 (time-limits for investigations and reports) is amended as follows.
In subsection (5) for “subsection (4)” substitute “ this section ”.
After subsection (8) insert—
After section 41 (duty to remedy effects of completed or anticipated mergers) insert—
Section 96 (merger notices) is amended as follows.
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. ”
In subsection (2) after paragraph (a) (and before the “and” immediately following it) insert—.
After subsection (2) insert—
Omit subsections (3) and (4).
Section 99 (certain functions in relation to merger notices) is amended as follows.
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 ”.
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 ”.
Section 100 (exceptions to protection given by merger notices) is amended as follows.
In subsection (1)—
in the words before paragraph (a), for “Section 96(3) does not” substitute “ Sections 22(3)(za) and 33(3)(za) do not ”,
in those words, for “to the Commission” substitute “ under section 22 or (as the case may be) 33 ”,
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 ”,
omit paragraph (b),
in paragraph (c), omit the words from “by such time” to the end of the paragraph, and
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 ”.
In subsection (2)—
in paragraph (b), for “section 96(3) does not” substitute “ sections 22(3)(za) and 33(3)(za) do not ”.
In subsection (3), for “Section 96(3) does not” substitute “ Sections 22(3)(za) and 33(3)(za) do not ”.
Section 101 (merger notices: regulations) is amended as follows.
In that subsection, omit paragraphs (c) to (f).
Section 124 (order and regulations under Part 3) is amended as follows.
In subsection (4)—
after “section” insert “ 34ZC(6), ”,
after “40(8),” insert “ 41B(6), ”, and
after “68,” insert “ , 73B(6), ”.
In subsection (5)—
after “67(7)),” insert “ 34ZC(6), ”,
after “40(8),” insert “ 41B(6), ”, and
after “65(3)),” insert “ 73B(6), ”.
Markets: cross-market references
Part 4 of the 2002 Act (market investigations) is amended as follows.
Section 133 (contents of references) is amended as follows.
In subsection (1)—
omit the “and” following paragraph (b),
in paragraph (c), at the beginning insert “ in the case of an ordinary reference, ”, and
after paragraph (c) insert
In subsection (2)—
in paragraph (a), after “a supply” insert “ or, in the case of a cross-market reference, supplies ”, and
in paragraph (b), after “an acquisition” insert “ or, in the case of a cross-market reference, acquisitions ”.
Section 134 (questions to be decided on market investigation references) is amended as follows.
In subsection (1), for “a market investigation” substitute “ an ordinary ”.
After subsection (1) insert—
In subsection (2), for “a market investigation” substitute “ an ordinary ”.
After subsection (2) insert—
In subsection (5)(a), after “the market” insert “ or markets ”.
In subsection (7), after “the market” insert “ or markets ”.
In subsection (8)(a)(i), after “the market” insert “ or markets ”.
In section 138 (duty to remedy adverse effects), in subsection (5), after “the market” insert “ or markets ”.
Section 141 (questions to be decided where intervention notice under section 139(1) is in force) is amended as follows.
In subsection (2), after “shall” insert “ , on an ordinary reference, ”.
After subsection (2) insert—
In subsection (6), after “the market” insert “ or markets ”.
In section 147 (remedial action by the Secretary of State), in subsection (5), after “the market” insert “ or markets ”.
In section 154 (undertakings in lieu of references), in subsection (4), after “the market” insert “ or markets ”.
Section 156 (effect of undertakings under section 154) is amended as follows.
Before subsection (1) insert—
In subsection (1)—
in the words before paragraph (a), for “market investigation” substitute “ ordinary ”,
in paragraph (a), after “has” insert “ , instead of making an ordinary reference, ”, and
in paragraph (b), for “the feature, or combination of features, relates” substitute “ the reference would relate ”.
In subsection (2), for “Subsection (1) does” substitute “ Subsections (A1) and (1) do ”.
Section 184 (index of defined expressions for Part 4) is amended as follows.
In the second column of the entry for “Adverse effect on competition”, after “134(2)” insert “ and (2A) ”.
After the entry in the table for “Consumer” insert—.
Before the entry in the table for “Public interest consideration” insert—.
Markets: public interest interventions
Part 4 of the 2002 Act (market investigations) is amended as follows.
Section 131 (power to make market investigation references) is amended as follows.
In subsection (4)(b), after “132” insert “ or 140A(6) ”.
In subsection (6), in the definition of “market investigation reference”, after “132” insert “ or 140A(6) ”.
In section 132 (ministerial power to make references), in subsection (4)—
after “if” insert, and
at the end insert
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 ”.
Section 140 (supplementary provision about intervention notices under section 139(1)) is amended as follows.
In subsection (1)—
for paragraphs (a) and (b) substitute—
in paragraph (c), for “case” substitute “ matter ”.
In subsection (2), for “case” (in the second place where it occurs) substitute “ matter ”.
After subsection (4) insert—
In subsection (5)—
before paragraph (a) insert—,
in paragraph (a), after “143(1) or (3)” insert “ or (as the case may be) 143A(2) or (3) ”,
in paragraph (c), after “143(1)” insert “ or (as the case may be) 143A(2) ”,
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 ”,
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
in paragraph (f), after “147(2)” insert “ or (as the case may be) 147A(2) ”.
In subsection (6)—
before paragraph (a) insert—,
in paragraph (a), after “(5)” insert “ (zc), ”, and
after paragraph (a) insert—.
After subsection (6) insert—
In subsection (7), after “147(2)” insert “ or (as the case may be) 147A(2) ”.
After section 140A (inserted by section 35) insert—
Section 141 (questions to be decided where section 139(1) intervention notice is in force) is amended as follows.
For subsection (1) substitute—
For the heading, substitute “ Restricted PI references: questions to be decided by CMA ”.
Section 142 (investigations and reports) is amended as follows.
In subsection (1)—
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
after “section 143(1) or (3)” insert “ or (as the case may be) 143A(2) or (3) ”.
In subsection (2)—
in paragraph (a), at the end insert “ or (as the case may be) 141A ”,
omit the “and” after paragraph (b), and
after paragraph (c) insert
After subsection (2) insert—
Section 143 (publication etc of reports) is amended as follows.
