UKPGA-2013-24 Enterprise and Regulatory Reform Act 2013 UK

Current to 2025-08-19

Contents
preamble

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:—

PART 1

UK Green Investment Bank

s. 1 — The green purposes

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s. 2 — Interpretation
s. 2(1)

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s. 2(2)

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s. 2(3)

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s. 2(4)

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s. 2(5)

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s. 2(6)

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s. 2(7)

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s. 2(8)

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s. 2(9)

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.

s. 2(10)

In this Part “UK Green Investment Bank company” means—

s. 2(10)(a)

the UK Green Investment Bank, or

s. 2(10)(b)

a company that is or at any time has been in the same group as the Bank.

s. 2(11)

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.

s. 3 — Alteration of the objects of the UK Green Investment Bank

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s. 4 — Financial assistance
s. 4(1)

... 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.

s. 4(2)

The financial assistance may be given in any form that the Secretary of State, with the consent of the Treasury, considers appropriate.

s. 4(3)

It may in particular be given by way of—

s. 4(3)(a)

grants,

s. 4(3)(b)

loans,

s. 4(3)(c)

guarantees,

s. 4(3)(d)

the purchase of share capital of the company, or

s. 4(3)(e)

the transfer of assets or rights to the company.

s. 4(4)

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).

s. 4(5)

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s. 4(6)

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.

s. 5 — Accounts, reports and payments to directors

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s. 6 — Documents to be laid before Parliament
s. 6(1)

Subsection (2) applies if—

s. 6(1)(a)

... 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

s. 6(1)(b)

as at the date of the meeting, the Crown holds shares in a UK Green Investment Bank company.

s. 6(2)

The Secretary of State must, as soon as practicable after the meeting, lay a copy of the annual accounts and reports before Parliament.

s. 6(3)

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s. 6(4)

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s. 6A — Report on disposal of Crown's shares in UK Green Investment Bank company
s. 6A(1)

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.

s. 6A(2)

The report—

s. 6A(2)(a)

must state—

s. 6A(2)(a)(i)

the kind of disposal, and

s. 6A(2)(a)(ii)

the proportion of the company's share capital retained by the Crown (or that none has been retained); and

s. 6A(2)(b)

must include—

s. 6A(2)(b)(i)

an assessment of how the Secretary of State's objectives for the disposal have been achieved, and

s. 6A(2)(b)(ii)

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.

s. 6A(3)

The Secretary of State must give a copy of the report to—

s. 6A(3)(a)

the Scottish Ministers,

s. 6A(3)(b)

the Welsh Ministers, and

s. 6A(3)(c)

the Office of the First Minister and deputy First Minister in Northern Ireland.

s. 6A(4)

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.

PART 2

Employment

Conciliation

s. 7 — Conciliation before institution of proceedings
s. 7(1)

After section 18 of the Employment Tribunals Act 1996 (conciliation) insert—

s. 7(2)

Schedule 1 (conciliation: minor and consequential amendments) has effect.

s. 8 — Extension of limitation periods to allow for conciliation

Schedule 2 (extension of limitation periods to allow for conciliation) has effect.

s. 9 — Extended power to define “relevant proceedings” for conciliation purposes
s. 9(1)

Section 18 of the Employment Tribunals Act 1996 (conciliation) is amended as follows.

s. 9(2)

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. ”

s. 9(3)

After subsection (8) insert—

ACAS

s. 10 — ACAS: prohibition on disclosure of information

In Part 6 of the Trade Union and Labour Relations (Consolidation) Act 1992 (ACAS etc), after section 251A insert—

Procedure for deciding tribunal cases

s. 11 — Decisions by legal officers
s. 11(1)

In section 4 of the Employment Tribunals Act 1996 (composition of a tribunal), after subsection (6C) insert—

s. 11(2)

In section 41(2) of that Act (orders etc subject to affirmative resolution procedure), after “section 4(4)” insert “ or (6D) ”.

s. 12 — Composition of Employment Appeal Tribunal
s. 12(1)

The Employment Tribunals Act 1996 is amended as set out in subsections (2) to (4).

s. 12(2)

In section 28 (composition of Appeal Tribunal), for subsections (2) to (4A) substitute—

s. 12(3)

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 ”.

s. 12(4)

In section 41(2) (orders etc subject to affirmative resolution procedure), before “or 40” insert “ , 28(5) ”.

s. 12(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

s. 13 — Dismissal for political opinions: no qualifying period of employment

In section 108 of the Employment Rights Act 1996 (qualifying period of employment), after subsection (3) insert—

s. 14 — Confidentiality of negotiations before termination of employment

After section 111 of the Employment Rights Act 1996 insert—

s. 15 — Power by order to increase or decrease limit of compensatory award
s. 15(1)

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.

s. 15(2)

The limit as so varied may be—

s. 15(2)(a)

a specified amount, or

s. 15(2)(b)

the lower of—

s. 15(2)(b)(i)

a specified amount, and

s. 15(2)(b)(ii)

a specified number multiplied by a week's pay of the individual concerned.

s. 15(3)

Different amounts may be specified by virtue of subsection (2)(a) or (b)(i) in relation to employers of different descriptions.

s. 15(4)

An amount specified by virtue of subsection (2)(a) or (b)(i)—

s. 15(4)(a)

may not be less than median annual earnings;

s. 15(4)(b)

may not be more than three times median annual earnings.

s. 15(5)

A number specified by virtue of subsection (2)(b)(ii) may not be less than 52.

s. 15(6)

An order under this section may make consequential, supplemental, transitional, transitory or saving provision.

s. 15(7)

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).

s. 15(8)

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.

s. 15(9)

In this section “median annual earnings” means—

s. 15(9)(a)

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

s. 15(9)(b)

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.

s. 15(10)

In section 34 of the Employment Relations Act 1999 (indexation of amounts etc), after subsection (4) insert—

Financial penalties

s. 16 — Power of employment tribunal to impose financial penalty on employers etc
s. 16(1)

After section 12 of the Employment Tribunals Act 1996 insert—

s. 16(2)

Schedule 3 (financial penalties: minor and consequential amendments) has effect.

Protected disclosures

s. 17 — Disclosures not protected unless believed to be made in the public interest

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 ”.

s. 18 — Power to reduce compensation where disclosure not made in good faith
s. 18(1)

Omit the words “in good faith” in the following provisions of Part 4A of the Employment Rights Act 1996 (protected disclosures)—

s. 18(1)(a)

subsection (1) of section 43C (disclosure to employer or other responsible person);

s. 18(1)(b)

paragraph (b) of section 43E (disclosure to Minister of the Crown);

s. 18(1)(c)

subsection (1)(a) of section 43F (disclosure to prescribed person).

s. 18(2)

In section 43G of that Act (disclosure in other cases), in subsection (1)—

s. 18(2)(a)

omit paragraph (a);

s. 18(2)(b)

in paragraph (b), for “he” substitute “ the worker ”.

s. 18(3)

In section 43H of that Act (disclosure of exceptionally serious failure), in subsection (1)—

s. 18(3)(a)

omit paragraph (a);

s. 18(3)(b)

in paragraph (b), for “he” substitute “ the worker ”.

s. 18(4)

In section 49 of that Act (remedies for detriment suffered in employment), after subsection (6) insert—

s. 18(5)

In section 123 of that Act (compensatory award for unfair dismissal), after subsection (6) insert—

s. 19 — Worker subjected to detriment by co-worker or agent of employer
s. 19(1)

In section 47B of the Employment Rights Act 1996 (protected disclosures), after subsection (1) insert—

s. 19(2)

In section 48 of that Act (complaints to employment tribunals), in subsection (5)—

s. 19(2)(a)

for “includes, where” substitute;

s. 19(2)(b)

at the end insert—

s. 20 — Extension of meaning of “worker”
s. 20(1)

Section 43K of the Employment Rights Act 1996 (extension of meaning of “worker”) is amended as set out in subsections (2) to (7).

s. 20(2)

In subsection (1)(ba)—

s. 20(2)(a)

for “section 84 or 100 of” substitute “ section 83(2), 84, 92, 100, 107, 115(4), 117 or 134 of, or Schedule 12 to, ”;

s. 20(2)(b)

for “section 42 or 57 of” substitute “ section 41(2)(b), 42, 50, 57, 64 or 92 of, or Schedule 7 to, ”;

s. 20(2)(c)

omit the words after “the National Health Service (Wales) Act 2006”.

s. 20(3)

In subsection (1)(bb), after “section 17J” insert “ or 17Q ”.

s. 20(4)

In subsection (1)(c)—

s. 20(4)(a)

for the words before “in accordance with arrangements” substitute “ works or worked as a person providing services ”;

s. 20(4)(b)

in sub-paragraph (ii), after “section” insert “ 2C, 17AA, 17C, ”.

s. 20(5)

Omit subsection (1)(ca) and the preceding “or”.

s. 20(6)

Omit subsection (2)(ba).

s. 20(7)

After subsection (3) insert—

s. 20(8)

In section 236(3) of that Act (orders etc subject to affirmative resolution procedure), after “shall be made under section” insert “ 43K(4), ”.”

s. 20(9)

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).

s. 20(10)

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

s. 21 — Tribunal procedure: miscellaneous
s. 21(1)

The Employment Tribunals Act 1996 is amended as follows.

s. 21(2)

In section 9 (pre-hearing reviews and preliminary matters), in subsection (2) (deposit orders), in paragraph (a)—

s. 21(2)(a)

omit “, if he wishes to continue to participate in those proceedings,”;

s. 21(2)(b)

after “an amount not exceeding £1,000” insert.

s. 21(3)

In section 13A (payments in respect of preparation time)—

s. 21(3)(a)

in subsection (3), after “shall also” insert “ , subject to subsection (4), ”;

s. 21(3)(b)

after subsection (3) insert—

s. 21(4)

In section 42 (interpretation), in subsection (1), after the definition of “employment tribunal procedure regulations” insert—.

s. 22 — Indexation of amounts: timing and rounding
s. 22(1)

Section 34 of the Employment Relations Act 1999 (indexation of amounts, etc) is amended as follows.

s. 22(2)

In subsection (2)—

s. 22(2)(a)

omit “as soon as practicable”;

s. 22(2)(b)

at the end insert “ , with effect from the following 6th April ”.

s. 22(3)

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 ”.

s. 23 — Renaming of “compromise agreements”, “compromise contracts” and “compromises”
s. 23(1)

In the following provisions, for “compromise” (in each place where it occurs) substitute “ settlement ”

s. 23(1)(a)

section 288(2A) and (2B) of the Trade Union and Labour Relations (Consolidation) Act 1992 (restriction on contracting out);

s. 23(1)(b)

section 203(2)(f) and (3) of the Employment Rights Act 1996 (restrictions on contracting out);

s. 23(1)(c)

section 58(4) and (5) of the Pensions Act 2008 (restrictions on agreements to limit operation of Part 1).

s. 23(2)

In section 19A of the Employment Tribunals Act 1996 (conciliation: recovery of sums payable under compromises)—

s. 23(2)(a)

in subsections (1), (3), (4), (5) and (6), for “compromise” (in each place where it occurs) substitute “ settlement ”;

s. 23(2)(b)

in subsection (12)—

s. 23(2)(b)(i)

for “compromise” (in the first two places it occurs) substitute “ settlement ”;

s. 23(2)(b)(ii)

omit “, or compromise,”;

s. 23(2)(c)

in the heading, for “compromises” substitute “ settlements ”.

s. 23(3)

In section 49 of the National Minimum Wage Act 1998 (restrictions on contracting out)—

s. 23(3)(a)

in subsections (3) and (4), for “compromise” (in each place where it occurs) substitute “ settlement ”;

s. 23(3)(b)

after subsection (8) insert—

s. 23(4)

In section 28 of the Equality Act 2006 (legal assistance), in subsection (11), for “compromise contract or agreement” substitute “ settlement agreement ”.

s. 23(5)

In section 144 of the Equality Act 2010 (contracting out), in subsection (4)(b), for “compromise contract” substitute “ settlement agreement ”.

s. 23(6)

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

s. 24 — Transitional provision
s. 24(1)

Section 10 does not apply in relation to a disclosure, or a request for information, made before that section comes into force.

s. 24(2)

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.

s. 24(3)

Section 13 does not apply where the effective date of termination of the contract of employment in question is earlier than the date on which that section comes into force.“Effective date of termination” here has the meaning given by section 97(1) of the Employment Rights Act 1996.

s. 24(4)

Section 14 does not apply to any offer made or discussions held before the commencement of that section.

s. 24(5)

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).

s. 24(6)

Section 17, 18, 19 or 20 does not apply to a qualifying disclosure made before the section comes into force.“Qualifying disclosure” here has the meaning given by section 43B of the Employment Rights Act 1996.

PART 3

The Competition and Markets Authority

s. 25 — The Competition and Markets Authority
s. 25(1)

There is to be a body corporate known as the Competition and Markets Authority.

s. 25(2)

In this Part that body is referred to as “the CMA”.

s. 25(3)

The CMA must seek to promote competition, both within and outside the United Kingdom, for the benefit of consumers.

s. 25(4)

Schedule 4 (which makes provision about the CMA) has effect.

s. 25(5)

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.

s. 26 — Abolition of the Competition Commission and the OFT
s. 26(1)

The Competition Commission is abolished.

s. 26(2)

The Office of Fair Trading is abolished.

s. 26(3)

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.

s. 26(4)

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.

s. 27 — Transfer schemes
s. 27(1)

The Secretary of State may make one or more transfer schemes in connection with—

s. 27(1)(a)

the establishment of the CMA under this Act,

s. 27(1)(b)

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

s. 27(1)(c)

the abolition of that Commission or that Office under this Act.

s. 27(2)

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—

s. 27(2)(a)

the CMA, or

s. 27(2)(b)

a Minister of the Crown (as defined by section 8 of the Ministers of the Crown Act 1975).

s. 27(3)

The things that may be transferred under a transfer scheme include—

s. 27(3)(a)

property, rights and liabilities that could not otherwise be transferred;

s. 27(3)(b)

property acquired, and rights and liabilities arising, after the making of the scheme.

s. 27(4)

A transfer scheme may make consequential, supplementary, incidental or transitional provision and may in particular—

s. 27(4)(a)

create rights, or impose liabilities, in relation to property or rights transferred;

s. 27(4)(b)

make provision about the continuing effect of things done by the transferor in respect of anything transferred;

s. 27(4)(c)

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;

s. 27(4)(d)

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;

s. 27(4)(e)

make provision for the shared ownership or use of property;

s. 27(4)(f)

make provision that is the same as or similar to the TUPE regulations.

s. 27(5)

A transfer scheme may provide—

s. 27(5)(a)

for the scheme to be modified by agreement after it comes into effect;

s. 27(5)(b)

for modifications to have effect from the date when the scheme first came into effect.

s. 27(6)

For the purposes of this section—

s. 27(6)(a)

an individual who holds employment in the civil service is to be treated as employed by virtue of a contract of employment, and

s. 27(6)(b)

the terms of the individual's employment in the civil service are to be regarded as constituting the terms of the contract of employment.

s. 27(7)

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.

s. 28 — Transitional provision: consultation
s. 28(1)

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.

s. 28(2)

At any time before the provision comes into force, the Office of Fair Trading or the Competition Commission or both bodies acting jointly—

s. 28(2)(a)

may carry out any consultation that the CMA would have power to carry out after the provision comes into force, and

s. 28(2)(b)

for that purpose, may prepare drafts of any documents to which the consultation relates.

s. 28(3)

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.

s. 28(4)

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).

PART 4

Competition Reform

Investigation powers

s. 29 — Investigation powers: mergers
s. 29(1)

Section 109 of the Enterprise Act 2002 (“the 2002 Act”) (investigation powers in connection with attendance of witnesses etc.) is amended as follows.

s. 29(2)

Before subsection (1) insert—

s. 29(3)

In subsection (1), for the words from the beginning to “under this Part,” substitute “ The CMA may, for a permitted purpose, ”.

s. 29(4)

In subsection (2), for the words from the beginning to “under this Part,” substitute “ The CMA may, for a permitted purpose, ”.

s. 29(5)

In subsection (3), for the words from the beginning to “under this Part,” substitute “ The CMA may, for a permitted purpose, ”.

s. 29(6)

In subsection (4), after “shall” insert.

s. 29(7)

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 ”.

s. 29(8)

In subsection (6), for the words from “for the purpose of” to “under this Part” substitute “ for a permitted purpose ”.

s. 29(9)

After subsection (8) insert—

s. 29(10)

In section 110 (enforcement of powers under section 109: general), omit subsection (4).

s. 29(11)

After section 110 insert—

s. 29(12)

In section 111 (penalties), in subsection (5)(b)—

s. 29(12)(a)

in sub-paragraph (i), omit “or (as the case may be) the obstruction or delay is removed”, and

s. 29(12)(b)

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

s. 30 — Interim measures: pre-emptive action: mergers
s. 30(1)

Omit section 71 of the 2002 Act (initial undertakings: completed mergers).

s. 30(2)

Section 72 of that Act (initial enforcement orders: completed mergers) is amended as follows.

s. 30(3)

For subsection (1) substitute—

s. 30(4)

Omit subsection (3).

s. 30(5)

Before subsection (4) insert—

s. 30(6)

After subsection (3B) insert—

s. 30(7)

In subsection (6), in each of paragraphs (a) and (d), after “section 22” insert “ or 33 ”.

s. 30(8)

After subsection (7) insert—

s. 30(9)

In the heading for “completed mergers” substitute “ completed or anticipated mergers ”.

s. 30(10)

Schedule 7 (which makes further provision about interim measures under Part 3 of the 2002 Act) has effect.

s. 31 — Interim measures: financial penalties: mergers
s. 31(1)

After section 94 of the 2002 Act (rights to enforce undertakings and orders under Part 3) insert—

s. 31(2)

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) ”.

s. 31(3)

In section 124 of that Act (orders and regulations under Part 3)—

s. 31(3)(a)

in subsection (4), before “or 102” insert “ , 94A(6) ”, and

s. 31(3)(b)

in subsection (5), before “111(4) or (6),” insert “ 94A(3) or (6), ”.

Time-limits

s. 32 — Time-limits etc: mergers
s. 32(1)

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 ”.

s. 32(2)

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

s. 33 — Power of CMA to make cross-market references
s. 33(1)

Section 131 of the 2002 Act (power to make market investigation references) is amended as follows.

s. 33(2)

After subsection (2) insert—

s. 33(3)

In subsection (4)(a), for “section 156(1)” substitute “ section 156(A1) or (1) ”.

s. 33(4)

In subsection (6)—

s. 33(4)(a)

before the definition of “market in the United Kingdom” insert—, and

s. 33(4)(b)

after the definition of “market investigation reference” insert—.

s. 34 — Ministerial power to make cross-market references
s. 34(1)

Section 132 of the 2002 Act (ministerial power to make market investigation references) is amended as follows.

s. 34(2)

After subsection (3) insert—

s. 34(3)

In subsection (4), for “section 156(1)” substitute “ section 156(A1) or (1) ”.

s. 34(4)

Schedule 9 (which contains amendments of Part 4 of the 2002 Act which are consequential on section 33 and this section) has effect.

Public interest interventions

s. 35 — Public interest interventions in markets investigations
s. 35(1)

Part 4 of the 2002 Act (market investigations) is amended as follows.

s. 35(2)

Section 139 (power of Secretary of State to give public interest intervention notices) is amended as follows.

s. 35(3)

For subsection (1) substitute—

s. 35(4)

In subsection (2)—

s. 35(4)(a)

in the words before paragraph (a), after “may” insert “ , within the permitted period, ”,

s. 35(4)(b)

in paragraph (a)(i), after “131” insert “ in relation to the matter ”, and

s. 35(4)(c)

in paragraph (c), for “case” (in the second place where it occurs) substitute “ proposal to accept the undertaking ”.

s. 35(5)

After subsection (2) insert—

s. 35(6)

For subsection (4) substitute—

s. 35(7)

After subsection (4B) insert—

s. 35(8)

After section 140 insert—

s. 35(9)

After section 141 insert—

s. 35(10)

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

s. 36 — Investigation powers: markets
s. 36(1)

Section 174 of the 2002 Act (investigation powers) is amended as follows.

s. 36(2)

For subsections (1) and (2) substitute—

s. 36(3)

In subsection (6), after “shall” insert.

s. 36(4)

After subsection (6) insert—

s. 36(5)

In subsection (7), for “the purpose mentioned in subsection (1)” substitute “ a permitted purpose ”.

s. 36(6)

After subsection (9) insert—

s. 36(7)

For the heading substitute “ Attendance of witnesses and production of documents etc. ”.

s. 36(8)

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

s. 37 — Interim measures: pre-emptive action: markets
s. 37(1)

Part 4 of the 2002 Act (market investigations) is amended as follows.

s. 37(2)

In section 157 (interim undertakings: Part 4), after subsection (2) insert—

s. 37(3)

After subsection (2B) of that section insert—

s. 37(4)

In section 158 (interim orders: Part 4), after subsection (2) insert—

s. 37(5)

After subsection (2B) of that section insert—

Time-limits and procedure

s. 38 — Market studies and market investigations: consultation and time-limits

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

s. 39 — Investigations: power to ask questions
s. 39(1)

Part 1 of the Competition Act 1998 (“the 1998 Act”) (competition) is amended as follows.

s. 39(2)

After section 26 (powers when conducting investigations) insert—

s. 39(3)

For the heading of section 26 substitute “ Investigations: powers to require documents and information ”.

s. 39(4)

Section 30A (use of statements in prosecution) is amended as follows.

s. 39(5)

The existing text becomes subsection (1).

s. 39(6)

In subsection (1), for “26 to 28A” substitute “ 26 and 27 to 28A ”.

s. 39(7)

After that subsection insert—

s. 40 — Civil enforcement of investigation powers
s. 40(1)

Part 1 of the 1998 Act (competition) is amended as follows.

s. 40(2)

After section 40 insert—

s. 40(3)

Section 38 (guidance about appropriate level of penalties under section 36) is amended as follows.

s. 40(4)

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 ”.

s. 40(5)

In subsection (1A), for “a penalty under this Part” substitute “ such a penalty ”.

s. 40(6)

In subsection (8), after “under this Part” insert “ in respect of an infringement of a kind mentioned in subsection (1) ”.

s. 40(7)

Section 42 (offences of failure to comply with requirements imposed in investigations and obstruction) is amended as follows.

s. 40(8)

Omit subsections (1) to (4).

s. 40(9)

In subsection (6), omit “(1) or”.

s. 41 — Extension of powers to issue warrants to CAT

Schedule 13 (which amends the 1998 Act to extend the powers under that Act to issue warrants to the Competition Appeal Tribunal) has effect.

s. 42 — Part 1 of the 1998 Act: procedural matters
s. 42(1)

Part 1 of the 1998 Act (competition) is amended as follows.

s. 42(2)

After section 25 (power to investigate) insert—

s. 42(3)

Schedule 9 (examples of provision that may be made in rules) is amended as follows.

s. 42(4)

After paragraph 1 insert—

s. 42(5)

After paragraph 13 insert—

s. 42(6)

After paragraph 13A insert—

s. 42(7)

After paragraph 13B insert—

Interim measures and other sanctions

s. 43 — Threshold for interim measures

In section 35 of the 1998 Act (interim measures), in subsection (2)(a), for “serious, irreparable damage” substitute “ significant damage ”.

s. 44 — Penalties: guidance etc.
s. 44(1)

Part 1 of the 1998 Act (competition) is amended as follows.

s. 44(2)

In section 36 (penalties), after subsection (7) insert—

s. 44(3)

In section 38 (guidance on level of penalties), in subsection (8), before “must have regard” insert “ and the Tribunal ”.

Miscellaneous

s. 45 — Power for Secretary of State to impose time-limits on investigations etc.

After section 31E of the 1998 Act insert—

s. 46 — Review of operation of Part 1 of 1998 Act
s. 46(1)

The Secretary of State must—

s. 46(1)(a)

review the operation of Part 1 of the 1998 Act, and

s. 46(1)(b)

prepare and publish a report on the outcome of the review.

s. 46(2)

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.

s. 46(3)

The Secretary of State must lay the report before Parliament.

s. 47 — Cartel offence
s. 47(1)

Section 188 of the 2002 Act (cartel offence) is amended as follows.

s. 47(2)

In subsection (1), omit “dishonestly”.

s. 47(3)

Omit subsection (6).

s. 47(4)

After subsection (7) insert—

s. 47(5)

After that section insert—

s. 47(6)

After section 188A (as inserted by subsection (5) above) insert—

s. 47(7)

After section 190 of the 2002 Act insert—

s. 47(8)

The amendments made by subsections (1) to (6) apply only in relation to agreements falling within section 188(1) of the 2002 Act which—

s. 47(8)(a)

are made after the commencement of this section, and

s. 47(8)(b)

relate to arrangements made or to be made after that commencement.

s. 48 — Extension of power to issue warrants to CAT
s. 48(1)

Section 194 of the 2002 Act (power to enter premises under a warrant) is amended as follows.

s. 48(2)

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 ”.

s. 48(3)

After subsection (1) insert—

s. 48(4)

After subsection (4) insert—

s. 48(5)

In Schedule 4 to that Act, before paragraph 11, but after the cross-heading immediately preceding it, insert—

s. 48(6)

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

s. 49 — Enforcement orders: monitoring compliance and determination of disputes

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—

s. 50 — Enforcement orders: provision of information
s. 50(1)

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.

s. 50(2)

Omit paragraph 15 (publication etc. of price information).

s. 50(3)

Paragraph 17 (publication etc. of other information) is amended as follows.

s. 50(4)

In sub-paragraph (1)—

s. 50(4)(a)

in the words before paragraph (a), after “publish” insert “ or otherwise notify ”, and

s. 50(4)(b)

after paragraph (c) insert—

s. 50(5)

After sub-paragraph (1) insert—

s. 50(6)

In paragraph 18 (supplementary provision about orders under paragraphs 15 and 17), omit “15 or”.

Concurrency

s. 51 — Powers of sectoral regulators
s. 51(1)

Section 54 of the 1998 Act (concurrent powers for regulators) is amended as follows.

s. 51(2)

In subsection (6)—

s. 51(2)(a)

after “may” insert, and

s. 51(2)(b)

after “Secretary of State” insert “ , the CMA ”.

s. 51(3)

After subsection (6) insert—

s. 51(4)

After subsection (6A) insert—

s. 51(5)

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.

s. 52 — Power to remove concurrent competition functions of sectoral regulators
s. 52(1)

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.

s. 52(2)

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—

s. 52(2)(a)

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;

s. 52(2)(b)

all the functions of the regulator under Part 4 of the 2002 Act that are exercisable concurrently by the regulator and the CMA.

s. 52(3)

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.

s. 52(4)

Each of the following is a sectoral regulator—

s. 52(4)(a)

the Office of Communications;

s. 52(4)(b)

the Gas and Electricity Markets Authority;

s. 52(4)(c)

the Water Services Regulation Authority;

s. 52(4)(d)

the Office of Rail and Road ;

s. 52(4)(e)

the Northern Ireland Authority for Utility Regulation;

s. 52(4)(f)

the Civil Aviation Authority.

s. 52(4)(g)

the Payment Systems Regulator established under section 40 of the Financial Services (Banking Reform) Act 2013.

s. 52(4)(h)

the Financial Conduct Authority.

s. 52(5)

A sectoral regulator order may include transitional, transitory or saving provision.

s. 52(6)

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.

s. 52(7)

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.

s. 52(8)

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.

s. 53 — Orders under section 52: procedural requirements
s. 53(1)

If the Secretary of State proposes to make a sectoral regulator order, the Secretary of State must carry out the first stage consultation.

s. 53(2)

The first stage consultation is consultation with—

s. 53(2)(a)

the regulator whose functions would be removed by the order,

s. 53(2)(b)

the Competition and Markets Authority,

s. 53(2)(c)

where the regulator is the Office of Rail and Road , the Scottish Ministers,

s. 53(2)(d)

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

s. 53(2)(e)

where the regulator is the Water Services Regulation Authority, the Welsh Ministers.

s. 53(3)

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.

s. 53(4)

The second stage consultation is consultation with—

s. 53(4)(a)

the persons consulted at the first stage,

s. 53(4)(b)

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”),

s. 53(4)(c)

any bodies who appear to the Secretary of State to represent the interests of persons who use the services supplied by regulated providers, and

s. 53(4)(d)

such other persons as the Secretary of State considers appropriate.

s. 53(5)

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—

s. 53(5)(a)

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;

s. 53(5)(b)

the reasons why the Secretary of State considers it appropriate to make the order.

s. 53(6)

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.

s. 53(7)

In this section, “sectoral regulator order” has the same meaning as in section 52.

Miscellaneous

s. 54 — Recovery of CMA's costs in respect of price control references

After section 193 of the Communications Act 2003 (reference of price control matters) insert—

s. 55 — Disclosure etc. of information: offences

In section 241 of the 2002 Act (disclosure of information for the purpose of exercise of statutory functions), after subsection (2) insert—

s. 56 — Review of certain provisions of Chapters 1 and 2
s. 56(1)

The Secretary of State must, before the end of each review period—

s. 56(1)(a)

carry out a review of the provisions of this Part mentioned in subsection (2), and

s. 56(1)(b)

prepare and publish a report setting out the conclusions of the review.

s. 56(2)

The provisions of this Part are—

s. 56(2)(a)

sections 29 and 36 and Schedule 11 (investigation powers: mergers and markets),

s. 56(2)(b)

section 30 and Schedule 7 (interim measures and pre-emptive action: mergers), and

s. 56(2)(c)

sections 32 and 38 and Schedules 8 and 12 (time-limits etc: mergers and markets).

s. 56(3)

The report must in particular—

s. 56(3)(a)

set out the objectives intended to be achieved by the provisions,

s. 56(3)(b)

assess the extent to which those objectives have been achieved, and

s. 56(3)(c)

assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in another way which imposed less regulation.

s. 56(4)

The Secretary of State must lay the report before Parliament.

s. 56(5)

Each of the following is a review period for the purposes of this section—

s. 56(5)(a)

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

s. 56(5)(b)

each successive period of 5 years.

s. 57 — Minor and consequential amendments

Schedule 15 (which makes minor and consequential amendments related to this Part) has effect.

s. 58 — Interpretation

In this Part—“the 1998 Act” means the Competition Act 1998;“the 2002 Act” means the Enterprise Act 2002.

PART 5

Reduction of legislative burdens

Sunset and review

s. 59 — Sunset and review provisions
s. 59(1)

The Interpretation Act 1978 is amended as follows.

s. 59(2)

After section 14 (implied power to amend) insert—

s. 59(3)

In paragraph 1 of Schedule 2, after the entry for section 11 insert— “ Section 14A ”.

Heritage planning etc

s. 60 — Listed buildings in England: agreements and orders granting listed building consent
s. 60(1)

The Planning (Listed Buildings and Conservation Areas) Act 1990 is amended as follows.

s. 60(2)

In Chapter 2 of Part 1, after section 26 insert—

s. 60(3)

After section 26B insert—

s. 60(4)

After section 28 insert—

s. 60(5)

Schedule 16 (which inserts Schedule 2A to the Planning (Listed Buildings and Conservation Areas) Act 1990) has effect.

s. 61 — Listed buildings in England: certificates of lawfulness

In the Planning (Listed Buildings and Conservation Areas) Act 1990 after section 26G insert—

s. 62 — Osborne estate
s. 62(1)

Section 1 of the Osborne Estate Act 1902 is amended as follows.

s. 62(2)

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”.

s. 62(3)

Omit subsection (4)(b) (part of house and grounds to be used for the benefit of officers and their families).

s. 62(4)

Omit the following provisions (which relate to land no longer forming part of the Osborne estate)—

s. 62(4)(a)

in subsection (3) the words from “and the part” to “Barton House and grounds)”;

s. 62(4)(b)

in subsection (4) the words from “And the Commissioners” to the end.

s. 62(5)

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.

s. 63 — Heritage planning regulation

Schedule 17 (heritage planning regulation) has effect.

Equality Acts

s. 64 — Commission for Equality and Human Rights
s. 64(1)

In the Equality Act 2006 omit—

s. 64(1)(a)

sections 10(1) and (4) to (8) and 19 (groups);

s. 64(1)(b)

section 27 (conciliation).

s. 64(2)

In section 12(4)(b) of that Act (monitoring progress: reports every three years) for “three” substitute “ five ”.

s. 64(3)

The following subsections make further amendments to the Equality Act 2006.

s. 64(4)

In section 7(3) (Scotland: human rights) omit “or 10”.

s. 64(5)

In section 9(4) and (5) (human rights) omit “or 10”.

s. 64(6)

In section 12 (monitoring progress)—

s. 64(6)(a)

in subsection (1)(a) for “the aim specified in section 3” substitute “ the duties specified in sections 8 and 9 ”;

s. 64(6)(b)

in subsection (1)(b) for “the development of the society described in section 3” substitute “ changes in society that are consistent with those duties ”.

s. 64(7)

In section 13(1) (information, advice etc) for “to 10” substitute “ and 9 ”.

s. 64(8)

In section 16(1) (inquiries) for “, 9 and 10” substitute “ and 9 ”.

s. 64(9)

In section 17(1) (grants) for “to 10” substitute “ and 9 ”.

s. 64(10)

In section 39(4) (orders and regulations) for “10(6), 15(6) or 27(10)” substitute “ 15(6) ”.

s. 64(11)

In Schedule 1 (the Commission)—

s. 64(11)(a)

in paragraph 39 omit “or 27”;

s. 64(11)(b)

omit paragraph 52(1)(a)(v) and (vi) and (b);

s. 64(11)(c)

for paragraph 52(3)(b) substitute—;

s. 64(11)(d)

in paragraph 52(3)(c) omit “, 27(2) and (3)”.

s. 64(12)

The following subsections amend the Equality Act 2010 in consequence of subsection (1).

s. 64(13)

In section 118 (time limits)—

s. 64(13)(a)

in subsection (2) omit “or (4)”;

s. 64(13)(b)

omit subsection (4).

s. 64(14)

In Schedule 17 (disabled pupils: enforcement) omit—

s. 64(14)(a)

paragraph 4(2) (time limits where dispute referred to conciliation under section 27 of the Equality Act 2006);

s. 64(14)(b)

in paragraph 4(2A), “or for conciliation in pursuance of arrangements under section 27 of the Equality Act 2006”.

s. 65 — Equality Act 2010: third party harassment of employees

In section 40 of the Equality Act 2010 (employees and applicants: harassment) omit subsections (2) to (4).

s. 66 — Equality Act 2010: obtaining information for proceedings
s. 66(1)

In the Equality Act 2010, omit section 138 (obtaining information, etc).

s. 66(2)

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

s. 67 — Primary authorities
s. 67(1)

Section 22 of the Regulatory Enforcement and Sanctions Act 2008 (scope of Part 2) is amended in accordance with subsections (2) to (5).

s. 67(2)

Before subsection (1), insert—

s. 67(3)

In subsection (1), for the words from “This Part” to “a person” substitute.

s. 67(4)

After subsection (1) insert—

s. 67(5)

For subsection (2) substitute—

s. 67(6)

In section 24 of that Act, after subsection (6) insert—

s. 67(7)

In section 26(2) of that Act (nomination of primary authorities), for “The Secretary of State” substitute “ Where the Secretary of State has been satisfied that the regulated person is within section 22(1), the Secretary of State ”.

s. 68 — Inspection plans
s. 68(1)

Section 30 of the Regulatory Enforcement and Sanctions Act 2008 (inspection plans) is amended as follows.

s. 68(2)

After subsection (3) insert—

s. 68(3)

In subsection (7)—

s. 68(3)(a)

for the words from the beginning to “exercising” substitute “ Where the primary authority exercises ”;

s. 68(3)(b)

after “regulated person” insert “ , it ”.

s. 68(4)

After subsection (7) insert—

s. 68(5)

Omit subsection (8).

s. 68(6)

In subsection (9) for “(8)” substitute “ (7A)(a) ”.

s. 68(7)

After subsection (9) insert—

s. 68(8)

In subsection (10), for “(9)” substitute “ (9B) ”.

s. 68(9)

After subsection (10) insert—

Miscellaneous

s. 69 — Civil liability for breach of health and safety duties
s. 69(1)

Section 47 of the Health and Safety at Work etc. Act 1974 (civil liability) is amended as set out in subsections (2) to (7).

s. 69(2)

In subsection (1), omit paragraph (b) (including the “or” at the end of that paragraph).

s. 69(3)

For subsection (2) substitute—

s. 69(4)

In subsection (3), omit the words from “, whether brought by virtue of subsection (2)” to the end.

s. 69(5)

In subsection (4)—

s. 69(5)(a)

for “and (2)” substitute “ , (2) and (2A) ”, and

s. 69(5)(b)

for “(3)” substitute “ (2B)(a) ”.

s. 69(6)

Omit subsections (5) and (6).

s. 69(7)

After subsection (6) insert—

s. 69(8)

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.

s. 69(9)

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.

s. 69(10)

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.

s. 70 — Estate agency work

In section 1 of the Estate Agents Act 1979 (estate agency work), for subsection (4) substitute—

s. 71 — Bankruptcy applications: determination by adjudicators
s. 71(1)

In Part 14 of the Insolvency Act 1986 (public administration (England and Wales)), before section 399 and the cross-heading which precedes it insert—

s. 71(2)

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).

s. 71(3)

Schedule 19 (adjudicators: minor and consequential amendments) has effect.

s. 72 — Abolition of Agricultural Wages Board and related English bodies
s. 72(1)

The Agricultural Wages Board for England and Wales is abolished.

s. 72(2)

Every agricultural wages committee for an area in England is abolished.

s. 72(3)

Every agricultural dwelling-house advisory committee for an area in England is abolished.

s. 72(4)

Schedule 20 (abolition of Agricultural Wages Board and related English bodies: consequential provision) has effect.

s. 73 — Unnecessary regulation: miscellaneous

Schedule 21 (unnecessary regulation: miscellaneous) has effect.

PART 6

Miscellaneous and general

s. 74 — Exploitation of design derived from artistic work
s. 74(1)

The Copyright, Designs and Patents Act 1988 is amended as follows.

s. 74(2)

Omit section 52 (effect of exploitation of design derived from artistic work).

s. 74(3)

In consequence omit the following—

s. 74(3)(a)

section 79(4)(g);

s. 74(3)(b)

in Schedule 1 paragraph 20.

s. 75 — Penalties under provision amending exceptions: copyright and rights in performances

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 amending—

s. 75(a)

Chapter 3 of Part 1 of the Copyright, Designs and Patents Act 1988 (acts permitted in relation to copyright works), or

s. 75(b)

Schedule 2 to that Act (rights in performances: permitted acts).

s. 76 — Power to reduce duration of copyright in transitional cases
s. 76(1)

Section 170 of the Copyright, Designs and Patents Act 1988 (transitional provisions and savings) is amended as follows.

s. 76(2)

At the beginning insert “ (1) ”.

s. 76(3)

At the end insert—

s. 77 — Licensing of copyright and performers' rights
s. 77(1)

The Copyright, Designs and Patents Act 1988 is amended as follows.

s. 77(2)

In section 116 (licensing schemes and licensing bodies) after subsection (4) insert—

s. 77(3)

After section 116 insert—

s. 77(4)

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.

s. 78 — Penalties under provision implementing Directive on term of protection

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

s. 79 — Members' approval of directors' remuneration policy
s. 79(1)

In section 421 of the Companies Act 2006 (contents of directors' remuneration report) after subsection (2) insert—

s. 79(2)

After section 422 of that Act (approval and signing of directors' remuneration report) insert—

s. 79(3)

In section 439 of that Act (quoted companies: members' approval of directors' remuneration report), in subsection (1), at the end insert “other than the part containing the directors' remuneration policy (as to which see section 439A).”

s. 79(4)

After that section insert—

s. 80 — Restrictions on payments to directors

After section 226 of the Companies Act 2006 insert—

s. 81 — Payments to directors: minor and consequential amendments

.

s. 81(1)

The Companies Act 2006 is amended as follows.

s. 81(2)

In section 180 (consent, approval or authorisation by members)—

s. 81(2)(a)

in subsection (2), in the words before paragraph (a)—

s. 81(2)(a)(i)

after “Chapter 4” insert “ or 4A ”, and

s. 81(2)(a)(ii)

for “that Chapter” substitute “ either of those Chapters ”,

s. 81(2)(b)

in that subsection, in paragraph (a), for “that Chapter” substitute “ the Chapter concerned ”, and

s. 81(2)(c)

in subsection (3), after “Chapter 4” insert “ or 4A ”.

s. 81(3)

In section 190 (substantial property transactions: requirement of members' approval), in subsection (6)(b), for the words in brackets substitute “ (payments to which the requirements of Chapter 4 or 4A apply) ”.

s. 81(4)

In section 215 (payments for loss of office), after subsection (4) insert—

s. 81(5)

Section 430 (quoted companies: annual accounts and reports to be made available on website) is amended as follows.

s. 81(6)

After subsection (2) insert—

s. 81(7)

In subsection (3) —

s. 81(7)(a)

for “the annual accounts and reports on the website” substitute “ the material made available on the website under subsections (1) to (2B) ”, and

s. 81(7)(b)

for “the annual accounts and reports from” substitute “ such material from ”.

s. 81(8)

After subsection (4) insert—

s. 81(9)

In subsection (5)—

s. 81(9)(a)

in the words before paragraph (a), for the words from “the annual accounts and reports” to “that period” substitute “ material available on a website throughout the period mentioned in subsection (4) or (as the case may be) (4A) ”, and

s. 81(9)(b)

in paragraph (a) for “the annual accounts and reports are” substitute “ the material is ”.

s. 81(10)

In section 440 (quoted companies: offences in connection with procedure for approval)—

s. 81(10)(a)

in subsection (1) —

s. 81(10)(a)(i)

after “section 439(1)” insert “ or 439A(1) or (2) ”, and

s. 81(10)(a)(ii)

in the words in brackets, after “report” insert “ or policy ”,

s. 81(10)(b)

in subsection (2), for “the accounts meeting” substitute “ the meeting to which it relates ”, and

s. 81(10)(c)

in subsection (5), omit the definition of “the accounts meeting”.

s. 81(11)

In Schedule 8 (in the index of defined expressions), at the appropriate places insert—.

s. 81(12)

In that Schedule, after “quoted company”, insert—

s. 82 — Payments to directors: transitional provision
s. 82(1)

In relation to a company that is a quoted company immediately before the day on which section 79 of this Act comes into force, section 439A(1)(a) of the Companies Act 2006 (as inserted by section 79(4) of this Act) applies as if—

s. 82(1)(a)

the reference to the day on which the company becomes a quoted company were a reference to the day on which section 79 of this Act comes into force, and

s. 82(1)(b)

at the end of the paragraph (but before the “, and”) there were inserted “or at an earlier general meeting”.

s. 82(2)

In relation to a company that is a quoted company immediately before the day on which section 79 of this Act comes into force, section 226D(6)(a) of the Companies Act 2006 (as inserted by section 80 of this Act) applies as if the reference to the day on which the company becomes a quoted company were a reference to the day on which section 79 of this Act comes into force.

s. 82(3)

Chapter 4A of Part 10 of the Companies Act 2006 does not apply in relation to remuneration payments or payments for loss of office that are required to be made under an agreement entered into before 27 June 2012 or in consequence of any other obligation arising before that date.

s. 82(4)

An agreement entered into, or any other obligation arising, before 27 June 2012 that is modified or renewed on or after that date is to be treated for the purposes of subsection (3) as having been entered into or (as the case may be) as having arisen on the date on which it was modified or renewed.

s. 82(5)

The amendment made by section 81(4) does not apply in relation to a payment for loss of office to which subsection (3) of this section applies.