Before subsection (1) insert—
In subsection (1), in the words before paragraph (a), for “a report under section 142” substitute “ the report ”.
Omit subsection (2).
In subsection (3), for “a report under section 142” substitute “ the report ”.
Omit subsections (5) to (8).
For the heading substitute “ Restricted PI references: publication etc of reports of CMA ”.
After section 143 insert—
Section 144 (time-limits for investigations and reports in public interest cases) is amended as follows.
In subsection (1)—
for “the date of the reference” substitute “ the relevant date ”, and
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). ”
After subsection (1) insert—
In subsection (4), after “143(1) or (3)” insert “ or (as the case may be) 143A(2) or (3) ”.
Section 145 (restrictions where public interest considerations not finalised: Part 4) is amended as follows.
In subsection (2), after “143(3)” insert “ or (as the case may be) 143A(3) ”.
In subsection (3), after “141(3)” insert “ or (as the case may be) 141A(4) and (5). ”
In subsection (4), after “141(3)” insert “ or (as the case may be) 141A(4) and (5). ”
Section 146 (decision of Secretary of State) is amended as follows.
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 ”.
In the heading, at the beginning, insert “ Restricted PI references: ”.
After section 146 insert—
In section 147 (remedial action by Secretary of State), in the heading, at the beginning, insert “ Restricted PI references: ”.
After section 147 insert—
Section 148 (reversion of the matter) is amended as follows.
Omit subsections (3) to (5).
For the heading substitute “ Restricted PI references: reversion of the matter to CMA ”.
After section 148 insert—
Section 149 (intervention notices under section 139(2)) is amended as follows.
In subsection (1)(c), for “case” substitute “ proposal to accept the undertaking ”.
In subsection (2), for “case” (in the second place where it occurs) substitute “ proposal to accept the undertaking ”.
In section 150 (power of veto of Secretary of State: undertakings in lieu), before subsection (1) insert—
Section 151 (further interaction of intervention notices with general procedure) is amended as follows.
For subsection (1) substitute—
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). ”
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). ”
For the heading, substitute “ Public interest intervention cases: interaction with general procedure ”.
In section 152 (certain duties in relation to providing information), omit subsection (2).
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 ”.
Section 157 (interim undertakings: Part 4) is amended as follows.
In subsection (1)(b), after “143(3)” insert “ or (as the case may be) 143A(3) ”.
In subsection (6)—
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
for the definition of “relevant authority” substitute—
In section 158 (interim orders: Part 4), in subsection (1)(b), after “143(3)” insert “ or (as the case may be) 143A(3) ”.
In section 159 (final undertakings: Part 4), in subsection (2), after “147” insert “ or (as the case may be) 147A ”.
Section 160 (order-making power where final undertakings not fulfilled: Part 4) is amended as follows.
In subsection (2), for “or (as the case may be) 147(2)” substitute “ , 147(2) or (as the case may be) 147A(2) ”.
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 ”.
In section 161 (final orders: Part 4), in subsection (2), after “147” insert “ or (as the case may be) 147A ”.
In section 169 (certain duties of relevant authorities to consult: Part 4), in subsection (6)—
in the definition of “relevant authority”, at the end insert “ or the Secretary of State ”,
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
also in that definition, after paragraph (b) insert—
Section 172 (further publicity requirements: Part 4) is amended as follows.
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) ”.
In subsection (2), omit paragraph (d).
In subsection (3)—
after paragraph (d) insert—, and
in paragraph (e), after “147(2)” insert “ or (as the case may be) 147A(2) ”.
In subsection (7), omit “or (2)(d)”.
In subsection (7A) (inserted by Schedule 12), at the end insert “ or (3)(da) ”.
In subsection (8), in paragraph (a), after “146(2)” insert “ or 146A(2) ”.
In subsection (10), after “147(2)” insert “ or 147A(2) ”.
In section 177 (excisions from reports: Part 4), in subsection (5), omit “, 143(2) and (5) to (7), 148(3) to (5)”.
Section 183 (interpretation: Part 4) is amended as follows.
In subsection (3), in paragraph (a), for the words before sub-paragraph (i) substitute “ where the reference is made under section 131 or 132— ”.
In that subsection, in paragraph (b)—
for the words before sub-paragraph (i) substitute “ where the reference is a restricted PI reference or a full PI reference— ”,
in sub-paragraph (i), after “143(1) or (3)” insert “ or (as the case may be) 143A(2) or (3) ”,
in sub-paragraph (ii), omit “(disregarding the fact that the notice was given)”,
in sub-paragraph (iii), after “143(1)” insert “ or (as the case may be) 143A(2) ”,
in sub-paragraph (iv), omit “(disregarding the fact that the notice was given)”,
for sub-paragraph (v) substitute—,
in sub-paragraph (vi), omit “(disregarding the fact that the notice was given)”,
after sub-paragraph (vi) insert—,
omit the “or” after sub-paragraph (vii),
after sub-paragraph (vii) insert—, and
after sub-paragraph (viii) insert
In subsection (4)(c), after “(b)(viii)” insert “ or (ix) ”.
In subsection (5), for “or (vi)” substitute “ , (vi) or (via) ”.
In subsection (6), after “(b)(viii)” insert “ and (ix) ”.
Section 184 (index of defined expressions in Part 4) is amended as follows.
After the entry in the table for “Adverse effect on competition” insert—.
After the entry in the table for “Final determination of market investigation reference” insert—.
After the entry in the table for “Public interest consideration being finalised” insert—.
Before the entry in the table for “subordinate legislation” insert—.
Markets: investigation powers
Enforcement of investigation powers
After section 174 of the 2002 Act insert—
Investigation powers: miscellaneous consequential amendments
Part 4 of the 2002 Act (market investigations) is amended as follows.
Omit section 175 (enforcement of powers under section 174: offences).
Omit section 176 (investigation powers of the Commission).
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) ”.
Section 181 (orders under Part 4) is amended as follows.
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 ”.
In subsection (10)—
omit “111(4) or (6) or”, and
for “176” substitute “ 174D ”.
Markets: time-limits
Market studies and decisions whether to make a reference under section 131
Before section 131 of the 2002 Act (power to make market investigation references) insert—
After section 131 of that Act insert—
Market investigations and reports
Section 137 of the 2002 Act (time-limits for market investigations and reports) is amended as follows.
In subsection (1), for “two years” substitute “ 18 months ”.
After subsection (2) insert—
For subsection (3) substitute—
For subsection (4) substitute—
Remedies implementation
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, ”.
After section 138 of that Act insert—
Time-limits: public interest intervention cases
Section 144 of the 2002 Act (time-limits for investigations and reports in public interest intervention cases) is amended as follows.
In subsection (1), for “two years” substitute “ 18 months ”.
After subsection (1A) (inserted by Schedule 10) insert—
In subsection (2)—
after “amend” insert,
for “two years” substitute “ 18 months ”, and
at the end insert
In subsection (3)—
after “results in” insert,
for “two years” substitute “ 18 months ”, and
at the end insert
Time-limits: consequential and other minor amendments
Part 4 of the 2002 Act (market investigations) is amended as follows.
In the heading of that Part, at the beginning insert “ Market Studies and ”.
In the heading of Chapter 1, at the beginning insert “ Market Studies and ”.
Section 132 (ministerial power to make references) is amended as follows.
In subsection (1)—
after “services” insert, and
at the end insert
In subsection (2)(b), for “to make such a reference” substitute “ to publish a market study notice in relation to the matter concerned ”.
In section 135 (variation of references), omit subsection (4).
In section 156 (effect of undertakings under section 154), after subsection (2) insert—
In section 169 (certain duties of relevant authorities to consult: Part 4), in subsection (6), in the definition of “relevant decision”—
in paragraph (a), for sub-paragraph (i) substitute—, and
in paragraph (b)(i), omit “as to whether”.
Section 172 (further publicity requirements: Part 4) is amended as follows.
In subsection (1), after paragraph (a) insert—.
In subsection (2)—
before paragraph (a) insert—, and
after paragraph (b) insert—.
After subsection (7) insert—
In section 179 (review of decisions under Part 4), in subsection (2), before paragraph (a) insert—.
Section 181 (orders under Part 4) is amended as follows.
In subsection (3), for “136(9), 137(3)” substitute “ 131C(1), 136(9), 137(3), 138B(6) ”.
In subsection (4), for “137(3)” substitute “ 131C(1), 137(3), 138B(6) ”.
In section 184 (index of defined expressions in Part 4), after the entry in the table for “market investigation reference” insert—
Extension of powers to issue warrants under the 1998 Act to CAT
The 1998 Act is amended as follows.
Section 28 (power to enter business premises under a warrant) is amended as follows.
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— ”.
In subsection (3), for “the judge” substitute “ the court or (as the case may be) the Tribunal ”.
After subsection (7) insert—
Section 28A (power to enter domestic premises under a warrant) is amended as follows.
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— ”.
In subsection (3), for “the judge” substitute “ the court or (as the case may be) the Tribunal ”.
After subsection (8) insert—
In section 61 (interpretation of Part 2), after the definition of “the Treaty” insert—.
Section 62 (power to enter business premises under a warrant: Article 20 inspections) is amended as follows.
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— ”.
After subsection (8) insert—
Section 62A (power to enter non-business premises under a warrant: Article 21 inspections) is amended as follows.
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— ”.
After subsection (10) insert—
Section 63 (power to enter business premises under a warrant: Article 22(2) inspections) is amended as follows.
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— ”.
After subsection (8) insert—
In section 65C (interpretation of Part 2A), in subsection (2), after the entry for “the Treaty” (but before the “and” following it) insert—.
Section 65G (power to enter business premises under a warrant: Article 22(1) investigations) is amended as follows.
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— ”.
In subsection (3), for “the judge” substitute “ the court or (as the case may be) the Tribunal ”.
After subsection (8) insert—
Section 65H (power to enter domestic premises under a warrant: Article 22(1) investigations) is amended as follows.
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— ”.
In subsection (3), for “the judge” substitute “ the court or (as the case may be) the Tribunal ”.
After subsection (8) insert—
Regulators: use of powers under the 1998 Act
Gas Act 1986 (c. 44)
The Gas Act 1986 is amended as follows.
Section 28 (orders for securing compliance) is amended as follows.
In subsections (1), (2) and (4), for “(5) and” (in each place where it occurs) substitute “ (4A) to ”.
After subsection (4) insert—
In subsection (5), omit paragraph (c) and the “or” preceding it.
In subsection (6)—
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
in paragraph (a), after “that it” insert “ has so decided or ”.
In section 30A (penalties), for subsection (2) substitute—
Electricity Act 1989 (c. 29)
The Electricity Act 1989 is amended as follows.
Section 25 (orders for securing compliance) is amended as follows.
In subsections (1), (2) and (4), for “(5) and” (in each place where it occurs) substitute “ (4A) to ”.
After subsection (4) insert—
In subsection (5), omit paragraph (d) and the “or” preceding it.
In subsection (6)—
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
in paragraph (a), after “that it” insert “ has so decided or ”.
In section 27A (penalties), for subsection (2) substitute—
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)
The Water Industry Act 1991 is amended as follows.
Section 19 (exception to duty to enforce) is amended as follows.
For subsection (1A) substitute—
In subsection (3)—
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
in paragraph (a), after “satisfied” insert “ or has so decided ”.
In section 22A (penalties), for subsection (13) substitute—
Railways Act 1993 (c. 43)
The Railways Act 1993 is amended as follows.
Section 55 (orders for securing compliance) is amended as follows.
For subsection (5A) substitute—
In subsection (5D)(b), for “(5A)” substitute “ (5AA) ”.
In section 57A (penalties), for subsection (6) substitute—
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)
Section 21 of the Transport Act 2000 (exceptions to duties to secure compliance) is amended as follows.
In subsection (1), omit paragraph (b) and the “or” preceding it.
After subsection (5) insert—
Communications Act 2003 (c. 21)
The Communications Act 2003 is amended as follows.