Redress schemes: lettings and property management agents

s. 83 — Redress schemes: lettings agency work
s. 83(1)

The Secretary of State may by order require persons who engage in lettings agency work to be members of a redress scheme for dealing with complaints in connection with that work which is either—

s. 83(1)(a)

a redress scheme approved by the Secretary of State, or

s. 83(1)(b)

a government administered redress scheme.

s. 83(2)

A “redress scheme” is a scheme which provides for complaints against members of the scheme to be investigated and determined by an independent person.

s. 83(3)

A “government administered redress scheme” means a redress scheme which is—

s. 83(3)(a)

administered by or on behalf of the Secretary of State, and

s. 83(3)(b)

designated for the purposes of the order by the Secretary of State.

s. 83(4)

The order may provide for the duty mentioned in subsection (1) to apply—

s. 83(4)(a)

only to specified descriptions of persons who engage in lettings agency work;

s. 83(4)(b)

only in relation to specified descriptions of such work.

s. 83(5)

The order may also provide for the duty not to apply in relation to complaints of any specified description (which may be framed by reference to a description of person making a complaint).

s. 83(6)

Before making the order, the Secretary of State must be satisfied that all persons who are to be subject to the duty will be eligible to join a redress scheme before the duty applies to them.

s. 83(7)

In this section, “lettings agency work” means things done by any person in the course of a business in response to instructions received from—

s. 83(7)(a)

a person seeking to find another person wishing to rent a dwelling-house in England under a domestic tenancy and, having found such a person, to grant such a tenancy (“a prospective landlord”);

s. 83(7)(b)

a person seeking to find a dwelling-house in England to rent under a domestic tenancy and, having found such a dwelling-house, to obtain such a tenancy of it (“a prospective tenant”).

s. 83(8)

However, “lettings agency work” does not include any of the following things when done by a person who does no other things falling within subsection (7)—

s. 83(8)(a)

publishing advertisements or disseminating information;

s. 83(8)(b)

providing a means by which—

s. 83(8)(b)(i)

a prospective landlord or a prospective tenant can, in response to an advertisement or dissemination of information, make direct contact with a prospective tenant or (as the case may be) prospective landlord;

s. 83(8)(b)(ii)

a prospective landlord and a prospective tenant can continue to communicate directly with each other.

s. 83(9)

“Lettings agency work” also does not include —

s. 83(9)(a)

things done by a local authority;

s. 83(9)(b)

things of a description, or things done by a person of a description, specified for the purposes of this section in an order made by the Secretary of State.

s. 83(10)

In subsection (7), “domestic tenancy” means—

s. 83(10)(a)

a tenancy which is an assured tenancy for the purposes of the Housing Act 1988 except where—

s. 83(10)(a)(i)

the landlord is a private registered provider of social housing (as to which see section 80 of the Housing and Regeneration Act 2008), or

s. 83(10)(a)(ii)

the tenancy is a long lease within the meaning given by section 84(10);

s. 83(10)(b)

a tenancy under which a dwelling-house is let as a separate dwelling and which is of a description specified for the purposes of this section in an order made by the Secretary of State.

s. 83(11)

An order under subsection (10)(b) may not provide for any of the following to be a domestic tenancy—

s. 83(11)(a)

a tenancy where the landlord is a registered provider of social housing (as to which see section 80 of the Housing and Regeneration Act 2008);

s. 83(11)(b)

a long lease within the meaning given by section 84(10).

s. 84 — Redress schemes: property management work
s. 84(1)

The Secretary of State may by order require persons who engage in property management work to be members of a redress scheme for dealing with complaints in connection with that work which is either—

s. 84(1)(a)

a redress scheme approved by the Secretary of State, or

s. 84(1)(b)

a government administered redress scheme.

s. 84(2)

“Redress scheme” and “government administered redress scheme” have the same meanings as in section 83.

s. 84(3)

The order may provide for the duty mentioned in subsection (1) to apply—

s. 84(3)(a)

only to specified descriptions of persons who engage in property management work;

s. 84(3)(b)

only in relation to specified descriptions of such work.

s. 84(4)

The order may also provide for the duty not to apply in relation to complaints of any specified description (which may be framed by reference to a description of person making a complaint).

s. 84(5)

Before making the order, the Secretary of State must be satisfied that all persons who are to be subject to the duty will be eligible to join a redress scheme before the duty applies to them.

s. 84(6)

In this section, “property management work” means things done by any person (“A”) in the course of a business in response to instructions received from another person (“C”) where—

s. 84(6)(a)

C wishes A to arrange services, repairs, maintenance, improvements or insurance or to deal with any other aspect of the management of premises in England on C's behalf, and

s. 84(6)(b)

the premises consist of or include a dwelling-house let under a relevant tenancy.

s. 84(7)

However, “property management work” does not include—

s. 84(7)(a)

things done by a person who is a social landlord for the purposes of Schedule 2 to the Housing Act 1996;

s. 84(7)(b)

things of a description, or things done by a person of a description, specified for the purposes of this section in an order made by the Secretary of State.

s. 84(8)

In subsection (6), “relevant tenancy” means—

s. 84(8)(a)

a tenancy which is an assured tenancy for the purposes of the Housing Act 1988;

s. 84(8)(b)

a tenancy which is a regulated tenancy for the purposes of the Rent Act 1977;

s. 84(8)(c)

a long lease other than one to which Part 2 of the Landlord and Tenant Act 1954 applies;

s. 84(8)(d)

a tenancy of a description specified for the purposes of this section in an order made by the Secretary of State.

s. 84(9)

An order under subsection (8)(d) may not provide for a tenancy to which Part 2 of the Landlord and Tenant Act 1954 applies to be a relevant tenancy.

s. 84(10)

In subsection (8)(c), “long lease” means a lease which is a long lease for the purposes of Chapter 1 of Part 1 of the Leasehold Reform, Housing and Urban Development Act 1993 or which, in the case of a shared ownership lease (within the meaning given by section 7(7) of that Act), would be such a lease if the tenant's total share (within the meaning given by that section) were 100 per cent.

s. 85 — Orders under section 83 or 84: enforcement
s. 85(1)

An order under section 83(1) or 84(1) may make provision —

s. 85(1)(a)

for sanctions to be imposed in respect of a breach of a requirement imposed by the order;

s. 85(1)(b)

for the investigation of suspected breaches of such a requirement.

s. 85(2)

The sanctions for which provision may be made in the order are—

s. 85(2)(a)

the imposition of civil penalties;

s. 85(2)(b)

the making of orders prohibiting a person from engaging in lettings agency work or (as the case may be) property management work or from engaging in a particular description of such work;

s. 85(2)(c)

the creation of criminal offences in respect of breaches of orders mentioned in paragraph (b).

s. 85(3)

Provision made for the imposition of a sanction by virtue of subsection (1)(a) must include—

s. 85(3)(a)

provision for appeals to a court or tribunal against the imposition of the sanction, and

s. 85(3)(b)

such other provision as the Secretary of State considers appropriate for safeguarding the interests of persons on whom the sanction may be imposed.

s. 85(4)

Provision made by virtue of this section may confer functions on a person that exercises functions of a public nature.

s. 85(4A)

A person on whom functions are conferred under subsection (4) must have regard to any guidance issued by the Secretary of State or the lead enforcement authority (if not the Secretary of State) relating to the enforcement of an order under section 83(1) or 84(1).

s. 85(5)

The Secretary of State may make payments out of money provided by Parliament to a person on whom functions are conferred by virtue of this section.

s. 85(6)

For provisions about enforcement of an order under section 83(1) or 84(1) by the lead enforcement authority, see sections 24 to 26 of the Tenant Fees Act 2019.

s. 85(7)

In this section “lead enforcement authority” has the meaning given by section 24(1) of the Tenant Fees Act 2019.

s. 86 — Sections 83 to 85: minor definitions
s. 86(1)

This section applies for the purposes of sections 83 to 85.

s. 86(2)

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.

s. 86(3)

A “dwelling-house” may be a house or part of a house.

s. 86(4)

“Local authority” means—

s. 86(4)(a)

a county or district council;

s. 86(4)(b)

a London borough council;

s. 86(4)(c)

the Common Council of the City of London in its capacity as a local authority;

s. 86(4)(d)

the Council of the Isles of Scilly.

s. 87 — Approval of redress schemes for the purposes of section 83 or 84
s. 87(1)

The Secretary of State may by order make provision about the approval of redress schemes for the purposes of section 83 or 84, including provision as to—

s. 87(1)(a)

the making of applications for approval;

s. 87(1)(b)

conditions which must be satisfied before approval may be given;

s. 87(1)(c)

conditions which must be complied with by administrators of approved redress schemes;

s. 87(1)(d)

the withdrawal of approval.

s. 87(2)

The order may make provision about the conditions which must be satisfied before a scheme administered by or on behalf of the Secretary of State may be designated for the purposes of section 83 or 84.

s. 88 — Redress schemes: supplemental
s. 88(1)

The power to make an order under section 83, 84 or 87 includes power to make incidental, supplementary, consequential, transitional or saving provision, including doing so by amending any provision made by or under an Act.

s. 88(2)

An order under any of those sections must be made by statutory instrument.

s. 88(3)

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.

s. 88(3)(a)

an order under section 83 or 84 which includes—

s. 88(3)(a)(i)

provision by virtue of section 85, or

s. 88(3)(a)(ii)

provision by virtue of subsection (1) of this section that amends an Act, or

s. 88(3)(b)

an order under section 87,

s. 88(4)

A statutory instrument containing an order under section 83 or 84, other than one to which subsection (3) applies, is subject to annulment in pursuance of a resolution of either House of Parliament.

s. 88(5)

Nothing in sections 83 to 87 prevents a redress scheme from providing—

s. 88(5)(a)

for membership to be open to persons who are not subject to the duty to be a member of a scheme;

s. 88(5)(b)

for the investigation and determination of any complaints in relation to which the duty does not apply, where the members concerned have voluntarily accepted the jurisdiction of the scheme over those complaints;

s. 88(5)(c)

for the exclusion from investigation and determination under the scheme of any complaint in such cases or circumstances as may be specified in or determined under the scheme.

Supply of customer data

s. 89 — Supply of customer data

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 90 — Supply of customer data: enforcement

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 91 — Supply of customer data: supplemental

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Insolvency: protection of essential supplies

s. 92 — Power to add to supplies protected under Insolvency Act 1986
s. 92(1)

The Secretary of State may by order amend section 233 of the Insolvency Act 1986 so as to add to the supplies mentioned in subsection (3) of that section any of the following—

s. 92(1)(a)

a supply of gas, electricity, water or communication services by a specified description of person;

s. 92(1)(b)

a supply of a specified description of goods or services by a specified description of person where the supply is for the purpose of enabling or facilitating anything to be done by electronic means.

s. 92(2)

The Secretary of State may by order amend section 372 of that Act of 1986 so as to add to the supplies mentioned in subsection (4) of that section any of the following—

s. 92(2)(a)

a supply of gas, electricity, water or communication services by a specified description of person;

s. 92(2)(b)

a supply of a specified description of goods or services by a specified description of person where the supply is for the purpose of enabling or facilitating anything to be done by electronic means.

s. 92(3)

The power to make an order under this section includes power to make incidental, supplementary, consequential, transitional or saving provision, including doing so by amending any enactment.

s. 92(4)

An order under this section must be made by statutory instrument.

s. 92(5)

A statutory instrument containing an order under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

s. 92(6)

In this section—“enactment” includes—an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978), an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament, and an enactment contained in, or in an instrument made under, a Measure or Act of the National Assembly for Wales; and“specified” means specified in the order.

s. 93 — Corporate insolvency: power to give further protection to essential supplies
s. 93(1)

The Secretary of State may by order make provision for insolvency-related terms of a contract for the supply of essential goods or services to a company to cease to have effect where—

s. 93(1)(a)

the company enters administration or a voluntary arrangement under Part 1 of the Insolvency Act 1986 takes effect in relation to it, and

s. 93(1)(b)

any conditions specified in the order are met.

s. 93(2)

The order must include provision for securing that, where an insolvency-related term of a contract ceases to have effect under the order, the contract may be terminated by the supplier if—

s. 93(2)(a)

an insolvency office-holder consents to the termination,

s. 93(2)(b)

a court grants permission for the termination, or

s. 93(2)(c)

any charges in respect of the supply that are incurred after the company enters administration or the voluntary arrangement takes effect are not paid within the period of 28 days beginning with the day on which payment is due.

s. 93(3)

The order must include provision for securing that, where an insolvency-related term of a contract ceases to have effect under the order, the supplier may terminate the supply unless an insolvency office-holder personally guarantees the payment of any charges in respect of the continuation of the supply.

s. 93(4)

The order may provide for exceptions to the right of a supplier to terminate a supply under provision made by virtue of subsection (3).

s. 93(5)

The order must (in addition to the provision mentioned in subsections (2) and (3)) include such other provision as the Secretary of State considers appropriate for securing that the interests of suppliers are protected.

s. 93(6)

A contract for the supply of essential goods or services is a contract for a supply mentioned in section 233(3) of the Insolvency Act 1986.

s. 93(7)

An insolvency-related term of a contract for the supply of essential goods or services to a company is a provision of the contract under which—

s. 93(7)(a)

the contract or the supply would terminate, or any other thing would take place, because the company enters administration or the voluntary arrangement takes effect,

s. 93(7)(b)

the supplier would be entitled to terminate the contract or the supply, or to do any other thing, because the company enters administration or the voluntary arrangement takes effect, or

s. 93(7)(c)

the supplier would be entitled to terminate the contract or the supply because of an event that occurred before the company enters administration or the voluntary arrangement takes effect.

s. 93(8)

In this section, “insolvency office-holder” means—

s. 93(8)(a)

in a case where a company enters administration, the administrator;

s. 93(8)(b)

in the case where a voluntary arrangement under Part 1 of the Insolvency Act 1986 takes effect in relation to a company, the supervisor of the voluntary arrangement.

s. 94 — Individual insolvency: power to give further protection to essential supplies
s. 94(1)

The Secretary of State may by order make provision for insolvency-related terms of a contract for the supply of essential goods or services to an individual to cease to have effect where—

s. 94(1)(a)

a voluntary arrangement proposed by the individual is approved under Part 8 of the Insolvency Act 1986, and

s. 94(1)(b)

any conditions specified in the order are met.

s. 94(2)

The order must include a condition that ensures that an insolvency-related term of a contract for the supply of essential goods or services to an individual does not cease to have effect unless the supply is for the purpose of a business that is or has been carried on by the individual or with which the individual has or had another connection of a kind specified in the order.

s. 94(3)

The order must include provision for securing that, where an insolvency-related term of a contract ceases to have effect under the order, the contract may be terminated by the supplier if—

s. 94(3)(a)

the supervisor of the voluntary arrangement consents to the termination,

s. 94(3)(b)

a court grants permission for the termination, or

s. 94(3)(c)

any charges in respect of the supply that are incurred after the voluntary arrangement proposed by the individual is approved are not paid within the period of 28 days beginning with the day on which payment is due.

s. 94(4)

The order must include provision for securing that, where an insolvency-related term of a contract ceases to have effect under the order, the supplier may terminate the supply unless the supervisor of the voluntary arrangement personally guarantees the payment of any charges in respect of the continuation of the supply.

s. 94(5)

The order may provide for exceptions to the right of a supplier to terminate a supply under provision made by virtue of subsection (4).

s. 94(6)

The order must (in addition to the provision mentioned in subsections (3) and (4)) include such other provision as the Secretary of State considers appropriate for securing that the interests of suppliers are protected.

s. 94(7)

A contract for the supply of essential goods or services is a contract for a supply mentioned in section 372(4) of the Insolvency Act 1986.

s. 94(8)

An insolvency-related term of a contract for the supply of essential goods or services to an individual is a provision of the contract under which—

s. 94(8)(a)

the contract or the supply would terminate, or any other thing would take place, because the voluntary arrangement proposed by the individual is approved,

s. 94(8)(b)

the supplier would be entitled to terminate the contract or the supply, or to do any other thing, because the voluntary arrangement proposed by the individual is approved, or

s. 94(8)(c)

the supplier would be entitled to terminate the contract or the supply because of an event that occurred before the voluntary arrangement proposed by the individual is approved.

s. 95 — Sections 93 and 94: supplemental
s. 95(1)

The power to make an order under section 93 or 94 includes—

s. 95(1)(a)

power to make different provision for different cases;

s. 95(1)(b)

power to provide for a person to exercise a discretion in a matter;

s. 95(1)(c)

power to make incidental, supplementary, consequential, transitional or saving provision;

s. 95(1)(d)

power to make any provision that may be made by the order by amending the Insolvency Act 1986 or any other enactment.

s. 95(2)

An order under either of those sections may not be made so as to have effect in relation to contracts entered into before the order come into force.

s. 95(3)

An order under either of those sections must be made by statutory instrument.

s. 95(4)

A statutory instrument containing an order under either of those sections may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

s. 95(5)

In this section, “enactment” has the same meaning as in section 92.

Royal Charters

s. 96 — Royal Charters: requirements for Parliamentary approval

Where a body is established by Royal Charter after 1 March 2013 with functions relating to the carrying on of an industry, no recommendation may be made to Her Majesty in Council to amend the body's Charter or dissolve the body unless any requirements included in the Charter on the date it is granted for Parliament to approve the amendment or dissolution have been met.

Caste as an aspect of race

s. 97 — Equality Act 2010: caste as an aspect of race
s. 97(1)

Section 9(5) of the Equality Act 2010 is amended in accordance with subsections (2) to (4).

s. 97(2)

Omit “may by order”.

s. 97(3)

In paragraph (a) (power to provide for caste to be an aspect of race) at the beginning insert “ must by order ”.

s. 97(4)

In paragraph (b) (power to provide for exceptions to apply or not to apply to caste) at the beginning insert “ may by order ”.

s. 97(5)

A Minister of the Crown—

s. 97(5)(a)

may carry out a review of the effect of section 9(5) of the Equality Act 2010 (and orders made under it) and whether it remains appropriate, and

s. 97(5)(b)

must publish a report on the outcome of any such review.

s. 97(6)

The power under subsection (5)(a) may not be exercised before the end of the period of 5 years beginning with the day on which this Act is passed (but may be exercised on more than one occasion after that).

s. 97(7)

If a Minister of the Crown considers it appropriate in the light of the outcome of a review under subsection (5), the Minister may by order repeal or otherwise amend section 9(5) of the Equality Act 2010.

s. 97(8)

The power to make an order under subsection (7) includes power to make incidental, supplementary, consequential, transitional or saving provision, including doing so by amending an Act or subordinate legislation (within the meaning of the Interpretation Act 1978).

s. 97(9)

An order under subsection (7) must be made by statutory instrument.

s. 97(10)

A statutory instrument containing an order under subsection (7) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

Equal pay audits

s. 98 — Power to provide for equal pay audits
s. 98(1)

The Equality Act 2010 is amended as follows.

s. 98(2)

After section 139 insert—

s. 98(3)

In section 207(6) (exercise of power to make subordinate legislation: power to amend enactments) after “37,” and after “in the case of section” insert “ 139A, ”.

s. 98(4)

In section 208(5) (subordinate legislation by Ministers of the Crown etc: affirmative procedure) after paragraph (e) insert—.

General

s. 99 — Consequential amendments, repeals and revocations
s. 99(1)

The Secretary of State may by order made by statutory instrument make such provision as the Secretary of State considers appropriate in consequence of this Act.

s. 99(2)

The power conferred by subsection (1) includes power—

s. 99(2)(a)

to make transitional, transitory or saving provision;

s. 99(2)(b)

to amend, repeal, revoke or otherwise modify any provision made by or under an enactment (including any enactment passed or made in the same Session as this Act).

s. 99(3)

An order under subsection (1) which makes provision for the transfer of a function from the Competition Commission or the Office of Fair Trading to the Competition and Markets Authority in consequence of Part 3 of this Act may make such modifications to the function as the Secretary of State considers appropriate in consequence of the transfer.

s. 99(4)

The modifications mentioned in subsection (3) may, in particular, alter the circumstances in which, or the conditions under which, the function is exercisable.

s. 99(5)

A statutory instrument containing (whether alone or with other provision) an order under this section which amends, repeals or revokes any provision of primary legislation is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

s. 99(6)

A statutory instrument containing an order under this section which does not amend, repeal or revoke any provision of primary legislation is subject to annulment in pursuance of a resolution of either House of Parliament.

s. 99(7)

In this section—“enactment” includes an Act of the Scottish Parliament, a Measure or Act of the National Assembly for Wales and Northern Ireland legislation;“primary legislation” means—an Act of Parliament, an Act of the Scottish Parliament, a Measure or Act of the National Assembly for Wales, and Northern Ireland legislation.

s. 100 — Transitional, transitory or saving provision

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.

s. 101 — Financial provision

There is to be paid out of money provided by Parliament—

s. 101(a)

any expenditure incurred under or by virtue of this Act by the Secretary of State or the Competition and Markets Authority, and

s. 101(b)

any increase attributable to this Act in the sums payable under any other Act out of money so provided.

s. 102 — Extent
s. 102(1)

Part 1 extends to England and Wales, Scotland and Northern Ireland.

s. 102(2)

Part 2 extends only to England and Wales and Scotland, except that the following provisions of that Part extend also to Northern Ireland—

s. 102(2)(a)

section 23(3);

s. 102(2)(b)

paragraph 11 of Schedule 1;

s. 102(2)(c)

paragraphs 36 to 39 of Schedule 2.

s. 102(3)

Part 3 extends to England and Wales, Scotland and Northern Ireland, except as follows—

s. 102(3)(a)

paragraphs 15 to 44, 69 to 84 and 101 to 107 of Schedule 6 extend only to England and Wales and Scotland;

s. 102(3)(b)

paragraphs 52 to 68, 96, 108 to 123 and 127 to 139 of that Schedule extend only to England and Wales;

s. 102(3)(c)

paragraphs 9 to 14, 45 to 51, 171 to 180 and 192 to 209 of that Schedule extend only to Scotland;

s. 102(3)(d)

paragraphs 149 to 170 and 181 to 191 of that Schedule extend only to Northern Ireland.

s. 102(4)

Part 4 extends to England and Wales, Scotland and Northern Ireland, except as follows—

s. 102(4)(a)

paragraphs 1 to 7 and 11 to 14 of Schedule 14 and paragraphs 2, 3, 7, 13 and 41 of Schedule 15, extend only to England and Wales and Scotland;

s. 102(4)(b)

paragraphs 8 to 10 and 20 to 22 of Schedule 14, and paragraphs 4 to 6 and 47 to 49 of Schedule 15, extend only to England and Wales;

s. 102(4)(c)

paragraphs 23 to 29 of Schedule 14, and paragraphs 53 to 55 of Schedule 15, extend only to Northern Ireland.

s. 102(5)

Part 5 extends as follows—

s. 102(5)(a)

sections 59, 62, 67, 68 and 70 and Part 1 of Schedule 21 extend to England and Wales, Scotland and Northern Ireland,

s. 102(5)(b)

section 69 extends only to England and Wales and Scotland except that it also extends to Northern Ireland so far as Parts 1 and 4 of the Health and Safety at Work etc. Act 1974 extend there,

s. 102(5)(c)

sections 64, 65 and 66 and paragraphs 1, 56 to 58, 60 and 66 of Schedule 19 (and section 71(3) so far as it relates to those paragraphs) extend only to England and Wales and Scotland,

s. 102(5)(d)

sections 60, 61, 63, 71(1) and (2) and 72(1) to (3), Schedules 16, 17 and 18, paragraphs 2 to 55, 59, 61 to 65 of Schedule 19 (and section 71(3) so far as it relates to those paragraphs) and Parts 2 and 3 of Schedule 21 extend only to England and Wales, and

s. 102(5)(e)

an amendment, repeal or revocation made by Schedule 20 has the same extent as the provision amended, repealed or revoked, subject to subsection (6).

s. 102(6)

The repeals of the following provisions in Schedule 20 extend to England and Wales only—

s. 102(6)(a)

section 67 of the Agriculture Act 1967,

s. 102(6)(b)

paragraph 32 of Schedule 2 to the Social Security (Consequential Provisions) Act 1975,

s. 102(6)(c)

paragraph 10 of Schedule 4 to the Social Security Pensions Act 1975,

s. 102(6)(d)

paragraph 12 of Schedule 17 to the Employment Protection Act 1975, and

s. 102(6)(e)

paragraph 4 of Schedule 2 to the Social Security (Consequential Provisions) Act 1992.

s. 102(7)

If a provision repealed by Part 1 of Schedule 21 extends to the Isle of Man or any of the Channel Islands, Her Majesty may by Order in Council extend the repeal there.

s. 102(8)

This Part extends to England and Wales, Scotland and Northern Ireland except that—

s. 102(8)(a)

sections 92, 93, 95, 97 and 98 extend only to England and Wales and Scotland;

s. 102(8)(b)

sections 83 to 88, 94 and 96 extend only to England and Wales.

s. 103 — Commencement
s. 103(1)

The following provisions come into force on the day on which this Act is passed—

s. 103(1)(a)

section 10;

s. 103(1)(b)

section 24;

s. 103(1)(c)

section 28;

s. 103(1)(d)

sections 52 and 53;

s. 103(1)(e)

section 59;

s. 103(1)(f)

sections 75 to 78 and Schedule 22;

s. 103(1)(g)

sections 92 to 96;

s. 103(1)(h)

sections 98 to 104;

s. 103(1)(i)

any other provision so far as is necessary for enabling the exercise on or after the day on which this Act is passed of any power (arising under or by virtue of that provision) to make provision by regulations, rules or order made by statutory instrument.

s. 103(2)

The following provisions (so far as not already in force by virtue of subsection (1)(i)) come into force at the end of the period of 2 months beginning with the day on which this Act is passed—

s. 103(2)(a)

Part 1;

s. 103(2)(b)

sections 12, 13, 15, 17, 18, 20, 21 and 22;

s. 103(2)(c)

section 62;

s. 103(2)(d)

section 64;

s. 103(2)(e)

section 97;

s. 103(2)(f)

paragraphs 7 and 8 of Schedule 17 (and section 63 so far as it relates to them);

s. 103(2)(g)

Parts 1 and 2 of Schedule 21 (and section 73 so far as it relates to them).

s. 103(3)

Except as provided by subsections (1) and (2), the provisions of this Act come into force on such day as the Secretary of State may by order made by statutory instrument appoint.

s. 103(4)

An order under subsection (3) may appoint different days for different purposes.

s. 104 — Short title

This Act may be cited as the Enterprise and Regulatory Reform Act 2013.

Sch 1

Conciliation: minor and consequential amendments

Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)

Sch 1 para 1

In section 288 of the Trade Union and Labour Relations (Consolidation) Act 1992 (restriction on contracting out), in subsection (2), for “section 18” substitute “ any of sections 18A to 18C ”.

Employment Tribunals Act 1996 (c. 17)

Sch 1 para 2

The Employment Tribunals Act 1996 is amended as follows.

Sch 1 para 3

In section 7 (employment tribunal procedure regulations), in subsection (3ZA)(b), after “form” insert “ (including certificates issued under section 18A(4)) ”.

Sch 1 para 4

In section 7B (mediation), in subsection (5), for “the Advisory, Conciliation and Arbitration Service” substitute “ ACAS ”.

Sch 1 para 5
Sch 1 para 5(1)

Section 18 (conciliation) is amended as follows.

Sch 1 para 5(2)

At the end of the heading insert “ : relevant proceedings etc. ”

Sch 1 para 5(3)

In subsection (1), for the words before paragraph (a) substitute “ In this section and sections 18A to 18C “relevant proceedings” means employment tribunal proceedings— ”.

Sch 1 para 5(4)

In subsection (1)(b)—

Sch 1 para 5(4)(a)

after “68” insert “ , 70B ”;

Sch 1 para 5(4)(b)

after “Act 1992” insert “ or paragraph 156 of Schedule A1 to that Act ”.

Sch 1 para 5(5)

In subsection (1)(dd), for “20(1)(a)” substitute “ 19D(1)(a) ”.

Sch 1 para 5(6)

Omit subsection (1)(f) and (n).

Sch 1 para 5(7)

After subsection (1) insert—

Sch 1 para 5(8)

Omit subsections (2) to (5).

Sch 1 para 5(9)

In subsections (6) and (7), for “this section” substitute “ any of sections 18A to 18C ”.

Sch 1 para 6

After section 18B (inserted by section 7(1)) insert—

Sch 1 para 7

In section 19A (conciliation: recovery of sums payable under compromises), in subsection (1)(a)(i), for “section 18” substitute “ any of sections 18A to 18C ”.

Sch 1 para 8

In section 40 (power to amend Act), in subsection (2), omit the words from “and to section 18” to the end.

Sch 1 para 9

In section 42 (interpretation), in subsection (1)—

Sch 1 para 9(a)

before the definition of “the Appeal Tribunal” insert—;

Sch 1 para 9(b)

in the definition of “conciliation officer” for “the Advisory, Conciliation and Arbitration Service” substitute “ ACAS ”.

Employment Rights Act 1996 (c. 18)

Sch 1 para 10

In section 203 of the Employment Rights Act 1996 (restrictions on contracting out), in subsection (2)(e), for “section 18” substitute “ any of sections 18A to 18C ”.

National Minimum Wage Act 1998 (c. 39)

Sch 1 para 11

In section 49 of the National Minimum Wage Act 1998 (restrictions on contracting out), in subsection (2)(a), for “section 18” substitute “ any of sections 18A to 18C ”.

Employment Act 2008 (c. 24)

Sch 1 para 12

Section 5 of the Employment Act 2008 (which amends provisions repealed by paragraph 5(8)) is omitted.

Pensions Act 2008 (c. 30)

Sch 1 para 13

In section 58 of the Pensions Act 2008 (restrictions on agreements to limit operation of Part 1), in subsection (3), for “section 18” substitute “ any of sections 18A to 18C ”.

Sch 2

Extension of limitation periods to allow for conciliation

Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)

Sch 2 para 1

The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows.

Sch 2 para 2

In section 66 (complaint of infringement of right under section 64), after subsection (2) insert—

Sch 2 para 3

In section 68A (complaint of infringement of right under section 68), after subsection (1) insert—

Sch 2 para 4

In section 70C (section 70B: complaint to employment tribunal), after subsection (2) insert—

Sch 2 para 5

In section 87 (complaint in respect of employer's failure under section 86), after subsection (2) insert—

Sch 2 para 6

In section 139 (time limit for proceedings under sections 137 and 138), after subsection (3) insert—

Sch 2 para 7
Sch 2 para 7(1)

Section 145C (time limit for proceedings under sections 145A and 145B) is amended as follows.

Sch 2 para 7(2)

The existing text becomes subsection (1).

Sch 2 para 7(3)

After that subsection insert—

Sch 2 para 8

In section 147 (time limit for proceedings under section 146), after subsection (3) insert—

Sch 2 para 9
Sch 2 para 9(1)

Section 171 (time limit for proceedings under sections 168, 168A, 169 and 170) is amended as follows.

Sch 2 para 9(2)

The existing text becomes subsection (1).

Sch 2 para 9(3)

After that subsection insert—

Sch 2 para 10
Sch 2 para 10(1)

Section 175 (time limit for proceedings under section 174) is amended as follows.

Sch 2 para 10(2)

The existing text becomes subsection (1).

Sch 2 para 10(3)

After that subsection insert—

Sch 2 para 11

In section 189 (complaint: contravention of section 188), after subsection (5) insert—

Sch 2 para 12

In section 192 (complaint by employee to employment tribunal: contravention of section 190), after subsection (2) insert—

Sch 2 para 13

After section 292 insert—

Sch 2 para 14

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)

Sch 2 para 15

The Employment Rights Act 1996 is amended as follows.

Sch 2 para 16

In section 11 (references to employment tribunals: contravention of section 8), after subsection (5) insert—

Sch 2 para 17

In section 23 (complaints to employment tribunals: contravention of section 13, 15, 18(1) or 21(1)), in subsection (3A), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.

Sch 2 para 18

In section 34 (complaints to employment tribunals: contravention of section 28), in subsection (2A), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.

Sch 2 para 19

In section 48 (complaints to employment tribunals: contravention of Part 5), in subsection (4A), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.

Sch 2 para 20

In section 51 (complaints to employment tribunals: contravention of section 50), in subsection (2A), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.

Sch 2 para 21

In section 54 (complaints to employment tribunals: contravention of section 52 or 53), in subsection (2A), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.

Sch 2 para 22

In section 57 (complaints to employment tribunals: contravention of section 55 or 56), in subsection (2A), for the words from “applies” to the end substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply for the purposes of subsection (2)(a) ”.

Sch 2 para 23

In section 57ZC (complaint to employment tribunal: agency workers), after subsection (3) insert—

Sch 2 para 24

In section 57B (complaint to employment tribunal: contravention of section 57A), in subsection (2A), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.

Sch 2 para 25

In section 60 (complaints to employment tribunals: contravention of section 58 or 59), in subsection (2A), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.

Sch 2 para 26

In section 63 (complaints to employment tribunals: contravention of section 61 or 62), in subsection (2A), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.

Sch 2 para 27

In section 63C (complaints to employment tribunals: contravention of section 63A or 63B), in subsection (2A), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.

Sch 2 para 28

In section 63I (complaints to employment tribunals: contravention of section 63F(4), (5) or (6) or 63I(1)(b)), in subsection (7), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.

Sch 2 para 29

In section 70 (complaints to employment tribunals: contravention of section 64, 67 or 68), in subsection (8), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.

Sch 2 para 30

In section 70A (complaints to employment tribunals: agency workers), after subsection (7) insert—

Sch 2 para 31

In section 80 (complaint to employment tribunal: parental leave), in subsection (2A), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.

Sch 2 para 32

In section 80H (complaints to employment tribunals: contravention of section 80G(1) or 80H(1)(b)), in subsection (7), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.

Sch 2 para 33

In section 111 (complaints to employment tribunal: contravention of section 92 or Part 10), in subsection (2A), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.

Sch 2 para 34

In section 164 (claims for redundancy payment: contravention of section 135), after subsection (4) insert—

Sch 2 para 35

After section 207A (extension of time limits because of mediation in certain cross-border disputes) insert—

National Minimum Wage Act 1998 (c. 39)

Sch 2 para 36

The National Minimum Wage Act 1998 is amended as follows.

Sch 2 para 37

In section 11 (failure of employer to allow access to records), after subsection (4) insert—

Sch 2 para 38

After section 11 insert—

Sch 2 para 39

In section 24 (enforcement of right under section 23), in subsection (2)(a), for “sections 48(2) to (4)” substitute “ sections 48(2) to (4A) ”.

Employment Relations Act 1999 (c. 26)

Sch 2 para 40

In section 11 of the Employment Relations Act 1999 (complaint to employment tribunal), after subsection (2) insert—

Pensions Act 2008 (c. 30)

Sch 2 para 41

In section 56 of the Pensions Act 2008 (enforcement of right under section 55), in subsection (2), for “sections 48(2) to (4)” substitute “ sections 48(2) to (4A) ”.

Equality Act 2010 (c. 15)

Sch 2 para 42

The Equality Act 2010 is amended as follows.

Sch 2 para 43

In section 123 (time limits: proceedings under section 120), in subsection (1), for “section 140A” substitute “ sections 140A and 140B ”.

Sch 2 para 44

In section 129 (time limits: proceedings under section 127)—

Sch 2 para 44(a)

in subsection (3), for “section 140A” substitute “ sections 140A and 140B ”;

Sch 2 para 44(b)

in subsection (4), after “the period mentioned in the second column” insert “ , subject to section 140B ”.

Sch 2 para 45

After section 140A (extension of time limits because of mediation in certain cross-border disputes) insert—

Sch 3

Financial penalties: minor and consequential amendments

Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)

Sch 3 para 1

In section 138 of the Trade Union and Labour Relations (Consolidation) Act 1992 (refusal of service of employment agency on grounds related to union membership), after subsection (2) insert—

Employment Tribunals Act 1996 (c. 17)

Sch 3 para 2

The Employment Tribunals Act 1996 is amended as follows.

Sch 3 para 3

Before section 13 insert— “ Costs etc, interest and enforcement ”.

Sch 3 para 4
Sch 3 para 4(1)

In section 41 (orders, regulations and rules), in subsection (2) (orders etc subject to affirmative resolution procedure), after “4(4) or (6D)” insert “ , 12A(12) ”.

Sch 3 para 4(2)

If this paragraph comes into force before section 11, sub-paragraph (1) has effect as if “4(4)” were substituted for “ 4(4) or (6D) ”.

Employment Rights Act 1996 (c. 18)

Sch 3 para 5

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)

Sch 3 para 6

In regulation 18 of the Agency Workers Regulations 2010 (complaints to employment tribunals etc), after paragraph (14) insert—

Sch 4

The Competition and Markets Authority

Sch 4

General

Membership

Sch 4 para 1
Sch 4 para 1(1)

The CMA is to consist of—

Sch 4 para 1(1)(a)

a person appointed by the Secretary of State to chair the CMA and the CMA Board (the “chair”), and

Sch 4 para 1(1)(b)

other persons appointed by the Secretary of State as follows—

Sch 4 para 1(1)(b)(i)

persons appointed to membership of the CMA Board (see Part 2);

Sch 4 para 1(1)(b)(ii)

persons appointed to membership of the CMA panel (see Part 3);

Sch 4 para 1(1)(b)(iii)

persons appointed to membership of both the CMA Board and the CMA panel.

Sch 4 para 1(1)(b)(iv)

a person (the “OIM panel chair”) appointed to chair the Office for the Internal Market panel and to membership of the CMA Board;

Sch 4 para 1(1)(b)(v)

other persons appointed to membership of the Office for the Internal Market panel (“the OIM panel”) (see Part 3A).

Sch 4 para 1(2)

The Secretary of State must consult the chair before making an appointment under sub-paragraph (1)(b).

Sch 4 para 1(2A)

In making appointments under paragraphs (iv) and (v) of sub-paragraph (1)(b), the Secretary of State must have regard to the desirability of securing that—

Sch 4 para 1(2A)(a)

a variety of skills, knowledge and experience is available among the members of the OIM panel, and

Sch 4 para 1(2A)(b)

there is an appropriate balance among the members of that panel of persons who have skills, knowledge or experience relating to the operation of the United Kingdom internal market in different parts of the United Kingdom.

Sch 4 para 1(2B)

Before making an appointment under paragraph (iv) or (v) of sub-paragraph (1)(b), the Secretary of State must seek the consent of—

Sch 4 para 1(2B)(a)

the Scottish Ministers,

Sch 4 para 1(2B)(b)

the Welsh Ministers, and

Sch 4 para 1(2B)(c)

the Department for the Economy in Northern Ireland.

Sch 4 para 1(2C)

Sub-paragraph (2D) applies if consent to an appointment is not given by any of those authorities within the period of one month beginning with the day on which it is sought from that authority.

Sch 4 para 1(2D)

In that event the Secretary of State—

Sch 4 para 1(2D)(a)

may make the appointment without the consent of the authority or authorities concerned, and

Sch 4 para 1(2D)(b)

must, if the appointment is made, inform each authority which did not give consent of the reasons for the decision to proceed with the appointment.