In section 94 (notification of contravention of SMP apparatus conditions), for subsection (10) substitute—
In section 96A (notification of contravention of condition other than SMP apparatus condition), for subsection (5) substitute—
Postal Services Act 2011 (c. 5)
In Schedule 7 to the Postal Services Act 2011 (enforcement of regulatory requirements) for paragraph 4 substitute—
Health and Social Care Act 2012 (c. 7)
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1))
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))
The Energy (Northern Ireland) Order 2003 is amended as follows.
Article 42 (orders for securing compliance) is amended as follows.
In paragraph (1), for “, (5) and” substitute “ and (5) to ”.
In paragraphs (2) and (4), for “(5) and” substitute “ (5) to ”.
In paragraph (5), omit sub-paragraph (b) and the “or” preceding it.
After that paragraph insert—
In paragraph (7)—
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
in sub-paragraph (a), after “satisfied” insert “ or has so decided ”.
In article 45 (financial penalties), for paragraph (3) substitute—
The Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21))
The Water and Sewerage Services (Northern Ireland) Order 2006 is amended as follows.
Article 31 (exceptions to duty to enforce) is amended as follows.
In paragraph (1), omit sub-paragraph (d) and the “or” preceding it.
After that paragraph insert—
In paragraph (3)—
in the words before sub-paragraph (a)—
for “, (c) or (d)” substitute “ or (c) ”, and
after “paragraph (1)” insert “ or decides that it would be more appropriate to proceed under the Competition Act 1998 ”, and
in sub-paragraph (a), after “so satisfied” insert “ or has so decided ”.
In article 35 (financial penalties), for paragraph (11) substitute—
Minor and consequential amendments: Part 4
Civil Aviation Act 1982 (c. 16)
In Schedule 1 to the Civil Aviation Act 1982 (constitution etc. of the Authority), in paragraph 15—
the existing text becomes sub-paragraph (1), and
after that sub-paragraph insert—
Gas Act 1986 (c. 44)
In section 36A of the Gas Act 1986 (functions with respect to competition), in subsections (3), (3A) and (7)(b), after “38(1) to (6)” (in each place where it occurs) insert “ , 40B(1) to (4) ”.
Electricity Act 1989 (c. 29)
In section 43 of the Electricity Act 1989 (functions with respect to competition), in subsections (3), (3A) and (6)(b), after “38(1) to (6)” (in each place where it occurs) insert “ , 40B(1) to (4) ”.
Water Industry Act 1991 (c. 56)
The Water Industry Act 1991 is amended as follows.
In section 31 (functions with respect to competition), in subsections (3), (4A) and (8)(b), after “38(1) to (6)” (in each place where it occurs) insert “ , 40B(1) to (4) ”.
In Schedule 1A (constitution etc. of the Authority), in paragraph 10, after sub-paragraph (2) insert—
Railways Act 1993 (c. 43)
In section 67 of the Railways Act 1993 (functions with respect to competition), in subsections (3), (3A) and (8)(b), after “38(1) to (6)” (in each place where it occurs) insert “ , 40B(1) to (4) ”.
Competition Act 1998 (c. 41)
The Competition Act 1998 is amended as follows.
In section 26 (powers when conducting investigations), in subsection (3)(b), for “42 to” substitute “ 43 and ”.
In section 38 (guidance on level of penalties), in subsection (9), for “an appeal tribunal” substitute “ the Tribunal ”.
In section 54 (regulators), in subsection (1)—
omit paragraph (c), and
for paragraph (f) substitute—.
Schedule 1 (exclusions: mergers and concentrations) is amended as follows.
In paragraph 5—
omit “to the Competition Commission” (in each place where it occurs), and
for “the Commission” (in each place where it occurs) substitute “ the CMA ”.
Utilities Act 2000 (c. 27)
In Schedule 1 to the Utilities Act 2000 (constitution etc. of the Authority), in paragraph 9, after sub-paragraph (2) insert—
Transport Act 2000 (c. 38)
In section 86 of the Transport Act 2000 (functions with respect to competition), in subsections (3), (4)(b) and (7)(b), after “38(1) to (6)” (in each place where it occurs) insert “ , 40B(1) to (4) ”.
Enterprise Act 2002 (c. 40)
The Enterprise Act 2002 is amended as follows.
Section 25 (extension of time-limits) is amended as follows.
In subsection (2), for the words from “has failed” to the end of the subsection substitute “ has failed (with or without a reasonable excuse) to comply with any requirement of a notice under section 109 ”.
For subsection (3) substitute—
Omit section 31 (information powers in relation to completed mergers).
Omit subsections (1) to (3).
In subsection (4), omit “or subsection (3)(a) above”.
Section 34A (duty where case referred by European Commission) is amended as follows.
For subsection (5) substitute—
For subsection (6) substitute—
Omit subsection (7).
Omit section 34B (power to request information in referred cases).
Section 42 (intervention by Secretary of State in certain public interest cases) is amended as follows.
In subsection (1), in paragraph (d)(i)—
for “section 22(3)(a) or (e)” substitute “ section 22(3)(za), (a) or (e) ”, and
for “33(3)(a) or (e)” substitute “ 33(3)(za), (a) or (e) ”.
In subsection (5), for “to 32” substitute “ to 30 ”.
In subsection (6), in the words before paragraph (a), for “to 32” substitute “ to 30 ”.
In that subsection, in paragraph (h)—
omit “, and the power to request information under section 31(1) as so applied,”, and
after “existing time-limits” insert “ by virtue of section 24 (as so applied) ”.
In that subsection, in paragraph (i), after “existing time-limits” insert “ by virtue of section 24 (as so applied) ”.
In that subsection, omit paragraph (j).
In that subsection, in paragraph (k), for “to 32” substitute “ to 30 ”.
In that subsection, omit paragraph (l) and the word “and” immediately preceding it.
Section 46B (extension of preliminary assessment period) is amended as follows.
For subsection (1) substitute—
Omit subsection (2).
For subsection (3) substitute—
Omit subsection (4).
Omit section 46C (power to request information in referred cases).
In subsection (2), omit “1,”.
In subsection (3), omit “1,”.
In subsection (4) —
omit “any undertaking accepted under paragraph 1 of Schedule 7, or”, and
for “that Schedule” substitute “ Schedule 7 ”.
In subsection (5)—
omit “undertaking or” (in each place where it occurs),
omit “, accepted or” (in each place where it occurs), and
omit “, superseded, released”.
Section 59 (intervention by Secretary of State in special public interest cases) is amended as follows.
In subsection (5), for “to 32” substitute “ to 30 ”.
In subsection (6), in the words before paragraph (a), for “to 32” substitute “ to 30 ”.
In that subsection, in paragraph (g), omit “, and the power to request information under section 31(1) as so applied,”.
In that subsection, omit paragraph (h).
In that subsection, in paragraph (i), for “to 32” substitute “ to 30 ”.
In that subsection, omit paragraph (j) and the word “and” immediately preceding it.
In subsection (3), omit “1,”.
In subsection (4)—
omit “any undertaking accepted under paragraph 1 of Schedule 7, or”, and
for “that Schedule” substitute “ Schedule 7 ”.
In subsection (5)—
omit “undertaking or” (in each place where it occurs),
omit “, accepted or” (in each place where it occurs), and
omit “, superseded, released”.
Section 67 (intervention to protect legitimate interests) is amended as follows.
In subsection (7), for “to 32” substitute “ to 30 ”.
In subsection (8), in the words before paragraph (a), for “to 32” substitute “ to 30 ”.
In section 68 (scheme for protecting legitimate interests), in subsection (4)(a), for “to 32” substitute “ to 30 ”.
In section 77 (restrictions on certain share dealings: completed mergers), in subsection (1)(b), omit “71 or”.
In section 89 (subject matter of undertakings), in subsection (2)—
omit “71,”, and
omit “1,”.
Section 93 (further role of OFT in relation to undertakings and orders) is amended as follows.
In subsection (1), in paragraph (b), omit “1,”.
In subsection (2), omit “1,”.
In subsection (4), omit “1,”.
In section 94 (rights to enforce undertakings and orders), in subsection (8), omit “1,”.
Section 99 (functions in relation to merger notices) is amended as follows.
Omit subsections (2) to (4).
In subsection (5), in paragraph (c), for the words from “or any” to “as required” substitute “ or the person who gave the merger notice has failed (with or without a reasonable excuse) to comply with any requirement of a notice under section 109 in relation to the case concerned ”.
Section 107 (further publicity requirements) is amended as follows.
In subsection (1), for paragraph (a) substitute—.
In that subsection, after paragraph (aa) insert—.
In that subsection, omit paragraph (d).
In that subsection, after paragraph (e) insert—.
In that subsection, in paragraph (f), for “such an undertaking or order” substitute “ an order mentioned in paragraph (e) ”.
At the end of that subsection insert
In subsection (2), after paragraph (e) insert—.
In subsection (3), omit paragraphs (h) and (i).
In section 130 (index of defined expressions), omit the entry for “Undertakings under paragraph 1 of Schedule 7”.
Schedule 7 (enforcement regime for public interest and special public interest cases) is amended as follows.
In paragraph 7, in sub-paragraph (1), for paragraph (b) substitute—
In paragraph 8, in sub-paragraph (1), for paragraph (b) substitute—
In Schedule 15 (enactments conferring functions for the purposes of which specified information may be disclosed), at the end insert— “ The Health and Social Care Act 2012. ”
Office of Communications Act 2002 (c. 11)
In Schedule 1 to the Office of Communications Act 2002 (constitution etc. of the OFCOM), in paragraph 18—
the existing text becomes sub-paragraph (1), and
after that sub-paragraph insert—
Railways and Transport Safety Act 2003 (c. 20)
In Schedule 1 to the Rail and Transport Safety Act 2003 (constitution etc. of the Office of Rail Regulation), in paragraph 7—
the existing text becomes sub-paragraph (1), and
after that sub-paragraph insert—
Communications Act 2003 (c. 21)
The Communications Act 2003 is amended as follows.
Section 192 (appeals against decisions by OFCOM etc) is amended as follows.
In subsection (1), after paragraph (d) insert—
In subsection (6)(b), after “the Secretary of State” insert “ , by the CMA ”.
In section 193 (reference of price control matters), in subsection (10), after “this section” insert “ and section 193A ”.
In section 195 (decisions of the Tribunal), in subsection (9), for “or the Secretary of State” (in each place it occurs) substitute “ , the Secretary of State or the CMA ”.
In section 371 (functions under the Competition Act 1998), in subsections (2) and (3)(a), after “38(1) to (6)” (in each place where it occurs) insert “ , 40B(1) to (4) ”.
Health and Social Care Act 2012 (c. 7)
The Health and Social Care 2012 is amended as follows.
In section 72 (functions under the Competition Act 1998), in subsections (2) and (3), after “38(1) to (6)” (in each place where it occurs) insert “ , 40B(1) to (4) ”.
In Schedule 8 (constitution etc. of Monitor), in paragraph 11, after sub-paragraph (2) insert—
Civil Aviation Act 2012 (c. 19)
The Civil Aviation Act 2012 is amended as follows.
In section 62 (functions under Competition Act 1998), in subsections (2) and (4), after “38(1) to (6)” (in each place where it occurs) insert “ , 40B(1) to (4) ”.
In section 63 (Competition Act 1998: supplementary), in subsection (1), after “38(1) to (6)” insert “ , 40B(1) to (4) ”.
Electricity (Northern Ireland) Order 1992 (SI 1992/231 (N.I. 1))
In article 46 of the Electricity (Northern Ireland) Order 1992 (functions with respect to competition), in paragraphs (3), (3A) and (6)(b), after “38(1) to (6)” (in each place where it occurs) insert “ , 40B(1) to (4) ”.
Gas (Northern Ireland) Order 1996 (SI 1996/275 (N.I. 2))
In article 23 of the Gas (Northern Ireland) Order 1996 (functions with respect to competition), in paragraphs (3), (3A) and (6)(b), after “38(1) to (6)” (in each place where it occurs) insert “ , 40B(1) to (4) ”.