Sch 4 para 1(3)

At least five of the members appointed under sub-paragraph (1)(b) must be appointed to membership of the CMA Board.

Sch 4 para 1(4)

At least one of the members appointed under sub-paragraph (1)(b) must be appointed to membership of the CMA Board and to membership of the CMA panel.

Sch 4 para 1(5)

Of the persons appointed to membership of the CMA Board under sub-paragraph (1)(b), no more than half may be members of staff of the CMA.

Sch 4 para 1(6)

In this Schedule, references to members of the CMA are to persons appointed under sub-paragraph (1).

Sch 4 para 1(7)

A person holding office as a member of the Competition Appeal Tribunal is ineligible for appointment under this paragraph.

Terms and conditions

Sch 4 para 2
Sch 4 para 2(1)

The members of the CMA are to hold and vacate office in accordance with the terms and conditions of their appointments.

Sch 4 para 2(2)

Those terms and conditions are to be determined by the Secretary of State.

Term of appointment

Sch 4 para 3
Sch 4 para 3(1)

Appointment to membership of the CMA Board under paragraph 1(1)(b) is to be for a term of not more than five years.

Sch 4 para 3(2)

Appointment to membership of the CMA panel under paragraph 1(1)(b) is to be for a term of not more than eight years.

Sch 4 para 3(2A)

Appointment to membership of the OIM panel under paragraph 1(1)(b) is to be for a term of not more than eight years.

Sch 4 para 3(3)

Appointment as the chair is to be for a term of not more than five years.

Sch 4 para 3(4)

Where at the beginning of a person's term of appointment to membership of the CMA panel the person has already begun (and continues) to hold office as a member of the OIM panel, the term of the person's appointment to membership of the CMA panel is to be treated for the purposes of sub-paragraph (2) as beginning when the person's term of appointment to membership of the OIM panel began.

Sch 4 para 3(5)

Where at the beginning of a person's term of appointment to membership of the OIM panel the person has already begun (and continues) to hold office as a member of the CMA panel, the term of the person's appointment to membership of the OIM panel is to be treated for the purposes of sub-paragraph (2A) as beginning when the person's term of appointment to membership of the CMA panel began.

Re-appointment

Sch 4 para 4
Sch 4 para 4(1)

A person who has been appointed to membership of the CMA panel may be re-appointed to membership of the CMA panel only for the purpose of continuing to act as a member of a group constituted under paragraph 36 before the expiry of his or her term of office.

Sch 4 para 4(1A)

A person who has been appointed to membership of the OIM panel may be re-appointed to membership of the OIM panel only for the purpose of continuing to act as a member of a group constituted under paragraph 58B before the expiry of the person's term of office.

Sch 4 para 4(2)

Subject to sub-paragraphs (1) and (1A), a person's previous appointment under paragraph 1 does not affect eligibility for a subsequent appointment under that paragraph.

Remuneration etc of members

Sch 4 para 5
Sch 4 para 5(1)

The CMA must pay to its members such remuneration, allowances and expenses as the Secretary of State may determine.

Sch 4 para 5(2)

The CMA must pay or make provision for the payment of such pension, allowances or gratuities as the Secretary of State may determine to or in respect of a current or former member.

Sch 4 para 5(3)

If a person ceases to hold an office to which he or she has been appointed under paragraph 1, and the Secretary of State decides that there are special circumstances which mean that the person should be compensated, the CMA must pay compensation to the person of such amount as the Secretary of State may determine.

Resignation

Sch 4 para 6
Sch 4 para 6(1)

The chair may at any time resign from membership of the CMA by giving written notice to this effect to the Secretary of State.

Sch 4 para 6(2)

A person who is a member of one, but not more than one, of the CMA Board, the CMA panel and the OIM panel, may at any time resign from membership of the CMA by giving written notice to this effect to the Secretary of State.

Sch 4 para 6(3)

A person who is a member of both the CMA Board and the CMA panel or both the CMA panel and the OIM panel may at any time, by giving written notice to this effect to the Secretary of State—

Sch 4 para 6(3)(a)

resign from one of those memberships (without resigning from the other), or

Sch 4 para 6(3)(b)

resign from membership of the CMA.

Sch 4 para 6(4)

The OIM panel chair may at any time resign from membership of the CMA by giving written notice to this effect to the Secretary of State (and may not resign from the OIM panel, or any other office to which the person is appointed by virtue of paragraph 1(1)(b)(iv), except in accordance with this sub-paragraph).

Termination of membership

Sch 4 para 7

The Secretary of State may at any time remove a person from office as a member of the CMA on any of the following grounds—

Sch 4 para 7(a)

incapacity;

Sch 4 para 7(b)

misbehaviour;

Sch 4 para 7(c)

failure to carry out his or her duties.

Status

Sch 4 para 8

The CMA is to perform its functions on behalf of the Crown.

Chief executive and other staff

Sch 4 para 9
Sch 4 para 9(1)

The CMA is to have a chief executive appointed by the Secretary of State (the “chief executive”).

Sch 4 para 9(2)

The chief executive may also be a member of the CMA, but must not be—

Sch 4 para 9(a)

the chair, ...

Sch 4 para 9(b)

a member of the CMA panel , or

Sch 4 para 9(c)

a member of the OIM panel.

Sch 4 para 9(3)

Before appointing the chief executive, the Secretary of State must consult the chair.

Sch 4 para 9(4)

The appointment—

Sch 4 para 9(4)(a)

is to be for a term of not more than five years;

Sch 4 para 9(4)(b)

subject to that, is to be on such terms and conditions as the Secretary of State considers fit.

Sch 4 para 9(5)

The chief executive holds that office as a member of the staff of the CMA.

Sch 4 para 9(6)

A previous appointment as chief executive does not affect a person's eligibility for re-appointment.

Sch 4 para 10
Sch 4 para 10(1)

The CMA may appoint other members of staff.

Sch 4 para 10(2)

A person appointed as a member of the CMA's staff under sub-paragraph (1) may also be a member of the CMA, but must not be—

Sch 4 para 10(2)(a)

the chair, or

Sch 4 para 10(2)(b)

a member of the CMA panel or the OIM panel.

Sch 4 para 10(3)

The following are to be determined by the CMA with the approval of the Minister for the Civil Service—

Sch 4 para 10(3)(a)

the number of members of staff appointed under sub-paragraph (1);

Sch 4 para 10(3)(b)

their conditions of service.

Sch 4 para 11

A person holding office as a member of the Competition Appeal Tribunal is ineligible for appointment under paragraph 9 or 10.

Annual plan

Sch 4 para 12
Sch 4 para 12(1)

The CMA must prepare an annual plan for each financial year.

Sch 4 para 12(2)

The plan must—

Sch 4 para 12(2)(a)

set out the CMA's main objectives for the year and indicate the relative priorities of each of those objectives;

Sch 4 para 12(2)(b)

provide a summary of the proposed allocation of the CMA's financial resources to the activities to be carried on in connection with those objectives.

Sch 4 para 12(3)

The CMA must arrange for the plan to be laid before —

Sch 4 para 12(3)(a)

Parliament,

Sch 4 para 12(3)(b)

the Scottish Parliament,

Sch 4 para 12(3)(c)

Senedd Cymru, and

Sch 4 para 12(3)(d)

the Northern Ireland Assembly

Sch 4 para 12(4)

The CMA must publish the plan, in whatever way it considers appropriate, before the start of the financial year in question.

Sch 4 para 13
Sch 4 para 13(1)

Before finalising an annual plan, the CMA must draw up proposals for it.

Sch 4 para 13(2)

The CMA must arrange for the proposals to be laid before —

Sch 4 para 13(2)(a)

Parliament,

Sch 4 para 13(2)(b)

the Scottish Parliament,

Sch 4 para 13(2)(c)

Senedd Cymru, and

Sch 4 para 13(2)(d)

the Northern Ireland Assembly

Sch 4 para 13(3)

The CMA must—

Sch 4 para 13(3)(a)

publish the proposals in whatever way it considers appropriate, and

Sch 4 para 13(3)(b)

make arrangements to consult with the public about them.

Sch 4 para 13(4)

Arrangements made under sub-paragraph (3)(b) may provide for consultation with the public to be effected in whatever way the CMA considers appropriate.

Performance report

Sch 4 para 14
Sch 4 para 14(1)

As soon as practicable after the end of each financial year, the CMA must prepare and send to the Secretary of State an annual report on its activities and performance during the year.

Sch 4 para 14(2)

The report must include—

Sch 4 para 14(2)(a)

a survey of developments, during the year, in matters relating to the CMA's functions;

Sch 4 para 14(2)(b)

an assessment of the extent to which the CMA's objectives for the year, as set out in the plan published under paragraph 12, have been met;

Sch 4 para 14(2)(c)

a summary of the significant decisions, investigations or other activities made or carried out by the CMA during the year;

Sch 4 para 14(2)(d)

a summary of the allocation of the CMA's financial resources to its various activities during the year;

Sch 4 para 14(2)(e)

an assessment of the CMA's performance and practices, during the year, in relation to its enforcement functions.

Sch 4 para 14(3)

The CMA must—

Sch 4 para 14(3)(a)

arrange for the report to be laid before —

Sch 4 para 14(3)(a)(i)

Parliament,

Sch 4 para 14(3)(a)(ii)

the Scottish Parliament,

Sch 4 para 14(3)(a)(iii)

Senedd Cymru, and

Sch 4 para 14(3)(a)(iv)

the Northern Ireland Assembly

Sch 4 para 14(3)(b)

publish the report in whatever way it considers appropriate.

Sch 4 para 15

The CMA may—

Sch 4 para 15(a)

prepare other reports about matters relating to any of its functions;

Sch 4 para 15(b)

publish a report prepared under this paragraph.

Concurrency report

Sch 4 para 16
Sch 4 para 16(1)

As soon as practicable after the end of each financial year, the CMA must prepare a report containing an assessment of how the concurrency arrangements have operated during the year.

Sch 4 para 16(2)

The concurrency arrangements are the arrangements for co-operation between the CMA and the sectoral regulators in respect of functions which are exercisable concurrently by the CMA and one or more of the regulators under Part 1 of the Competition Act 1998 (the “1998 Act”) and Part 4 of the Enterprise Act 2002 (the “2002 Act”).

Sch 4 para 16(3)

The report must, in particular, include information about—

Sch 4 para 16(3)(a)

the exercise during the year by the CMA of its functions under Part 1 of the 1998 Act or Part 4 of the 2002 Act in cases in which the functions are or were exercisable concurrently by one or more sectoral regulators,

Sch 4 para 16(3)(b)

the exercise during the year by each sectoral regulator of its functions under Part 1 of the 1998 Act or Part 4 of the 2002 Act, and

Sch 4 para 16(3)(c)

any decision made during the year by a sectoral regulator, in respect of a case in relation to which the regulator considers that its functions under Part 1 of the 1998 Act were exercisable, that it was more appropriate for it to proceed by exercising functions other than those it has under that Part of that Act.

Sch 4 para 16(4)

The CMA is not required to include information in a report under this paragraph if it considers that doing so would, or would be likely to, prejudice the exercise of any of the functions of the CMA or a sectoral regulator.

Sch 4 para 16(5)

In preparing a report under this paragraph, the CMA must consult each sectoral regulator.

Sch 4 para 16(6)

The CMA must publish a report prepared under this paragraph in whatever way it considers appropriate.

Sch 4 para 16(7)

Each of the following is a sectoral regulator—

Sch 4 para 16(7)(a)

the Office of Communications;

Sch 4 para 16(7)(b)

the Gas and Electricity Markets Authority;

Sch 4 para 16(7)(c)

the Water Services Regulation Authority;

Sch 4 para 16(7)(d)

the Office of Rail and Road ;

Sch 4 para 16(7)(e)

the Northern Ireland Authority for Utility Regulation;

Sch 4 para 16(7)(f)

the Civil Aviation Authority;

Sch 4 para 16(7)(g)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 4 para 16(7)(h)

the Payment Systems Regulator established under section 40 of the Financial Services (Banking Reform) Act 2013.

Sch 4 para 16(7)(i)

the Financial Conduct Authority.

Documents

Sch 4 para 17
Sch 4 para 17(1)

The application of the CMA's seal must be authenticated by the signature of—

Sch 4 para 17(1)(a)

a person who is a member of the CMA Board, or

Sch 4 para 17(1)(b)

a person authorised (generally or specifically) for that purpose by the CMA.

Sch 4 para 17(2)

A document purporting to be duly executed under the CMA's seal or signed on its behalf—

Sch 4 para 17(2)(a)

is to be received in evidence;

Sch 4 para 17(2)(b)

is to be taken to be duly signed or sealed unless the contrary is shown.

Sch 4 para 17(3)

But this paragraph does not apply in relation to a document which is, or is to be, signed in accordance with the law of Scotland.

Membership of committees and sub-committees

Sch 4 para 18
Sch 4 para 18(1)

The members of a committee or sub-committee of the CMA may include persons who are not members of the CMA.

Sch 4 para 18(2)

A sub-committee may include persons who are not members of the committee that established it.

Additional powers

Sch 4 para 19

The CMA may—

Sch 4 para 19(a)

if so requested by the Secretary of State, represent the government of the United Kingdom in matters relating to international relations in any field connected to its functions, and

Sch 4 para 19(b)

promote good practice outside the United Kingdom in the carrying on of activities which may affect the economic interests of consumers in the United Kingdom.

Sch 4 para 20
Sch 4 para 20(1)

The CMA may do anything that is calculated to facilitate, or is conducive or incidental to, the performance of its functions.

Sch 4 para 20(2)

The power in sub-paragraph (1) is subject to any restrictions imposed by or under any enactment.

Public records

Sch 4 para 21

In Schedule 1 to the Public Records Act 1958 (definition of public records), in Part 2 of the Table at the end of paragraph 3, at the appropriate place insert— “ Competition and Markets Authority. ”

Parliamentary Commissioner

Sch 4 para 22

In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation) at the appropriate place insert— “ Competition and Markets Authority. ”

Disqualification

Sch 4 para 23

In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) at the appropriate place insert— “ The Competition and Markets Authority. ”

Sch 4 para 24

In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified), at the appropriate place insert— “ The Competition and Markets Authority. ”

Freedom of information

Sch 4 para 25

In Part 1 of Schedule 1 to the Freedom of Information Act 2000 (definition of public authority: general)—

Sch 4 para 25(a)

in paragraph 1 after “other than” insert;

Sch 4 para 25(b)

after paragraph 1 insert—

Equality

Sch 4 para 26

In Part 1 of Schedule 19 to the Equality Act 2010 (public authorities: general), under the heading “Industry, business, finance etc” at the appropriate place insert— “ The Competition and Markets Authority. ”

Sch 4

The CMA Board

Membership

Sch 4 para 27

The CMA Board is to consist of—

Sch 4 para 27(a)

the chair;

Sch 4 para 27(b)

the members appointed under paragraph 1(1)(b) to membership of the CMA Board.

Functions

Sch 4 para 28

Except where otherwise provided by or under any enactment, the functions of the CMA are exercisable by the CMA Board on behalf of the CMA.

Delegation

Sch 4 para 29
Sch 4 para 29(1)

Anything that the CMA Board is required or permitted to do (including conferring authorisation under this sub-paragraph) may be done by—

Sch 4 para 29(1)(a)

a member of the CMA Board, or a member of staff of the CMA, who has been authorised for that purpose by the CMA Board, whether generally or specifically;

Sch 4 para 29(1)(b)

a committee or sub-committee of the CMA Board that has been so authorised.

Sch 4 para 29(2)

Sub-paragraph (1) does not apply to the functions of deciding—

Sch 4 para 29(2)(a)

whether the duty to publish a market study notice under section 130A of the Enterprise Act 2002 applies;

Sch 4 para 29(2)(b)

whether to propose to make, or to make, a reference under section 131 of that Act;

Sch 4 para 29(2)(c)

for the purposes of the requirement imposed by section 131A(2)(b) of that Act, whether the CMA is proposing to make a decision as to whether to make a reference under section 131 of that Act in a way that is likely to have a substantial impact on the interests of any person;

Sch 4 para 29(2)(d)

whether section 140A of that Act applies in respect of a particular case;

Sch 4 para 29(2)(e)

whether to accept an undertaking in lieu of a reference under section 154A of that Act, or to vary or supersede or release an undertaking under that section;

Sch 4 para 29(2)(f)

for the purposes of the requirement imposed by section 169(2) of that Act, whether the CMA is proposing to make a decision to make a reference under section 131 of that Act in a way that is likely to have a substantial impact on the interests of any person.

Sch 4 para 29(2)(g)

whether to begin an initial SMS investigation under section 9 of the Digital Markets, Competition and Consumers Act 2024 (“the 2024 Act”);

Sch 4 para 29(2)(h)

whether to begin a further SMS investigation under section 10 of the 2024 Act;

Sch 4 para 29(2)(i)

whether to begin a PCI investigation under section 47 of the 2024 Act.

Sch 4 para 29(2A)

Sub-paragraph (1)(a) does not apply to the functions of deciding—

Sch 4 para 29(2A)(a)

whether to make a designation under section 2 of the 2024 Act;

Sch 4 para 29(2A)(b)

what, if any, provision to make in reliance on section 17 of the 2024 Act;

Sch 4 para 29(2A)(c)

whether to impose a conduct requirement under section 19 of the 2024 Act;

Sch 4 para 29(2A)(d)

whether to revoke a conduct requirement under section 22 of the 2024 Act;

Sch 4 para 29(2A)(e)

whether to make, and the form of, an enforcement order, other than an interim enforcement order, under section 31 of the 2024 Act;

Sch 4 para 29(2A)(f)

whether to accept a commitment under section 36 or section 56 of the 2024 Act;

Sch 4 para 29(2A)(g)

whether to exercise the power conferred by section 38(1) of the 2024 Act (power to adopt final offer mechanism);

Sch 4 para 29(2A)(h)

whether to make, and the form of, a pro-competition intervention under section 46 of the 2024 Act;

Sch 4 para 29(2A)(i)

the contents of a notice under section 50 of the 2024 Act (notice of decision on pro-competition intervention);

Sch 4 para 29(2A)(j)

whether to replace a pro-competition order under section 52 of the 2024 Act;

Sch 4 para 29(2A)(k)

whether to revoke a pro-competition order under section 53 of the 2024 Act.

Sch 4 para 29(2A)(l)

whether to impose a penalty on a person under section 85 or section 87 of the 2024 Act;

Sch 4 para 29(2A)(m)

the amount of any such penalty.

Sch 4 para 29(2B)

A committee or sub-committee of the CMA Board may not be authorised to carry out any of the functions listed in sub-paragraph(2A) unless—

Sch 4 para 29(2B)(a)

the committee or sub-committee includes—

Sch 4 para 29(2B)(a)(i)

at least two members of the Board who are not members of the CMA’s staff, or

Sch 4 para 29(2B)(a)(ii)

the chair and at least one member of the Board who is not a member of the CMA’s staff, and

Sch 4 para 29(2B)(b)

at least half of the members of the committee or sub-committee are—

Sch 4 para 29(2B)(b)(i)

members of the Board who are not members of the CMA’s staff, or

Sch 4 para 29(2B)(b)(ii)

members of the CMA panel.

Sch 4 para 29(3)

Sub-paragraph (1)(b) does not apply to a committee or sub-committee whose members include any person who is not a member of the CMA or of its staff.

Sch 4 para 29(4)

The Secretary of State may by regulations made by statutory instrument amend sub-paragraphs (2) or (2A) so as to add or remove functions of the CMA under Part 1 of the 2024 Act.

Sch 4 para 29(5)

The regulations may make incidental, transitional or saving provision.

Sch 4 para 29(6)

A statutory instrument containing regulations under sub-paragraph(4) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

Sch 4 para 30

Paragraph 29(1) is subject to provision in rules made under section 51 of the Competition Act 1998, by virtue of paragraph 1A of Schedule 9 to that Act, in respect of the exercise of a function of the CMA under Part 1 of that Act.

Proceedings

Sch 4 para 31
Sch 4 para 31(1)

The CMA Board may regulate its own proceedings.

Sch 4 para 31(2)

The CMA Board must consult the Secretary of State before making or revising rules and procedures, under sub-paragraph (1), for dealing with—

Sch 4 para 31(2)(a)

conflicts of interest, or

Sch 4 para 31(2)(b)

quorum.

Validity

Sch 4 para 32

The validity of anything done by the CMA Board is not affected by—

Sch 4 para 32(a)

a vacancy;

Sch 4 para 32(b)

a defective appointment.

Reference of matter to the chair

Sch 4 para 33
Sch 4 para 33(1)

This paragraph applies where the CMA Board is to consider whether a matter should be referred to the chair for the constitution of a group under this Schedule.

Sch 4 para 33(2)

Before the CMA Board considers whether to refer the matter to the chair, the chair must determine whether a person who is a member of the CMA Board might reasonably be expected to be a member of a group constituted in connection with the matter.

Sch 4 para 33(3)

If the chair determines that a person who is a member of the CMA Board might reasonably be expected to be a member of such a group, that person is not to participate in the CMA Board's consideration of whether to refer the matter to the chair.

Sch 4

The CMA panel

The CMA panel

Sch 4 para 34

The CMA panel is a panel of persons available for selection as members of a group constituted in accordance with this Part of this Schedule.

Membership of CMA panel

Sch 4 para 35
Sch 4 para 35(1)

The CMA panel is to consist of—

Sch 4 para 35(1)(a)

at least one person (a “news media panel member”) appointed to the CMA panel under paragraph 1(1)(b) for the purpose of being available for selection as a member of a group constituted to carry out functions on behalf of the CMA with respect to a news media merger reference (a “news media merger reference group”);

Sch 4 para 35(1)(b)

at least three persons (“specialist communications panel members”) appointed to the CMA panel under paragraph 1(1)(b) for the purpose of being available for selection as members of a group constituted to carry out functions on behalf of the CMA with respect to a specialist communications reference (a “specialist communications reference group”);

Sch 4 para 35(1)(c)

at least six persons (“specialist utility panel members”) appointed to the CMA panel under paragraph 1(1)(b) for the purpose of being available for selection as members of a group constituted to carry out specialist utility functions on behalf of the CMA (a “specialist utility group”);

Sch 4 para 35(1)(ca)

at least one person (a “payment systems panel member”) appointed to the CMA panel under paragraph 1(1)(b) for the purpose of being available for selection as a member of a group constituted to carry out functions on behalf of the CMA with respect to an appeal made in accordance with section 79 of the Financial Services (Banking Reform) Act 2013 (a “specialist payment systems group”);

Sch 4 para 35(1)(d)

at least one person (a “reporting panel member”) appointed to the CMA panel under paragraph 1(1)(b) for the purpose of being available for selection as a member of any group constituted to carry out functions on behalf of the CMA;

Sch 4 para 35(1)(e)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 4 para 35(2)

A person who is appointed to the CMA panel as a member of a kind mentioned in one of paragraphs (a) to (d) of sub-paragraph (1) may also be appointed as a member of one or more of the other kinds mentioned in those paragraphs.

Sch 4 para 35(3)

For the purposes of this paragraph and paragraph 38—a “news media merger reference” is—a reference under section 45 of the Enterprise Act 2002 that specifies a news media public interest consideration (within the meaning of paragraph 20A of Schedule 8 to that Act); a reference under section 62 of that Act that specifies a consideration specified in section 58(2A) or (2B) of that Act; a “specialist communications reference” is a reference under section 193 of the Communications Act 2003;“specialist utility functions” are functions with respect to—an appeal under section 23B, or a reference under section 41E, of the Gas Act 1986; an appeal under section 11C, or a reference under section 56C, of the Electricity Act 1989; an appeal under section 20 of the Energy Act 2023; a reference under section 12, 14 or 17K of the Water Industry Act 1991; an appeal under section 12D of that Act; the giving of a direction or the making of modifications under section 16A or 17P of that Act; a reference under section 68B or 68C of the Enterprise Act 2002; an appeal under article 14B of the Electricity (Northern Ireland) Order 1992 (SI 1992/231 (NI 1)); an appeal under article 14B of the Gas (Northern Ireland) Order 1996 (SI 1996/275 (NI 2)); an appeal under section 173 of the Energy Act 2004; an appeal under regulation 4 of the Water Industry Designated Codes (Appeals to the Competition and Markets Authority) Regulations 2017 (SI 2017/447); a reference under article 3 of the Water Services etc (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 (SI 2005/3172); the giving of a direction or the making of modifications under article 9 of that Order.

Constitution of CMA groups

Sch 4 para 36

Where the chair is, by or under any enactment, required to constitute a group under this Schedule (a “CMA group”), the chair must constitute the group in accordance with this Part of this Schedule.

Membership of CMA groups

Sch 4 para 37
Sch 4 para 37(1)

The members of a CMA group are to be selected by the chair.

Sch 4 para 37(2)

In selecting the members of a CMA group, the chair must comply with any requirements imposed by or under any enactment.

Sch 4 para 37(3)

Subject to that, paragraph 38 has effect for the purposes of the membership of a CMA group.

Sch 4 para 38
Sch 4 para 38(1)

Each CMA group is to consist of at least three members of the CMA panel.

Sch 4 para 38(2)

Subject to sub-paragraphs (3) to (6), those members are to be such persons as the chair may select.

Sch 4 para 38(3)

In the case of a news media merger reference group—

Sch 4 para 38(3)(a)

the group must include at least one news media panel member;

Sch 4 para 38(3)(b)

the members of the group (if any) who are not news media panel members must be reporting panel members.

Sch 4 para 38(4)

In the case of a specialist communications reference group, the group must include at least one, but not more than three, of the specialist communications panel members.

Sch 4 para 38(5)

In the case of a specialist utility group, the group must include at least one of the specialist utility panel members.

Sch 4 para 38(5A)

In the case of a specialist payment systems group, the group must include at least one payment systems member.

Sch 4 para 38(6)

A news media panel member is not to be selected as a member of a CMA group that is not a news media merger reference group.

Sch 4 para 38(7)

The chair may at any time appoint a reporting panel member to be an additional member of a CMA group.

Sch 4 para 38(8)

The chair must appoint one of the members of a CMA group to chair the group (the “group chair”).

Sch 4 para 39

The validity of anything done by a CMA group is not affected by—

Sch 4 para 39(a)

a vacancy;

Sch 4 para 39(b)

a defective appointment.

Termination of person's membership of a CMA group

Sch 4 para 40

A member of the CMA panel may at any time resign from a CMA group by giving written notice to this effect to the chair.

Sch 4 para 41
Sch 4 para 41(1)

Sub-paragraph (2) applies if the chair considers that—

Sch 4 para 41(1)(a)

a member of a CMA group will be unable, for a substantial period, to perform his or her duties as a member of the group, or

Sch 4 para 41(1)(b)

because of a particular interest of a member of a CMA group, it is inappropriate for him or her to remain a member of the group.

Sch 4 para 41(2)

The chair may remove the person in question from membership of the group.

Sch 4 para 42

A person ceases to be a member of a CMA group on ceasing to be a member of the CMA panel.

Replacement of a member of a CMA group

Sch 4 para 43
Sch 4 para 43(1)

Sub-paragraph (2) applies if a person ceases to be a member of a CMA group, whether by being removed under paragraph 41, or otherwise.

Sch 4 para 43(2)

The chair may select a replacement member of the group from the CMA panel.

Continuity on removal or replacement

Sch 4 para 44
Sch 4 para 44(1)

A person's ceasing to be a member of a CMA group, whether by being removed under paragraph 41, or otherwise, does not prevent—

Sch 4 para 44(1)(a)

the group from continuing with anything begun before the person ceased to be a member of it;

Sch 4 para 44(1)(b)

any decision made or direction given by the person while a member of the group from having effect after he or she has ceased to be a member of the group.

Sch 4 para 44(2)

Sub-paragraph (1)—

Sch 4 para 44(2)(a)

applies whether or not a replacement member of the group is selected under paragraph 43;

Sch 4 para 44(2)(b)

does not affect any requirements imposed by or under any enactment with respect to the constitution of a CMA group.

Attendance of other members

Sch 4 para 45
Sch 4 para 45(1)

At the invitation of the group chair of a CMA group, any reporting panel member who is not a member of the group may attend its meetings or otherwise take part in its proceedings.

Sch 4 para 45(2)

But a person attending in response to such an invitation may not—

Sch 4 para 45(2)(a)

vote in any proceedings of the group, or

Sch 4 para 45(2)(b)

have a statement of his or her dissent from a conclusion of the group included in a report made by the group.

Sch 4 para 45(3)

Nothing in sub-paragraph (1) is to be taken to prevent a CMA group from consulting any member of the CMA panel with respect to any matter or question with which the group is concerned.

Powers of chair pending group's constitution and first meeting

Sch 4 para 46
Sch 4 para 46(1)

While a CMA group is being constituted, the chair may take such steps as he or she considers appropriate to facilitate the work of the group once it has been constituted.

Sch 4 para 46(2)

The steps taken must be steps that it would be within the power of the group to take, had it already been constituted.

Sch 4 para 47
Sch 4 para 47(1)

The chair may, on behalf of the CMA, exercise the power conferred by section 37(1), 48(1) or 64(1) of the Enterprise Act 2002 in respect of the reference of a matter—

Sch 4 para 47(1)(a)

while a CMA group is being constituted in connection with the reference;

Sch 4 para 47(1)(b)

after a CMA group has been so constituted, but before it has held its first meeting.

Sch 4 para 47(2)

Sections 34C, 46D and 62A of the Enterprise Act 2002 have effect subject to sub-paragraph (1).

Performance of functions of chair with respect to constitution etc of CMA group

Sch 4 para 48
Sch 4 para 48(1)

A function of the chair that is specified in sub-paragraph (4) may, with the consent of the CMA Board, be exercised on behalf of the chair by—

Sch 4 para 48(1)(a)

a person who is a member of both the CMA panel and the CMA Board, or

Sch 4 para 48(1)(b)

a member of the CMA panel designated by the Secretary of State (whether generally or specifically) for the purposes of this paragraph.

Sch 4 para 48(2)

The consent referred to in sub-paragraph (1) must specify the identity of the person by whom a function of the chair is to be exercised.

Sch 4 para 48(3)

It may be given—

Sch 4 para 48(3)(a)

by reference generally to functions specified in sub-paragraph (4);

Sch 4 para 48(3)(b)

by reference to specific functions, or functions of a particular description;

Sch 4 para 48(3)(c)

by reference generally to CMA groups;

Sch 4 para 48(3)(d)

by reference to specific matters or specific CMA groups, or by reference to matters or CMA groups of a particular description.

Sch 4 para 48(4)

The functions are—

Sch 4 para 48(4)(a)

the chair's functions under paragraph 33 and under this Part of this Schedule;

Sch 4 para 48(4)(b)

the chair's functions by or under any other enactment in respect of the constitution of a CMA group;

Sch 4 para 48(4)(c)

the chair's functions under—

Sch 4 para 48(4)(c)(i)

Schedule 4A to the Gas Act 1986;

Sch 4 para 48(4)(c)(ii)

Schedule 5A to the Electricity Act 1989;

Sch 4 para 48(4)(c)(iia)

Schedule 5A to the Electricity (Northern Ireland) Order 1992 (SI 1992/231 (NI 1));

Sch 4 para 48(4)(c)(iib)

Schedule 3A to the Gas (Northern Ireland) Order 1996 (SI 1996/275 (NI 2));

Sch 4 para 48(4)(c)(iic)

Schedule A1 to the Transport Act 2000;

Sch 4 para 48(4)(c)(iii)

Schedule 22 to the Energy Act 2004;

Sch 4 para 48(4)(c)(iv)

Schedule 2 to the Civil Aviation Act 2012.

Sch 4 para 48(4)(c)(v)

Schedule 5 to the Financial Services (Banking Reform) Act 2013.

Sch 4 para 48(4)(c)(vi)

the Water Industry Designated Codes (Appeals to the Competition and Markets Authority) Regulations 2017 (SI 2017/447).

Independence of groups

Sch 4 para 49
Sch 4 para 49(1)

In making decisions that they are required or permitted to make by virtue of any enactment, CMA groups must act independently of the CMA Board.

Sch 4 para 49(2)

Nothing in sub-paragraph (1) prevents—

Sch 4 para 49(2)(a)

the CMA Board from giving information in its possession to a CMA group, or

Sch 4 para 49(2)(b)

a CMA group giving information in its possession to the CMA Board.

Casting votes

Sch 4 para 50

If a CMA group's vote on any decision is tied, the group chair is to have a casting vote.

Requirement to make rules of procedure for certain groups

Sch 4 para 51
Sch 4 para 51(1)

The CMA Board must make rules of procedure for merger reference groups, market reference groups, and special reference groups.

Sch 4 para 51(2)

Those rules are subject to any provision made by or under any enactment in respect of the procedure of a CMA group.

Sch 4 para 51(3)

Before making rules under this paragraph, the CMA Board must consult such persons as it considers appropriate.

Sch 4 para 51(4)

The CMA Board must publish rules made under this paragraph in whatever manner it considers appropriate for bringing them to the attention of those likely to be affected by them.

Sch 4 para 51(5)

Subject to rules made under this paragraph, and to any provision made by or under any enactment, a CMA group of a type referred to in sub-paragraph (1) may determine its own procedure.

Sch 4 para 51(6)

In this paragraph and paragraph 53—

Sch 4 para 51(6)(a)

“market reference group” means a CMA group constituted in connection with a reference under section 131, 132 or 140A of the Enterprise Act 2002;

Sch 4 para 51(6)(b)

“merger reference group” means a CMA group constituted in connection with a reference under section 32 of the Water Industry Act 1991 or section 22, 33, 45, or 62 of the Enterprise Act 2002;

Sch 4 para 51(6)(c)

“special reference group” means a CMA group constituted in connection with a reference under—

Sch 4 para 51(6)(c)(i)

section 11 of the Competition Act 1980;

Sch 4 para 51(6)(c)(ii)

section 41E of the Gas Act 1986;

Sch 4 para 51(6)(c)(iii)

section 56C of the Electricity Act 1989;

Sch 4 para 51(6)(c)(iv)

section 12, 14 or 17K of the Water Industry Act 1991;

Sch 4 para 51(6)(c)(v)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 4 para 51(6)(c)(vi)

section 13 of, or Schedule 4A to, the Railways Act 1993;

Sch 4 para 51(6)(c)(vii)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 4 para 51(6)(c)(viii)

section 12 of the Transport Act 2000;

Sch 4 para 51(6)(c)(ix)

section 193 of the Communications Act 2003;

Sch 4 para 51(6)(c)(x)

article 3 of the Water Services etc (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 (SI 2005/3172).

Sch 4 para 52
Sch 4 para 52(1)

In determining how to proceed in accordance with rules made for it by the CMA Board under paragraph 51(1), and in determining its own procedure under paragraph 51(5), a group must have regard to any guidance issued by the CMA Board.

Sch 4 para 52(2)

Before issuing guidance for the purposes of this paragraph, or amending or revoking it, the CMA Board must consult such persons as it considers appropriate.

Sch 4 para 53
Sch 4 para 53(1)

Rules made under paragraph 51 may—

Sch 4 para 53(1)(a)

make different provision for different cases or different purposes;

Sch 4 para 53(1)(b)

be varied or revoked by rules subsequently made under that paragraph.

Sch 4 para 53(2)

They may in particular make provision—

Sch 4 para 53(2)(a)

for particular stages of a merger investigation, market investigation, or special investigation to be dealt with in accordance with a timetable and for revision of that timetable;

Sch 4 para 53(2)(b)

as to the documents and information that must be given to a relevant group in connection with a merger investigation, market investigation or special investigation;

Sch 4 para 53(2)(c)

as to the documents and information that a relevant group must give to other persons in connection with such an investigation.

Sch 4 para 53(3)

Rules making provision as described in sub-paragraph (2)(a) or (2)(b) may, in particular, permit or require a relevant group to disregard documents or information given after a particular date.

Sch 4 para 53(4)

Rules making provision as described in sub-paragraph (2)(c) may in particular make provision for the notification or publication of, and for consultation about, provisional findings of a relevant group.

Sch 4 para 53(5)

Rules made under paragraph 51 may make provision as to the quorum of relevant groups.

Sch 4 para 53(6)

They may make provision—

Sch 4 para 53(6)(a)

as to the extent (if any) to which persons interested or claiming to be interested in a matter under consideration that is specified or described in the rules are allowed—

Sch 4 para 53(6)(a)(i)

to be present before or heard by a relevant group, either by themselves or by their representatives;

Sch 4 para 53(6)(a)(ii)

to cross-examine witnesses;

Sch 4 para 53(6)(a)(iii)

otherwise to take part;

Sch 4 para 53(6)(b)

as to the extent (if any) to which sittings of a relevant group are to be held in public;

Sch 4 para 53(6)(c)

generally in connection with any matters permitted by rules making provision as described in paragraph (a) or (b) (including, in particular, provision for a record of any hearings).

Sch 4 para 53(7)

Rules made under paragraph 51 may make provision for—

Sch 4 para 53(7)(a)

the notification or publication of information relating to merger investigations, market investigations or special investigations;

Sch 4 para 53(7)(b)

consultation about such investigations.

Sch 4 para 53(8)

Rules made under paragraph 51 for market reference groups may make provision as to the involvement of any public interest expert in the market investigation in connection with the reference under section 140A of the Enterprise Act 2002 in relation to which the expert was appointed.

Sch 4 para 53(9)

For the purposes of this paragraph—“market investigation” means an investigation carried out by a market reference group in connection with a reference under section 131, 132 or 140A of the Enterprise Act 2002;“merger investigation” means an investigation carried out by a merger reference group in connection with a reference under section 32 of the Water Industry Act 1991 or section 22, 33, 45, or 62 of the Enterprise Act 2002;“public interest expert” means a person appointed under section 141B of the Enterprise Act 2002 in relation to a reference under section 140A(6) of that Act;“relevant group” means a market reference group, a merger reference group, or a special reference group;“special investigation” means an investigation carried out by a special reference group in connection with a provision listed in paragraph 51(6)(c).

Procedure of other CMA groups

Sch 4 para 54
Sch 4 para 54(1)

Subject to any special or general directions given by the Secretary of State, and to any provision made by or under any enactment, a CMA group that is not a group of a type referred to in paragraph 51(1) may determine its own procedure.

Sch 4 para 54(2)

It may, in particular, determine its quorum, and determine—

Sch 4 para 54(2)(a)

the extent (if any) to which persons interested or claiming to be interested in a matter under consideration are allowed—

Sch 4 para 54(2)(a)(i)

to be present before or heard by it, either by themselves or by their representatives;

Sch 4 para 54(2)(a)(ii)

to cross-examine witnesses;

Sch 4 para 54(2)(a)(iii)

otherwise to take part;

Sch 4 para 54(2)(b)

the extent (if any) to which its sittings are to be held in public.

Sch 4 para 54(3)

In determining its procedure under sub-paragraph (1), a CMA group must have regard to any guidance issued by the CMA Board.

CMA group decision: requirement for two thirds majority

Sch 4 para 55

For the purposes of paragraphs 56 to 58, a “qualifying majority decision” is a decision made by a CMA group which is that of at least two-thirds of the members of the group.

Sch 4 para 56
Sch 4 para 56(1)

This paragraph applies for the purposes of Part 3 of the Enterprise Act 2002.

Sch 4 para 56(2)

Where a decision of a CMA group under section 35(1) or 36(1) of that Act that there is an anti-competitive outcome is not a qualifying majority decision, it is to be treated as a decision under that section that there is not an anti-competitive outcome.

Sch 4 para 56(2A)

Sub-paragraph (2B) applies where a decision of a CMA group under section 35(1) or 36(1) of that Act (as applied by section 68F of, and Schedule 5A to, that Act) that there is, or is likely to be, prejudice of the kind described in section 68B(1)(b) or 68C(1)(b) of that Act is not a qualifying majority decision.

Sch 4 para 56(2B)

The decision of the CMA group is to be treated as a decision under section 35(1) or, as the case may be, section 36(1) of that Act (as applied by section 68F of, and Schedule 5A to, that Act) that there is not, or is not likely to be, prejudice of that kind.

Sch 4 para 56(3)

Where a decision of a CMA group under section 47 of that Act is not a qualifying majority decision—

Sch 4 para 56(3)(a)

in the case of a decision that a relevant merger situation has been created, it is to be treated as a decision under section 47 that no such situation has been created;

Sch 4 para 56(3)(b)

in the case of a decision that the creation of a relevant merger situation has resulted, or may be expected to result, in a substantial lessening of competition within any market or markets in the United Kingdom for goods and services, it is to be treated as a decision under section 47 that the creation of that situation has not resulted, or may be expected not to result, in such a substantial lessening of competition;

Sch 4 para 56(3)(c)

in the case of a decision that arrangements are in progress or in contemplation which, if carried into effect, will result in the creation of a relevant merger situation, it is to be treated as a decision under section 47 that no such arrangements are in progress or in contemplation;

Sch 4 para 56(3)(d)

in the case of a decision that the creation of such a situation as is mentioned in paragraph (c) may be expected to result in a substantial lessening of competition within any market or markets in the United Kingdom for goods and services, it is to be treated as a decision under section 47 that the creation of that situation may be expected not to result in such a substantial lessening of competition.