Energy (Northern Ireland) Order 2003 (SI 2003/419 (N.I. 6))
In Schedule 1 to the Energy (Northern Ireland) Order 2003 (constitution etc. of the Authority), in paragraph 9, after sub-paragraph (2) insert—
Local listed building consent orders: procedure
In the Planning (Listed Buildings and Conservation Areas) Act 1990, after Schedule 2 insert—
Heritage planning regulation
National Heritage Act 1983 (c. 47)
Section 33 of the National Heritage Act 1983 (the Commission's general function) is amended as follows.
In subsection (2A)—
in paragraph (a) after “1979” insert “ , under section 196D of the Town and Country Planning Act 1990 ”, and
in paragraph (b) for “that Part or of that Act of 1990” substitute “ Part 1 of the Ancient Monuments and Archaeological Areas Act 1979 or the Planning (Listed Buildings and Conservation Areas) Act 1990 ”.
After subsection (2A) insert—
Town and Country Planning Act 1990 (c. 8)
The Town and Country Planning Act 1990 is amended as follows.
In section 108 (compensation for refusal or conditional grant of planning permission formerly granted by order) after subsection (3E) insert—
In section 171B (time limits for enforcement of breaches of planning control) after subsection (2) insert—
In section 174 (appeal against enforcement notice) before subsection (3) insert—
After section 196C insert—
Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)
The Planning (Listed Buildings and Conservation Areas) Act 1990 is amended as follows.
Section 1 (listing of buildings of special architectural or historic interest) is amended as follows.
In subsection (5) after “shall” insert “ , subject to subsection (5A)(a), ”.
After subsection (5) insert—
Section 6 (issue of certificate that building not intended to be listed) is amended as follows.
Before subsection (1) insert—
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In subsection (2) for “such a certificate” substitute “ a certificate under subsection (A1) or (1) ”.
In subsection (3) after “subsection” insert “ (A1) or ”.
In section 32(1)(a) (purchase notice on refusal or conditional grant of consent)—
for “listed building consent in respect of a building” substitute “ on an application for listed building consent in respect of a building, consent ”;
before “is revoked” insert “ such consent granted on an application ”.
In section 62(2) (validity of certain orders and decisions), after paragraph (a) insert—.
Section 74 (control of demolition in conservation areas) is amended as follows.
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After subsection (2) insert—
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for “that section”, in both places those words appear, substitute “ section 74 ”, and
after “43” insert “ or section 196D of the principal Act (offence of failing to obtain, or comply with, planning permission for demolition of unlisted etc building in conservation area in England) ”.
In section 82(3) (application of Act to land and works of local planning authorities) for “to 29” substitute “ to 26, 28, 29 ”.
In section 82A(2) (application to the Crown), after paragraph (c) insert—.
In section 88(2)(c) (rights of entry) after “11” insert “ , 26J ”.
Section 93 (regulations and orders) is amended as follows.
In subsection (4) after “8(5),” insert “ 26C, ”.
In subsection (5A) after “section” insert “ 26C or ”.
Schedule 3 (determination of certain appeals by person appointed by Secretary of State) is amended as follows.
In paragraph 1(1), 2(8)(a) and 3(3) after “20” insert “ , 26K ”.
In paragraph 2(1) after paragraph (a) (before “and” at the end) insert—.
Application
Paragraph 8 applies in relation to entries for buildings that are listed, or entries that are amended, on or after the date on which that paragraph comes into force.
Adjudicators: bankruptcy applications by debtors and bankruptcy orders
Adjudicators: minor and consequential amendments
The Insolvency Act 1986 is amended in accordance with this Schedule.
In section 253 (application for interim order), omit subsection (5).
In section 255 (cases in which interim order can be made), in subsection (1)(b) for “petition for his own bankruptcy” substitute “ make a bankruptcy application ”.
Section 256A (debtor's proposal and nominee's report) is amended as follows.
In subsection (1) omit the words from “unless” to the end.
In subsection (3) for “petition for his own bankruptcy” substitute “ make a bankruptcy application ”.
For the heading to Chapter 1 of Part 9 substitute “ The court: bankruptcy petitions and bankruptcy orders ”.
In section 264 (who may present a bankruptcy petition), in subsection (1) omit paragraph (b).
For section 265 (conditions to be satisfied in respect of debtor) substitute—
In section 266 (bankruptcy petitions: other preliminary conditions), in subsection (4) omit “, (b)”.
Sections 272 to 274A (and the cross-heading immediately preceding those sections) (debtor's petition) are repealed.
In consequence of the repeal of section 274A by sub-paragraph (1), omit paragraph 3 of Schedule 20 to the Tribunals, Courts and Enforcement Act 2007 (debt relief orders: consequential amendments).
For the cross-heading immediately before section 278 substitute— “ CHAPTER 1A Commencement and duration of bankruptcy ”.
In section 278 (commencement and continuance), in paragraph (b) (discharge of bankruptcy order) omit “the following provisions of”.
In section 279 (duration of bankruptcy), in subsection (6) for “adjudged” substitute “ made ”.
In section 282 (court's power to annul bankruptcy order), in subsection (2)—
omit “, (b)”,
after “section 264(1)” insert “ or on a bankruptcy application ”, and
in paragraph (a) after “pending” insert “ or the application was ongoing ”.
In section 283 (definition of bankrupt's estate), in subsection (5)(a) for “adjudged” substitute “ made ”.
Section 284 (restrictions on dispositions of property) is amended as follows.
In subsection (1) for “adjudged” substitute “ made ”.
In subsection (3) for “presentation of the petition for the bankruptcy order” substitute “ making of the bankruptcy application or (as the case may be) the presentation of the bankruptcy petition ”.
In subsection (4), in paragraph (a) before “petition” insert “ bankruptcy application had been made or (as the case may be) that the bankruptcy ”.
Section 285 (restriction on proceedings and remedies) is amended as follows.
In subsection (1)—
after “when” insert “ proceedings on a bankruptcy application are ongoing or ”, and
for “adjudged” substitute “ made ”.
In subsection (2) after “proof that” insert “ a bankruptcy application has been made or ”.