Sch 4 para 56(4)

Where a decision of a CMA group under section 63 of that Act is not a qualifying majority decision—

Sch 4 para 56(4)(a)

in the case of a decision that a special merger situation has been created, it is to be treated as a decision under section 63 that no such situation has been created;

Sch 4 para 56(4)(b)

in the case of a decision that arrangements are in progress or in contemplation which, if carried into effect, will result in the creation of a special merger situation, it is to be treated as a decision under section 63 that no such arrangements are in progress or in contemplation.

Sch 4 para 56(5)

Expressions used in this paragraph are to be construed in accordance with Part 3 of the Enterprise Act 2002.

Sch 4 para 57
Sch 4 para 57(1)

This paragraph applies for the purposes of Part 4 of the Enterprise Act 2002.

Sch 4 para 57(2)

Where a decision under section 134, 141 or 141A of that Act is not a qualifying majority decision—

Sch 4 para 57(2)(a)

in the case of a decision on an ordinary reference that a feature or combination of features of a relevant market prevents, restricts or distorts competition in connection with the supply or acquisition of any goods or services in the United Kingdom or a part of the United Kingdom, it is to be treated as a decision that the feature or (as the case may be) combination of features of that relevant market does not prevent, restrict or distort such competition;

Sch 4 para 57(2)(b)

in the case of a decision on a cross-market reference that a feature or a combination of the features specified in the reference, as that feature or combination of features relates to goods or services of one or more than one of the descriptions so specified, prevents, restricts or distorts competition in connection with the supply or acquisition of any goods or services in the United Kingdom or a part of the United Kingdom, it is to be treated as a decision that that feature or (as the case may be) combination of features as it relates to goods or services of those descriptions does not prevent, restrict or distort such competition.

Sch 4 para 57(3)

Accordingly, a CMA group is to be treated as having decided under section 134, 141 or 141A that there is no adverse effect on competition in relation to an ordinary reference or a cross-market reference if—

Sch 4 para 57(3)(a)

one or more than one decision of the group, in relation to the reference, is to be treated as mentioned in sub-paragraph (2)(a) or (as the case may be) (b), and

Sch 4 para 57(3)(b)

there is, in relation to the reference, no other relevant decision of the group.

Sch 4 para 57(4)

“Relevant decision”, in sub-paragraph (3)(b), means—

Sch 4 para 57(4)(a)

in relation to an ordinary reference, a decision that is not to be treated as mentioned in sub-paragraph (2)(a), and which is that a feature or combination of features of a relevant market prevents, restricts or distorts competition in connection with the supply or acquisition of any goods or services in the United Kingdom or a part of the United Kingdom;

Sch 4 para 57(4)(b)

in relation to a cross-market reference, a decision that is not to be treated as mentioned in sub-paragraph (2)(b), and which is that a feature or a combination of the features specified in the reference, as that feature or combination of features relates to goods or services of one or more than one of the descriptions so specified, prevents, restricts or distorts competition in connection with the supply or acquisition of any goods or services in the United Kingdom or a part of the United Kingdom.

Sch 4 para 57(5)

Where a decision of a CMA group under section 141A of that Act is not a qualifying majority decision, in the case of a decision under section 141A(4) that the feature or combination of features in question operates or may be expected to operate against the public interest, it is to be treated as a decision under section 141A that the feature or combination of features in question does not operate nor may be expected to operate against the public interest.

Sch 4 para 57(6)

Expressions used in this paragraph are to be construed in accordance with Part 4 of the Enterprise Act 2002.

Sch 4 para 58

A decision made by a CMA group is also subject to any other provision made by or under any enactment about decisions that are not qualifying majority decisions.

Sch 4

The OIM panel

The OIM panel

Sch 4 para 58A
Sch 4 para 58A(1)

The OIM panel is a panel of persons available for selection as members of a group constituted in accordance with this Part of this Schedule.

Sch 4 para 58A(2)

The OIM panel is to consist of—

Sch 4 para 58A(2)(a)

the OIM panel chair appointed under paragraph 1(1)(b)(iv), and

Sch 4 para 58A(2)(b)

the other members of the panel appointed under paragraph 1(1)(b)(v).

Constitution of OIM task groups

Sch 4 para 58B
Sch 4 para 58B(1)

The OIM panel chair may at any time constitute a group in accordance with this Part of this Schedule for the purpose of carrying out on the CMA's behalf functions of the CMA under Part 4 of the United Kingdom Internal Market Act 2020.

Sch 4 para 58B(2)

A group constituted as mentioned in sub-paragraph (1) is to be known as an Office for the Internal Market task group (or “OIM task group”).

Membership of OIM task groups

Sch 4 para 58C
Sch 4 para 58C(1)

The members of an OIM task group are to be selected by the OIM panel chair.

Sch 4 para 58C(2)

Each OIM task group is to consist of at least three members of the OIM panel.

Sch 4 para 58C(3)

The OIM panel chair must appoint one of the members of an OIM task group to chair the group (“the task group chair”).

Sch 4 para 58D

The validity of anything done by an OIM task group is not affected by—

Sch 4 para 58D(a)

a vacancy;

Sch 4 para 58D(b)

a defective appointment.

Termination of person's membership of an OIM task group

Sch 4 para 58E

A member of the OIM panel may at any time resign from an OIM task group by giving written notice to this effect to the OIM panel chair.

Sch 4 para 58F
Sch 4 para 58F(1)

Sub-paragraph (2) applies if the OIM panel chair considers that—

Sch 4 para 58F(1)(a)

a member of an OIM task group will be unable, for a substantial period, to perform their duties as a member of the group, or

Sch 4 para 58F(1)(b)

because of a particular interest of a member of an OIM task group, it is inappropriate for that person to remain a member of the group.

Sch 4 para 58F(2)

The OIM panel chair may remove the person in question from membership of the task group.

Sch 4 para 58G

A person ceases to be a member of an OIM task group on ceasing to be a member of the OIM panel.

Replacement of a member of an OIM task group

Sch 4 para 58H
Sch 4 para 58H(1)

Sub-paragraph (2) applies if a person ceases to be a member of an OIM task group, whether by being removed under paragraph 58F, or otherwise.

Sch 4 para 58H(2)

The OIM panel chair may select a replacement member of the group from the OIM panel.

Continuity on removal or replacement

Sch 4 para 58I
Sch 4 para 58I(1)

A person's ceasing to be a member of an OIM task group, whether by being removed under paragraph 58F, or otherwise, does not prevent—

Sch 4 para 58I(1)(a)

the group from continuing with anything begun before the person ceased to be a member of it;

Sch 4 para 58I(1)(b)

any decision made or direction given by the person while a member of the group from having effect after they have ceased to be a member of the group.

Sch 4 para 58I(2)

Sub-paragraph (1) applies whether or not a replacement member of the group is selected under paragraph 58H.

Powers of chair pending group's constitution and first meeting

Sch 4 para 58J
Sch 4 para 58J(1)

While an OIM task group is being constituted, the OIM panel chair may take such steps as the OIM panel chair considers appropriate to facilitate the work of the group once it has been constituted.

Sch 4 para 58J(2)

The steps taken must be steps that it would be within the power of the group to take, had it already been constituted.

Independence of OIM task groups

Sch 4 para 58K
Sch 4 para 58K(1)

In exercising functions which they are authorised to exercise by virtue of any enactment, OIM task groups must act independently of the CMA Board.

Sch 4 para 58K(2)

Nothing in sub-paragraph (1) prevents—

Sch 4 para 58K(2)(a)

the CMA Board giving information in its possession to an OIM task group, or

Sch 4 para 58K(2)(b)

an OIM task group giving information in its possession to the CMA Board.

Casting votes

Sch 4 para 58L

If an OIM task group's vote on any decision is tied, the task group chair is to have a casting vote.

Procedure of OIM task groups

Sch 4 para 58M
Sch 4 para 58M(1)

An OIM task group may determine its own procedure (including determining its quorum).

Sch 4 para 58M(2)

In determining its procedure under sub-paragraph (1), an OIM task group must have regard to any guidance issued by the CMA Board.

Sch 4

Interpretation and transitional and transitory provision

Interpretation

Sch 4 para 59
Sch 4 para 59(1)

In this Schedule, “enactment” means—

Sch 4 para 59(1)(a)

an enactment contained in this or any other Act;

Sch 4 para 59(1)(b)

an enactment comprised in subordinate legislation within the meaning of the Interpretation Act 1978;

Sch 4 para 59(1)(c)

an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament;

Sch 4 para 59(1)(d)

a Measure or Act of the National Assembly for Wales;

Sch 4 para 59(1)(e)

an enactment contained in, or in an instrument made under, Northern Ireland legislation (within the meaning of the Interpretation Act 1978).

Sch 4 para 59(2)

Any reference in this Schedule to an enactment includes a reference to an enactment whenever passed or made.

Sch 4 para 60

References in this Schedule to the commencement date are to the date on which section 25(3) comes into force.

Members of the Competition Commission

Sch 4 para 61
Sch 4 para 61(1)

This paragraph applies—

Sch 4 para 61(1)(a)

in relation to any appointments under paragraph 1(1)(b) to the CMA panel that are made before the abolition of the Competition Commission under section 26, to any person who is a panel member of the Competition Commission and whose term of office as such is not due to expire before the abolition of the Competition Commission under that section;

Sch 4 para 61(1)(b)

in relation to any other appointment under paragraph 1(1)(b) to the CMA panel, to a person who was a panel member of the Competition Commission immediately prior to its abolition under section 26.

Sch 4 para 61(2)

A person to whom this paragraph applies may be appointed under paragraph 1(1)(b) as a member of the CMA panel.

Sch 4 para 61(3)

But the terms of the person's appointment as a member of the CMA panel must not be such that the sum of the period of his or her office as a member of the CMA panel, and of the period of his or her office as a panel member of the Competition Commission (excluding any period when he or she also holds office as a member of the CMA panel), exceeds eight years.

Sch 4 para 61(4)

Paragraph 4(1) applies for the purposes of the person's re-appointment as a member of the CMA panel as it does for the purposes of the re-appointment of a CMA panel member to whom this paragraph does not apply.

Sch 4 para 61(5)

The power conferred by section 100 includes power to make provision for the appointment of panel members of the Competition Commission as members of the CMA panel, or for the re-appointment of persons who are appointed as members of the CMA panel by virtue of sub-paragraph (2), for the purpose of enabling anything in the process of being done by or on behalf of the Competition Commission immediately prior to its abolition to be completed by or on behalf of the CMA; and nothing in sub-paragraphs (1) to (4) restricts the provision that may be made for that purpose.

Sch 4 para 62

Except as provided for by paragraph 61, a person who holds or has held office as a panel member of the Competition Commission at any time prior to its abolition may not be appointed under paragraph 1(1)(b) as a member of the CMA panel.

Sch 4 para 63

References in paragraphs 61 and 62 to a panel member of the Competition Commission are to a person appointed as a member of the Competition Commission of a kind mentioned in paragraph 2(3) of Schedule 7 to the Competition Act 1998.

Financial years of the CMA

Sch 4 para 64
Sch 4 para 64(1)

If the duration of the period beginning with the commencement date and ending with the next 31 March is six months or more, the first financial year of the CMA is that period.

Sch 4 para 64(2)

But if the duration of that period is less than six months, the first financial year of the CMA is the period beginning with the commencement date, and ending with the 31 March in the year following the next 31 March after the commencement date.

Sch 4 para 64(3)

The subsequent financial years of the CMA are each successive period of 12 months.

First annual plan of the CMA

Sch 4 para 65
Sch 4 para 65(1)

The CMA is to publish its first annual plan within the period of three months beginning with the commencement date.

Sch 4 para 65(2)

The first annual plan is to relate to the period beginning with the date of publication of the plan, and ending with the date on which the CMA's first financial year ends.

Sch 4A

Functions to which the CMA’s duty of expedition applies

Sch 4A

Introduction

Sch 4A para 1

The following functions are functions within this Schedule for the purposes of section 25(5).

Sch 4A

Competition functions

Sch 4A para 2 — Functions under the Enterprise Act 2002

Functions under Part 3 of the 2002 Act (mergers) other than functions under—

Sch 4A para 2(a)

section 94B (statement of policy about functions under sections 94 and 94AA);

Sch 4A para 2(b)

section 106 (advice and information about references under section 22 or 33);

Sch 4A para 2(c)

section 116 (statement of policy about penalties).

Sch 4A para 3 — Functions under the Enterprise Act 2002

Functions under Part 4 of the 2002 Act (market studies and market investigations) other than functions under—

Sch 4A para 3(a)

section 166 (register of undertakings and orders);

Sch 4A para 3(b)

section 167C(statement of policy about functions under sections 167 and 167A);

Sch 4A para 3(c)

section 171 (advice and information about market investigation references);

Sch 4A para 3(d)

section 174E (statement of policy about penalties).

Sch 4A para 4 — Functions under the Enterprise Act 2002

Functions under Part 6 of the 2002 Act (the cartel offence) other than functions under section 190A (cartel offence: prosecution guidance).

Sch 4A para 5 — Functions under Part 1 of the Competition Act 1998

Functions under Part 1 of the 1998 Act (competition) other than functions under—

Sch 4A para 5(a)

section 31D (guidance about the acceptance of commitments under section 31A);

Sch 4A para 5(b)

section 35C(statement of policy about penalties under sections 31E, 34 and 35A);

Sch 4A para 5(c)

section 38 (the appropriate level of a penalty);

Sch 4A para 5(d)

section 40B (statement of policy about penalties under section 40A);

Sch 4A para 5(e)

section 51 (CMA rules);

Sch 4A para 5(f)

section 52 (advice and information about the Chapter 1 and 2 prohibitions);

Sch 4A para 5(g)

section 54 (functions of sectoral regulators).

Sch 4A para 6 — Functions under Chapter 3 of Part 2 of the Water Industry Act 1991

Functions under sections 32 to 35 of the Water Industry Act 1991 (protection of consumers: competition provisions).

Sch 4A

Consumer functions

Sch 4A para 7 — Functions under Part 3 of the Digital Markets, Competition and Consumers Act 2024

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—

Sch 4A para 7(a)

section 199(statement of policy about penalties);

Sch 4A para 7(b)

sections 210 and 211(rules about direct enforcement functions);

Sch 4A para 7(c)

section 212(guidance about direct enforcement functions).

Sch 4A para 8 — Functions under Part 3 of the Digital Markets, Competition and Consumers Act 2024

Functions under Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024 (protection from unfair trading).

Sch 4A para 9 — Functions under the Consumer Rights Act 2015
Sch 4A para 9(1)

Functions under Schedule 3 to the Consumer Rights Act 2015 (enforcement of law on unfair contract terms and notices) other than functions under paragraph 7(2) to (5) of that Schedule (provision of information and advice).

Sch 4A para 9(2)

Functions under Schedule 5 to the Consumer Rights Act 2015 (investigatory powers) other than functions under paragraph 16F of that Schedule (statement of policy about penalties).

Sch 4A para 10 — Functions under the Business Protection from Misleading Marketing Regulations 2008

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).

Sch 4A

Digital market functions

Sch 4A para 11 — Functions under Part 1 of the Digital Markets, Competition and Consumers Act 2024

Functions under Part 1 of the Digital Markets, Competition and Consumers Act 2024 (digital markets) other than functions under—

Sch 4A para 11(a)

section 60(content of report under section 57 etc);

Sch 4A para 11(b)

section 67(regulations about duty to notify);

Sch 4A para 11(c)

section 91(statement of policy on penalties);

Sch 4A para 11(d)

section 114(guidance about functions under Part 1).

Sch 5

Amendments related to Part 3

Sch 5

Transfer of functions under the 1998 Act to the CMA

Sch 5 para 1

The Competition Act 1998 is amended as follows.

Sch 5 para 2

In section 6 (block exemptions), in subsections (1) and (6), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 3

In section 8 (block exemptions: procedure), in subsections (1) to (3) and (5), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 4

In section 10 (parallel exemptions), in subsections (5), (7) and (8), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 5
Sch 5 para 5(1)

Section 25 (power to investigate) is amended as follows.

Sch 5 para 5(2)

In subsections (1) and (8) to (11), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 5(3)

In the heading, for “OFT” substitute “ CMA ”.

Sch 5 para 6

In section 26 (powers when conducting investigations), in subsections (1) and (5), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 7

In section 27 (power to enter business premises without a warrant), in subsections (1) and (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 8
Sch 5 para 8(1)

Section 28 (power to enter business premises under a warrant) is amended as follows.

Sch 5 para 8(2)

In subsection (1)(b)(i), for “OFT” substitute “ CMA ”.

Sch 5 para 8(3)

In subsection (2)—

Sch 5 para 8(3)(a)

for “OFT” (in each place where it occurs) substitute “ CMA ”, and

Sch 5 para 8(3)(b)

for “OFT's” substitute “CMA's”.

Sch 5 para 9

In section 28A (power to enter domestic premises under a warrant), in subsections (1)(b)(i) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 10

In section 31 (decisions following an investigation), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 11

In section 31A (commitments), in subsections (1) to (4), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 12

In section 31B (effect of commitments under section 31A), in subsections (1) to (5), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 13

In section 31C (review of commitments), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 14

In section 31D (guidance), in subsections (1) to (3), (5), (6) and (8), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 15

In section 31E (enforcement of commitments), in subsection (1), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 16

In section 32 (directions in relation to agreements), in subsection (1), for “OFT” substitute “ CMA ”.

Sch 5 para 17

In section 33 (directions in relation to conduct), in subsection (1), for “OFT” substitute “ CMA ”.

Sch 5 para 18

In section 34 (enforcement of directions), in subsection (1), for “OFT” substitute “ CMA ”.

Sch 5 para 19

In section 35 (interim measures), in subsections (1) to (4), (8) and (9), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 20

In section 36 (penalties), in subsections (1) to (5), (8) and (9), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 21

In section 37 (recovery of penalties), in subsection (1), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 22

In section 38 (the appropriate level of a penalty), in subsections (1) to (3), (5), (6), (8) and (9), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 23

In section 39 (limited immunity in relation to the Chapter 1 prohibition), in subsections (3) to (5) and (8), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 24

In section 40 (limited immunity in relation to the Chapter 2 prohibition), in subsections (3) to (5) and (8), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 25

In section 44 (false or misleading information), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 26

In section 46 (appealable decisions), in subsections (1) to (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 27

In section 47 (third party appeals), in subsection (1), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 28

In section 47A (monetary claims before Tribunal), in subsections (6) and (7), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 29

In section 50 (vertical agreements and land agreements), in subsection (3), for “OFT” substitute “ CMA ”.

Sch 5 para 30

In the cross-heading preceding section 51, for “OFT's” substitute “CMA's”.

Sch 5 para 31
Sch 5 para 31(1)

Section 51 (rules) is amended as follows.

Sch 5 para 31(2)

In subsection (1), for “OFT” substitute “ CMA ”.

Sch 5 para 31(3)

In subsection (2), for “OFT's” substitute “CMA's”.

Sch 5 para 31(4)

In subsections (3) and (5) to (10), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 32
Sch 5 para 32(1)

Section 52 (advice and information) is amended as follows.

Sch 5 para 32(2)

In subsection (1), for the words from the beginning to “the Director” substitute “ The CMA ”.

Sch 5 para 32(3)

In subsection (1A), for the words from the beginning to “the OFT” substitute “ The CMA ”.

Sch 5 para 32(4)

In subsections (2) to (6) and (8), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 33

In section 54 (regulators), in subsections (2), (5) and (7), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 34

In section 57 (defamation), for “OFT” substitute “ CMA ”.

Sch 5 para 35

In the cross-heading preceding section 58, for “OFT” substitute “ CMA ”.

Sch 5 para 36
Sch 5 para 36(1)

Section 58 (findings of fact) is amended as follows.

Sch 5 para 36(2)

In subsection (1), for “an OFT's” substitute “a CMA's”.

Sch 5 para 36(3)

In subsection (2)—

Sch 5 para 36(3)(a)

for “an OFT's” substitute “a CMA's”, and

Sch 5 para 36(3)(b)

for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 36(4)

In subsection (3), for “OFT” substitute “ CMA ”.

Sch 5 para 36(5)

In the heading, for “OFT” substitute “ CMA ”.

Sch 5 para 37

In section 58A (findings of infringements), in subsections (3) and (4), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 38
Sch 5 para 38(1)

Section 59 (interpretation of Part 1) is amended as follows.

Sch 5 para 38(2)

In subsection (1)—

Sch 5 para 38(2)(a)

after the definition of “the Chapter II prohibition” insert—, and

Sch 5 para 38(2)(b)

omit the definition of “the OFT”.

Sch 5 para 38(3)

In subsection (4), for “OFT” substitute “ CMA ”.

Sch 5 para 39

In section 60 (principles to be applied in determining questions), in subsection (4), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 40

In section 61 (interpretation of Part 2), in subsection (1)—

Sch 5 para 40(a)

after the definition of “books and records” insert—, and

Sch 5 para 40(b)

omit the definition of “the OFT”.

Sch 5 para 41

In section 62 (power to enter business premises under a warrant: Article 20 inspections), in subsections (5) and (10), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 42

In section 62A (power to enter non-business premises under a warrant: Article 21 inspections), in subsections (3) to (5), and (12), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 43

In section 62B (powers when conducting Article 22(2) inspection), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 44

In section 63 (power to enter business premises under a warrant: Article 22(2) inspections), in subsections (1)(a), (2) to (5) and (10), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 45
Sch 5 para 45(1)

Section 65C (interpretation of Part 2A) is amended as follows.

Sch 5 para 45(2)

In subsection (1), in the definition of “Article 22(1) investigation”, for “OFT” substitute “ CMA ”.

Sch 5 para 45(3)

In subsection (2)—

Sch 5 para 45(3)(a)

after the entry for “Article 82” insert— “ “the CMA”; ”, and

Sch 5 para 45(3)(b)

omit the entry for “the OFT”.

Sch 5 para 45(4)

In subsection (4), for “OFT” substitute “ CMA ”.

Sch 5 para 46

In section 65D (power to conduct an Article 22(1) investigation), in subsection (1), for “OFT” substitute “ CMA ”.

Sch 5 para 47

In section 65E (powers when conducting Article 22(1) investigations), in subsections (1) and (5), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 48

In section 65F (power to enter business premises without a warrant), in subsections (1) and (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 49

In section 65G (power to enter business premises under a warrant), in subsections (1)(b)(i) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 50

In section 65H (power to enter domestic premises under a warrant), in subsections (1)(b)(i) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 51

In section 65N (false or misleading information), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 52

In section 75A (rules in relation to Parts 2 and 2A), in subsections (1) to (8), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 53
Sch 5 para 53(1)

Schedule 1 (exclusions: mergers and concentrations) is amended as follows.

Sch 5 para 53(2)

In paragraph 4, in sub-paragraphs (1) to (5), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 53(3)

In paragraph 5, for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 54

In Schedule 2 (exclusions: other competition scrutiny), in Part 3, in paragraph 5(3)(a), for “Director” substitute “ CMA ”.

Sch 5 para 55
Sch 5 para 55(1)

Schedule 3 (general exclusions) is amended as follows.

Sch 5 para 55(2)

In paragraph 9, in sub-paragraphs (3) to (7), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 56
Sch 5 para 56(1)

Schedule 6A (commitments) is amended as follows.

Sch 5 para 56(2)

In paragraph 1, for “OFT” substitute “ CMA ”.

Sch 5 para 56(3)

In paragraph 2—

Sch 5 para 56(3)(a)

in sub-paragraph (1), for “OFT” substitute “ CMA ”, and

Sch 5 para 56(3)(b)

in sub-paragraph (2)—

Sch 5 para 56(3)(b)(i)

for “OFT” (in each place where it occurs) substitute “ CMA ”, and

Sch 5 para 56(3)(b)(ii)

for “OFT's” substitute “CMA's”.

Sch 5 para 56(4)

In paragraph 3, in sub-paragraph (1), for “OFT” substitute “ CMA ”.

Sch 5 para 56(5)

In paragraph 4, for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 56(6)

In paragraph 5, for “OFT” substitute “ CMA ”.

Sch 5 para 56(7)

In paragraph 6, for “OFT” substitute “ CMA ”.

Sch 5 para 56(8)

In paragraph 7, for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 56(9)

In paragraph 8, for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 56(10)

In paragraph 10, for “OFT” substitute “ CMA ”.

Sch 5 para 56(11)

In paragraph 11, in sub-paragraph (1), for “OFT” substitute “ CMA ”.

Sch 5 para 56(12)

In paragraph 12, for “OFT” substitute “ CMA ”.

Sch 5 para 56(13)

In paragraph 13, for “OFT” substitute “ CMA ”.

Sch 5 para 56(14)

In paragraph 14, for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 57
Sch 5 para 57(1)

Schedule 8 (appeals) is amended as follows.

Sch 5 para 57(2)

In paragraph 2, in sub-paragraph (2), for “OFT's” substitute “CMA's”.

Sch 5 para 57(3)

In paragraph 3, in sub-paragraphs (2) and (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 57(4)

In paragraph 3A, in sub-paragraph (3), for “OFT” substitute “ CMA ”.

Sch 5 para 58
Sch 5 para 58(1)

Schedule 9 (rules under section 51) is amended as follows.

Sch 5 para 58(2)

In the heading, for “OFT's” substitute “CMA's”.

Sch 5 para 58(3)

In paragraph 1, for “OFT” substitute “ CMA ”.

Sch 5 para 58(4)

In paragraph 5, in sub-paragraphs (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 58(5)

In paragraph 8, for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 58(6)

In paragraph 9, for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 58(7)

In paragraph 11, for “OFT” substitute “ CMA ”.

Sch 5 para 58(8)

In paragraph 12, in sub-paragraph (1)—

Sch 5 para 58(8)(a)

for “OFT” substitute “ CMA ”, and

Sch 5 para 58(8)(b)

for “OFT's” substitute “CMA's”.

Sch 5 para 58(9)

In paragraph 13—

Sch 5 para 58(9)(a)

for “OFT” substitute “ CMA ”, and

Sch 5 para 58(9)(b)

for “OFT's” substitute “CMA's”.

Sch 5 para 58(10)

In paragraph 14, for “OFT” substitute “ CMA ”.

Sch 5

Transfer of functions under the 2002 Act to the CMA

Sch 5 para 59

The Enterprise Act 2002 is amended as follows.

Part 1

Sch 5 para 60
Sch 5 para 60(1)

Section 5 (acquisition of information etc) is amended as follows.

Sch 5 para 60(2)

In subsections (1), (2) and (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 60(3)

In the italic cross-heading preceding the section for “OFT” substitute “ the CMA ”.

Sch 5 para 61

In section 6 (provision of information etc to the public), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 62
Sch 5 para 62(1)

Section 7 (provision of information and advice to Ministers etc) is amended as follows.

Sch 5 para 62(2)

In subsection (1), for “OFT” substitute “ CMA ”.

Sch 5 para 62(3)

In subsection (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 63

Omit section 8 (promoting good consumer practice).

Sch 5 para 64
Sch 5 para 64(1)

Section 11 (super-complaints) is amended as follows.

Sch 5 para 64(2)

In subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 64(3)

In subsection (3), for “OFT's” substitute “CMA's”.

Sch 5 para 64(4)

In subsection (7), for “OFT” substitute “ CMA ”.

Sch 5 para 65

For the title to Part 1 substitute “ General functions of the CMA ”.

Part 2

Sch 5 para 66

In Schedule 4 (Competition Appeal Tribunal: procedure), in Part 2 (Tribunal rules), in paragraph 22(2), for “OFT” substitute “ CMA ”.

Part 3

Sch 5 para 67
Sch 5 para 67(1)

Section 22 (duty to make references in relation to completed mergers) is amended as follows.

Sch 5 para 67(2)

In subsection (1), for the words before paragraph (a) substitute “ The CMA shall, subject to subsections (2) and (3), make a reference to its chair for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 if the CMA believes that it is or may be the case that— ”.

Sch 5 para 67(3)

In subsection (2)—

Sch 5 para 67(3)(a)

in the words before paragraph (a), for “OFT” substitute “ CMA ”, and

Sch 5 para 67(3)(b)

in paragraph (a), omit “to the Commission”.

Sch 5 para 67(4)

In subsections (3) and (3A), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 67(5)

In subsection (7)—

Sch 5 para 67(5)(a)

in paragraph (a), for “the OFT or (as the case may be) the Commission” substitute “ the CMA ”, and

Sch 5 para 67(5)(b)

in paragraph (b), for “the OFT, the Commission” substitute “ the CMA ”.

Sch 5 para 68

In section 23 (relevant merger situations), in subsection (9), in paragraph (a), for “Commission” substitute “ CMA ”.

Sch 5 para 69

In section 24 (time-limits and prior notice), in subsection (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 70

In section 25 (extension of time-limits), in subsections (1) to (6) and (8), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 71

In section 28 (turnover test), in subsection (5), for “OFT” substitute “ CMA ”.

Sch 5 para 72
Sch 5 para 72(1)

Section 33 (duty to make references in relation to anticipated mergers) is amended as follows.

Sch 5 para 72(2)

In subsection (1), for the words before paragraph (a) substitute “ The CMA shall, subject to subsections (2) and (3), make a reference to its chair for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 if the CMA believes that it is or may be the case that— ”.

Sch 5 para 72(3)

In subsection (2)—

Sch 5 para 72(3)(a)

in the words before paragraph (a), for “OFT” substitute “ CMA ”,

Sch 5 para 72(3)(b)

in paragraph (a), omit “to the Commission”, and

Sch 5 para 72(3)(c)

in paragraph (b), omit “to the Commission”.

Sch 5 para 72(4)

In subsections (3) and (3A), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 73
Sch 5 para 73(1)

Section 34A (duty where case referred by the European Commission) is amended as follows.

Sch 5 para 73(2)

In subsection (1), for “OFT” substitute “ CMA ”.

Sch 5 para 73(3)

In subsection (2)—

Sch 5 para 73(3)(a)

in the words before paragraph (a), for “OFT” substitute “ CMA ”, and

Sch 5 para 73(3)(b)

in paragraph (a), omit “to the Commission”.

Sch 5 para 73(4)

In subsection (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 73(5)

In the heading, for “OFT” substitute “ CMA ”.

Sch 5 para 74

Before section 35 (but after the italic cross-heading immediately preceding it) insert—

Sch 5 para 75

In section 35 (questions to be decided in relation to completed mergers), in subsections (1) and (3) to (7), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 76

In section 36 (questions to be decided in relation to anticipated mergers), in subsections (1) to (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 77
Sch 5 para 77(1)

Section 37 (cancellation and variation of references under section 22 or 33) is amended as follows.

Sch 5 para 77(2)

In subsections (1) to (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 77(3)

In subsection (6), for “OFT” substitute “ CMA ”.

Sch 5 para 77(4)

Omit subsections (7) and (8).

Sch 5 para 77(5)

In subsection (9)—

Sch 5 para 77(5)(a)

for “OFT” substitute “ CMA ”, and

Sch 5 para 77(5)(b)

for “Commission” substitute “ CMA ”.

Sch 5 para 78
Sch 5 para 78(1)

Section 38 (investigations and reports on references under section 22 or 33) is amended as follows.

Sch 5 para 78(2)

In subsections (1) to (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 78(3)

Omit subsection (4).

Sch 5 para 79

In section 39 (time-limits for investigations and reports), in subsections (1), (3), (4) and (8), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 80

In section 40 (section 39: supplementary), in subsections (10), (11) and (13), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 81

In section 41 (duty to remedy effects of completed or anticipated mergers), in subsections (1) to (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 82
Sch 5 para 82(1)

Section 42 (intervention by Secretary of State in certain public interest cases) is amended as follows.

Sch 5 para 82(2)

In subsection (2), for “OFT” substitute “ CMA ”.

Sch 5 para 82(3)

In subsection (6)—

Sch 5 para 82(3)(a)

for “OFT” (in each place where it occurs) substitute “ CMA ”, and

Sch 5 para 82(3)(b)

for “Commission” substitute “ CMA ”.

Sch 5 para 83
Sch 5 para 83(1)

Section 43 (intervention notices under section 42) is amended as follows.

Sch 5 para 83(2)

In subsection (4)—

Sch 5 para 83(2)(a)

in paragraph (a), for “OFT” substitute “ CMA ”, and

Sch 5 para 83(2)(b)

for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 84
Sch 5 para 84(1)

Section 44 (investigation and report) is amended as follows.

Sch 5 para 84(2)

In subsections (2) and (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 84(3)

In subsection (4) —

Sch 5 para 84(3)(a)

in the words before paragraph (a), for “OFT” substitute “ CMA ”, and

Sch 5 para 84(3)(b)

in paragraph (c), omit “to the Commission”.

Sch 5 para 84(4)

In subsections (5), (5A) and (7), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 84(5)

In the heading, for “OFT” substitute “ CMA ”.

Sch 5 para 85
Sch 5 para 85(1)

Section 45 (power of Secretary of State to refer matter) is amended as follows.

Sch 5 para 85(2)

In subsection (1), in paragraph (b), for “OFT” substitute “ CMA ”.

Sch 5 para 85(3)

In subsections (2) to (5), for “to the Commission” (in each place where it occurs) substitute “ to the chair of the CMA for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 ”.

Sch 5 para 85(4)

In the heading, for “Commission” substitute “ CMA ”.

Sch 5 para 86

In section 46 (references under section 46: supplementary), in subsection (2), for “OFT” substitute “ CMA ”.

Sch 5 para 87
Sch 5 para 87(1)

Section 46A (cases referred by European Commission where intervention notice is in force) is amended as follows.

Sch 5 para 87(2)

In subsection (1), for “OFT” substitute “ CMA ”.

Sch 5 para 87(3)

In subsection (2), in paragraph (a), omit “to the Commission”.

Sch 5 para 88

Before section 47 (but after the italic cross-heading immediately preceding it) insert—

Sch 5 para 89

In section 47 (questions to be decided on references under section 45), in subsections (1) to (11), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 90

In section 48 (cases where references on certain questions need not be decided), in subsections (1) to (3) for “Commission” (in each place where it occurs), substitute “ CMA ”.

Sch 5 para 91

In section 49 (variation of references under section 45), in subsections (1) to (4) and (7) to (9), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 92

In section 50 (investigations and reports on references under section 45), in subsections (1) to (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 93
Sch 5 para 93(1)

Section 51 (time-limits for investigations and reports) is amended as follows.

Sch 5 para 93(2)

In subsections (1) to (4) and (8), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 93(3)

In the heading, for “Commission” substitute “ CMA ”.

Sch 5 para 94

Section 52 (section 51: supplementary), in subsections (10), (11) and (13), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 95
Sch 5 para 95(1)

Section 53 (restrictions on action where public interest considerations not finalised) is amended as follows.

Sch 5 para 95(2)

In subsection (1), for “Commission” substitute “ CMA ”.

Sch 5 para 95(3)

In subsection (2)—

Sch 5 para 95(3)(a)

omit “to the Commission”, and

Sch 5 para 95(3)(b)

for “Commission” substitute “ CMA ”.

Sch 5 para 95(4)

In subsections (3) to (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 96
Sch 5 para 96(1)

Section 54 (decision of Secretary of State in public interest cases) is amended as follows.

Sch 5 para 96(2)

In subsection (1), for “Commission” substitute “ CMA ”.

Sch 5 para 96(3)

In subsection (3), omit “to the Commission” (in each place where it occurs).

Sch 5 para 96(4)

In subsections (5) and (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 96(5)

In subsection (7)—

Sch 5 para 96(5)(a)

omit “to the Commission” (in each place where it occurs),

Sch 5 para 96(5)(b)

for “of the Commission” (in each place where it occurs) substitute “ of the CMA ”, and

Sch 5 para 96(5)(c)

in paragraph (b)(ii), for “OFT” substitute “ CMA ”.

Sch 5 para 97

In section 55 (enforcement action by Secretary of State), in subsection (3), for “Commission” substitute “ CMA ”.

Sch 5 para 98
Sch 5 para 98(1)

Section 56 (competition cases where intervention on public interest grounds ceases) is amended as follows.

Sch 5 para 98(2)

In subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 98(3)

In subsection (3)—

Sch 5 para 98(3)(a)

for “Commission” (in each place where it occurs) substitute “ CMA ”,

Sch 5 para 98(3)(b)

for “the report of the OFT” substitute “ its report ”, and

Sch 5 para 98(3)(c)

omit “to it by the OFT”.

Sch 5 para 98(4)

In subsection (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 98(5)

In subsection (6)—

Sch 5 para 98(5)(a)

for “Commission” substitute “ CMA ”, and

Sch 5 para 98(5)(b)

omit “to it”.

Sch 5 para 98(6)

In subsection (7), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 98(7)

In subsection (8)—

Sch 5 para 98(7)(a)

for “Commission” substitute “ CMA ”,

Sch 5 para 98(7)(b)

after “(6)” insert,

Sch 5 para 98(7)(c)

omit “to the Commission by the OFT”, and

Sch 5 para 98(7)(d)

at the end insert

Sch 5 para 99
Sch 5 para 99(1)

Section 57 (duties of authorities to inform Secretary of State) is amended as follows.

Sch 5 para 99(2)

In subsection (1), for “OFT” substitute “ CMA ”.

Sch 5 para 99(3)

In subsection (2)—

Sch 5 para 99(3)(a)

for “OFT, OFCOM and the Commission” substitute “ CMA and OFCOM ”, and

Sch 5 para 99(3)(b)

for “OFT, OFCOM or (as the case may be) the Commission” substitute “ CMA or (as the case may be) OFCOM ”.

Sch 5 para 99(4)

In the heading, for “OFT and Commission” substitute “ CMA and OFCOM ”.

Sch 5 para 100

In section 58 (specified considerations), in subsection (4)(b) for “OFT, OFCOM, the Commission” substitute “ CMA, OFCOM ”.

Sch 5 para 101
Sch 5 para 101(1)

Section 59 (intervention by Secretary of State in special public interest cases) is amended as follows.

Sch 5 para 101(2)

In subsection (2), for “OFT” substitute “ CMA ”.

Sch 5 para 101(3)

In subsection (6)—

Sch 5 para 101(3)(a)

for “OFT” (in each place where it occurs) substitute “ CMA ”, and

Sch 5 para 101(3)(b)

for “Commission” substitute “ CMA ”.

Sch 5 para 102
Sch 5 para 102(1)

Section 60 (special intervention notices under section 59) is amended as follows.

Sch 5 para 102(2)

In subsection (4)—

Sch 5 para 102(2)(a)

in paragraph (a), for “OFT” substitute “ CMA ”, and

Sch 5 para 102(2)(b)

for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 103
Sch 5 para 103(1)

In section 61 (initial investigation and report) is amended as follows.

Sch 5 para 103(2)

In subsections (2) to (4A) and (6), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 103(3)

In the heading, for “OFT” substitute “ CMA ”.

Sch 5 para 104
Sch 5 para 104(1)

Section 62 (power of Secretary of State to refer matter) is amended as follows.

Sch 5 para 104(2)

In subsection (1), in paragraph (b), for “OFT” substitute “ CMA ”.

Sch 5 para 104(3)

In subsections (2) and (3), for “to the Commission” (in each place where it occurs), substitute “ to the chair of the CMA for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 ”.

Sch 5 para 104(4)

In subsection (5), for “OFT” substitute “ CMA ”.

Sch 5 para 105

Before section 63 insert—

Sch 5 para 106

In section 63 (questions to be decided on references under section 62), in subsections (1) to (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 107

In section 64 (cancellation and variation of references under section 62), in subsections (1) to (4) and (7) to (9), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 108

In section 65 (investigations and reports on references under section 62), in subsections (1) to (2A) and (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 109

In section 66 (decision and enforcement action by Secretary of State), in subsections (1) to (4) and (7), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 110

In section 67 (intervention to protect legitimate interests), in subsections (2) and (8), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 111

In section 68 (scheme for protecting legitimate interests), in subsection (4)—

Sch 5 para 111(a)

in paragraph (b), for “OFT” substitute “ CMA ”,

Sch 5 para 111(b)

in paragraph (c), for “to the Commission” substitute “ to the chair of the CMA for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 ”, and

Sch 5 para 111(c)

in paragraph (d), for “the Commission” substitute “ the CMA, acting through a group so constituted, ”.

Sch 5 para 112

In section 72 (initial enforcement orders), in subsections (2), (6) and (7), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 113

In section 73 (undertakings in lieu of references), in subsections (1) to (4), (5) and (7), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 114

In section 74 (effect of undertakings under section 73), in subsections (1), (2) and (5), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 115

In section 75 (order making power where undertakings under section 73 not fulfilled), in subsections (1), (2), (4) and (6), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 116
Sch 5 para 116(1)

Section 76 (supplementary interim order-making power) is amended as follows

Sch 5 para 116(2)

In subsection (1)—

Sch 5 para 116(2)(a)

in paragraph (a), for “OFT” substitute “ CMA ”, and

Sch 5 para 116(2)(b)

in paragraph (b), for “Commission” substitute “ CMA ”.

Sch 5 para 116(3)

In subsections (2), (3), (4) and (7), for “OFT or (as the case may be) the Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 117

In section 77 (restrictions on certain dealings: completed mergers), in subsections (2), (3), (5) and (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 118

In section 78 (restrictions on certain dealings: anticipated mergers), in subsections (2) to (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 119
Sch 5 para 119(1)

Section 79 (sections 77 and 78: further interpretation provisions) is amended as follows.

Sch 5 para 119(2)

In subsection (1), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 119(3)

In subsection (4), for “OFT” substitute “ CMA ”.

Sch 5 para 120
Sch 5 para 120(1)

Section 80 (interim undertakings) is amended as follows.