Section 286 (power to appoint interim receiver) is amended as follows.
Omit subsection (2).
In subsection (8), for “adjudged” substitute “ made ”.
In section 288 (statement of affairs), in subsection (1) for “debtor's petition” substitute “ bankruptcy application ”.
In section 290 (public examination of bankrupt), in subsection (4)(a) for “adjudged” substitute “ made ”.
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In section 298 (removal of trustee and vacation of office), in subsections (7) and (8) for “court” substitute “ prescribed person ”.
Section 299 (release of trustee) is amended as follows.
In subsection (1)(a) for “to the court” substitute “ under this paragraph to the prescribed person ”.
In subsection (3)(a) for “court” substitute “ prescribed person ”.
Section 320 (court order vesting disclaimed property) is amended as follows.
In subsection (2)(c) before “bankruptcy” insert “ bankruptcy application was made or (as the case may be) the ”.
In subsection (3)(c) before “bankruptcy” insert “ bankruptcy application was made or (as the case may be) the ”.
In section 321 (orders under section 320 in respect of leaseholds), in subsection (1)(a) before “bankruptcy” insert “ bankruptcy application was made or (as the case may be) the ”.
In section 323 (mutual credit and set-off), in subsection (3) before “a bankruptcy” insert “ proceedings on a bankruptcy application relating to the bankrupt were ongoing or that ”.
In section 334 (stay of distribution in case of second bankruptcy), in subsection (2) before “presentation of the petition” insert “ making of the application or (as the case may be) the ”.
Section 336 (rights of occupation etc of bankrupt's spouse or civil partner) is amended as follows.
In subsection (1) for “presentation of the petition for the bankruptcy order” substitute “ making of the bankruptcy application or (as the case may be) the presentation of the bankruptcy petition ”.
In subsection (2) for “adjudged” substitute “ made ”.
In section 337 (rights of occupation of bankrupt), in subsection (1)—
in paragraph (a) for “adjudged” substitute “ made ”, and
in paragraph (b) before “bankruptcy petition” insert “ bankruptcy application was made or (as the case may be) the ”.
In section 339 (transactions at an undervalue), in subsection (1) for “adjudged” substitute “ made ”.
In section 340 (preferences), in subsection (1) for “adjudged” substitute “ made ”.
In section 341 (meaning of “relevant time” under sections 339 and 340), in subsection (1)(a) for “presentation of the bankruptcy petition on which the individual is adjudged” substitute “ making of the bankruptcy application as a result of which, or (as the case may be) the presentation of the bankruptcy petition on which, the individual is made ”.
Section 342 (orders under sections 339 and 340) is amended as follows.
In subsection (1) for “adjudged” substitute “ made ”.
In subsection (5)—
for paragraph (a) substitute—, and
in paragraph (b) for “adjudged” substitute “ made ”.
In section 342A (recovery of excessive pension contributions), in subsection (1) for “adjudged” substitute “ made ”.
In section 343 (extortionate credit transactions), in subsection (1) for “adjudged” substitute “ made ”.
Section 344 (avoidance of general assignment of book debts) is amended as follows.
In subsection (1) for “adjudged” substitute “ made ”.
In subsection (2) before “presentation” insert “ making of the bankruptcy application or (as the case may be) the ”.
In section 345 (contracts to which bankrupt is a party), in subsection (1) for “adjudged” substitute “ made ”.
Section 346 (enforcement procedures) is amended as follows.
In subsections (1) and (2) for “adjudged” substitute “ made ”.
In subsection (3)—
in paragraph (b) before “bankruptcy” insert “ bankruptcy application has been made or a ”, and
in paragraph (c) before “on that petition” insert “ as a result of that application or ”.
In subsection (4)(a) after “while” insert “ proceedings on a bankruptcy application are ongoing or (as the case may be) ”.
Section 347 (distress, etc) is amended as follows.
In subsection (2)—
after “individual to whom” insert “ a bankruptcy application or ”, and
before “on that petition” insert “ as a result of that application or ”.
In subsection (3) for “adjudged” substitute “ made ”.
In section 348 (apprenticeships, etc), in subsection (1)(a) for “petition on which the order was made” substitute “ application for the order was made or (as the case may be) the petition for the order ”.
In section 350 (application of Chapter 6 of Part 9: bankruptcy offences), in subsection (1) after “applies” insert.
Section 351 (definitions for the purposes of Chapter 6 of Part 9) is amended as follows.
In paragraph (b) before “presentation” insert “ making of the bankruptcy application or (as the case may be) the ”.
Omit paragraph (c), and the preceding “and”.
Section 354 (concealment of property) is amended as follows.
In subsection (1)(c) before “petition” insert “ the making of the bankruptcy application or (as the case may be) the presentation of the bankruptcy ”.
In subsection (3)(a) before “petition” insert “ the making of the bankruptcy application or (as the case may be) the presentation of the bankruptcy ”.
Section 355 (concealment of books and papers; falsification) is amended as follows.
In subsection (2)(d) before “petition” insert “ the making of the bankruptcy application or (as the case may be) the presentation of the bankruptcy ”.
In subsection (3)(b) before “petition” insert “ the making of the bankruptcy application or (as the case may be) the presentation of the bankruptcy ”.
In section 356 (false statements), in subsection (2)(c) before “petition” insert “ the making of the bankruptcy application or (as the case may be) the presentation of the bankruptcy ”.
In section 358 (absconding), in paragraph (b) before “petition” insert “ the making of the bankruptcy application or (as the case may be) the presentation of the bankruptcy ”.
Section 359 (fraudulent dealing with property obtained on credit) is amended as follows.
In subsection (1) before “petition” insert “ the making of the bankruptcy application or (as the case may be) the presentation of the bankruptcy ”.
In subsection (2) before “petition” insert “ the making of the bankruptcy application or (as the case may be) the presentation of the bankruptcy ”.
In section 360 (obtaining credit and engaging in business), in subsection (1)(b) for “adjudged” substitute “ made ”.
Section 364 (power of arrest) is amended as follows.
In subsection (1)(a) after “to whom a” insert “ bankruptcy application or a ”.