Sch 5 para 120(2)

In subsections (2), (5) and (9), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 120(3)

In subsection (10), for “Commission's” substitute “CMA's”.

Sch 5 para 121
Sch 5 para 121(1)

Section 81 (interim orders) is amended as follows.

Sch 5 para 121(2)

In subsection (2), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 121(3)

In subsection (9), for “Commission” substitute “ CMA ”.

Sch 5 para 122

In section 82 (final undertakings), in subsections (1), (2) and (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 123
Sch 5 para 123(1)

Section 83 (order-making powers where final undertakings not fulfilled) is amended as follows.

Sch 5 para 123(2)

In subsection (1), in the words before paragraph (a), for “Commission” substitute “ CMA ”.

Sch 5 para 123(3)

In that subsection, in paragraph (b)—

Sch 5 para 123(3)(a)

for “Commission or the OFT” substitute “ CMA ”, and

Sch 5 para 123(3)(b)

for “Commission decided” substitute “ CMA decided ”.

Sch 5 para 123(4)

In subsections (2) and (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 123(5)

Omit subsection (6).

Sch 5 para 124
Sch 5 para 124(1)

Section 84 (final orders) is amended as follows.

Sch 5 para 124(2)

In subsections (1) and (2), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 124(3)

Omit subsection (4).

Sch 5 para 125

In section 85 (enforcement regime for public interest and special interest cases), in subsection (2), for “OFT” substitute “ CMA ”.

Sch 5 para 126
Sch 5 para 126(1)

Section 91 (register of undertakings and orders) is amended as follows.

Sch 5 para 126(2)

In subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 126(3)

In subsection (3)—

Sch 5 para 126(3)(a)

in the words before paragraph (a), for “OFT” substitute “ CMA ”, and

Sch 5 para 126(3)(b)

in paragraph (d), for “Commission” substitute “ CMA ”.

Sch 5 para 126(4)

In subsection (4), for “OFT” substitute “ CMA ”.

Sch 5 para 126(5)

In subsection (5)—

Sch 5 para 126(5)(a)

for “Commission and the Secretary of State” substitute “ Secretary of State ”,

Sch 5 para 126(5)(b)

for “OFT” substitute “ CMA ”, and

Sch 5 para 126(5)(c)

for “by them” (in each place where it occurs) substitute “ by the Secretary of State ”.

Sch 5 para 126(6)

In subsections (6) and (7), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 127

In the italic cross-heading preceding section 92, for “OFT” substitute “ CMA ”.

Sch 5 para 128
Sch 5 para 128(1)

Section 92 (duty to monitor undertakings and orders) is amended as follows.

Sch 5 para 128(2)

In subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 128(3)

In subsection (3)—

Sch 5 para 128(3)(a)

in the words before paragraph (a)—

Sch 5 para 128(3)(a)(i)

for “OFT” substitute “ CMA ”, and

Sch 5 para 128(3)(a)(ii)

omit “the Commission or (as the case may be)”,

Sch 5 para 128(3)(b)

in paragraph (a)—

Sch 5 para 128(3)(b)(i)

omit “the Commission or (as the case may be)”, and

Sch 5 para 128(3)(b)(ii)

omit “it (or as the case may be)”, and

Sch 5 para 128(3)(c)

in paragraphs (b) to (d), omit “the Commission or (as the case may be)” (in each place where it occurs).

Sch 5 para 128(4)

In subsections (4) to (6), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 128(5)

In subsection (7)—

Sch 5 para 128(5)(a)

in the words before paragraph (a), for “OFT” substitute “ CMA ”,

Sch 5 para 128(5)(b)

omit paragraph (a), and

Sch 5 para 128(5)(c)

in paragraph (b), for “the report” substitute “ any report prepared by it under subsection (6) ”.

Sch 5 para 128(6)

In the heading, for “OFT” substitute “ CMA ”.

Sch 5 para 129
Sch 5 para 129(1)

Section 93 (further role in relation to undertakings and orders) is amended as follows.

Sch 5 para 129(2)

In subsection (1), omit paragraph (a) and the word “or” immediately following it.

Sch 5 para 129(3)

In subsection (2)—

Sch 5 para 129(3)(a)

for the words from the beginning to “authority”)” substitute “ The Secretary of State ”,

Sch 5 para 129(3)(b)

for “OFT” substitute “ CMA ”,

Sch 5 para 129(3)(c)

for “relevant authority” (in each place where it occurs) substitute “ Secretary of State ”, and

Sch 5 para 129(3)(d)

omit “section 80 or 82 or (as the case may be)”.

Sch 5 para 129(4)

In subsection (3)—

Sch 5 para 129(4)(a)

for “relevant authority” (in each place where it occurs) substitute “ Secretary of State ”,

Sch 5 para 129(4)(b)

for “OFT” substitute “ CMA ”, and

Sch 5 para 129(4)(c)

for “OFT's” substitute “CMA's”.

Sch 5 para 129(5)

In subsection (4)—

Sch 5 para 129(5)(a)

for “OFT” substitute “ CMA ”,

Sch 5 para 129(5)(b)

for “relevant authority” substitute “ Secretary of State ”, and

Sch 5 para 129(5)(c)

omit “section 80 or 82 or (as the case may be)”.

Sch 5 para 129(6)

In subsection (6)—

Sch 5 para 129(6)(a)

for “relevant authority” substitute “ Secretary of State ”, and

Sch 5 para 129(6)(b)

for “OFT” substitute “ CMA ”.

Sch 5 para 129(7)

In the heading, for “OFT” substitute “ CMA ”.

Sch 5 para 130
Sch 5 para 130(1)

Section 94 (rights to enforce undertakings and orders) is amended as follows.

Sch 5 para 130(2)

In subsection (6), for “OFT” substitute “ CMA ”.

Sch 5 para 130(3)

Omit subsection (7).

Sch 5 para 131
Sch 5 para 131(1)

Section 95 (rights to enforce statutory restrictions) is amended as follows.

Sch 5 para 131(2)

In subsection (4), for “OFT or the Commission” substitute “ CMA ”.

Sch 5 para 131(3)

In subsection (5), for “OFT” substitute “ CMA ”.

Sch 5 para 132
Sch 5 para 132(1)

Section 96 (merger notices) is amended as follows.

Sch 5 para 132(2)

In subsection (1), for “OFT” substitute “ CMA ”.

Sch 5 para 132(3)

In subsection (5), for “OFT” substitute “ CMA ”.

Sch 5 para 133
Sch 5 para 133(1)

Section 99 (certain functions in relation to merger notices) is amended as follows.

Sch 5 para 133(2)

In subsection (1), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 133(3)

In subsection (5), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 133(4)

In the heading, for “OFT and Secretary of State” substitute “ CMA ”.

Sch 5 para 134

In section 100 (exceptions to protection given by merger notices), in subsection (1), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 135
Sch 5 para 135(1)

Section 104 (certain duties of relevant authorities to consult) is amended as follows.

Sch 5 para 135(2)

In subsection (6), in the definition of “relevant authority” for “OFT, the Commission” substitute “ CMA ”.

Sch 5 para 135(3)

In that subsection, in the definition of “relevant decision”—

Sch 5 para 135(3)(a)

for “OFT” (in each place where it occurs) substitute “ CMA ”,

Sch 5 para 135(3)(b)

in paragraph (a), after sub-paragraph (ii) insert, and

Sch 5 para 135(3)(c)

omit paragraph (b).

Sch 5 para 136

In section 104A (public consultation in relation to media mergers), in subsections (1) to (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 137
Sch 5 para 137(1)

Section 105 (general information duties) is amended as follows.

Sch 5 para 137(2)

In subsection (1), for “OFT” substitute “ CMA ”.

Sch 5 para 137(3)

In subsection (3)—

Sch 5 para 137(3)(a)

in the words before paragraph (a)—

Sch 5 para 137(3)(a)(i)

for “OFT” substitute “ CMA ”, and

Sch 5 para 137(3)(a)(ii)

omit “Commission or”,

Sch 5 para 137(3)(b)

in paragraph (a), omit “the Commission or (as the case may be)” (in each place where it occurs), and

Sch 5 para 137(3)(c)

in paragraph (b)—

Sch 5 para 137(3)(c)(i)

omit “the Commission or (as the case may be)”, and

Sch 5 para 137(3)(c)(ii)

for “OFT” substitute “ CMA ”.

Sch 5 para 137(4)

In subsection (3A)—

Sch 5 para 137(4)(a)

in the words before paragraph (a), for “Commission or the OFT” substitute “ CMA ”, and

Sch 5 para 137(4)(b)

for “Commission or (as the case may be) the OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 137(5)

In subsection (4)—

Sch 5 para 137(5)(a)

for “OFT” (in each place where it occurs) substitute “ CMA ”,

Sch 5 para 137(5)(b)

for “the Commission or OFCOM” substitute “ OFCOM ”, and

Sch 5 para 137(5)(c)

omit “the Commission or (as the case may be)” (in each place where it occurs).

Sch 5 para 137(6)

In subsection (4A)—

Sch 5 para 137(6)(a)

for “Commission or the OFT” substitute “ CMA ”, and

Sch 5 para 137(6)(b)

for “Commission or (as the case may be) the OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 137(7)

In subsection (5)—

Sch 5 para 137(7)(a)

in the words before paragraph (a), for “OFT, OFCOM and the Commission” substitute “ CMA and OFCOM ”, and

Sch 5 para 137(7)(b)

in paragraph (b), for “OFT, OFCOM or (as the case may be) the Commission” substitute “ CMA or (as the case may be) OFCOM ”.

Sch 5 para 137(8)

In subsection (6), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 137(9)

In subsection (7)—

Sch 5 para 137(9)(a)

for “Commission” substitute “ CMA ”, and

Sch 5 para 137(9)(b)

for “(3), (3A), (4) or (4A)” substitute “ (3A) or (4A) ”.

Sch 5 para 137(10)

In subsection (7A), omit the words from “and the OFT” to the end of the subsection.

Sch 5 para 137(11)

In the heading, for “OFT and Commission” substitute “ CMA ”.

Sch 5 para 138
Sch 5 para 138(1)

Section 106 (advice and information about references under sections 22 and 33) is amended as follows.

Sch 5 para 138(2)

In subsection (1)—

Sch 5 para 138(2)(a)

omit “As soon as reasonably practicable after the passing of this Act,”,

Sch 5 para 138(2)(b)

for “the OFT” substitute “ The CMA ”, and

Sch 5 para 138(2)(c)

for the words from “the making” to the end of the subsection substitute

Sch 5 para 138(3)

In subsection (2), for “OFT” substitute “ CMA ”.

Sch 5 para 138(4)

Omit subsections (3) and (4).

Sch 5 para 138(5)

In subsection (5), in paragraph (b), for “OFT or (as the case may be) the Commission” substitute “ CMA ”.

Sch 5 para 138(6)

In subsection (6)—

Sch 5 para 138(6)(a)

omit “or (3)”, and

Sch 5 para 138(6)(b)

for “OFT or (as the case may be) the Commission” substitute “ CMA ”.

Sch 5 para 138(7)

In subsection (7)—

Sch 5 para 138(7)(a)

for “OFT or the Commission” substitute “ CMA ”, and

Sch 5 para 138(7)(b)

for “OFT or (as the case may be) the Commission” substitute “ CMA ”.

Sch 5 para 138(8)

In subsection (8), for “OFT shall consult the Commission and such other persons” substitute “ CMA shall consult such persons ”.

Sch 5 para 138(9)

Omit subsection (9).

Sch 5 para 139

In section 106A (advice and information in relation to media mergers), in subsection (5), for “OFT, OFCOM, the Commission” substitute “ CMA, OFCOM ”.

Sch 5 para 140

In section 106B (general advisory duties of OFCOM), in subsections (1) and (3), for “Commission” substitute “ CMA ”.

Sch 5 para 141
Sch 5 para 141(1)

Section 107 (further publicity requirements) is amended as follows.

Sch 5 para 141(2)

In subsection (1)—

Sch 5 para 141(2)(a)

for “OFT” substitute “ CMA ”,

Sch 5 para 141(2)(b)

in paragraph (e), omit “or 76”, and

Sch 5 para 141(2)(c)

omit paragraphs (g) and (h).

Sch 5 para 141(3)

In subsection (2), for “Commission shall” substitute “ CMA shall also ”.

Sch 5 para 141(4)

In subsection (3)—

Sch 5 para 141(4)(a)

in paragraph (b), for “OFT” substitute “ CMA ”, and

Sch 5 para 141(4)(b)

in paragraph (e), for “Commission” substitute “ CMA ”.

Sch 5 para 141(5)

In subsection (9)—

Sch 5 para 141(5)(a)

in paragraph (a), for “OFT” substitute “ CMA ”, and

Sch 5 para 141(5)(b)

in paragraph (b), for “Commission” substitute “ CMA ”.

Sch 5 para 141(6)

In subsection (10)—

Sch 5 para 141(6)(a)

in paragraph (a), for “OFT” substitute “ CMA ”, and

Sch 5 para 141(6)(b)

in paragraph (b), for “Commission” substitute “ CMA ”.

Sch 5 para 141(7)

In subsection (11), for “Commission's” substitute “CMA's”.

Sch 5 para 142

In section 108 (defamation), for “OFT, OFCOM, the Commission” substitute “ CMA, OFCOM ”.

Sch 5 para 143

In section 109 (attendance of witnesses and production of documents etc.), in subsection (3)(a), for “the Commission” substitute “ the CMA ”.

Sch 5 para 144

In section 110 (enforcement of powers under section 109: general), in subsections (1) to (3), (6), (8) and (9), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 145

In section 111 (penalties), in subsections (1), (5) and (8), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 146

In section 112 (penalties: main procedural requirements), in subsections (1) to (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 147

In section 113 (payment and interest by instalments), in subsections (3) and (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 148

In section 114 (appeals in relation to penalties), in subsections (4), (5) and (7), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 149

In section 115 (recovery of penalties), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 150

In section 116 (statement of policy), in subsections (1), (3) and (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 151

In section 117 (false or misleading information), in subsections (1) and (2), for “OFT, OFCOM, the Commission” (in each place where it occurs) substitute “ CMA, OFCOM ”.

Sch 5 para 152
Sch 5 para 152(1)

Section 118 (excisions from reports) is amended as follows.

Sch 5 para 152(2)

In subsection (1)—

Sch 5 para 152(2)(a)

in paragraph (a), for “OFT” substitute “ CMA ”, and

Sch 5 para 152(2)(b)

in paragraph (b), for “Commission” substitute “ CMA ”.

Sch 5 para 152(3)

In subsection (5), for “Commission” substitute “ CMA ”.

Sch 5 para 153
Sch 5 para 153(1)

Section 119 (minority reports) is amended as follows.

Sch 5 para 153(2)

In subsection (1)—

Sch 5 para 153(2)(a)

omit “in pursuance of paragraph 15 of Schedule 7 to the Competition Act 1998 (c. 41)”, and

Sch 5 para 153(2)(b)

for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 153(3)

In the heading, for “Commission” substitute “ CMA ”.

Sch 5 para 154
Sch 5 para 154(1)

Section 119B (monitoring role in relation to media mergers) is amended as follows.

Sch 5 para 154(2)

In subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 154(3)

In the heading, for “OFT” substitute “ CMA ”.

Sch 5 para 155

In section 120 (review of decisions under Part 3), in subsection (1)—

Sch 5 para 155(a)

for “OFT” substitute “ CMA ”, and

Sch 5 para 155(b)

for “the Secretary of State or the Commission” substitute “ or the Secretary of State ”.

Sch 5 para 156
Sch 5 para 156(1)

Section 121 (fees) is amended as follows.

Sch 5 para 156(2)

In subsection (1)—

Sch 5 para 156(2)(a)

for “OFT of” substitute “ CMA of ”, and

Sch 5 para 156(2)(b)

for “OFT, OFCOM and the Commission” substitute “ CMA and OFCOM ”.

Sch 5 para 156(3)

In subsections (3), (4) and (7), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 156(4)

In subsection (8)—

Sch 5 para 156(4)(a)

for “OFT in” substitute “ CMA in ”, and

Sch 5 para 156(4)(b)

for “OFT, OFCOM and the Commission” substitute “ CMA and OFCOM ”.

Sch 5 para 156(5)

In subsection (9), for “OFT” substitute “ CMA ”.

Sch 5 para 157
Sch 5 para 157(1)

Section 122 (primacy of EU law) is amended as follows.

Sch 5 para 157(2)

In subsection (1)—

Sch 5 para 157(2)(a)

omit “or (3)”, and

Sch 5 para 157(2)(b)

for “OFT or (as the case may be) the Commission” substitute “ CMA ”.

Sch 5 para 157(3)

In subsection (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 158

Section 123 (power to alter share of supply test), in subsection (4), for “OFT and the Commission” substitute “ CMA ”.

Sch 5 para 159
Sch 5 para 159(1)

Section 130 (index of defined expressions) is amended as follows.

Sch 5 para 159(2)

At the appropriate place in the table insert—

Sch 5 para 159(3)

Omit the entries in the table for “The Commission” and “The OFT”.

Sch 5 para 159(4)

In the first column of the entry for “Reports of the Commission”, for “Commission” substitute “ CMA ”.

Sch 5 para 160
Sch 5 para 160(1)

Schedule 7 (enforcement regime for public interest and special interest cases) is amended as follows.

Sch 5 para 160(2)

In paragraph 2, in sub-paragraphs (2), (10) and (11), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 160(3)

In paragraph 3, in sub-paragraph (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 160(4)

In paragraph 4, in sub-paragraphs (2) and (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 160(5)

In paragraph 5, in sub-paragraphs (1) and (6), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 160(6)

In paragraph 7, in sub-paragraphs (8) and (9), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 160(7)

In paragraph 8—

Sch 5 para 160(7)(a)

in sub-paragraphs (7) and (8), for “Commission” (in each place where it occurs) substitute “ CMA ”, and

Sch 5 para 160(7)(b)

in sub-paragraph (11), for “OFT” substitute “ CMA ”.

Sch 5 para 160(8)

In paragraph 10, in sub-paragraphs (1) and (6), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 160(9)

In paragraph 11, in sub-paragraph (5), for “OFT” substitute “ CMA ”.

Sch 5 para 161
Sch 5 para 161(1)

Schedule 8 (provision that may be contained in certain enforcement orders) is amended as follows.

Sch 5 para 161(2)

In paragraph 8, in sub-paragraph (3), for “Commission” substitute “ CMA ”.

Sch 5 para 161(3)

In paragraph 19, for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 161(4)

In paragraph 24 —

Sch 5 para 161(4)(a)

omit paragraph (a), and

Sch 5 para 161(4)(b)

in paragraph (b), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 162

In Schedule 10 (procedural requirements for certain enforcement undertakings and orders), in paragraph 2(1), for “the OFT, the Commission” substitute “ the CMA ”.

Part 4

Sch 5 para 163
Sch 5 para 163(1)

Section 131 (power to make market investigation references) is amended as follows.

Sch 5 para 163(2)

In subsection (1), for the words before “has reasonable grounds” substitute “ The CMA may, subject to subsection (4), make a reference to its chair for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 if the CMA ”.

Sch 5 para 163(3)

In the heading, for “OFT” substitute “ CMA ”.

Sch 5 para 164
Sch 5 para 164(1)

Section 132 (ministerial power to make market investigation references) is amended as follows.

Sch 5 para 164(2)

In subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 164(3)

In subsection (3), for “Commission” substitute “ chair of the CMA for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 ”.

Sch 5 para 165

In section 133 (contents of references), in subsection (2), for “Commission” substitute “ group constituted by the chair of the CMA in respect of the reference ”.

Sch 5 para 166

Before section 134 (but after the italic cross-heading immediately preceding it) insert—

Sch 5 para 167
Sch 5 para 167(1)

Section 134 (questions to be decided on market investigation references) is amended as follows.

Sch 5 para 167(2)

In subsections (1), (4), (6) and (7), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 167(3)

In subsection (8)(b), for “Commission, the Secretary of State or (as the case may be) the OFT” substitute “ CMA or (as the case may be) the Secretary of State ”.

Sch 5 para 168
Sch 5 para 168(1)

Section 135 (variation of references) is amended as follows.

Sch 5 para 168(2)

In subsection (1), for “OFT” substitute “ CMA ”.

Sch 5 para 168(3)

In subsection (2)—

Sch 5 para 168(3)(a)

omit “OFT or (as the case may be) the”,

Sch 5 para 168(3)(b)

for “Commission” substitute “ CMA ”, and

Sch 5 para 168(3)(c)

after “reference” insert “ made by him ”.

Sch 5 para 168(4)

In subsection (3), for “Commission” substitute “ CMA ”.

Sch 5 para 169
Sch 5 para 169(1)

Section 136 (investigations and reports on market investigation references) is amended as follows.

Sch 5 para 169(2)

In subsections (1) to (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 169(3)

For subsection (4) substitute—

Sch 5 para 169(4)

In subsection (5)—

Sch 5 para 169(4)(a)

for “OFT” substitute “ CMA ”, and

Sch 5 para 169(4)(b)

for “Commission” substitute “ CMA ”.

Sch 5 para 169(5)

Omit subsection (6).

Sch 5 para 170

In section 137 (time-limits for market investigations and reports), in subsections (1), (5) and (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 171

In section 138 (duty to remedy adverse effects), in subsections (1) to (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 172

In section 139 (public interest intervention by the Secretary of State), in subsection (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 173

In section 140 (intervention notices under section 139(1)), in subsection (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 174

In section 141 (questions to be decided), in subsections (2) and (3) to (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 175
Sch 5 para 175(1)

Section 142 (investigations and reports) is amended as follows.

Sch 5 para 175(2)

In subsections (2) and (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 175(3)

In the heading, for “Commission” substitute “ CMA ”.

Sch 5 para 176

In section 143 (publication etc. of reports), in subsections (1), (3) and (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 177

In section 144 (time-limits for investigations and reports in public interest cases), in subsections (1), (4) and (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 178

In section 145 (restrictions where public interest considerations not finalised), in subsections (1) to (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 179

In section 146 (decision of Secretary of State), in subsections (2) to (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 180

In section 147 (remedial action by Secretary of State), in subsections (3) and (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 181
Sch 5 para 181(1)

Section 148 (reversion of the matter) is amended as follows.

Sch 5 para 181(2)

In subsections (1), (2), (6), (7) and (9), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 181(3)

In subsection (10), for “Commission's” substitute “CMA's”.

Sch 5 para 182

In section 149 (intervention notices under section 139(2)), in subsections (1) and (5), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 183
Sch 5 para 183(1)

Section 150 (power of veto of Secretary of State) is amended as follows.

Sch 5 para 183(2)

In subsections (1) and (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 183(3)

In subsection (4), for “OFT's” substitute “CMA's”.

Sch 5 para 184
Sch 5 para 184(1)

Section 151 (further interaction of intervention notices with general procedure) is amended as follows.

Sch 5 para 184(2)

In subsection (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 184(3)

In subsection (4), for “Commission” (in the first place where it occurs) substitute “ CMA ”.

Sch 5 para 184(4)

In subsection (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 185
Sch 5 para 185(1)

Section 152 (certain duties in relation to providing information) is amended as follows.

Sch 5 para 185(2)

In subsection (1), for “OFT” substitute “ CMA ”.

Sch 5 para 185(3)

In subsection (3)—

Sch 5 para 185(3)(a)

for “OFT and the Commission” substitute “ CMA ”, and

Sch 5 para 185(3)(b)

for “OFT or (as the case may be) the Commission” substitute “ CMA ”.

Sch 5 para 185(4)

In the heading, for “OFT and Commission” substitute “ CMA ”.

Sch 5 para 186

In section 153 (specified considerations for purposes of Part 4), in subsection (4)—

Sch 5 para 186(a)

for “OFT” substitute “ CMA ”,

Sch 5 para 186(b)

for “by the Secretary of State,” substitute “ by the Secretary of State or ”, and

Sch 5 para 186(c)

omit “or by the Commission”.

Sch 5 para 187

In section 154 (undertakings in lieu of market investigation references), in subsections (1) to (7), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 188

In section 155 (undertakings in lieu: procedural requirements), in subsections (1) to (4) and (6) to (9), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 189

In section 156 (effect of undertakings under section 154), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 190

In section 159 (final undertakings: Part 4), in subsections (1), (5) and (6) for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 191
Sch 5 para 191(1)

Section 160 (order-making power where final undertakings not fulfilled: Part 4) is amended as follows.

Sch 5 para 191(2)

In subsection (1)(b), for “the relevant authority or the OFT” substitute “ a relevant person ”.

Sch 5 para 191(3)

After subsection (1) insert—

Sch 5 para 191(4)

In subsection (6), for the words from the beginning to “OFT” substitute “ The Secretary of State shall not vary or revoke an order made by him under this section unless the CMA ”.

Sch 5 para 191(5)

In subsection (7), in paragraph (a), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 192
Sch 5 para 192(1)

Section 161 (final orders: Part 4) is amended as follows.

Sch 5 para 192(2)

In subsection (1), for “Commission” substitute “ CMA ”.

Sch 5 para 192(3)

In subsection (5), for the words from the beginning to “OFT” substitute “ The Secretary of State shall not vary or revoke an order made by him under this section unless the CMA ”.

Sch 5 para 193

For the italic cross-heading before section 162 substitute “ Undertakings and orders: monitoring, consultation and advice ”.

Sch 5 para 194
Sch 5 para 194(1)

Section 162 (duty to monitor undertakings and orders: Part 4) is amended as follows.

Sch 5 para 194(2)

In subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 194(3)

In subsection (3)—

Sch 5 para 194(3)(a)

in the words before paragraph (a)—

Sch 5 para 194(3)(a)(i)

for “OFT” substitute “ CMA ”, and

Sch 5 para 194(3)(a)(ii)

omit “the Commission or (as the case may be)”,

Sch 5 para 194(3)(b)

in paragraph (a)—

Sch 5 para 194(3)(b)(i)

omit “the Commission or (as the case may be)”, and

Sch 5 para 194(3)(b)(ii)

omit “it (or as the case may be)”,

Sch 5 para 194(3)(c)

in paragraphs (b) to (d), omit “the Commission or (as the case may be)” (in each place where it occurs), and

Sch 5 para 194(3)(d)

in paragraph (e), for “167(6) to (8)” substitute “ 167(6) and (7) ”.

Sch 5 para 194(4)

In subsection (4)—

Sch 5 para 194(4)(a)

in the words before paragraph (a), for “OFT” substitute “ CMA ”, and

Sch 5 para 194(4)(b)

after paragraph (b) (but before the “or” following it) insert—.

Sch 5 para 194(5)

In subsections (5) and (6), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 194(6)

In subsection (7)—

Sch 5 para 194(6)(a)

in the words before paragraph (a), for “OFT” substitute “ CMA ”,

Sch 5 para 194(6)(b)

omit paragraph (a), and

Sch 5 para 194(6)(c)

in paragraph (b), for “the report” substitute “ any report prepared by it under subsection (6) ”.

Sch 5 para 194(7)

In the heading, for “OFT” substitute “ CMA ”.

Sch 5 para 195
Sch 5 para 195(1)

Section 163 (further role in relation to undertakings and orders: Part 4) is amended as follows.

Sch 5 para 195(2)

In subsection (1)—

Sch 5 para 195(2)(a)

omit “the Commission or”, and

Sch 5 para 195(2)(b)

omit “(in this section “the relevant authority”)”.

Sch 5 para 195(3)

In subsection (2)—

Sch 5 para 195(3)(a)

for “relevant authority” (in each place where it occurs) substitute “ Secretary of State ”, and

Sch 5 para 195(3)(b)

for “OFT” substitute “ CMA ”.

Sch 5 para 195(4)

In subsection (3)—

Sch 5 para 195(4)(a)

for “relevant authority” (in each place where it occurs) substitute “ Secretary of State ”,

Sch 5 para 195(4)(b)

for “OFT” substitute “ CMA ”, and

Sch 5 para 195(4)(c)

for “OFT's” substitute “CMA's”.

Sch 5 para 195(5)

In subsection (4)—

Sch 5 para 195(5)(a)

for “OFT” substitute “ CMA ”, and

Sch 5 para 195(5)(b)

for “relevant authority” substitute “ Secretary of State ”.

Sch 5 para 195(6)

In subsection (5)—

Sch 5 para 195(6)(a)

for “relevant authority” (in each place where it occurs) substitute “ Secretary of State ”, and

Sch 5 para 195(6)(b)

omit “itself”.

Sch 5 para 195(7)

In subsection (6)—

Sch 5 para 195(7)(a)

for “relevant authority” substitute “ Secretary of State ”, and

Sch 5 para 195(7)(b)

for “OFT” substitute “ CMA ”.

Sch 5 para 195(8)

For the heading substitute “ Role of CMA in relation to undertakings and orders in public interest cases: Part 4 ”.

Sch 5 para 196
Sch 5 para 196(1)

Section 166 (register of undertakings and orders: Part 4) is amended as follows.

Sch 5 para 196(2)

In subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 196(3)

In subsection (3)—

Sch 5 para 196(3)(a)

in the words before paragraph (a), for “OFT” substitute “ CMA ”,

Sch 5 para 196(3)(b)

in paragraph (a), omit “(whether by the Commission, the Secretary of State or a relevant sectoral regulator)”, and

Sch 5 para 196(3)(c)

in paragraph (b), omit “(whether by the Commission, the Secretary of State or a relevant sectoral regulator)”.

Sch 5 para 196(4)

In subsection (4), for “OFT” substitute “ CMA ”.

Sch 5 para 196(5)

In subsection (5)—

Sch 5 para 196(5)(a)

omit “Commission, the”, and

Sch 5 para 196(5)(b)

for “OFT” substitute “ CMA ”.

Sch 5 para 196(6)

In subsections (6) and (7), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 197
Sch 5 para 197(1)

Section 167 (rights to enforce undertakings and orders under this Part) is amended as follows.

Sch 5 para 197(2)

In subsection (6), for “OFT” substitute “ CMA ”.

Sch 5 para 197(3)

In subsection (7)—

Sch 5 para 197(3)(a)

after “accepted” insert “ by the Secretary of State ”,

Sch 5 para 197(3)(b)

after “an order” insert “ made by the Secretary of State ”, and

Sch 5 para 197(3)(c)

for “relevant authority” substitute “ Secretary of State ”.

Sch 5 para 197(4)

Omit subsection (8).

Sch 5 para 197(5)

In subsection (9), for “(6) to (8)” substitute “ (6) and (7) ”.

Sch 5 para 198

In section 168 (regulated markets), in subsections (1), (2), (6) and (7), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 199

In section 169 (certain duties of relevant authorities to consult: Part 4), in subsection (6)—

Sch 5 para 199(a)

in the definition of “relevant authority”, for “OFT, the appropriate Minister or the Commission” substitute “ CMA, the appropriate Minister ”,

Sch 5 para 199(b)

in the definition of “relevant decision”, in paragraph (a), in the opening words, for “OFT” (in each place where it occurs) substitute “ CMA ”,

Sch 5 para 199(c)

also in that paragraph of that definition, after sub-paragraph (ii) insert, and

Sch 5 para 199(d)

also in that definition, omit paragraph (c) and the word “and” preceding it.

Sch 5 para 200
Sch 5 para 200(1)

Section 170 (general information duties) is amended as follows.

Sch 5 para 200(2)

Omit subsections (1) and (2).

Sch 5 para 200(3)

In subsection (3)—

Sch 5 para 200(3)(a)

in the words before paragraph (a), for “OFT and the Commission” substitute “ CMA ”,

Sch 5 para 200(3)(b)

in paragraph (a), for “their possession” substitute “ its possession ”, and

Sch 5 para 200(3)(c)

in paragraph (b), for “OFT (or as the case may be) the Commission” substitute “ CMA ”.

Sch 5 para 200(4)

In subsection (4), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 200(5)

In subsection (5), omit the words from the beginning to “and the Secretary of State” and insert “ The Secretary of State ”.

Sch 5 para 201
Sch 5 para 201(1)

Section 171 (advice and information: Part 4) is amended as follows.

Sch 5 para 201(2)

In subsection (1)—

Sch 5 para 201(2)(a)

omit “As soon as reasonably practicable after the passing of this Act,”,

Sch 5 para 201(2)(b)

for “the OFT” substitute “ The CMA ”, and

Sch 5 para 201(2)(c)

for “the making of references by it under section 131” substitute

Sch 5 para 201(3)

In subsection (2), for “OFT” substitute “ CMA ”.

Sch 5 para 201(4)

Omit subsections (3) and (4).

Sch 5 para 201(5)

In subsection (5)(b), for “OFT or (as the case may be) the Commission” substitute “ CMA ”.

Sch 5 para 201(6)

In subsection (6)—

Sch 5 para 201(6)(a)

omit “or (3)”, and

Sch 5 para 201(6)(b)

for “OFT or (as the case may be) the Commission” substitute “ CMA ”.

Sch 5 para 201(7)

In subsection (7)—

Sch 5 para 201(7)(a)

omit “or (3)”, and

Sch 5 para 201(7)(b)

for “OFT or (as the case may be) the Commission” substitute “ CMA ”.

Sch 5 para 201(8)

In subsection (8)—

Sch 5 para 201(8)(a)

for “OFT or the Commission” substitute “ CMA ”, and

Sch 5 para 201(8)(b)

for “OFT or (as the case may be) the Commission” substitute “ CMA ”.

Sch 5 para 201(9)

In subsection (9), for “OFT shall consult the Commission and such other persons” substitute “ CMA shall consult such persons ”.

Sch 5 para 201(10)

Omit subsection (10).

Sch 5 para 202
Sch 5 para 202(1)

Section 172 (further publicity requirements: Part 4) is amended as follows.

Sch 5 para 202(2)

In subsection (1), for “OFT” substitute “ CMA ”.

Sch 5 para 202(3)

In subsection (2), for “Commission shall” substitute “ CMA shall also ”.

Sch 5 para 202(4)

In subsection (10), for “Commission's” substitute “CMA's”.

Sch 5 para 203

In section 173 (defamation)—

Sch 5 para 203(a)

for “OFT” substitute “ CMA ”,

Sch 5 para 203(b)

for “by the Secretary of State,” substitute “ by the Secretary of State or ”, and

Sch 5 para 203(c)

omit “or by the Commission”.

Sch 5 para 204

In section 174 (investigatory powers), in subsections (3) to (5), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 205

In section 177 (excisions from reports: Part 4), in subsections (1), (4) and (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 206
Sch 5 para 206(1)

Section 178 (minority reports: Part 4) is amended as follows.

Sch 5 para 206(2)

In subsection (1)—

Sch 5 para 206(2)(a)

omit “in pursuance of paragraph 15 of Schedule 7 to the Competition Act 1998 (c. 41)”, and

Sch 5 para 206(2)(b)

for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 206(3)

In the heading, for “Commission” substitute “ CMA ”.

Sch 5 para 207

In section 179 (review of decisions under Part 4), in subsection (1)—

Sch 5 para 207(a)

for “OFT” substitute “ CMA ”, and

Sch 5 para 207(b)

for “, the Secretary of State or the Commission” substitute “ or the Secretary of State ”.

Sch 5 para 208

In section 183 (interpretation of Part 4), in subsection (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 209
Sch 5 para 209(1)

Section 184 (index of defined expressions: Part 4) is amended as follows.

Sch 5 para 209(2)

At the appropriate place in the table insert—

Sch 5 para 209(3)

Omit the entries in the table for “The Commission” and “The OFT”.

Sch 5 para 209(4)

In the first column of the entry in the table for “Reports of the Commission”, for “Commission” substitute “ CMA ”.

Part 6

Sch 5 para 210

In section 190 (cartel offence: prosecution), in subsections (2)(b) and (4), for “OFT” substitute “ CMA ”.

Sch 5 para 211

In section 192 (investigation of cartel offences), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 212

In section 193 (powers when conducting an investigation), in subsections (1) to (4), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 213

In section 194 (power to enter premises under a warrant), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 5 para 214

In section 195 (exercise of powers by authorised person), in subsection (1), for “OFT” (in both places where it occurs) substitute “ CMA ”.

Sch 5 para 215

In section 196 (privileged information etc), in subsection (2)(b), for “OFT” substitute “ CMA ”.

Sch 5 para 216

In section 201 (offences), in subsection (4)(a), for “OFT” substitute “ CMA ”.

Part 11

Sch 5 para 217
Sch 5 para 217(1)

Section 273 (interpretation) is amended as follows.

Sch 5 para 217(2)

For the definition of “the Commission” substitute—.

Sch 5 para 217(3)

Omit the definition of “the OFT”.

Sch 5

Abolition of the Competition Commission

Amendments of the 1998 Act

Sch 5 para 218

The 1998 Act is amended as follows.

Sch 5 para 219

In the heading of Chapter 4 of Part 1, omit “The Competition Commission and”.

Sch 5 para 220

Omit section 45 (establishment of Competition Commission) and the cross- heading preceding it.

Sch 5 para 221

In section 59 (interpretation of Part 1), in subsection (1), in the definition of “the Commission”, omit “(except in relation to the Competition Commission)”.

Sch 5 para 222

Omit Schedule 7 (Competition Commission).

Sch 5 para 223

Omit Schedule 7A (Competition Commission: procedural rules for mergers and markets refinances).

Amendments of the 2002 Act

Sch 5 para 224

The 2002 Act is amended as follows.

Sch 5 para 225

Omit sections 185 to 187 (the Competition Commission).

Sch 5 para 226

In Schedule 3 (the Competition Service), omit Part 2 (transfers of property etc between the Competition Commission and the Competition Service).

Sch 5 para 227

Omit Schedule 11 (the Competition Commission).

Sch 5 para 228

Omit Schedule 12 (Competition Commission: certain procedural rules).

Sch 5

Abolition of the Office of Fair Trading

Sch 5 para 229

Omit sections 1 to 4 of, and Schedule 1 to, the 2002 Act (which make provision about the establishment of the Office of Fair Trading), and the italic cross-heading preceding section 1.

Sch 6

Regulatory appeals etc: minor and consequential amendments

Sch 6

Amendments to Acts

Competition Act 1980 (c. 21)

Sch 6 para 1

The Competition Act 1980 is amended as follows.

Sch 6 para 2
Sch 6 para 2(1)

Section 11 (reference of public bodies and certain other persons to the Commission) is amended as follows.

Sch 6 para 2(2)

In subsections (1), (5), (6), (8) and (10), for “Commission” (in each place where it occurs) substitute “ CMA ” .

Sch 6 para 2(3)

After subsection (10) insert—

Sch 6 para 2(4)

In the heading, for “Commission” substitute “ CMA ”.

Sch 6 para 3

In section 11A (references under section 11: time-limits), in subsections (2) and (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 4
Sch 6 para 4(1)

Section 11C (references under section 11: further supplementary provisions) is amended as follows.

Sch 6 para 4(2)

In subsection (1), for the words from “the words” to the end, substitute

Sch 6 para 4(3)

In subsection (3)—

Sch 6 para 4(3)(a)

for “Commission” substitute “ CMA ”, and

Sch 6 para 4(3)(b)

for the words from “in connection with” to the end, substitute “ by the chair of the CMA for the purpose of carrying out the functions of the CMA with respect to the reference ”.

Sch 6 para 5

In section 12 (orders following report under section 11), in subsections (1) to (3) and (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 6

In section 16 (general provisions as to reports), in subsection (2), for “Commission” substitute “ CMA ”.

Sch 6 para 7

In section 17 (laying before Parliament and publication of reports), in subsection (6), for “Commission” substitute “ CMA ”.

Sch 6 para 8

In section 33 (short title, interpretation, etc), in subsection (2), for “ “the Commission”” substitute “ “the CMA” ”.

Solicitors (Scotland) Act 1980 (c. 46)

Sch 6 para 9

The Solicitors (Scotland) Act 1980 is amended as follows.

Sch 6 para 10

In section 25A (rights of audience in the Court of Session etc), in subsections (9) and (11), for “Director” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 11
Sch 6 para 11(1)

Section 64A (advisory and supervisory functions) is amended as follows.

Sch 6 para 11(2)

In subsections (1) and (2), for “Director” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 11(3)

In subsection (3)—

Sch 6 para 11(3)(a)

for “Director has completed his consideration he” substitute “ CMA has completed its consideration, the CMA ”, and

Sch 6 para 11(3)(b)

for “he thinks” substitute “ it thinks ”.

Sch 6 para 11(4)

In subsection (4), for “The Director may publish any advice given by him” substitute “ The CMA may publish advice given ”.

Sch 6 para 11(5)

In subsection (5)—

Sch 6 para 11(5)(a)

for “Director” substitute “ CMA ”, and

Sch 6 para 11(5)(b)

for “Director's” substitute “CMA's”.

Sch 6 para 11(6)

In subsection (6), for “Director” substitute “ CMA ”.

Sch 6 para 11(7)

In the heading, for “Director General of Fair Trading” substitute “ Competition and Markets Authority ”.

Sch 6 para 12
Sch 6 para 12(1)

Section 64C (investigatory powers) is amended as follows.

Sch 6 para 12(2)

In subsection (1)—

Sch 6 para 12(2)(a)

for “Director” substitute “ CMA ”, and

Sch 6 para 12(2)(b)

for “him” (in each place where it occurs) substitute “ the CMA ”.

Sch 6 para 12(3)

After subsection (2) insert—

Sch 6 para 12(4)

In the heading, for “Director” substitute “ Competition and Markets Authority ”.