In subsection (2) before “presentation” insert “ making of the bankruptcy application or the ”.
In section 376 (time limits), after “anything” insert “ (including anything in relation to a bankruptcy application) ”.
Section 381 (definition of “bankrupt” and associated terminology) is amended as follows.
In subsection (1) for “adjudged” (in both places where it occurs) substitute “ made ”.
After subsection (1) insert—
In subsection (2) for “adjudging” substitute “ making ”.
In section 383 (definition of “creditor” etc.), in subsection (1)(b)—
after “to whom a” insert “ bankruptcy application or ”, and
after “that” insert “ application or ”.
In section 384 (definitions of “prescribed” and “the rules”), in subsection (1) omit “section 273;”.
In section 385 (miscellaneous definitions), in subsection (1)—
before the definition of “the court” insert—,
in the definition of “the debtor”, in paragraph (b)—
before “bankruptcy petition” insert “ bankruptcy application or a ”, and
after “to whom the” insert “ application or ”,
omit the definition of “debtor's petition”, and
before the definition of “dwelling house” insert—.
In section 387 (meaning of “the relevant date”), in subsection (6)(a) after “after” insert “ the making of the bankruptcy application or (as the case may be) ”.
In section 389A (authorisation of nominees and supervisors), in subsection (3)(a) for “adjudged” substitute “ made ”.
In section 390 (persons not qualified to act as insolvency practitioners), in subsection (4)(a) for “adjudged” substitute “ made ”.
Section 415 (fees orders) is amended as follows.
In subsection (1)—
after paragraph (a) omit “and”, and
at the end of paragraph (b) insert.
After subsection (1) insert—
In section 421A (insolvent estates: joint tenancies), in subsection (9) in the definition of “value lost to the estate”, for “adjudged” substitute “ made ”.
In section 424 (who may apply for an order under section 423 in respect of transactions entered into at an undervalue), in subsection (1)(a) for “adjudged” substitute “ made ”.
In Schedule 4ZA (conditions for making a debt relief order), for paragraph 3 substitute—
In Schedule 4A (bankruptcy restrictions orders), paragraph 2 is amended as follows.
In sub-paragraph (2)—
in paragraph (a), for the words from “petition” to the end substitute “ the making of the bankruptcy application or (as the case may be) the presentation of the bankruptcy petition and ending with the date of the application for the bankruptcy restrictions order ”, and
in paragraph (j), for “presentation of the petition” substitute “ the making of the bankruptcy application or (as the case may be) the presentation of the bankruptcy petition ”.
In sub-paragraph (4) omit the definition of “before petition”.
In Schedule 6 (categories of preferential debts), in paragraph 14(1) for “adjudged” substitute “ made ”.
Schedule 9 (provisions capable of inclusion in individual insolvency rules) is amended as follows.
After paragraph 4 insert—
After paragraph 4B (as inserted by sub-paragraph (2)) insert—
After paragraph 24 insert—
In the Table in Schedule 10 (punishment of offences), insert the following entry after the entry relating to section 262A(1)—
In the application of the entry inserted by sub-paragraph (1) in relation to an offence committed before 2 May 2022, the reference in the fourth column to “12 months” is to be read as a reference to “6 months”.
Abolition of Agricultural Wages Board and related English bodies: consequential provision
In section 28 of the Rent (Agriculture) Act 1976 (duty of housing authority upon receiving application that agricultural worker be re-housed etc), in subsection (3), for “The authority” substitute “ If the dwelling-house is in Wales, the authority ”.
The repeals and revocations in the following table have effect.
In section 2—in subsection (1)—the words “England and”, and paragraph (a), and subsection (4).
In section 17—in subsection (1), the definition of “the national minimum wage”, and subsection (1A).
In article 3(1), the words—“Subject to the provisions of this order”, and“an agricultural wages committee for each county in England and”.
In section 35—in subsection (2), paragraph (a) and the word “or” at the end of that paragraph, and in subsection (3), paragraph (b) and the “and” before that paragraph.
In section 16(6)—in the definition of “the agricultural wages legislation”, paragraph (a), and in the definition of “relevant authority”, paragraphs (a), (b) and (c).
In section 16A(5)—in the definition of “enforcement officer”, paragraph (b), and in the definition of “the relevant legislation”, paragraph (b).
In section 47—subsection (1)(a), subsection (2)(a) and (d), subsection (4)(a), in subsection (4)(b), the words “(similar provision for Scotland)”, and subsection (6)(a).
Unnecessary regulation: miscellaneous
Notification of TV sales etc
Wireless Telegraphy Act 1967 (c. 72)
The Wireless Telegraphy Act 1967 (the remaining provisions of which make provision for, and in connection with, the recording and notification of the sale or hire of televisions etc) is repealed.
In consequence, the repeals in the following table have effect.
Saving provision
The repeal of section 3 of the Post Office Act 1969 by paragraph 2 does not affect the construction of any provision mentioned in subsection (1)(i) or (ii) of that section that continues to have effect after the commencement of the repeal.
Water undertakers: in-area ban
Water Industry Act 1991 (c. 56)
In section 2 of the Water Industry Act 1991 (general duties with respect to water industry), omit subsection (3)(d)(iii) (duty of Secretary of State and the Water Services Regulation Authority where a licensed water supplier is connected to a relevant undertaker).
Bankruptcy early discharge procedure
Insolvency Act 1986 (c. 45)
In section 279 of the Insolvency Act 1986 (duration of bankruptcy), omit subsection (2) (bankrupt discharged early if official receiver files with the court a notice stating that investigation of the conduct and affairs of the bankrupt is unnecessary or concluded).
Licensing of copyright and performers' rights
Regulation of licensing bodies
In the Copyright, Designs and Patents Act 1988, before Schedule 1 insert—
Performers' rights
Schedule 2A to the Copyright, Designs and Patents Act 1988 (licensing of performers' property rights) is amended as follows.
In the heading of the Schedule omit “property”.
In paragraph 1, after sub-paragraph (4) insert—
After paragraph 1 insert—
In section 205A of the Copyright, Designs and Patents Act 1988, and in the italic heading before that section (licensing of performers' property rights), omit “property”.