Sch 6 para 13

In section 64CA (enforcement of notices under section 64C), in subsections (1) and (2), for “Office of Fair Trading” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 14
Sch 6 para 14(1)

In section 65 (interpretation), in subsection (1)—

Sch 6 para 14(1)(a)

before the definition of “the Council” insert—

Sch 6 para 14(1)(b)

omit the definition of “the Director”.

Gas Act 1986 (c. 44)

Sch 6 para 15

The Gas Act 1986 is amended as follows.

Sch 6 para 16
Sch 6 para 16(1)

Section 23B (appeals) is amended as follows.

Sch 6 para 16(2)

In subsection (1), for “Competition Commission (“the Commission”)” substitute “ CMA ”.

Sch 6 para 16(3)

In subsections (3) and (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 16(4)

In the heading, for “Competition Commission” substitute “ CMA ”.

Sch 6 para 17
Sch 6 para 17(1)

Section 23C (procedure on appeal) is amended as follows.

Sch 6 para 17(2)

Omit subsection (1).

Sch 6 para 17(3)

In subsection (2), omit “Instead,”.

Sch 6 para 17(4)

After subsection (2) insert—

Sch 6 para 17(5)

In the heading, for “Commission” substitute “ CMA ”.

Sch 6 para 18
Sch 6 para 18(1)

Section 23D (determination of appeal) is amended as follows.

Sch 6 para 18(2)

In subsections (2) to (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 18(3)

In the heading, for “Commission” substitute “ CMA ”.

Sch 6 para 19
Sch 6 para 19(1)

Section 23E (powers on allowing appeal) is amended as follows.

Sch 6 para 19(2)

In subsection (1), for “Commission” substitute “ CMA ”.

Sch 6 para 19(3)

In subsection (2)—

Sch 6 para 19(3)(a)

for “Commission” (in each place where it occurs) substitute “ CMA ”, and

Sch 6 para 19(3)(b)

for “Commission's” substitute “CMA's”.

Sch 6 para 19(4)

In subsection (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 19(5)

In subsection (7), for “Commission's” substitute “CMA's”.

Sch 6 para 19(6)

In the heading, for “Commission's” substitute “CMA's”.

Sch 6 para 20
Sch 6 para 20(1)

Section 23F (time limits for determination of appeal) is amended as follows.

Sch 6 para 20(2)

In subsections (1), (3) to (5) and (7), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 20(3)

In the heading, for “Commission” substitute “ CMA ”.

Sch 6 para 21
Sch 6 para 21(1)

Section 23G (supplementary provision about determination of appeal) is amended as follows.

Sch 6 para 21(2)

In subsection (1), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 21(3)

In subsection (2)—

Sch 6 para 21(3)(a)

for “Commission” substitute “ CMA ”, and

Sch 6 para 21(3)(b)

for “Commission's” (in each place where it occurs) substitute “CMA's”.

Sch 6 para 21(4)

In subsection (3), for “Commission” substitute “ CMA ”.

Sch 6 para 21(5)

In the heading, for “Commission” substitute “ CMA ”.

Sch 6 para 22

In section 27 (modification by order under other enactments), in subsection (1), for “Office of Fair Trading, the Competition Commission” substitute “ CMA ”.

Sch 6 para 23
Sch 6 para 23(1)

Section 41D (application by Authority for order including new activities) is amended as follows.

Sch 6 para 23(2)

In subsection (3), for the words from “shall” to the end, substitute “ shall, before making the application, make a reference under section 41E to the CMA ”.

Sch 6 para 23(3)

In subsections (4) and (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 23(4)

After subsection (6), insert—

Sch 6 para 24
Sch 6 para 24(1)

Section 41E (references) is amended as follows.

Sch 6 para 24(2)

In subsection (1)—

Sch 6 para 24(2)(a)

for “Competition Commission” substitute “ CMA ”, and

Sch 6 para 24(2)(b)

for “the Commission” substitute “ the CMA ”.

Sch 6 para 24(3)

In subsections (2), (3), (5) and (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 24(4)

In the heading, for “Competition Commission” substitute “ CMA ”.

Sch 6 para 25

In section 41EA (references under section 41E: time limits), in subsections (2) and (3), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 26

In section 41EB (references under section 41E: application of the Enterprise Act 2002), in subsection (4)—

Sch 6 para 26(a)

for “Competition Commission” substitute “ CMA ”, and

Sch 6 para 26(b)

for the words from “the words” to the end, substitute

Sch 6 para 27
Sch 6 para 27(1)

Section 41F (reports on references) is amended as follows.

Sch 6 para 27(2)

In subsection (1), for “Competition Commission” substitute “ CMA ”.

Sch 6 para 27(3)

In subsections (2) and (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 27(4)

In subsection (3A)—

Sch 6 para 27(4)(a)

for “Competition Commission” substitute “ CMA ”, and

Sch 6 para 27(4)(b)

for the words from “in connection with” to the end, substitute “ by the chair of the CMA for the purpose of carrying out the functions of the CMA with respect to the reference ”.

Sch 6 para 27(5)

In subsections (3B) to (4C), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 27(6)

In subsection (5), for “Commission” substitute “ CMA ”.

Sch 6 para 28

In section 48 (interpretation of Part 1), in subsection (1), after the definition of “calorific value” insert—.

Sch 6 para 29
Sch 6 para 29(1)

Schedule 4A (procedure for appeals under section 23B) is amended as follows.

Sch 6 para 29(2)

In paragraph 1—

Sch 6 para 29(2)(a)

in sub-paragraphs (1) and (7), for “Commission” (in each place where it occurs) substitute “ CMA ”,

Sch 6 para 29(2)(b)

in sub-paragraph (8)—

Sch 6 para 29(2)(b)(i)

for “Commission's” substitute “CMA's”, and

Sch 6 para 29(2)(b)(ii)

for “Commission” substitute “ CMA ”,

Sch 6 para 29(2)(c)

in sub-paragraph (9)—

Sch 6 para 29(2)(c)(i)

for “deciding” substitute “ the authorised member decides ”, and

Sch 6 para 29(2)(c)(ii)

for “the Commission must give the Authority” substitute “ the Authority must be given ”,

Sch 6 para 29(2)(d)

in sub-paragraph (10), for “Commission's” substitute “CMA's”,

Sch 6 para 29(2)(e)

in sub-paragraph (12), for “the Commission must” substitute “ an authorised member of the CMA must ”, and

Sch 6 para 29(2)(f)

in sub-paragraph (13)—

Sch 6 para 29(2)(f)(i)

for “of the Commission” substitute “ of the CMA ”, and

Sch 6 para 29(2)(f)(ii)

for “as the Commission” substitute “ as an authorised member of the CMA ”.

Sch 6 para 29(3)

In paragraph 2—

Sch 6 para 29(3)(a)

in sub-paragraph (1), for “Commission” substitute “ CMA ”,

Sch 6 para 29(3)(b)

in sub-paragraph (2)(b), for “the Commission has given the Authority” substitute “ the Authority has been given ”,

Sch 6 para 29(3)(c)

in sub-paragraph (3), for “Commission's” substitute “CMA's”,

Sch 6 para 29(3)(d)

in sub-paragraph (4), for “Commission” substitute “ CMA ”,

Sch 6 para 29(3)(e)

in sub-paragraph (5)—

Sch 6 para 29(3)(e)(i)

for “Commission's” substitute “CMA's”, and

Sch 6 para 29(3)(e)(ii)

for “Commission” substitute “ CMA ”, and

Sch 6 para 29(3)(f)

in sub-paragraph (6)—

Sch 6 para 29(3)(f)(i)

in paragraph (a), for “Commission” substitute “ CMA ”, and

Sch 6 para 29(3)(f)(ii)

in paragraph (b), for “the Commission” substitute “ an authorised member of the CMA ”.

Sch 6 para 29(4)

In paragraph 3, in sub-paragraphs (1) and (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 29(5)

In paragraph 4—

Sch 6 para 29(5)(a)

omit sub-paragraph (1),

Sch 6 para 29(5)(b)

in sub-paragraph (2)—

Sch 6 para 29(5)(b)(i)

after “group” insert “ constituted by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 for the purpose of carrying out functions of the CMA with respect to an appeal under section 23B ”, and

Sch 6 para 29(5)(b)(ii)

for “Commission” substitute “ CMA panel ”,

Sch 6 para 29(5)(c)

omit sub-paragraphs (3) to (7), and

Sch 6 para 29(5)(d)

in sub-paragraph (8), for “a group” substitute “ the group ”.

Sch 6 para 29(6)

In paragraph 5, in sub-paragraph (1)—

Sch 6 para 29(6)(a)

for “The group with the function of determining an appeal” substitute “ The CMA ”, and

Sch 6 para 29(6)(b)

for “determination of the appeal” substitute “ determination of an appeal ”.

Sch 6 para 29(7)

In paragraph 6—

Sch 6 para 29(7)(a)

in sub-paragraph (1), for “Commission” (in each place where it occurs) substitute “ CMA ”,

Sch 6 para 29(7)(b)

in sub-paragraph (4)—

Sch 6 para 29(7)(b)(i)

for “The Commission may take copies” substitute “ An authorised member of the CMA may, for the purpose of the exercise of the functions of the CMA, make arrangements for copies to be taken ”, and

Sch 6 para 29(7)(b)(ii)

omit “to it”, and

Sch 6 para 29(7)(c)

in sub-paragraph (5), in paragraph (a), for the words from “Commission's” to the end of paragraph (a), substitute “ CMA's behalf by an authorised member of the CMA ”.

Sch 6 para 29(8)

In paragraph 7—

Sch 6 para 29(8)(a)

in sub-paragraph (2), for “Commission” substitute “ CMA ”,

Sch 6 para 29(8)(b)

in sub-paragraph (5)(a), for “the Commission is not required” substitute “ there is no requirement ”,

Sch 6 para 29(8)(c)

in sub-paragraph (7), for “the Commission must pay that person” substitute “ an authorised member of the CMA must arrange for that person to be paid ”, and

Sch 6 para 29(8)(d)

in sub-paragraph (8), for the words from “Commission's” to the end, substitute “ CMA's behalf by an authorised member of the CMA ”.

Sch 6 para 29(9)

In paragraph 8—

Sch 6 para 29(9)(a)

in sub-paragraph (1), for “Commission” substitute “ CMA ”, and

Sch 6 para 29(9)(b)

in sub-paragraph (4), for the words from “Commission's” to the end, substitute “ CMA's behalf by an authorised member of the CMA ”.

Sch 6 para 29(10)

In paragraph 9, for “Commission” substitute “ CMA ”.

Sch 6 para 29(11)

In paragraph 10, in sub-paragraph (1), for “a member of the Commission” substitute “ an authorised member of the CMA ”.

Sch 6 para 29(12)

In paragraph 11, in sub-paragraphs (1), (3) and (4), for “Commission” (in each place where it occurs) substitute “ CMA Board ”.

Sch 6 para 29(13)

In paragraph 12, in sub-paragraphs (1) and (2), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 29(14)

In paragraph 13, in sub-paragraph (1)—

Sch 6 para 29(14)(a)

for the definition of “authorised member of the Commission” substitute—,

Sch 6 para 29(14)(b)

omit the definition of “the Chairman”,

Sch 6 para 29(14)(c)

for the definition of “the Commission” substitute—, and

Sch 6 para 29(14)(d)

omit the definition of a “group”.

Electricity Act 1989 (c. 29)

Sch 6 para 30

The Electricity Act 1989 is amended as follows.

Sch 6 para 31
Sch 6 para 31(1)

Section 11C (appeals) is amended as follows.

Sch 6 para 31(2)

In subsection (1), for “Competition Commission (“the Commission”)” substitute “ CMA ”.

Sch 6 para 31(3)

In subsections (3) and (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 31(4)

In the heading, for “Competition Commission” substitute “ CMA ”.

Sch 6 para 32
Sch 6 para 32(1)

Section 11D (procedure on appeal) is amended as follows.

Sch 6 para 32(2)

Omit subsection (1).

Sch 6 para 32(3)

In subsection (2), omit “Instead,”.

Sch 6 para 32(4)

After subsection (2) insert—

Sch 6 para 32(5)

In the heading, for “Commission” substitute “ CMA ”.

Sch 6 para 33
Sch 6 para 33(1)

Section 11E (determination of appeal) is amended as follows.

Sch 6 para 33(2)

In subsections (2) to (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 33(3)

In the heading, for “Commission” substitute “ CMA ”.

Sch 6 para 34
Sch 6 para 34(1)

Section 11F (powers on allowing appeal) is amended as follows.

Sch 6 para 34(2)

In subsection (1), for “Commission” substitute “ CMA ”.

Sch 6 para 34(3)

In subsection (2)—

Sch 6 para 34(3)(a)

for “Commission” (in each place where it occurs) substitute “ CMA ”, and

Sch 6 para 34(3)(b)

for “Commission's” substitute “CMA's”.

Sch 6 para 34(4)

In subsection (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 34(5)

In subsection (7), for “Commission's” substitute “CMA's”.

Sch 6 para 34(6)

In the heading, for “Commission's” substitute “CMA's”.

Sch 6 para 35
Sch 6 para 35(1)

Section 11G (time limits for determination of appeal) is amended as follows.

Sch 6 para 35(2)

In subsection (1), for “Commission” substitute “ CMA ”.

Sch 6 para 35(3)

In subsections (3) to (5) and (7), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 35(4)

In the heading, for “Commission” substitute “ CMA ”.

Sch 6 para 36
Sch 6 para 36(1)

Section 11H (supplementary provision about determination of appeal) is amended as follows.

Sch 6 para 36(2)

In subsection (1), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 36(3)

In subsection (2)—

Sch 6 para 36(3)(a)

for “Commission” substitute “ CMA ”, and

Sch 6 para 36(3)(b)

for “Commission's” (in each place where it occurs) substitute “CMA's”.

Sch 6 para 36(4)

In subsection (3), for “Commission” substitute “ CMA ”.

Sch 6 para 36(5)

In the heading, for “Commission” substitute “ CMA ”.

Sch 6 para 37

In section 15 (modification by order under other enactments), in subsection (1) for “Office of Fair Trading, the Competition Commission” substitute “ CMA ”.

Sch 6 para 38
Sch 6 para 38(1)

Section 56B (application for order including new activities) is amended as follows.

Sch 6 para 38(2)

In subsection (3), for the words from “shall” to the end, substitute “ shall, before making the application, make a reference under section 56C to the CMA ”.

Sch 6 para 38(3)

In subsections (4) and (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 38(4)

After subsection (6), insert—

Sch 6 para 39
Sch 6 para 39(1)

Section 56C (references) is amended as follows.

Sch 6 para 39(2)

In subsection (1)—

Sch 6 para 39(2)(a)

for “Competition Commission” substitute “ CMA ”, and

Sch 6 para 39(2)(b)

for “the Commission” substitute “ the CMA ”.

Sch 6 para 39(3)

In subsections (2), (3), (5) and (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 39(4)

In the heading, for “Competition Commission” substitute “ CMA ”.

Sch 6 para 40

In section 56CA (references under section 56C: time limits), in subsections (2) and (3), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 41

In section 56CB (references under section 56C: application of Enterprise Act 2002), in subsection (4)—

Sch 6 para 41(a)

for “Competition Commission” substitute “ CMA ”, and

Sch 6 para 41(b)

for the words from “the words” to the end, substitute

Sch 6 para 42
Sch 6 para 42(1)

Section 56D (reports on references) is amended as follows.

Sch 6 para 42(2)

In subsection (1), for “Competition Commission” substitute “ CMA ”.

Sch 6 para 42(3)

In subsections (2) and (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 42(4)

In subsection (3A)—

Sch 6 para 42(4)(a)

for “Competition Commission” substitute “ CMA ”, and

Sch 6 para 42(4)(b)

for the words from “in connection with” to the end, substitute “ by the chair of the CMA for the purpose of carrying out the functions of the CMA with respect to the reference ”.

Sch 6 para 42(5)

In subsections (3B) to (4C), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 42(6)

In subsection (5), for “Commission” substitute “ CMA ”.

Sch 6 para 43

In section 64 (interpretation etc of Part 1), in subsection (1), after the definition of “authorised supplier” insert—.

Sch 6 para 44
Sch 6 para 44(1)

Schedule 5A (procedure for appeals under section 11C) is amended as follows.

Sch 6 para 44(2)

In paragraph 1—

Sch 6 para 44(2)(a)

in sub-paragraphs (1) and (7), for “Commission” (in each place where it occurs) substitute “ CMA ”,

Sch 6 para 44(2)(b)

in sub-paragraph (8)—

Sch 6 para 44(2)(b)(i)

for “Commission's” substitute “CMA's”, and

Sch 6 para 44(2)(b)(ii)

for “Commission” substitute “ CMA ”,

Sch 6 para 44(2)(c)

in sub-paragraph (9)—

Sch 6 para 44(2)(c)(i)

for “deciding” substitute “ the authorised member decides ”, and

Sch 6 para 44(2)(c)(ii)

for “the Commission must give the Authority” substitute “ the Authority must be given ”,

Sch 6 para 44(2)(d)

in sub-paragraph (10), for “Commission's” substitute “CMA's”,

Sch 6 para 44(2)(e)

in sub-paragraph (12), for “the Commission must” substitute “ an authorised member of the CMA must ”, and

Sch 6 para 44(2)(f)

in sub-paragraph (13)—

Sch 6 para 44(2)(f)(i)

for “of the Commission” substitute “ of the CMA ”, and

Sch 6 para 44(2)(f)(ii)

for “as the Commission” substitute “ as an authorised member of the CMA ”.

Sch 6 para 44(3)

In paragraph 2—

Sch 6 para 44(3)(a)

in sub-paragraph (1) for “Commission” substitute “ CMA ”,

Sch 6 para 44(3)(b)

in sub-paragraph (2)(b), for “the Commission has given the Authority” substitute “ the Authority has been given ”,

Sch 6 para 44(3)(c)

in sub-paragraph (3), for “Commission's” substitute “CMA's”,

Sch 6 para 44(3)(d)

in sub-paragraph (4), for “Commission” substitute “ CMA ”,

Sch 6 para 44(3)(e)

in sub-paragraph (5)—

Sch 6 para 44(3)(e)(i)

for “Commission's” substitute “CMA's”, and

Sch 6 para 44(3)(e)(ii)

for “Commission” substitute “ CMA ”, and

Sch 6 para 44(3)(f)

in sub-paragraph (6)—

Sch 6 para 44(3)(f)(i)

in paragraph (a), for “Commission” substitute “ CMA ”, and

Sch 6 para 44(3)(f)(ii)

in paragraph (b), for “the Commission” substitute “ an authorised member of the CMA ”.

Sch 6 para 44(4)

In paragraph 3, in sub-paragraphs (1) and (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 44(5)

In paragraph 4—

Sch 6 para 44(5)(a)

omit sub-paragraph (1),

Sch 6 para 44(5)(b)

in sub-paragraph (2)—

Sch 6 para 44(5)(b)(i)

after “group” insert “ constituted by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 for the purpose of carrying out functions of the CMA with respect to an appeal under section 11C ”, and

Sch 6 para 44(5)(b)(ii)

for “Commission” substitute “ CMA panel ”,

Sch 6 para 44(5)(c)

omit sub-paragraphs (3) to (7), and

Sch 6 para 44(5)(d)

in sub-paragraph (8), for “a group” substitute “ the group ”.

Sch 6 para 44(6)

In paragraph 5, in sub-paragraph (1)—

Sch 6 para 44(6)(a)

for “The group with the function of determining an appeal” substitute “ The CMA ”, and

Sch 6 para 44(6)(b)

for “determination of the appeal” substitute “ determination of an appeal ”.

Sch 6 para 44(7)

In paragraph 6—

Sch 6 para 44(7)(a)

in sub-paragraph (1), for “Commission” (in each place where it occurs) substitute “ CMA ”,

Sch 6 para 44(7)(b)

in sub-paragraph (4)—

Sch 6 para 44(7)(b)(i)

for “The Commission may take copies” substitute “ An authorised member of the CMA may, for the purpose of the exercise of the functions of the CMA, make arrangements for copies to be taken ”, and

Sch 6 para 44(7)(b)(ii)

omit “to it”, and

Sch 6 para 44(7)(c)

in sub-paragraph (5), in paragraph (a), for the words from “Commission's” to the end of paragraph (a), substitute “ CMA's behalf by an authorised member of the CMA ”.

Sch 6 para 44(8)

In paragraph 7—

Sch 6 para 44(8)(a)

in sub-paragraph (2), for “Commission” substitute “ CMA ”,

Sch 6 para 44(8)(b)

in sub-paragraph (5)(a), for “the Commission is not required” substitute “ there is no requirement ”,

Sch 6 para 44(8)(c)

in sub-paragraph (7), for “the Commission must pay that person” substitute “ an authorised member of the CMA must arrange for that person to be paid ”, and

Sch 6 para 44(8)(d)

in sub-paragraph (8), for the words from “Commission's” to the end, substitute “ CMA's behalf by an authorised member of the CMA ”.

Sch 6 para 44(9)

In paragraph 8—

Sch 6 para 44(9)(a)

in sub-paragraph (1), for “Commission” substitute “ CMA ”, and

Sch 6 para 44(9)(b)

in sub-paragraph (4), for the words from “Commission's” to the end, substitute “ CMA's behalf by an authorised member of the CMA ”.

Sch 6 para 44(10)

In paragraph 9, for “Commission” substitute “ CMA ”.

Sch 6 para 44(11)

In paragraph 10, in sub-paragraph (1), for “a member of the Commission” substitute “ an authorised member of the CMA ”.

Sch 6 para 44(12)

In paragraph 11, in sub-paragraphs (1), (3) and (4), for “Commission” (in each place where it occurs) substitute “ CMA Board ”.

Sch 6 para 44(13)

In paragraph 12, in sub-paragraphs (1) and (2), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 44(14)

In paragraph 13, in sub-paragraph (1)—

Sch 6 para 44(14)(a)

for the definition of “authorised member of the Commission” substitute—,

Sch 6 para 44(14)(b)

omit the definition of “the Chairman”,

Sch 6 para 44(14)(c)

for the definition of “the Commission” substitute—, and

Sch 6 para 44(14)(d)

omit the definition of a “group”.

Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40)

Sch 6 para 45

The Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 is amended as follows.

Sch 6 para 46

In section 26 (consideration of applications made under section 25), in subsection (3), for “Director” substitute “ CMA ”.

Sch 6 para 47

In section 31 (rules of conduct), in subsection (2), for “Director” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 48
Sch 6 para 48(1)

Section 40 (advisory and supervisory functions of Director) is amended as follows.

Sch 6 para 48(2)

In subsections (1) and (2), for “Director” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 48(3)

In subsection (3)—

Sch 6 para 48(3)(a)

for “Director has completed his consideration he” substitute “ CMA has completed its consideration it ”, and

Sch 6 para 48(3)(b)

for “as he” substitute “ as it ”.

Sch 6 para 48(4)

In subsection (4), for “The Director may publish any advice given by him” substitute “ The CMA may publish any advice given ”.

Sch 6 para 48(5)

In subsection (5)—

Sch 6 para 48(5)(a)

for “Director” substitute “ CMA ”, and

Sch 6 para 48(5)(b)

for “Director's” substitute “CMA's”.

Sch 6 para 48(6)

In the heading, for “Director” substitute “ CMA ”.

Sch 6 para 49
Sch 6 para 49(1)

Section 41 (investigatory powers of Director) is amended as follows.

Sch 6 para 49(2)

In subsection (1)—

Sch 6 para 49(2)(a)

for “Director” substitute “ CMA ”, and

Sch 6 para 49(2)(b)

in paragraphs (a) and (b), for “him” in each place substitute “ the CMA ”.

Sch 6 para 49(3)

In the heading, for “Director” substitute “ CMA ”.

Sch 6 para 50

In section 41A (enforcement of notices under section 41), in subsections (1) and (2), for “Office of Fair Trading” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 51

In section 44 (interpretation of Part 2)—

Sch 6 para 51(a)

after the definition of “advocate” insert—, and

Sch 6 para 51(b)

omit the definition of “the OFT”.

Water Industry Act 1991 (c. 56)

Sch 6 para 52

The Water Industry Act 1991 is amended as follows.

Sch 6 para 53
Sch 6 para 53(1)

Section 12 (determinations under conditions of appointment) is amended as follows.

Sch 6 para 53(2)

In subsection (2)—

Sch 6 para 53(2)(a)

for “Competition Commission” substitute “ CMA ”, and

Sch 6 para 53(2)(b)

for “the Commission” substitute “ the CMA ”.

Sch 6 para 53(3)

In subsection (3)—

Sch 6 para 53(3)(a)

for “Competition Commission” substitute “ CMA ”, and

Sch 6 para 53(3)(b)

for “that Commission” (in each place where it occurs) substitute “ the CMA ”.

Sch 6 para 53(4)

In subsection (3A), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 53(5)

In subsections (3B) and (3C), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 53(6)

After subsection (3C) insert—

Sch 6 para 54
Sch 6 para 54(1)

Section 14 (modification references) is amended as follows.

Sch 6 para 54(2)

In subsection (1)—

Sch 6 para 54(2)(a)

for “Competition Commission” substitute “ CMA ”, and

Sch 6 para 54(2)(b)

for “the Commission” substitute “ the CMA ”.

Sch 6 para 54(3)

In subsection (2)—

Sch 6 para 54(3)(a)

for “Competition Commission” substitute “ CMA ”, and

Sch 6 para 54(3)(b)

for “the Commission” substitute “ the CMA ”.

Sch 6 para 54(4)

In subsection (3), for “Competition Commission” substitute “ CMA ”.

Sch 6 para 54(5)

In subsection (5)—

Sch 6 para 54(5)(a)

for “Competition Commission” substitute “ CMA ”, and

Sch 6 para 54(5)(b)

for “the Commission” (in each place where it occurs) substitute “ the CMA ”.

Sch 6 para 54(6)

In subsection (6), for “Competition Commission” substitute “ CMA ”.

Sch 6 para 54(7)

After subsection (6) insert—

Sch 6 para 54(8)

In the heading, for “Monopolies Commission” substitute “ CMA ”.

Sch 6 para 55

In section 14A (references under section 14: time limits), in subsections (2) and (3), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 56
Sch 6 para 56(1)

Section 15 (reports on modification references) is amended as follows.

Sch 6 para 56(2)

In subsection (1), for “Competition Commission” substitute “ CMA ”.

Sch 6 para 56(3)

In subsection (1A)—

Sch 6 para 56(3)(a)

for “Competition Commission” substitute “ CMA ”, and

Sch 6 para 56(3)(b)

for the words from “in connection with the reference” to the end, substitute “ by the chair of the CMA for the purpose of carrying out the functions of the CMA with respect to the reference ”.

Sch 6 para 56(4)

In subsections (1B), (3) to (3C) and (4), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 57

In section 16 (modification following report), in subsections (1) and (4A), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 58
Sch 6 para 58(1)

Section 16A (power of veto following report) is amended as follows.

Sch 6 para 58(2)

In subsection (1), for the words from the beginning to “the Commission”)” substitute “ The CMA ”.

Sch 6 para 58(3)

In subsections (2) to (9), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 58(4)

Omit subsection (10).

Sch 6 para 58(5)

In the heading, for “Commission's” substitute “CMA's”.

Sch 6 para 59
Sch 6 para 59(1)

Section 16B (power of veto following report: supplementary) is amended as follows.

Sch 6 para 59(2)

In subsections (2) to (4), (6) and (8), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 59(3)

In the heading, for “Commission's” substitute “CMA's”.

Sch 6 para 60

In section 17 (modification by order under other enactments), in subsection (1), for “OFT, the Competition Commission” substitute “ CMA ”.

Sch 6 para 61
Sch 6 para 61(1)

Section 17K (water supply licences: modification references) is amended as follows.

Sch 6 para 61(2)

In subsection (1)—

Sch 6 para 61(2)(a)

for the words from “Competition Commission” to “the Commission”)” substitute “ CMA ”, and

Sch 6 para 61(2)(b)

for “Commission to” substitute “ CMA to ”.

Sch 6 para 61(3)

In subsections (2) to (4), (6), (7) and (9), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 61(4)

After subsection (9) insert—

Sch 6 para 61(5)

In the heading, for “Competition Commission” substitute “ CMA ”.

Sch 6 para 62

In section 17L (references under section 17K: time limits), in subsections (2) and (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 63
Sch 6 para 63(1)

Section 17N (water supply licences: reports on modification references) is amended as follows.

Sch 6 para 63(2)

In subsection (1), for “Commission” substitute “ CMA ”.

Sch 6 para 63(3)

In subsection (2)—

Sch 6 para 63(3)(a)

for “Commission” substitute CMA”, and

Sch 6 para 63(3)(b)

for the words from “in connection with” to the end substitute “ by the chair of the CMA for the purpose of carrying out the functions of the CMA with respect to the reference ”.

Sch 6 para 63(4)

In subsections (3) to (7) and (9), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 64

In section 17O (water supply licences: modification following report), in subsections (1) and (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 65
Sch 6 para 65(1)

Section 17P (water supply licences: power of veto following report) is amended as follows.

Sch 6 para 65(2)

In subsections (1) to (8) and (10) and (11), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 65(3)

In the heading, for “Commission's” substitute “CMA's”.

Sch 6 para 66
Sch 6 para 66(1)

Section 17Q (section 17P: supplementary) is amended as follows.

Sch 6 para 66(2)

In subsections (2) to (4), (6) and (8), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 67

In section 17R (water supply licences: modification by order under other enactments), in subsection (1), for “OFT, the Commission” substitute “ CMA ”.

Sch 6 para 68

In section 219 (general interpretation), in subsection (1)—

Sch 6 para 68(a)

after the definition of “the Authority” insert—“ “the CMA” means the Competition and Markets Authority”, and

Sch 6 para 68(b)

omit the definition of “the OFT”.

Railways Act 1993 (c. 43)

Sch 6 para 69

The Railways Act 1993 is amended as follows.

Sch 6 para 70
Sch 6 para 70(1)

Section 13 (modification references) is amended as follows.

Sch 6 para 70(2)

In subsection (1)—

Sch 6 para 70(2)(a)

for “Competition Commission” substitute “ CMA ”, and

Sch 6 para 70(2)(b)

for “the Commission” substitute “ the CMA ”.

Sch 6 para 70(3)

In subsection (2)—

Sch 6 para 70(3)(a)

for “Competition Commission” substitute “ CMA ”, and

Sch 6 para 70(3)(b)

for “the Commission” substitute “ the CMA ”.

Sch 6 para 70(4)

In subsection (3), for “Competition Commission” substitute “ CMA ”.

Sch 6 para 70(5)

In subsection (5)—

Sch 6 para 70(5)(a)

for “Competition Commission” substitute “ CMA ”, and

Sch 6 para 70(5)(b)

for “the Commission” substitute “ the CMA ”.

Sch 6 para 70(6)

In subsection (6)—

Sch 6 para 70(6)(a)

for “Competition Commission” substitute “ CMA ”, and

Sch 6 para 70(6)(b)

for “the Commission” (in each place where it occurs) substitute “ the CMA ”.

Sch 6 para 70(7)

In subsection (7), for “Competition Commission” substitute “ CMA ”.

Sch 6 para 70(8)

After subsection (9) insert—

Sch 6 para 70(9)

In the heading, for “Monopolies Commission” substitute “ CMA ”.

Sch 6 para 71

In section 13A (references under section 13: time limits), in subsections (2) and (3), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 72
Sch 6 para 72(1)

In section 13B (application of Enterprise Act 2002), in subsection (4)—

Sch 6 para 72(1)(a)

for “Competition Commission” substitute “ CMA ”, and

Sch 6 para 72(1)(b)

for the words from “the words” to the end, substitute

Sch 6 para 73
Sch 6 para 73(1)

Section 14 (reports on modification references) is amended as follows.

Sch 6 para 73(2)

In subsection (1), for “Competition Commission” substitute “ CMA ”.

Sch 6 para 73(3)

In subsection (1A)—

Sch 6 para 73(3)(a)

for “Competition Commission” substitute “ CMA ”, and

Sch 6 para 73(3)(b)

for the words from “in connection with” to the end substitute “ by the chair of the CMA for the purpose of carrying out the functions of the CMA with respect to the reference ”.

Sch 6 para 73(4)

In subsections (1B), (3) to (3C) and (4), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 74

In section 15 (modification following report), in subsections (1), (4A), (4C) and (4D), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 75
Sch 6 para 75(1)

Section 15A (power to veto modifications following report) is amended as follows.

Sch 6 para 75(2)

In subsections (1) to (5), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 75(3)

In the heading, for “Competition Commission's” substitute “CMA's”.

Sch 6 para 76
Sch 6 para 76(1)

Section 15B (making of modifications) is amended as follows.

Sch 6 para 76(2)

In subsections (1) to (5), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 76(3)

In the heading, for “Competition Commission” substitute “ CMA ”.

Sch 6 para 77
Sch 6 para 77(1)

Section 15C (sections 15A and 15B: supplementary) is amended as follows.

Sch 6 para 77(2)

In subsections (2) to (2B) and (2D), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 77(3)

In subsection (2F), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 77(4)

In subsection (2G)—

Sch 6 para 77(4)(a)

for “Competition Commission” substitute “ CMA ”, and

Sch 6 para 77(4)(b)

for the words from “the words” to the end, substitute

Sch 6 para 77(5)

In subsections (3) and (4), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 78

In section 16 (modification by order under other enactments), in subsection (1), for “OFT, the Competition Commission” substitute “ CMA ”.

Sch 6 para 79
Sch 6 para 79(1)

Section 74 (annual and other reports) is amended as follows.

Sch 6 para 79(2)

In subsection (1)(b), for “Competition Commission's” substitute “CMA's”.

Sch 6 para 79(3)

Omit subsection (7).

Sch 6 para 80

In section 83 (interpretation of Part 1), in subsection (1)—

Sch 6 para 80(a)

before the definition of “cross-border service” insert—“ “the CMA” means the Competition and Markets Authority;”, and

Sch 6 para 80(b)

omit the definition of “the OFT”.

Sch 6 para 81
Sch 6 para 81(1)

Schedule 4A (review of access charges by regulators) is amended as follows.

Sch 6 para 81(2)

In the italic cross-heading preceding paragraph 8, for “Competition Commission reference” substitute “ reference to CMA ”.

Sch 6 para 81(3)

In paragraph 8, in sub-paragraph (2)(b), for “Competition Commission” substitute “ CMA ”.

Sch 6 para 81(4)

In the italic cross-heading preceding paragraph 9, for “Competition Commission” substitute “ CMA ”.

Sch 6 para 81(5)

In paragraph 9—

Sch 6 para 81(5)(a)

in sub-paragraphs (1), (3) to (5), and (6A) to (9), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”, and

Sch 6 para 81(5)(b)

after sub-paragraph (9), insert—

Sch 6 para 81(6)

In paragraph 10A, in sub-paragraph (4)—

Sch 6 para 81(6)(a)

for “Competition Commission” substitute “ CMA ”, and

Sch 6 para 81(6)(b)

for the words from “the words” to the end, substitute

Sch 6 para 81(7)

In paragraph 11—

Sch 6 para 81(7)(a)

in sub-paragraph (1), for “Competition Commission” substitute “ CMA ”,

Sch 6 para 81(7)(b)

in sub-paragraph (4A)—

Sch 6 para 81(7)(b)(i)

for “Competition Commission” substitute “ CMA ”, and

Sch 6 para 81(7)(b)(ii)

for the words from “in connection with” to the end substitute “ by the chair of the CMA for the purpose of carrying out the functions of the CMA with respect to the reference ”, and

Sch 6 para 81(7)(c)

in sub-paragraphs (4B) to (5C) and (6), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 81(8)

In paragraph 12, in sub-paragraphs (1), (4B), (5), (8) and (9), for “Competition Commission” substitute “ CMA ”.

Sch 6 para 81(9)

In the italic cross-heading preceding paragraph 13, for “Competition Commission's” substitute “CMA's”.

Sch 6 para 81(10)

In paragraph 13, in sub-paragraphs (1) to (5), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 81(11)

In the italic cross-heading preceding paragraph 14, for “Competition Commission” substitute “ CMA ”.

Sch 6 para 81(12)

In paragraph 14, in sub-paragraphs (1) to (3) and (5) and (6), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 81(13)

In paragraph 15—

Sch 6 para 81(13)(a)

in sub-paragraphs (2) to (2B) and (2D), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”,

Sch 6 para 81(13)(b)

in sub-paragraph (2F), for “Commission” (in each place where it occurs) substitute “ CMA ”,

Sch 6 para 81(13)(c)

in sub-paragraph (2G)—

Sch 6 para 81(13)(c)(i)

for “Competition Commission” substitute “ CMA ”, and

Sch 6 para 81(13)(c)(ii)

for the words from “the words” to the end, substitute, and

Sch 6 para 81(13)(d)

in sub-paragraphs (3) and (4), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

Utilities Act 2000 (c. 27)

Sch 6 para 82

The Utilities Act 2000 is amended as follows.

Sch 6 para 83
Sch 6 para 83(1)

Section 5 (annual and other reports of Authority) is amended as follows.

Sch 6 para 83(2)

In subsection (1)(b), for “Competition Commission” substitute “ Competition and Markets Authority ”.

Sch 6 para 83(3)

Omit subsection (9).

Sch 6 para 84

Section 104 (specialist members of the Competition Commission) is omitted.

Transport Act 2000 (c. 38)

Sch 6 para 85

The Transport Act 2000 is amended as follows.

Sch 6 para 86
Sch 6 para 86(1)

Section 12 (references) is amended as follows.

Sch 6 para 86(2)

In subsection (1)—

Sch 6 para 86(2)(a)

for “Competition Commission” substitute “ Competition and Markets Authority (referred to in this Chapter as “the CMA”) ”, and

Sch 6 para 86(2)(b)

for “the Commission” substitute “ the CMA ”.

Sch 6 para 86(3)

In subsections (2), (3) and (5) to (8), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 86(4)

After subsection (8) insert—

Sch 6 para 86(5)

In the heading, for “Competition Commission” substitute “ Competition and Markets Authority ”.

Sch 6 para 87

In section 12A (references under section 12: time limits), in subsections (2) and (3), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 88

In section 12B (references under section 12: application of Enterprise Act 2002), in subsection (4)—

Sch 6 para 88(a)

for “Competition Commission” substitute “ CMA ”, and

Sch 6 para 88(b)

for the words from “the words” to the end, substitute

Sch 6 para 89
Sch 6 para 89(1)

Section 13 (reports on references) is amended as follows.

Sch 6 para 89(2)

In subsection (1), for “Competition Commission” substitute “ CMA ”.

Sch 6 para 89(3)

In subsection (1A)—

Sch 6 para 89(3)(a)

for “Competition Commission” substitute “ CMA ”, and

Sch 6 para 89(3)(b)

for the words from “in connection with” to the end, substitute “ by the chair of the CMA for the purpose of carrying out the functions of the CMA with respect to the reference. ”.

Sch 6 para 89(4)

In subsections (1B) to (2C), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 89(5)

In subsection (3), for “Commission” substitute “ CMA ”.

Sch 6 para 90
Sch 6 para 90(1)

Section 14 (modification following report) is amended as follows.

Sch 6 para 90(2)

In subsection (1), for “Competition Commission” substitute “ CMA ”.

Sch 6 para 90(3)

In subsection (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 91
Sch 6 para 91(1)

Section 15 (power to give direction) is amended as follows.

Sch 6 para 91(2)

In subsection (1), for “Competition Commission” substitute “ CMA ”.

Sch 6 para 91(3)

In subsection (2), for “Commission” substitute “ CMA ”.

Sch 6 para 91(4)

In subsection (3)—

Sch 6 para 91(4)(a)

for “Commission” substitute “ CMA ”, and

Sch 6 para 91(4)(b)

for “Commission's” substitute “CMA's”.

Sch 6 para 91(5)

In subsections (4), (9) and (10), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 91(6)

In the heading, for “Commission's” substitute “CMA's”.

Sch 6 para 92
Sch 6 para 92(1)

Section 16 (position where direction given) is amended as follows.

Sch 6 para 92(2)

In subsection (1), for “Competition Commission” substitute “ CMA ”.

Sch 6 para 92(3)

In subsection (2)—

Sch 6 para 92(3)(a)

for “Commission” substitute “ CMA ”, and

Sch 6 para 92(3)(b)

for “Commission's” substitute “CMA's”.

Sch 6 para 92(4)

In subsection (3)—

Sch 6 para 92(4)(a)

for “Commission” substitute “ CMA ”, and

Sch 6 para 92(4)(b)

for “Commission's” substitute “CMA's”.

Sch 6 para 92(5)

In subsections (4) to (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 92(6)

In the heading, for “Commission” substitute “ CMA ”.

Sch 6 para 93
Sch 6 para 93(1)

Section 17 (duty as to modifications under section 16) is amended as follows.

Sch 6 para 93(2)

In subsection (1), for “Competition Commission” substitute “ CMA ”.

Sch 6 para 93(3)

In subsections (2) and (4) to (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 93(4)

In the heading, for “Commission's” substitute “CMA's”.

Sch 6 para 94
Sch 6 para 94(1)

Section 18 (sections 15 and 16: general) is amended as follows.

Sch 6 para 94(2)

In subsections (2) to (4) and (6), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 94(3)

In subsection (8), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 94(4)

In subsection (9)—

Sch 6 para 94(4)(a)

for “Competition Commission” substitute “ CMA ”, and

Sch 6 para 94(4)(b)

for the words from “the words” to the end, substitute

Sch 6 para 95

In section 19 (modification by order under other enactments), in subsection (1), for “Office of Fair Trading, the Competition Commission” substitute “ CMA ”.

Sch 6 para 96
Sch 6 para 96(1)

Schedule 10 (competition test: functions and agreements relating to buses) is amended as follows.

Sch 6 para 96(2)

In the italic cross-heading preceding paragraph 5, for “OFT” substitute “ CMA ”.

Sch 6 para 96(3)

In paragraph 5—

Sch 6 para 96(3)(a)

for “Office of Fair Trading” substitute “ Competition and Markets Authority ”, and

Sch 6 para 96(3)(b)

for “OFT”” substitute “ CMA ””.

Sch 6 para 96(4)

In paragraphs 6, 7, 9, 10 and 12 to 14, for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 96(5)

In paragraph 14A, in sub-paragraphs (2) to (6), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 96(6)

In paragraphs 15 and 16, for “OFT” (in each place where it occurs) substitute “ CMA ”.

Communications Act 2003 (c. 21)

Sch 6 para 97

The Communications Act 2003 is amended as follows.

Sch 6 para 98
Sch 6 para 98(1)

Section 193 (reference of price control matters) is amended as follows.

Sch 6 para 98(2)

In subsection (1), for “Competition Commission” substitute “ CMA ”.

Sch 6 para 98(3)

In subsection (2)—

Sch 6 para 98(3)(a)

for “Competition Commission” substitute “ CMA ”,

Sch 6 para 98(3)(b)

for “the Commission is to determine that matter” substitute “ the determination of the matter is to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, and is to be performed ”,

Sch 6 para 98(3)(c)

in paragraph (b), for “them” substitute “ the CMA ”, and

Sch 6 para 98(3)(d)

in paragraph (c), for “Commission” substitute “ CMA ”.

Sch 6 para 98(4)

In subsection (3)—

Sch 6 para 98(4)(a)

for “Competition Commission” substitute “ CMA ”, and

Sch 6 para 98(4)(b)

for “that Commission” substitute “ the CMA ”.

Sch 6 para 98(5)

In subsection (4), for “Competition Commission” substitute “ CMA ”.

Sch 6 para 98(6)

In subsection (6)—

Sch 6 para 98(6)(a)

for “Competition Commission” substitute “ CMA ”, and

Sch 6 para 98(6)(b)

for “that Commission” substitute “ the CMA ”.

Sch 6 para 98(7)

In subsections (7) and (8), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 98(8)

In the heading, for “Competition Commission” substitute “ CMA ”.

Sch 6 para 99

Section 194 (composition of Competition Commission for price control references) is omitted.

Sch 6 para 100

In section 197 (interpretation of Chapter 3), before the definition of “network access” insert—“ “the CMA” means the Competition and Markets Authority;”.

Energy Act 2004 (c. 20)

Sch 6 para 101

The Energy Act 2004 is amended as follows.

Sch 6 para 102
Sch 6 para 102(1)

Section 173 (appeals) is amended as follows.

Sch 6 para 102(2)

In subsection (1)—

Sch 6 para 102(2)(a)

omit “shall lie to the Competition Commission”, and

Sch 6 para 102(2)(b)

after “applies” insert “ shall lie to the Competition and Markets Authority (in this Chapter referred to as “the CMA”) ”.

Sch 6 para 102(3)

In subsections (4) and (5), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 102(4)

In the heading, for “Competition Commission” substitute “ CMA ”.

Sch 6 para 103
Sch 6 para 103(1)

Section 174 (procedure on appeals) is amended as follows.

Sch 6 para 103(2)

Omit subsection (1).

Sch 6 para 103(3)

In subsection (2), omit “Instead,”.

Sch 6 para 103(4)

After subsection (2) insert—

Sch 6 para 104
Sch 6 para 104(1)

Section 175 (determination of appeals) is amended as follows.

Sch 6 para 104(2)

In subsections (2) to (6), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 104(3)

In subsection (9)—

Sch 6 para 104(3)(a)

for “Competition Commission” substitute “ CMA ”, and

Sch 6 para 104(3)(b)

for “the Commission” (in each place where it occurs) substitute “ the CMA ”.

Sch 6 para 104(4)

In subsection (10), for “Competition Commission” substitute “ CMA ”.

Sch 6 para 105

Section 176 is omitted.

Sch 6 para 106

Section 177 is omitted.

Sch 6 para 107
Sch 6 para 107(1)

Schedule 22 (procedure for appeals under section 173) is amended as follows.

Sch 6 para 107(2)

In paragraph 1—

Sch 6 para 107(2)(a)

in sub-paragraph (1), for “Commission” substitute “ CMA ”,

Sch 6 para 107(2)(b)

in sub-paragraph (8), for “Commission's” substitute “CMA's”,

Sch 6 para 107(2)(c)

in sub-paragraph (9)—

Sch 6 para 107(2)(c)(i)

for “Commission's” substitute “CMA's”, and

Sch 6 para 107(2)(c)(ii)

for “Commission” substitute “ CMA ”, and

Sch 6 para 107(2)(d)

in sub-paragraph (12), for “the Commission must” substitute “ an authorised member of the CMA must ”.

Sch 6 para 107(3)

In paragraph 2, in sub-paragraphs (1), (2), (5) and (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 107(4)

In paragraph 3, in sub-paragraphs (1) and (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 107(5)

In paragraph 4, in sub-paragraph (1), for “Commission” substitute “ CMA ”.

Sch 6 para 107(6)

In paragraph 5—

Sch 6 para 107(6)(a)

omit sub-paragraph (1),

Sch 6 para 107(6)(b)

in sub-paragraph (2)—

Sch 6 para 107(6)(b)(i)

after “group”, insert “ constituted by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 for the purpose of carrying out functions of the CMA with respect to an appeal under section 173 ”, and

Sch 6 para 107(6)(b)(ii)

for “Commission” substitute “ CMA panel ”,

Sch 6 para 107(6)(c)

omit sub-paragraphs (3) to (7), and

Sch 6 para 107(6)(d)

in sub-paragraph (8), for “a group” substitute “ the group ”.

Sch 6 para 107(7)

In paragraph 6—

Sch 6 para 107(7)(a)

in sub-paragraph (1), for the words from the beginning to “that appeal” substitute “ The CMA must determine an appeal ”,

Sch 6 para 107(7)(b)

in sub-paragraph (2)—

Sch 6 para 107(7)(b)(i)

for “group with the function of determining an appeal” substitute “ CMA ”, and

Sch 6 para 107(7)(b)(ii)

after “requirements” insert “ in respect of an appeal ”, and

Sch 6 para 107(7)(c)

in sub-paragraph (3), for “Commission” substitute “ CMA ”.

Sch 6 para 107(8)

In paragraph 7—

Sch 6 para 107(8)(a)

for “The group with the function of determining an appeal” substitute “ The CMA ”, and

Sch 6 para 107(8)(b)

for “determination of the appeal” substitute “ determination of an appeal ”.

Sch 6 para 107(9)

In paragraph 8—

Sch 6 para 107(9)(a)

in sub-paragraph (1), for “Commission” (in each place where it occurs) substitute “ CMA ”,

Sch 6 para 107(9)(b)

in sub-paragraph (4)—

Sch 6 para 107(9)(b)(i)

for “The Commission may take copies” substitute “ An authorised member of the CMA may, for the purpose of the exercise of the functions of the CMA, make arrangements for copies to be taken ”, and

Sch 6 para 107(9)(b)(ii)

omit “to it”, and

Sch 6 para 107(9)(c)

in sub-paragraph (5), for the words from “Commission's” to the end, substitute “ CMA's behalf by an authorised member of the CMA ”.

Sch 6 para 107(10)

In paragraph 9—

Sch 6 para 107(10)(a)

in sub-paragraph (2), for “Commission” substitute “ CMA ”,

Sch 6 para 107(10)(b)

in sub-paragraph (5)(a), for “the Commission is not required” substitute “ there is no requirement ”,

Sch 6 para 107(10)(c)

in sub-paragraph (7), for “the Commission must pay him” substitute “ an authorised member of the CMA must arrange for that person to be paid ”, and

Sch 6 para 107(10)(d)

in sub-paragraph (8), for the words from “Commission's” to the end, substitute “ CMA's behalf by an authorised member of the CMA ”.

Sch 6 para 107(11)

In paragraph 10—

Sch 6 para 107(11)(a)

in sub-paragraph (1), for “Commission” substitute “ CMA ”, and

Sch 6 para 107(11)(b)

in sub-paragraph (4), for the words from “Commission's” to the end, substitute “ CMA's behalf by an authorised member of the CMA ”

Sch 6 para 107(12)

In paragraph 11, in sub-paragraph (1), for “a member of the Commission” substitute “ an authorised member of the CMA ”.

Sch 6 para 107(13)

In paragraph 12, in sub-paragraphs (1), (3) and (4), for “Commission” (in each place where it occurs) substitute “ CMA Board ”.

Sch 6 para 107(14)

In paragraph 13, in sub-paragraph (1), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 107(15)

In paragraph 15, in sub-paragraph (1)—

Sch 6 para 107(15)(a)

for the definition of “authorised member of the Commission” substitute—,

Sch 6 para 107(15)(b)

omit the definition of “the Chairman”,

Sch 6 para 107(15)(c)

for the definition of “the Commission” substitute—, and

Sch 6 para 107(15)(d)

omit the definition of “a group”.

Sch 6 para 108

The Legal Services Act 2007 is amended as follows.

Sch 6 para 109
Sch 6 para 109(1)

Section 57 (reports) is amended as follows.

Sch 6 para 109(2)

In subsection (1), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 109(3)

In subsection (2), for “OFT's” substitute “CMA's”.

Sch 6 para 109(4)

In subsections (3) to (6), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 109(5)

In the heading, for “OFT” substitute “ CMA ”.

Sch 6 para 110
Sch 6 para 110(1)

Section 58 (Board's response to report) is amended as follows.

Sch 6 para 110(2)

In subsection (1), for “OFT” substitute “ CMA ”.

Sch 6 para 110(3)

In subsections (2) and (3), for “OFT's” (in each place where it occurs) substitute “CMA's”.

Sch 6 para 110(4)

In subsection (4), for “OFT” substitute “ CMA ”.

Sch 6 para 110(5)

In the heading, for “OFT” substitute “ CMA ”.

Sch 6 para 111
Sch 6 para 111(1)

Section 59 (referral of report by Lord Chancellor) is amended as follows.

Sch 6 para 111(2)

In subsections (1) to (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 111(3)

In subsection (4), for the words from “must” to “its advice” substitute “ must make a reference to the chair of the CMA for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, for the purpose of advising the Lord Chancellor ”.

Sch 6 para 111(4)

After subsection (4), insert—

Sch 6 para 111(5)

In the heading, omit “to the Competition Commission”.

Sch 6 para 112
Sch 6 para 112(1)

Section 60 (duties of the Competition Commission) is amended as follows.

Sch 6 para 112(2)

In subsection (1), for the words from “seeks” to “the Commission” substitute “ makes a reference under section 59, the CMA ”.

Sch 6 para 112(3)

In subsection (2), for “The Commission must then make its own report” substitute “ The CMA must then make a report ”.

Sch 6 para 112(4)

In subsection (3), for “Commission” substitute “ CMA ”.

Sch 6 para 112(5)

In subsection (4)—

Sch 6 para 112(5)(a)

for “Commission” substitute “ CMA ”, and

Sch 6 para 112(5)(b)

for the words from “it receives” to the end substitute “ the reference in question is made to the chair of the CMA under section 59 ”.

Sch 6 para 112(6)

In subsection (5), for “Commission's” substitute “CMA's”.

Sch 6 para 112(7)

In subsection (6)—

Sch 6 para 112(7)(a)

for “Commission's” substitute “CMA's, and

Sch 6 para 112(7)(b)

for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 112(8)

In subsection (7), for “Commission” substitute “ CMA ”.

Sch 6 para 112(9)

In subsection (8)—

Sch 6 para 112(9)(a)

for “Commission's” substitute “CMA's, and

Sch 6 para 112(9)(b)

for “Commission” substitute “ CMA ”.

Sch 6 para 112(10)

In subsection (9)—

Sch 6 para 112(10)(a)

in the words before paragraph (a), for “to the Commission” substitute “ to the CMA ”, and

Sch 6 para 112(10)(b)

in paragraph (b), for “Commission” substitute “ CMA ”.

Sch 6 para 112(11)

In subsection (10)—

Sch 6 para 112(11)(a)

for “Commission” substitute “ CMA ”, and

Sch 6 para 112(11)(b)

for “OFT's report” substitute “ report made by the CMA under section 57 ”.

Sch 6 para 112(12)

In the heading, for “Competition Commission” substitute “ CMA ”.

Sch 6 para 113
Sch 6 para 113(1)

Section 61 (Lord Chancellor's power to give directions) is amended as follows.

Sch 6 para 113(2)

In subsection (1), for “OFT” substitute “ CMA ”.

Sch 6 para 113(3)

In subsection (2), for “Competition Commission” substitute “ CMA ”.

Sch 6 para 114

In section 66 (Board's power to recommend orders), in subsection (3)(b), for “OFT” substitute “ CMA ”.

Sch 6 para 115

In section 67 (effect of Board's designation as approved regulator), in subsection (3), for “OFT” substitute “ CMA ”.

Sch 6 para 116

In section 207 (interpretation), in subsection (1)—

Sch 6 para 116(a)

after the definition of “barrister” insert—, and

Sch 6 para 116(b)

omit the definition of “the OFT”.

Sch 6 para 117
Sch 6 para 117(1)

Schedule 4 (approved regulators) is amended as follows.

Sch 6 para 117(2)

In paragraph 5, in sub-paragraph (2)(a), for “OFT” substitute “ CMA ”.

Sch 6 para 117(3)

In the italic cross-heading preceding paragraph 6, for “Office of Fair Trading” substitute “ Competition and Markets Authority ”.

Sch 6 para 117(4)

In paragraph 6, in sub-paragraphs (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 117(5)

In paragraph 15, in sub-paragraph (5)(a), for “OFT” substitute “ CMA ”.

Sch 6 para 118
Sch 6 para 118(1)

Schedule 6 (alteration of reserved legal activities) is amended as follows.

Sch 6 para 118(2)

In paragraph 3, in sub-paragraph (1)(b), for “OFT” substitute “ CMA ”.

Sch 6 para 118(3)

In paragraph 5, in sub-paragraphs (1) to (4), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 118(4)

In paragraph 8, in sub-paragraph (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 118(5)

In paragraph 9, in sub-paragraph (2)(b), for “OFT” substitute “ CMA ”.

Sch 6 para 118(6)

In paragraph 11, in sub-paragraph (4)(a), for “OFT” substitute “ CMA ”.

Sch 6 para 118(7)

In paragraph 17, in sub-paragraph (4)(a), for “OFT” substitute “ CMA ”.

Sch 6 para 119
Sch 6 para 119(1)

Schedule 7 (directions: procedure) is amended as follows.

Sch 6 para 119(2)

In paragraph 3, in sub-paragraph (2)(b), for “OFT” substitute “ CMA ”.

Sch 6 para 119(3)

In the italic cross-heading preceding paragraph 5, for “Office of Fair Trading” substitute “ Competition and Markets Authority ”.

Sch 6 para 119(4)

In paragraph 5, in sub-paragraphs (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 120
Sch 6 para 120(1)

Schedule 8 (intervention directions: procedure) is amended as follows.

Sch 6 para 120(2)

In paragraph 3, in sub-paragraph (2)(b), for “OFT” substitute “ CMA ”.

Sch 6 para 120(3)

In the italic cross-heading preceding paragraph 5, for “Office of Fair Trading” substitute “ Competition and Markets Authority ”.

Sch 6 para 120(4)

In paragraph 5, in sub-paragraphs (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 120(5)

In paragraph 14, in sub-paragraph (3)(b), for “OFT” substitute “ CMA ”.

Sch 6 para 120(6)

In the italic cross-heading preceding paragraph 16, for “Office of Fair Trading” substitute “ Competition and Markets Authority ”.

Sch 6 para 120(7)

In paragraph 16, in sub-paragraphs (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 121
Sch 6 para 121(1)

Schedule 9 (cancellation of designation as approved regulator) is amended as follows.

Sch 6 para 121(2)

In paragraph 3, in sub-paragraph (2)(a), for “OFT” substitute “ CMA ”.

Sch 6 para 121(3)

In the italic cross-heading preceding paragraph 4, for “Office of Fair Trading” substitute “ Competition and Markets Authority ”.

Sch 6 para 121(4)

In paragraph 4, in sub-paragraphs (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 122
Sch 6 para 122(1)

Schedule 10 (designation of approved regulators as licensing authorities) is amended as follows.

Sch 6 para 122(2)

In paragraph 3, in sub-paragraph (2)(a), for “OFT” substitute “ CMA ”.

Sch 6 para 122(3)

In the italic cross-heading preceding paragraph 4, for “Office of Fair Trading” substitute “ Competition and Markets Authority ”.

Sch 6 para 122(4)

In paragraph 4, in sub-paragraphs (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 122(5)

In paragraph 13, in sub-paragraph (5)(a), for “OFT” substitute “ CMA ”.

Sch 6 para 122(6)

In paragraph 19, in sub-paragraph (2)(a), for “OFT” substitute “ CMA ”.

Sch 6 para 122(7)

In the italic cross-heading preceding paragraph 20, for “Office of Fair Trading” substitute “ Competition and Markets Authority ”.

Sch 6 para 122(8)

In paragraph 20, in sub-paragraphs (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 123

In Schedule 24 (index of defined expressions)—

Sch 6 para 123(a)

at the appropriate place insert—, and

Sch 6 para 123(b)

omit the reference to the OFT.

Postal Services Act 2011 (c. 5)

Sch 6 para 124

The Postal Services Act 2011 is amended as follows.

Sch 6 para 125
Sch 6 para 125(1)

Section 59 (price control decisions) is amended as follows.

Sch 6 para 125(2)

In subsection (3), for “Competition Commission (“the Commission”)” substitute “ Competition and Markets Authority (“the CMA”) ”.

Sch 6 para 125(3)

In subsections (5) to (12), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 125(4)

After subsection (12) insert—.

Sch 6 para 126

In section 60 (section 59: supplementary), in subsections (1) and (4) to (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Health and Social Care Act 2012 (c. 7)

Sch 6 para 127

The Health and Social Care Act 2012 is amended as follows.

Sch 6 para 128
Sch 6 para 128(1)

Section 101 (licence condition modification references) is amended as follows.

Sch 6 para 128(2)

In subsection (2)—

Sch 6 para 128(2)(a)

for “Competition Commission” substitute “ CMA ”, and

Sch 6 para 128(2)(b)

for “the Commission” substitute “ the CMA ”.

Sch 6 para 128(3)

In subsection (4)—

Sch 6 para 128(3)(a)

for “Competition Commission” substitute “ CMA ”, and

Sch 6 para 128(3)(b)

for “the Commission” substitute “ the CMA ”.

Sch 6 para 128(4)

After subsection (4) insert—

Sch 6 para 128(5)

In subsections (5) and (6), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 128(6)

In the heading, for “Competition Commission” substitute “ CMA ”.

Sch 6 para 129

In section 102 (modification of conditions by order under other enactments), in subsection (1), for “Office of Fair Trading, Competition Commission” substitute “ CMA ”.

Sch 6 para 130

In section 103 (standard condition as to transparency of certain criteria), in subsection (3)—

Sch 6 para 130(a)

in paragraph (b), for “Competition Commission” substitute “ CMA ”, and

Sch 6 para 130(b)

in paragraph (c), for “Office of Fair Trading, Competition Commission” substitute “ CMA ”.

Sch 6 para 131
Sch 6 para 131(1)

Section 120 (responses to consultation on proposals for national tariff) is amended as follows.

Sch 6 para 131(2)

In subsections (1) and (4), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 131(3)

In subsection (5), omit the words from the beginning to “instead,”.

Sch 6 para 131(4)

After subsection (5), insert—

Sch 6 para 132
Sch 6 para 132(1)

Section 121 (determination on reference under section 120) is amended as follows.

Sch 6 para 132(2)

In subsections (1) to (3), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 132(3)

In subsections (4) to (6) and (8) to (10), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 133

In section 122 (changes following determination on reference under section 120), in subsections (1) and (2), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 134
Sch 6 para 134(1)

Section 123 (power to veto changes proposed under section 122) is amended as follows.

Sch 6 para 134(2)

In subsection (1), for “Competition Commission” substitute “ CMA ”.

Sch 6 para 134(3)

In subsection (3), for “Commission” substitute “ CMA ”.

Sch 6 para 134(4)

In subsection (4), for “Competition Commission” substitute “ CMA ”.

Sch 6 para 134(5)

In subsections (5) to (7), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 135
Sch 6 para 135(1)

Section 142 (responses to consultation on proposal to impose a levy) is amended as follows.

Sch 6 para 135(2)

In subsections (1) and (4), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 135(3)

After subsection (4) insert—

Sch 6 para 135(4)

In subsections (5) and (7), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 136
Sch 6 para 136(1)

Section 149 (electronic communications) is amended as follows.

Sch 6 para 136(2)

In subsection (2)—

Sch 6 para 136(2)(a)

for “Competition Commission” substitute “ CMA ”, and

Sch 6 para 136(2)(b)

for “the Commission” substitute “ the CMA ”.

Sch 6 para 136(3)

In subsections (3) and (4), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 137

In section 150 (interpretation etc. of Part 3), in subsection (1), after the definition of “anti-competitive behaviour” insert—.

Sch 6 para 138
Sch 6 para 138(1)

Schedule 10 (references by Monitor under section 101 or 142) is amended as follows.

Sch 6 para 138(2)

In the heading, for “Competition Commission” substitute “ CMA ”.

Sch 6 para 138(3)

In paragraph 1—

Sch 6 para 138(3)(a)

in sub-paragraph (1), for “Competition Commission” substitute “ CMA ”, and

Sch 6 para 138(3)(b)

in sub-paragraph (2), for “the Commission” substitute “ the CMA ”.

Sch 6 para 138(4)

In paragraph 2, for “Competition Commission” substitute “ CMA ”.

Sch 6 para 138(5)

In paragraph 4—

Sch 6 para 138(5)(a)

in sub-paragraph (1)—

Sch 6 para 138(5)(a)(i)

for “Competition Commission” substitute “ CMA ”, and

Sch 6 para 138(5)(a)(ii)

for “the Commission” (in each place where it occurs) substitute “ the CMA ”, and

Sch 6 para 138(5)(b)

in sub-paragraph (2), for “Commission” substitute “ CMA ”.

Sch 6 para 138(6)

In paragraph 5—

Sch 6 para 138(6)(a)

in sub-paragraph (1), for “Competition Commission” substitute “ CMA ”,

Sch 6 para 138(6)(b)

in sub-paragraph (3), for “Commission” substitute “ CMA ”, and

Sch 6 para 138(6)(c)

in sub-paragraph (4), for “Competition Commission” substitute “ CMA ”.

Sch 6 para 138(7)

In paragraph 6—

Sch 6 para 138(7)(a)

in sub-paragraph (1), for “Competition Commission” substitute “ CMA ”,

Sch 6 para 138(7)(b)

in sub-paragraph (2)—

Sch 6 para 138(7)(b)(i)

for “Commission” substitute “ CMA ”, and

Sch 6 para 138(7)(b)(ii)

for the words from “in connection with” to the end substitute “ by the chair of the CMA for the purpose of carrying out the functions of the CMA with respect to the reference ”, and

Sch 6 para 138(7)(c)

in sub-paragraph (4), for “Commission” substitute “ CMA ”.

Sch 6 para 138(8)

In paragraph 7, in sub-paragraphs (1) and (8), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 138(9)

In the italic cross-heading preceding paragraph 8, for “Competition Commission's” substitute “CMA's”.

Sch 6 para 138(10)

In paragraph 8—

Sch 6 para 138(10)(a)

in sub-paragraph (1), for “Competition Commission” substitute “ CMA ”, and

Sch 6 para 138(10)(b)

in sub-paragraphs (3) to (5), (7), (8) and (10) to (12), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 138(11)

In paragraph 9—

Sch 6 para 138(11)(a)

in sub-paragraph (1), for “Competition Commission” substitute “ CMA ”, and

Sch 6 para 138(11)(b)

in sub-paragraphs (2) and (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 138(12)

In paragraph 10, in sub-paragraph (2), for “Competition Commission” substitute “ CMA ”.

Sch 6 para 139
Sch 6 para 139(1)

Schedule 12 (procedure on references under section 120) is amended as follows.

Sch 6 para 139(2)

In paragraph 2, in sub-paragraph (1), for “Competition Commission” substitute “ CMA ”.

Sch 6 para 139(3)

In the italic cross-heading preceding paragraph 3, for “Commission” substitute “ CMA ”.

Sch 6 para 139(4)

In paragraph 3—

Sch 6 para 139(4)(a)

omit sub-paragraph (1),

Sch 6 para 139(4)(b)

in sub-paragraph (2)—

Sch 6 para 139(4)(b)(i)

for “selected under this paragraph” substitute “ constituted by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 for the purpose of carrying out functions of the CMA with respect to a reference under section 120 ”, and

Sch 6 para 139(4)(b)(ii)

for “Commission” substitute “ CMA panel ”,

Sch 6 para 139(4)(c)

omit sub-paragraphs (3) to (6), and

Sch 6 para 139(4)(d)

in sub-paragraph (7), for “a group” substitute “ the group ”.

Sch 6 para 139(5)

In paragraph 4—

Sch 6 para 139(5)(a)

in sub-paragraph (1), for the words from the beginning to “the determination” substitute “ The CMA must make its determination on a reference ”,

Sch 6 para 139(5)(b)

in sub-paragraph (2), for “that group” substitute “ the CMA ”, and

Sch 6 para 139(5)(c)

in sub-paragraph (3), for “Competition Commission” substitute “ CMA ”.

Sch 6 para 139(6)

In paragraph 5, in sub-paragraph (1)—

Sch 6 para 139(6)(a)

for “group with the function of determining a reference” substitute “ CMA ”, and

Sch 6 para 139(6)(b)

for “of the appeal” substitute “ on a reference ”.

Sch 6 para 139(7)

In paragraph 6, in sub-paragraphs (1) and (3), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 139(8)

In paragraph 7—

Sch 6 para 139(8)(a)

in sub-paragraph (1), for “a group with the function of making a determination on a reference under section 120” substitute “ the CMA ”,

Sch 6 para 139(8)(b)

in sub-paragraph (2), for “A group with that function” substitute “ The CMA ”,

Sch 6 para 139(8)(c)

in sub-paragraph (3), for “Competition Commission” substitute “ CMA ”,

Sch 6 para 139(8)(d)

in sub-paragraph (4)—

Sch 6 para 139(8)(d)(i)

for “Competition Commission” substitute “ CMA ”, and

Sch 6 para 139(8)(d)(ii)

in paragraph (b), after “evidence” insert “ to it ” and omit “to a group with that function”,

Sch 6 para 139(8)(e)

in sub-paragraph (5), for “group conducting the hearing” substitute “ CMA ”,

Sch 6 para 139(8)(f)

in sub-paragraph (8)—

Sch 6 para 139(8)(f)(i)

in paragraph (a), for “Competition Commission” substitute “ CMA ”, and

Sch 6 para 139(8)(f)(ii)

in paragraph (b), for “group conducting the hearing” substitute “ CMA ”, and

Sch 6 para 139(8)(g)

in sub-paragraph (9), for “Competition Commission” substitute “ CMA ”.

Sch 6 para 139(9)

In paragraph 8, in sub-paragraph (1)—

Sch 6 para 139(9)(a)

for “Commission” substitute “ CMA ”, and

Sch 6 para 139(9)(b)

for “a group with the function of making a determination on a reference under section 120” substitute “ the CMA ”.

Sch 6 para 139(10)

In paragraph 9, in sub-paragraph (2), for “Commission” substitute “ group constituted for the purpose of carrying out functions of the CMA with respect to the reference to which the notice or requirement relates ”.

Sch 6 para 139(11)

In paragraph 10, in sub-paragraph (2) for the words from “Competition Commission's” to the end substitute “ CMA's behalf by a member of the group constituted for the purpose of carrying out functions of the CMA with respect to the reference to which the notice relates ”.

Sch 6 para 139(12)

In paragraph 11—

Sch 6 para 139(12)(a)

in sub-paragraph (1), for “Competition Commission” substitute “ CMA Board ”, and

Sch 6 para 139(12)(b)

in sub-paragraphs (4) and (5), for “Commission” substitute “ CMA Board ”.

Sch 6 para 139(13)

In paragraph 12—

Sch 6 para 139(13)(a)

for sub-paragraph (1) substitute—, and

Sch 6 para 139(13)(b)

in sub-paragraph (5)—

Sch 6 para 139(13)(b)(i)

for “The group that makes a determination on a reference under section 120” substitute “ The CMA ”, and

Sch 6 para 139(13)(b)(ii)

for “the determination” substitute “ a determination on a reference under section 120 ”.

Civil Aviation Act 2012 (c. 19)

Sch 6 para 140

The Civil Aviation Act 2012 is amended as follows.

Sch 6 para 141
Sch 6 para 141(1)

Section 24 (appeals: conditions of new licences) is amended as follows.

Sch 6 para 141(2)

In subsections (1), (3) and (5), for “Competition Commission” (in each place where it occurs) substitute “ Competition and Markets Authority ”.

Sch 6 para 141(3)

In the heading, for “Competition Commission” substitute “ Competition and Markets Authority ”.

Sch 6 para 142
Sch 6 para 142(1)

Section 25 (appeals: modification of licence conditions) is amended as follows.

Sch 6 para 142(2)

In subsections (1), (3), (5) and (7), for “Competition Commission” (in each place where it occurs) substitute “ Competition and Markets Authority ”.

Sch 6 para 142(3)

In the heading, for “Competition Commission” substitute “ Competition and Markets Authority ”.

Sch 6 para 143

In section 26 (when appeals may be allowed), for “Competition Commission” substitute “ Competition and Markets Authority ”.

Sch 6 para 144
Sch 6 para 144(1)

Section 27 (determination of appeal) is amended as follows.

Sch 6 para 144(2)

In subsection (1) for “Competition Commission” substitute “ Competition and Markets Authority ”.

Sch 6 para 144(3)

In subsection (2)—

Sch 6 para 144(3)(a)

for “Competition Commission” substitute “ Competition and Markets Authority ”, and

Sch 6 para 144(3)(b)

for “the Commission” substitute “ the Competition and Markets Authority ”.

Sch 6 para 144(4)

In subsection (4)—

Sch 6 para 144(4)(a)

for “Competition Commission” substitute “ Competition and Markets Authority ”, and

Sch 6 para 144(4)(b)

for “the Commission” substitute “ the Competition and Markets Authority ”.

Sch 6 para 144(5)

In subsection (5), for “Competition Commission” substitute “ Competition and Markets Authority ”.

Sch 6 para 145
Sch 6 para 145(1)

Section 28 (determination of appeal: time limits) is amended as follows.

Sch 6 para 145(2)

In subsections (1), (3) and (4), for “Competition Commission” (in each place where it occurs) substitute “ Competition and Markets Authority ”.

Sch 6 para 145(3)

In subsection (5)—

Sch 6 para 145(3)(a)

for “Competition Commission” substitute “ Competition and Markets Authority ”, and

Sch 6 para 145(3)(b)

for “the Commission” substitute “ the Competition and Markets Authority ”.

Sch 6 para 145(4)

In subsections (6) to (8), for “Competition Commission” (in each place where it occurs) substitute “ Competition and Markets Authority ”.

Sch 6 para 146
Sch 6 para 146(1)

Section 29 (determination of appeal: publication etc) is amended as follows.

Sch 6 para 146(2)

In subsection (1)—

Sch 6 para 146(2)(a)

for “Competition Commission” substitute “ Competition and Markets Authority ”, and

Sch 6 para 146(2)(b)

for “the Commission” substitute “ the Competition and Markets Authority ”.

Sch 6 para 146(3)

In subsections (3) and (4), for “Competition Commission” (in each place where it occurs) substitute “ Competition and Markets Authority ”.

Sch 6 para 146(4)

In subsection (5)—

Sch 6 para 146(4)(a)

for “Competition Commission” substitute “ Competition and Markets Authority ” and

Sch 6 para 146(4)(b)

for “Commission's opinion” (in each place where those words occur) substitute “ opinion of the Competition and Markets Authority ”.

Sch 6 para 147
Sch 6 para 147(1)

Section 30 (procedure on appeals) is amended as follows.

Sch 6 para 147(2)

In subsection (2), for “Competition Commission” substitute “ Competition and Markets Authority ”.

Sch 6 para 147(3)

For subsection (4) substitute—

Sch 6 para 148
Sch 6 para 148(1)

Schedule 2 (appeals under sections 24 and 25) is amended as follows.

Sch 6 para 148(2)

In paragraph 2—

Sch 6 para 148(2)(a)

in sub-paragraph (1)—

Sch 6 para 148(2)(a)(i)

for “Competition Commission's decision” substitute “ decision of the Competition and Markets Authority ”, and

Sch 6 para 148(2)(a)(ii)

for “the Commission” substitute “ the Competition and Markets Authority ”,

Sch 6 para 148(2)(b)

in sub-paragraphs (5) and (6), for “Competition Commission” (in each place where it occurs) substitute “ Competition and Markets Authority ”,

Sch 6 para 148(2)(c)

in sub-paragraph (7), for “The Competition Commission” substitute “ An authorised member of the Competition and Markets Authority ”, and

Sch 6 para 148(2)(d)

in sub-paragraph (8), in paragraph (d), for “Commission” substitute “ authorised member ”.

Sch 6 para 148(3)

In paragraph 3, in sub-paragraph (1), for “Competition Commission” substitute “ Competition and Markets Authority ”.

Sch 6 para 148(4)

In paragraph 4—

Sch 6 para 148(4)(a)

in sub-paragraph (1), for “Competition Commission” substitute “ Competition and Markets Authority ”,

Sch 6 para 148(4)(b)

in sub-paragraph (2), for “on which the Competition Commission publishes its” substitute “of publication of the Competition and Markets Authority's”, and

Sch 6 para 148(4)(c)

in sub-paragraph (3), for “Competition Commission” substitute “ Competition and Markets Authority ”.

Sch 6 para 148(5)

In paragraph 5—

Sch 6 para 148(5)(a)

in sub-paragraph (1)—

Sch 6 para 148(5)(a)(i)

for “Competition Commission's decision” substitute “ decision of the Competition and Markets Authority ”, and

Sch 6 para 148(5)(a)(ii)

for “the Commission” substitute “ the Competition and Markets Authority ”,

Sch 6 para 148(5)(b)

in sub-paragraph (2), for “Competition Commission” substitute “ Competition and Markets Authority ”,

Sch 6 para 148(5)(c)

in sub-paragraph (4), for “The Competition Commission must” substitute “ An authorised member of the Competition and Markets Authority must ”, and

Sch 6 para 148(5)(d)

in sub-paragraph (5), in paragraph (d), for “Commission” substitute “ authorised member ”.

Sch 6 para 148(6)

In paragraph 6, in sub-paragraph (3), for “Competition Commission” substitute “ Competition and Markets Authority ”.

Sch 6 para 148(7)

In paragraph 7, in sub-paragraph (3), for “Competition Commission” substitute “ Competition and Markets Authority ”.

Sch 6 para 148(8)

In paragraph 8, in sub-paragraph (3), for “Competition Commission” substitute “ Competition and Markets Authority ”.

Sch 6 para 148(9)

In paragraph 9, in sub-paragraph (1), for “Competition Commission” substitute “ Competition and Markets Authority ”.

Sch 6 para 148(10)

In paragraph 10, in sub-paragraph (3), for “Competition Commission's decision” substitute “ decision of the Competition and Markets Authority ”.

Sch 6 para 148(11)

In paragraph 11—

Sch 6 para 148(11)(a)

in sub-paragraph (1)—

Sch 6 para 148(11)(a)(i)

for “Competition Commission's functions” substitute “ functions of the Competition and Markets Authority ”, and

Sch 6 para 148(11)(a)(ii)

for “the Commission” substitute “ the Competition and Markets Authority ”,

Sch 6 para 148(11)(b)

in sub-paragraph (2), for “Competition Commission” substitute “ Competition and Markets Authority ”, and

Sch 6 para 148(11)(c)

in sub-paragraph (4)—

Sch 6 para 148(11)(c)(i)

for “The Competition Commission” substitute “ An authorised member of the Competition and Markets Authority ”, and

Sch 6 para 148(11)(c)(ii)

for first “it” substitute “ he or she ”.

Sch 6 para 148(12)

In paragraph 12, in sub-paragraph (1), for “Competition Commission” substitute “ Competition and Markets Authority ”.

Sch 6 para 148(13)

In paragraph 13, in sub-paragraph (3), for “Competition Commission's decision” substitute “ decision of the Competition and Markets Authority ”.

Sch 6 para 148(14)

In paragraph 14—

Sch 6 para 148(14)(a)

in sub-paragraph (1)—

Sch 6 para 148(14)(a)(i)

for “Competition Commission's functions” substitute “ functions of the Competition and Markets Authority ”, and

Sch 6 para 148(14)(a)(ii)

for “the Commission” substitute “ the Competition and Markets Authority ”,

Sch 6 para 148(14)(b)

in sub-paragraph (2), for “Competition Commission” substitute “ Competition and Markets Authority ”, and

Sch 6 para 148(14)(c)

in sub-paragraph (4)—

Sch 6 para 148(14)(c)(i)

for “The Competition Commission” substitute “ An authorised member of the Competition and Markets Authority ”, and

Sch 6 para 148(14)(c)(ii)

for first “it” substitute “ he or she ”.

Sch 6 para 148(15)

In paragraph 15—

Sch 6 para 148(15)(a)

in sub-paragraph (1), for “The Competition Commission must” substitute “ An authorised member of the Competition and Markets Authority must ”,

Sch 6 para 148(15)(b)

in sub-paragraph (2), for “the Competition Commission must comply with sub-paragraph (1)” substitute “ the requirements of sub-paragraph (1) must be complied with ”,

Sch 6 para 148(15)(c)

in sub-paragraph (3), for “The Competition Commission must” substitute “ An authorised member of the Competition and Markets Authority must ”, and

Sch 6 para 148(15)(d)

in sub-paragraph (4), in paragraph (d), for “Commission” substitute “ authorised member ”.

Sch 6 para 148(16)

In paragraph 16—

Sch 6 para 148(16)(a)

in sub-paragraph (1), for “Competition Commission” substitute “ Competition and Markets Authority ”, and

Sch 6 para 148(16)(b)

in sub-paragraph (4), in paragraph (a), for “the Competition Commission” substitute “ an authorised member of the Competition and Markets Authority ”.

Sch 6 para 148(17)

In paragraph 17—

Sch 6 para 148(17)(a)

omit sub-paragraph (1),

Sch 6 para 148(17)(b)

in sub-paragraph (2)—

Sch 6 para 148(17)(b)(i)

for “The group” substitute “ A group constituted by the chair of the Competition and Markets Authority, under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, for the purpose of carrying out functions of the Competition and Markets Authority with respect to an appeal under section 24 or 25 ”, and

Sch 6 para 148(17)(b)(ii)

for “Competition Commission” substitute “ CMA panel ”, and

Sch 6 para 148(17)(c)

omit sub-paragraphs (3) and (4).

Sch 6 para 148(18)

Omit paragraph 18.

Sch 6 para 148(19)

In paragraph 19, in sub-paragraph (1), for “Competition Commission” substitute “ Competition and Markets Authority ”.

Sch 6 para 148(20)

In paragraph 20—

Sch 6 para 148(20)(a)

in sub-paragraph (1)—

Sch 6 para 148(20)(a)(i)

for “A group with the function of determining an appeal” substitute “ The Competition and Markets Authority ”,

Sch 6 para 148(20)(a)(ii)

for “the appeal” substitute “ an appeal ”, and

Sch 6 para 148(20)(a)(iii)

for “Competition Commission” substitute “ Competition and Markets Authority ”,

Sch 6 para 148(20)(b)

in sub-paragraph (3)—

Sch 6 para 148(20)(b)(i)

for “A group with the function of determining an appeal” substitute “ The Competition and Markets Authority ”, and

Sch 6 para 148(20)(b)(ii)

for “the appeal” substitute “ an appeal ”, and

Sch 6 para 148(20)(c)

in sub-paragraph (4)—

Sch 6 para 148(20)(c)(i)

for “A group with the function of determining an appeal” substitute “ The Competition and Markets Authority ”, and

Sch 6 para 148(20)(c)(ii)

for “the appeal” substitute “ an appeal ”.

Sch 6 para 148(21)

In paragraph 21, in sub-paragraph (1), for “Competition Commission” substitute “ Competition and Markets Authority ”.

Sch 6 para 148(22)

In paragraph 22—

Sch 6 para 148(22)(a)

in sub-paragraphs (1) and (2), for “Competition Commission” (in each place where it occurs) substitute “ Competition and Markets Authority ”,

Sch 6 para 148(22)(b)

in sub-paragraph (3), for “Competition Commission's decision” substitute “ decision of the Competition and Markets Authority ”,

Sch 6 para 148(22)(c)

in sub-paragraph (4)—

Sch 6 para 148(22)(c)(i)

for “Competition Commission's decision” substitute “ decision of the Competition and Markets Authority ”, and

Sch 6 para 148(22)(c)(ii)

for “the Commission” substitute “ the Competition and Markets Authority ”,

Sch 6 para 148(22)(d)

in sub-paragraphs (5) and (6), for “Competition Commission” (in each place where it occurs) substitute “ Competition and Markets Authority ”,

Sch 6 para 148(22)(e)

in sub-paragraph (7)—

Sch 6 para 148(22)(e)(i)

for “Competition Commission's decision” substitute “ decision of the Competition and Markets Authority ”, and

Sch 6 para 148(22)(e)(ii)

for “Commission” (in each place where it occurs) substitute “ Competition and Markets Authority ”, and

Sch 6 para 148(22)(f)

in sub-paragraph (9)—

Sch 6 para 148(22)(f)(i)

for “Competition Commission's decision” substitute “ decision of the Competition and Markets Authority ”, and

Sch 6 para 148(22)(f)(ii)

for “Commission” (in each place where it occurs) substitute “ Competition and Markets Authority ”.

Sch 6 para 148(23)

In paragraph 23, in sub-paragraph (1), for “Competition Commission” substitute “ Competition and Markets Authority ”.

Sch 6 para 148(24)

In paragraph 24—

Sch 6 para 148(24)(a)

in sub-paragraph (1)—

Sch 6 para 148(24)(a)(i)

for “Competition Commission” substitute “ Competition and Markets Authority ”, and

Sch 6 para 148(24)(a)(ii)

for “the Commission” substitute “ the Competition and Markets Authority ”, and

Sch 6 para 148(24)(b)

in sub-paragraph (4), for the words from “on the” to the end substitute “ on behalf of the Competition and Markets Authority by an authorised member of the Competition and Markets Authority ”.

Sch 6 para 148(25)

In paragraph 25—

Sch 6 para 148(25)(a)

in sub-paragraph (1), for “Competition Commission” (in each place where it occurs) substitute “ Competition and Markets Authority ”,

Sch 6 para 148(25)(b)

in sub-paragraph (3), for “The Competition Commission” substitute “ An authorised member of the Competition and Markets Authority ”,

Sch 6 para 148(25)(c)

in sub-paragraph (7), in paragraph (a), for “the Competition Commission is not required” substitute “ there is no requirement ”,

Sch 6 para 148(25)(d)

in sub-paragraph (9), for “the Competition Commission must pay the person” substitute “ an authorised member of the Competition and Markets Authority must arrange for the person to be paid ”, and

Sch 6 para 148(25)(e)

in sub-paragraph (10), for the words from “on the” to the end substitute “ on behalf of the Competition and Markets Authority by an authorised member of the Competition and Markets Authority ”.

Sch 6 para 148(26)

In paragraph 26—

Sch 6 para 148(26)(a)

in sub-paragraph (1), for “Competition Commission” (in each place where it occurs) substitute “ Competition and Markets Authority ”, and

Sch 6 para 148(26)(b)

in sub-paragraph (5), for the words from “on the” to the end substitute “ on behalf of the Competition and Markets Authority by an authorised member of the Competition and Markets Authority ”.

Sch 6 para 148(27)

In paragraph 27, for “Competition Commission” substitute “ Competition and Markets Authority ”.

Sch 6 para 148(28)

In paragraph 28, in sub-paragraph (2), for “A member of the Competition Commission” substitute “ An authorised member of the Competition and Markets Authority ”.

Sch 6 para 148(29)

In paragraph 30—

Sch 6 para 148(29)(a)

in sub-paragraphs (1) to (4), for “the Competition Commission” (in each place where it occurs) substitute “ the Competition and Markets Authority ”,

Sch 6 para 148(29)(b)

after sub-paragraph (4), insert—, and

Sch 6 para 148(29)(c)

in sub-paragraph (6), for “Competition Commission” substitute “ Competition and Markets Authority ”.

Sch 6 para 148(30)

In paragraph 31, in sub-paragraphs (1), (5) and (6), for “Competition Commission” (in each place where it occurs) substitute “ CMA Board ”.

Sch 6 para 148(31)

In paragraph 32—

Sch 6 para 148(31)(a)

in sub-paragraph (1)—

Sch 6 para 148(31)(a)(i)

for “Competition Commission” substitute “ Competition and Markets Authority ”, and

Sch 6 para 148(31)(a)(ii)

for “the Commission” substitute “ the Competition and Markets Authority ”,

Sch 6 para 148(31)(b)

in sub-paragraph (2)—

Sch 6 para 148(31)(b)(i)

for “Competition Commission” substitute “ Competition and Markets Authority ”, and

Sch 6 para 148(31)(b)(ii)

for “the Commission” substitute “ the Competition and Markets Authority ”, and

Sch 6 para 148(31)(c)

in sub-paragraphs (3) and (4), for “Competition Commission” (in each place where it occurs) substitute “ group ”.

Sch 6 para 148(32)

In paragraph 34—

Sch 6 para 148(32)(a)

for “Competition Commission” substitute “ Competition and Markets Authority or a member of the Competition and Markets Authority ”, and

Sch 6 para 148(32)(b)

“it must publish or send it” substitute “it must be published or sent”.

Sch 6 para 148(33)

In paragraph 35, in sub-paragraph (1)—

Sch 6 para 148(33)(a)

for the definition of “authorised member of the Competition Commission” substitute—,

Sch 6 para 148(33)(b)

omit the definition of “Chairman”,

Sch 6 para 148(33)(c)

omit the definition of “a group”, and

Sch 6 para 148(33)(d)

before the definition of “intervener” insert—.

Sch 6

Amendments to other enactments

Electricity (Northern Ireland) Order 1992 (SI 1992/231 (N.I. 1))

Sch 6 para 149

The Electricity (Northern Ireland) Order 1992 is amended as follows.

Sch 6 para 150

In article 2 (interpretation), in paragraph (2), before the definition of “the Department” insert—“ “the CMA” means the Competition and Markets Authority;”.

Sch 6 para 151
Sch 6 para 151(1)

Article 15 (modification references) is amended as follows.

Sch 6 para 151(2)

In paragraph (1)—

Sch 6 para 151(2)(a)

for “Competition Commission” substitute “ CMA ”, and

Sch 6 para 151(2)(b)

for “the Commission” substitute “ the CMA ”.

Sch 6 para 151(3)

In paragraph (2)—

Sch 6 para 151(3)(a)

for “Competition Commission” substitute “ CMA ”, and

Sch 6 para 151(3)(b)

for “the Commission” substitute “ the CMA ”.

Sch 6 para 151(4)

In paragraph (3), for “Competition Commission” substitute “ CMA ”.

Sch 6 para 151(5)

In paragraph (5)—

Sch 6 para 151(5)(a)

for “Competition Commission” substitute “ CMA ”, and

Sch 6 para 151(5)(b)

for “the Commission” substitute “ the CMA ”.

Sch 6 para 151(6)

In paragraph (6)—

Sch 6 para 151(6)(a)

for “Competition Commission” substitute “ CMA ”, and

Sch 6 para 151(6)(b)

for “the Commission” (in each place where it occurs) substitute “ the CMA ”.

Sch 6 para 151(7)

In paragraph (7), for “Competition Commission” substitute “ CMA ”.

Sch 6 para 151(8)

After paragraph (7) insert—

Sch 6 para 151(9)

In paragraph (9), for the words from “members” to the end substitute “ persons to membership of the CMA for the purpose of being available for selection as members of a group constituted to carry out functions on behalf of the CMA with respect to a reference under this Article ”.

Sch 6 para 151(10)

In paragraph (9A), for “selecting” substitute “ constituting ”.

Sch 6 para 151(11)

In the heading, for “Monopolies Commission” substitute “ CMA ”.

Sch 6 para 152

In article 15A (references under article 15: time limits), in paragraphs (2) and (3), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 153
Sch 6 para 153(1)

Article 16 (reports on modification references) is amended as follows.

Sch 6 para 153(2)

In paragraph (1), for “Competition Commission” substitute “ CMA ”.

Sch 6 para 153(3)

In paragraph (1A)—

Sch 6 para 153(3)(a)

for “Competition Commission” substitute “ CMA ”, and

Sch 6 para 153(3)(b)

for the words from “in connection with” to the end substitute “ by the chair of the CMA for the purpose of carrying out the functions of the CMA with respect to the reference ”.

Sch 6 para 153(4)

In paragraphs (1B), (3) to (3C) and (4), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 154

In article 17 (modification following report), in paragraphs (1) and (5), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 155
Sch 6 para 155(1)

Article 17A (power to veto modifications following report) is amended as follows.

Sch 6 para 155(2)

In paragraph (1), for the words from the beginning to “Commission”)” substitute “ The CMA ”.

Sch 6 para 155(3)

In paragraphs (2) to (8), (10) to (12), (14) and (16), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 155(4)

In the heading, for “Competition Commission's” substitute “CMA's”.

Sch 6 para 156

In article 18 (modification by order under other statutory provisions), in paragraph (1), for “Office of Fair Trading, the Competition Commission” substitute “ CMA ”.

Sch 6 para 157
Sch 6 para 157(1)

Article 53 (annual and other reports) is amended as follows.

Sch 6 para 157(2)

In paragraph (1)(a)(ii), for “Competition Commission” substitute “CMA's”.

Sch 6 para 157(3)

Omit paragraph (6).

Gas (Northern Ireland) Order 1996 (SI 1996/275 (N.I.2))

Sch 6 para 158

The Gas (Northern Ireland) Order 1996 is amended as follows.

Sch 6 para 159

In article 2 (interpretation), in paragraph (2), before the definition of “construction” insert—.

Sch 6 para 160
Sch 6 para 160(1)

Article 15 (modification references) is amended as follows.

Sch 6 para 160(2)

In paragraph (1)—

Sch 6 para 160(2)(a)

for “Competition Commission” substitute “ CMA ”, and

Sch 6 para 160(2)(b)

for “the Commission” substitute “ the CMA ”.

Sch 6 para 160(3)

In paragraph (2)—

Sch 6 para 160(3)(a)

for “Competition Commission” substitute “ CMA ”, and

Sch 6 para 160(3)(b)

for “the Commission” substitute “ the CMA ”.

Sch 6 para 160(4)

In paragraph (3)—

Sch 6 para 160(4)(a)

for “Competition Commission” substitute “ CMA ”, and

Sch 6 para 160(4)(b)

for “the Commission” substitute “ the CMA ”.

Sch 6 para 160(5)

In paragraph (4), for “Competition Commission” substitute “ CMA ”.

Sch 6 para 160(6)

In paragraph (6)—

Sch 6 para 160(6)(a)

for “Competition Commission” substitute “ CMA ”, and

Sch 6 para 160(6)(b)

for “the Commission” substitute “ the CMA ”.

Sch 6 para 160(7)

In paragraph (7)—

Sch 6 para 160(7)(a)

for “Competition Commission” substitute “ CMA ”, and

Sch 6 para 160(7)(b)

for “the Commission” (in each place where it occurs) substitute “ the CMA ”.

Sch 6 para 160(8)

In paragraph (8), for “Competition Commission” substitute “ CMA ”.

Sch 6 para 160(9)

After paragraph (8) insert—

Sch 6 para 160(10)

In the heading, for “Monopolies Commission” substitute “ Competition and Markets Authority ”.

Sch 6 para 161

In article 15A (references under article 15: time limits), in paragraphs (2) and (3), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 162
Sch 6 para 162(1)

Article 16 (reports on modification references) is amended as follows.

Sch 6 para 162(2)

In paragraph (1), for “Competition Commission” substitute “ CMA ”.

Sch 6 para 162(3)

In paragraph (1A)—

Sch 6 para 162(3)(a)

for “Competition Commission” substitute “ CMA ”, and

Sch 6 para 162(3)(b)

for the words from “in connection with” to the end substitute “ by the chair of the CMA for the purpose of carrying out the functions of the CMA with respect to the reference ”.

Sch 6 para 162(4)

In paragraphs (1B), (3) to (3C) and (4), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 163

In article 17 (modification following report), in paragraphs (1) and (5A), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 164
Sch 6 para 164(1)

Article 17A (power to veto modifications following report) is amended as follows.

Sch 6 para 164(2)

In paragraph (1), for the words from the beginning to “Commission”)” substitute “ The CMA ”.

Sch 6 para 164(3)

In paragraphs (2) to (10), (13) to (15), (17) and (19), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 164(4)

In the heading, for “Competition Commission's” substitute “CMA's”.

Sch 6 para 165

In article 18 (modification by order under other statutory provisions), in paragraph (1), for “Office of Fair Trading, the Competition Commission” substitute “ CMA ”.

Sch 6 para 166
Sch 6 para 166(1)

Article 32 (annual and other reports) is amended as follows.

Sch 6 para 166(2)

In paragraph (1)(a)(ii), for “Monopolies Commission's” substitute “CMA's”.

Sch 6 para 166(3)

Omit paragraph (6).

Energy (Northern Ireland) Order 2003 (SI 2003/419 (N.I. 6))

Sch 6 para 167

The Energy (Northern Ireland) Order 2003 is amended as follows.

Sch 6 para 168
Sch 6 para 168(1)

Article 6 (annual and other reports of the Authority) is amended as follows.

Sch 6 para 168(2)

In paragraph (1)(b), for “Competition Commission” substitute “ Competition and Markets Authority ”.

Sch 6 para 168(3)

Omit paragraph (10).

Sch 6 para 169

In article 38 (modification of licences), in paragraphs (1) and (2), for “, the Office of Fair Trading or the Competition Commission” (in each place where those words occur) substitute “ or the Competition and Markets Authority ”.

Sch 6 para 170
Sch 6 para 170(1)

Schedule 2 (orders altering licensable activities) is amended as follows.

Sch 6 para 170(2)

In paragraph 1, after sub-paragraph (3), insert—

Sch 6 para 170(3)

In paragraph 2—

Sch 6 para 170(3)(a)

in sub-paragraph (4), for “Competition Commission” substitute “ CMA ”, and

Sch 6 para 170(3)(b)

in sub-paragraphs (5) and (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 170(4)

In the italic cross-heading preceding paragraph 3, for “Competition Commission” substitute “ CMA ”.

Sch 6 para 170(5)

In paragraph 3—

Sch 6 para 170(5)(a)

in sub-paragraph (1)—

Sch 6 para 170(5)(a)(i)

for “Competition Commission” substitute “ CMA ”, and

Sch 6 para 170(5)(a)(ii)

for “the Commission” substitute “ the CMA ”,

Sch 6 para 170(5)(b)

in sub-paragraphs (2), (3), (5) and (6), for “Commission” (in each place where it occurs) substitute “ CMA ”, and

Sch 6 para 170(5)(c)

after sub-paragraph (6), insert—

Sch 6 para 170(6)

In paragraph 4—

Sch 6 para 170(6)(a)

in sub-paragraph (2), for “Competition Commission” substitute “ CMA ”, and

Sch 6 para 170(6)(b)

in sub-paragraph (3), for “Commission” substitute “ CMA ”.

Sch 6 para 170(7)

In paragraph 5, in sub-paragraph (4)—

Sch 6 para 170(7)(a)

for “Competition Commission” substitute “ CMA ”, and

Sch 6 para 170(7)(b)

for the words from “the words” to the end, substitute “ for the words “, OFCOM or the Secretary of State” there were substituted “or OFCOM” ”.

Sch 6 para 170(8)

In paragraph 6—

Sch 6 para 170(8)(a)

in sub-paragraph (1), for “Competition Commission” substitute “ CMA ”,

Sch 6 para 170(8)(b)

in sub-paragraphs (2) and (3), for “Commission” (in each place where it occurs) substitute “ CMA ”,

Sch 6 para 170(8)(c)

in sub-paragraph (4)—

Sch 6 para 170(8)(c)(i)

for “Commission” substitute “ CMA ”, and

Sch 6 para 170(8)(c)(ii)

for the words from “in connection with” to the end substitute “ by the chair of the CMA for the purpose of carrying out the functions of the CMA with respect to the reference ”, and

Sch 6 para 170(8)(d)

in sub-paragraphs (5) to (9) and (11), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Water Services etc (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 (SI 2005/3172)

Sch 6 para 171

The Water Services etc (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 is amended as follows.

Sch 6 para 172

In article 2 (interpretation), in paragraph (1), for the definition of “the Commission” substitute—.

Sch 6 para 173
Sch 6 para 173(1)

Article 3 (references) is amended as follows.

Sch 6 para 173(2)

In paragraphs (1), (5) to (9), and (11) and (12), for “Commission” substitute “ CMA ”.

Sch 6 para 173(3)

After paragraph (12) insert—

Sch 6 para 173(4)

In the heading, for “Commission” substitute “ CMA ”.

Sch 6 para 174

In article 4 (references: time limits), in paragraphs (2) and (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 175

In article 5 (references: powers of investigation), in paragraph (4)(a), for paragraph (i) substitute—.

Sch 6 para 176
Sch 6 para 176(1)

Article 6 (consultation on proposals) is amended as follows.

Sch 6 para 176(2)

In paragraphs (1) to (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 176(3)

In the heading, for “Commission” substitute “ CMA ”.

Sch 6 para 177
Sch 6 para 177(1)

Article 7 (reports on references) is amended as follows.

Sch 6 para 177(2)

In paragraphs (1) to (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 177(3)

In paragraph (6)—

Sch 6 para 177(3)(a)

for “Commission” substitute “ CMA ”, and

Sch 6 para 177(3)(b)

for the words from “constituted,” to the end substitute “ constituted by the chair of the CMA for the purpose of carrying out the functions of the CMA with respect to the reference ”.

Sch 6 para 177(4)

In paragraphs (7) and (8), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 177(5)

In paragraph (10), for “Commission's” substitute “CMA's”.

Sch 6 para 177(6)

In paragraph (12), for “Commission” substitute “ CMA ”.

Sch 6 para 178
Sch 6 para 178(1)

Article 8 (modifications following report) is amended as follows.

Sch 6 para 178(2)

In paragraph (1), for “Commission” substitute “ CMA ”.

Sch 6 para 178(3)

In paragraph (2)—

Sch 6 para 178(3)(a)

for “Commission” substitute “ CMA ”, and

Sch 6 para 178(3)(b)

for “Commission's” substitute “CMA's”.

Sch 6 para 178(4)

In paragraph (3), for “Commission's” substitute “CMA's”.

Sch 6 para 178(5)

In paragraph (6), for “Commission” substitute “ CMA ”.

Sch 6 para 179
Sch 6 para 179(1)

Article 9 (power of veto following report) is amended as follows.

Sch 6 para 179(2)

In paragraphs (1) to (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 179(3)

In paragraph (4)—

Sch 6 para 179(3)(a)

for “Commission” (in each place where it occurs) substitute “ CMA ”, and

Sch 6 para 179(3)(b)

for “Commission's” (in each place where it occurs) substitute “CMA's”.

Sch 6 para 179(4)

In paragraphs (5) to (8), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 179(5)

In the heading, for “Commission's” substitute “CMA's”.

Sch 6 para 180
Sch 6 para 180(1)

Article 10 (article 9: supplementary) is amended as follows.

Sch 6 para 180(2)

In paragraphs (2), (3) and (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 180(3)

In paragraph (6)(a), for paragraph (i) substitute—.

Water and Sewerage Services (Northern Ireland) Order 2006 (SI 2006/3336 N.I. 21))

Sch 6 para 181

The Water and Sewerage Services (Northern Ireland) Order 2006 is amended as follows.

Sch 6 para 182

In article 2 (interpretation), in paragraph (2)—

Sch 6 para 182(a)

after the definition of “the Authority”, insert—“ “the CMA” means the Competition and Markets Authority;”, and

Sch 6 para 182(b)

omit the definition of “the OFT”.

Sch 6 para 183
Sch 6 para 183(1)

Article 19 (determinations under conditions of appointment) is amended as follows.

Sch 6 para 183(2)

In paragraph (2)—

Sch 6 para 183(2)(a)

for “Competition Commission” substitute “ CMA ”, and

Sch 6 para 183(2)(b)

for “the Commission” substitute “ the CMA ”.

Sch 6 para 183(3)

In paragraph (3)—

Sch 6 para 183(3)(a)

for “Competition Commission” substitute “ CMA ”, and

Sch 6 para 183(3)(b)

for “that Commission” (in each place where it occurs) substitute “ the CMA ”.

Sch 6 para 183(4)

In paragraph (4)—

Sch 6 para 183(4)(a)

for “Competition Commission” substitute “ CMA ”, and

Sch 6 para 183(4)(b)

for “the Commission” (in each place where it occurs) substitute “ the CMA ”.

Sch 6 para 183(5)

In paragraph (5), for “Competition Commission” substitute “ CMA ”.

Sch 6 para 183(6)

In paragraph (6)—

Sch 6 para 183(6)(a)

for “Competition Commission” substitute “ CMA ”, and

Sch 6 para 183(6)(b)

for “the Commission” substitute “ the CMA ”.

Sch 6 para 183(7)

After paragraph (6) insert—

Sch 6 para 184
Sch 6 para 184(1)

Article 21 (modification references) is amended as follows.

Sch 6 para 184(2)

In paragraph (1)—

Sch 6 para 184(2)(a)

for “Competition Commission” substitute “ CMA ”, and

Sch 6 para 184(2)(b)

for “the Commission” substitute “ the CMA ”.

Sch 6 para 184(3)

In paragraph (2)—

Sch 6 para 184(3)(a)

for “Competition Commission” substitute “ CMA ”, and

Sch 6 para 184(3)(b)

for “the Commission” substitute “ the CMA ”.

Sch 6 para 184(4)

In paragraph (3), for “Competition Commission” substitute “ CMA ”.

Sch 6 para 184(5)

In paragraph (5)—

Sch 6 para 184(5)(a)

for “Competition Commission” substitute “ CMA ”, and

Sch 6 para 184(5)(b)

for “the Commission” (in each place where it occurs) substitute “ the CMA ”.

Sch 6 para 184(6)

In paragraph (6), for “Competition Commission” substitute “ CMA ”.

Sch 6 para 184(7)

After paragraph (6) insert—

Sch 6 para 184(8)

In the heading, for “Competition Commission” substitute “ CMA ”.

Sch 6 para 185

In article 22 (references under article 21: time limits), in paragraphs (2) and (3), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 186
Sch 6 para 186(1)

Article 24 (reports on modification references) is amended as follows.

Sch 6 para 186(2)

In paragraph (1), for “Competition Commission” substitute “ CMA ”.

Sch 6 para 186(3)

In paragraph (2)—

Sch 6 para 186(3)(a)

for “Competition Commission” substitute “ CMA ”, and

Sch 6 para 186(3)(b)

for the words from “in connection with” to the end, substitute “ by the chair of the CMA for the purpose of carrying out the functions of the CMA with respect to the reference in question ”.

Sch 6 para 186(4)

In paragraphs (3) to (5), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 186(5)

In paragraphs (6) and (7), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 186(6)

In paragraph (9), for “Competition Commission” substitute “ CMA ”.

Sch 6 para 187

In article 25 (modifications following report), in paragraphs (1) and (5), for “Competition Commission” substitute “ CMA ”.

Sch 6 para 188
Sch 6 para 188(1)

Article 26 (power of veto following report) is amended as follows.

Sch 6 para 188(2)

In paragraph (1), for “Competition Commission” substitute “ CMA ”.

Sch 6 para 188(3)

In paragraphs (2) to (9), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 188(4)

In the heading, for “Commission's” substitute “CMA's”.

Sch 6 para 189
Sch 6 para 189(1)

Article 27 (power of veto following report: supplementary) is amended as follows.

Sch 6 para 189(2)

In paragraph (2), for “Competition Commission” substitute “ CMA ”.

Sch 6 para 189(3)

In paragraphs (3), (4), (6) and (8), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 189(4)

In the heading, for “Commission's” substitute “CMA's”.

Sch 6 para 190

In article 28 (modification by order under other statutory provisions), in paragraph (1)—

Sch 6 para 190(a)

for “OFT, the Competition Commission” substitute “ CMA ”, and

Sch 6 para 190(b)

for “OFT, the Commission” substitute “ CMA ”.

Sch 6 para 191

In article 57 (restrictions on disclosure of information), in sub-paragraph (7), for “Competition Commission” substitute “ CMA ”.

Sch 6 para 192

The Legal Services (Scotland) Act 2010 is amended as follows.

Sch 6 para 193

In section 8 (pre-approval consideration), in subsection (1)(b), for “OFT” substitute “ CMA ”.

Sch 6 para 194

In section 15 (initial considerations), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 195

In section 28 (communicating outside), in subsection (1)(e), for “OFT” substitute “ CMA ”.

Sch 6 para 196

In section 49 (majority ownership), in subsection (5)(b)(iii), for “OFT” substitute “ CMA ”.

Sch 6 para 197
Sch 6 para 197(1)

Section 76 (input) is amended as follows.

Sch 6 para 197(2)

In subsections (1) to (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 197(3)

In the heading, for “OFT” substitute “ CMA ”.

Sch 6 para 198

In section 92 (certification of bodies), in subsections (4) and (5), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 199

In section 103 (certification of bodies), in subsections (4) and (5), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 200
Sch 6 para 200(1)

Section 113 (regard to input) is amended as follows.

Sch 6 para 200(2)

In subsections (1) to (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 200(3)

In the heading, for “OFT” substitute “ CMA ”.

Sch 6 para 201

In section 122 (particular rules), in subsection (2), for “OFT” substitute “ CMA ”.

Sch 6 para 202

In section 125 (citizens advice bodies), in subsection (4)(b), for “OFT” substitute “ CMA ”.

Sch 6 para 203

In section 147 (further modification), in subsection (3)(d), for “OFT” substitute “ CMA ”.

Sch 6 para 204
Sch 6 para 204(1)

In section 149 (definitions), in subsection (1)—

Sch 6 para 204(1)(a)

after the definition of “the 2007 Act” insert—

Sch 6 para 204(1)(b)

omit the definition of “OFT”.

Sch 6 para 205

In schedule 2 (directions), in paragraph 4, in sub-paragraph (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Sch 6 para 206

In schedule 5 (amendment of authorisation), in paragraph 4, in sub-paragraph (2)(b)(i), for “OFT” substitute “ CMA ”.

Sch 6 para 207

In schedule 6 (rescission of authorisation), in paragraph 4, in sub-paragraph (2)(b)(i), for “OFT” substitute “ CMA ”.

Sch 6 para 208

In schedule 7 (surrender of authorisation), in paragraph 3, in sub-paragraph (1)(a)(ii), for “OFT” substitute “ CMA ”.

Sch 6 para 209

In schedule 9 (index of expressions used), in the first table, in the column headed “Whole Act expressions”—

Sch 6 para 209(a)

after the reference to “advocate”, insert a reference to “ CMA ”;

Sch 6 para 209(b)

omit the reference to “OFT”.

Sch 7

Mergers: interim measures

Interim measures following references under section 22 or 33

Sch 7 para 1

Part 3 of the 2002 Act (mergers) is amended as follows.

Sch 7 para 2
Sch 7 para 2(1)

Section 80 (interim undertakings) is amended as follows.

Sch 7 para 2(2)

In subsection (1), for “Subsections (2) and (3)” substitute “ Subsections (2) and (2A) ”.

Sch 7 para 2(3)

After subsection (2) insert—

Sch 7 para 2(4)

After subsection (2A) insert—

Sch 7 para 2(5)

Omit subsections (3) and (4).

Sch 7 para 2(6)

In subsection (5), for “Any other undertaking” substitute “ An undertaking ”.

Sch 7 para 2(7)

Omit subsection (6).

Sch 7 para 3
Sch 7 para 3(1)

Section 81 (interim orders) is amended as follows.

Sch 7 para 3(2)

In subsection (1) for “Subsections (2) and (3)” substitute “ Subsections (2) and (2A) ”.

Sch 7 para 3(3)

After subsection (2) insert—

Sch 7 para 3(4)

After subsection (2A) insert—

Sch 7 para 3(5)

Omit subsections (3) and (4).

Sch 7 para 3(6)

In subsection (5), for “Any other order” substitute “ An order ”.

Sch 7 para 3(7)

Omit subsection (6).

Interim measures: public interest and special interest cases

Sch 7 para 4
Sch 7 para 4(1)

Schedule 7 (enforcement regime for public interest and special public interest cases) is amended as follows.

Sch 7 para 4(2)

Omit paragraph 1 (interim undertakings).

Sch 7 para 4(3)

In paragraph 2 (interim orders), after sub-paragraph (2) insert—

Sch 7 para 4(4)

In that paragraph, after sub-paragraph (2B) insert—

Sch 7 para 4(5)

In that paragraph, in sub-paragraph (4)—

Sch 7 para 4(5)(a)

omit “or the OFT”,

Sch 7 para 4(5)(b)

for “by the OFT” substitute “ by the CMA ”, and

Sch 7 para 4(5)(c)

omit “or (as the case may be) the OFT”.

Sch 7 para 4(6)

In that paragraph, in sub-paragraph (8), omit “1 or”.

Sch 7 para 4(7)

In that paragraph, in sub-paragraph (10), for the words from “the order” to the end of the sub-paragraph substitute

Sch 7 para 4(8)

In that paragraph, after sub-paragraph (11) insert—

Interim measures: duration of interim orders under section 72

Sch 7 para 5
Sch 7 para 5(1)

Section 72 (initial enforcement orders: completed mergers) is amended as follows.

Sch 7 para 5(2)

Omit subsection (5).

Sch 7 para 5(3)

In subsection (6)—

Sch 7 para 5(3)(a)

in the words before paragraph (a), omit “section 81 or”, and

Sch 7 para 5(3)(b)

in paragraph (a), for the words from “at the end of” to the end of the paragraph substitute.

Sch 8

Mergers: time-limits

Sch 8 para 1

Part 3 of the 2002 Act (mergers) is amended as follows.

Sch 8 para 2

In section 22 (duty to make references in relation to completed mergers), in subsection (3)—

Sch 8 para 2(a)

before paragraph (a) insert—, and

Sch 8 para 2(b)

in paragraph (a) omit “or 96(3)”.

Sch 8 para 3

In section 33 (duty to make references in relation to anticipated mergers), in subsection (3)—

Sch 8 para 3(a)

before paragraph (a) insert—, and

Sch 8 para 3(b)

in paragraph (a) omit “or 96(3)”.

Sch 8 para 4

After section 34 insert—

Sch 8 para 5
Sch 8 para 5(1)

Section 39 (time-limits for investigations and reports) is amended as follows.

Sch 8 para 5(2)

In subsection (5) for “subsection (4)” substitute “ this section ”.

Sch 8 para 5(3)

After subsection (8) insert—

Sch 8 para 6

After section 41 (duty to remedy effects of completed or anticipated mergers) insert—

Sch 8 para 7

After section 73 (undertakings in lieu of references under section 22 or 33) insert—

Sch 8 para 8
Sch 8 para 8(1)

Section 96 (merger notices) is amended as follows.

Sch 8 para 8(2)

In subsection (1), for the words from “of proposed arrangements” to the end of the subsection substitute “ of arrangements or proposed arrangements which might have resulted or might result in the creation of a relevant merger situation. ”

Sch 8 para 8(3)

In subsection (2) after paragraph (a) (and before the “and” immediately following it) insert—.

Sch 8 para 8(4)

After subsection (2) insert—

Sch 8 para 8(5)

Omit subsections (3) and (4).

Sch 8 para 9

Sections 97 and 98 (period for considering merger notices) are omitted.

Sch 8 para 10
Sch 8 para 10(1)

Section 99 (certain functions in relation to merger notices) is amended as follows.

Sch 8 para 10(2)

In subsection (1), for “the period for considering any merger notice begins” substitute “ the initial period (within the meaning of section 34ZA) begins in relation to the merger notice ”.

Sch 8 para 10(3)

In subsection (5), for “the period for considering any merger notice” substitute “ the initial period (within the meaning of section 34ZA) in relation to a merger notice ”.

Sch 8 para 11
Sch 8 para 11(1)

Section 100 (exceptions to protection given by merger notices) is amended as follows.

Sch 8 para 11(2)

In subsection (1)—

Sch 8 para 11(2)(a)

in the words before paragraph (a), for “Section 96(3) does not” substitute “ Sections 22(3)(za) and 33(3)(za) do not ”,

Sch 8 para 11(2)(b)

in those words, for “to the Commission” substitute “ under section 22 or (as the case may be) 33 ”,

Sch 8 para 11(2)(c)

in paragraph (a), for “the period for considering the merger notice” substitute “ the initial period (within the meaning of section 34ZA) in relation to the merger notice ”,

Sch 8 para 11(2)(d)

omit paragraph (b),

Sch 8 para 11(2)(e)

in paragraph (c), omit the words from “by such time” to the end of the paragraph, and

Sch 8 para 11(2)(f)

in paragraph (e), for “the period for considering the merger notice” substitute “ the initial period (within the meaning of section 34ZA) in relation to the merger notice ”.

Sch 8 para 11(3)

In subsection (2)—

Sch 8 para 11(3)(a)

in paragraph (a), for “section 22, 33 or 45” substitute “ section 22 or 33 ”, and

Sch 8 para 11(3)(b)

in paragraph (b), for “section 96(3) does not” substitute “ sections 22(3)(za) and 33(3)(za) do not ”.

Sch 8 para 11(4)

In subsection (3), for “Section 96(3) does not” substitute “ Sections 22(3)(za) and 33(3)(za) do not ”.

Sch 8 para 12
Sch 8 para 12(1)

Section 101 (merger notices: regulations) is amended as follows.

Sch 8 para 12(2)

In subsection (2), in paragraph (a), omit “section 97(1), (2), (3) or (4) or”.

Sch 8 para 12(3)

In that subsection, omit paragraphs (c) to (f).

Sch 8 para 13
Sch 8 para 13(1)

Section 124 (order and regulations under Part 3) is amended as follows.

Sch 8 para 13(2)

In subsection (4)—

Sch 8 para 13(2)(a)

after “section” insert “ 34ZC(6), ”,

Sch 8 para 13(2)(b)

after “40(8),” insert “ 41B(6), ”, and

Sch 8 para 13(2)(c)

after “68,” insert “ , 73B(6), ”.

Sch 8 para 13(3)

In subsection (5)—

Sch 8 para 13(3)(a)

after “67(7)),” insert “ 34ZC(6), ”,

Sch 8 para 13(3)(b)

after “40(8),” insert “ 41B(6), ”, and

Sch 8 para 13(3)(c)

after “65(3)),” insert “ 73B(6), ”.

Sch 9

Markets: cross-market references

Sch 9 para 1

Part 4 of the 2002 Act (market investigations) is amended as follows.

Sch 9 para 2
Sch 9 para 2(1)

Section 133 (contents of references) is amended as follows.

Sch 9 para 2(2)

In subsection (1)—

Sch 9 para 2(2)(a)

omit the “and” following paragraph (b),

Sch 9 para 2(2)(b)

in paragraph (c), at the beginning insert “ in the case of an ordinary reference, ”, and

Sch 9 para 2(2)(c)

after paragraph (c) insert

Sch 9 para 2(3)

In subsection (2)—

Sch 9 para 2(3)(a)

in paragraph (a), after “a supply” insert “ or, in the case of a cross-market reference, supplies ”, and

Sch 9 para 2(3)(b)

in paragraph (b), after “an acquisition” insert “ or, in the case of a cross-market reference, acquisitions ”.

Sch 9 para 3
Sch 9 para 3(1)

Section 134 (questions to be decided on market investigation references) is amended as follows.

Sch 9 para 3(2)

In subsection (1), for “a market investigation” substitute “ an ordinary ”.

Sch 9 para 3(3)

After subsection (1) insert—

Sch 9 para 3(4)

In subsection (2), for “a market investigation” substitute “ an ordinary ”.

Sch 9 para 3(5)

After subsection (2) insert—

Sch 9 para 3(6)

In subsection (5)(a), after “the market” insert “ or markets ”.

Sch 9 para 3(7)

In subsection (7), after “the market” insert “ or markets ”.

Sch 9 para 3(8)

In subsection (8)(a)(i), after “the market” insert “ or markets ”.

Sch 9 para 4

In section 138 (duty to remedy adverse effects), in subsection (5), after “the market” insert “ or markets ”.

Sch 9 para 5
Sch 9 para 5(1)

Section 141 (questions to be decided where intervention notice under section 139(1) is in force) is amended as follows.

Sch 9 para 5(2)

In subsection (2), after “shall” insert “ , on an ordinary reference, ”.

Sch 9 para 5(3)

After subsection (2) insert—

Sch 9 para 5(4)

In subsection (6), after “the market” insert “ or markets ”.

Sch 9 para 6

In section 147 (remedial action by the Secretary of State), in subsection (5), after “the market” insert “ or markets ”.

Sch 9 para 7

In section 154 (undertakings in lieu of references), in subsection (4), after “the market” insert “ or markets ”.

Sch 9 para 8
Sch 9 para 8(1)

Section 156 (effect of undertakings under section 154) is amended as follows.

Sch 9 para 8(2)

Before subsection (1) insert—

Sch 9 para 8(3)

In subsection (1)—

Sch 9 para 8(3)(a)

in the words before paragraph (a), for “market investigation” substitute “ ordinary ”,

Sch 9 para 8(3)(b)

in paragraph (a), after “has” insert “ , instead of making an ordinary reference, ”, and

Sch 9 para 8(3)(c)

in paragraph (b), for “the feature, or combination of features, relates” substitute “ the reference would relate ”.

Sch 9 para 8(4)

In subsection (2), for “Subsection (1) does” substitute “ Subsections (A1) and (1) do ”.

Sch 9 para 9
Sch 9 para 9(1)

Section 184 (index of defined expressions for Part 4) is amended as follows.

Sch 9 para 9(2)

In the second column of the entry for “Adverse effect on competition”, after “134(2)” insert “ and (2A) ”.

Sch 9 para 9(3)

After the entry in the table for “Consumer” insert—.

Sch 9 para 9(4)

Before the entry in the table for “Public interest consideration” insert—.

Sch 10

Markets: public interest interventions

Sch 10 para 1

Part 4 of the 2002 Act (market investigations) is amended as follows.

Sch 10 para 2
Sch 10 para 2(1)

Section 131 (power to make market investigation references) is amended as follows.

Sch 10 para 2(2)

In subsection (4)(b), after “132” insert “ or 140A(6) ”.

Sch 10 para 2(3)

In subsection (6), in the definition of “market investigation reference”, after “132” insert “ or 140A(6) ”.

Sch 10 para 3

In section 132 (ministerial power to make references), in subsection (4)—

Sch 10 para 3(a)

after “if” insert, and

Sch 10 para 3(b)

at the end insert

Sch 10 para 4

In section 135 (variation of references), in subsection (1), for “by it or (as the case may be) by him” substitute “ by it under section 131 or (as the case may be) by the appropriate Minister under section 132 ”.

Sch 10 para 5
Sch 10 para 5(1)

Section 140 (supplementary provision about intervention notices under section 139(1)) is amended as follows.

Sch 10 para 5(2)

In subsection (1)—

Sch 10 para 5(2)(a)

for paragraphs (a) and (b) substitute—

Sch 10 para 5(2)(b)

in paragraph (c), for “case” substitute “ matter ”.

Sch 10 para 5(3)

In subsection (2), for “case” (in the second place where it occurs) substitute “ matter ”.

Sch 10 para 5(4)

After subsection (4) insert—

Sch 10 para 5(5)

In subsection (5)—

Sch 10 para 5(5)(a)

before paragraph (a) insert—,

Sch 10 para 5(5)(b)

in paragraph (a), after “143(1) or (3)” insert “ or (as the case may be) 143A(2) or (3) ”,

Sch 10 para 5(5)(c)

in paragraph (c), after “143(1)” insert “ or (as the case may be) 143A(2) ”,

Sch 10 para 5(5)(d)

in paragraph (d), at the end insert “ or (as the case may be) fails to make and publish a decision under subsection (2) of section 146A within the period required by subsection (6) of that section ”,

Sch 10 para 5(5)(e)

in paragraph (e), at the end insert “ or (as the case may be) decides under section 146A(2) to make no finding at all in relation to the matter ”, and

Sch 10 para 5(5)(f)

in paragraph (f), after “147(2)” insert “ or (as the case may be) 147A(2) ”.

Sch 10 para 5(6)

In subsection (6)—

Sch 10 para 5(6)(a)

before paragraph (a) insert—,

Sch 10 para 5(6)(b)

in paragraph (a), after “(5)” insert “ (zc), ”, and

Sch 10 para 5(6)(c)

after paragraph (a) insert—.

Sch 10 para 5(7)

After subsection (6) insert—

Sch 10 para 5(8)

In subsection (7), after “147(2)” insert “ or (as the case may be) 147A(2) ”.

Sch 10 para 6

After section 140A (inserted by section 35) insert—

Sch 10 para 7
Sch 10 para 7(1)

Section 141 (questions to be decided where section 139(1) intervention notice is in force) is amended as follows.

Sch 10 para 7(2)

For subsection (1) substitute—

Sch 10 para 7(3)

For the heading, substitute “ Restricted PI references: questions to be decided by CMA ”.

Sch 10 para 8
Sch 10 para 8(1)

Section 142 (investigations and reports) is amended as follows.

Sch 10 para 8(2)

In subsection (1)—

Sch 10 para 8(2)(a)

for the words from the beginning to “the Commission” substitute “ Where the Secretary of State makes a restricted PI reference or a full PI reference, the CMA ”, and

Sch 10 para 8(2)(b)

after “section 143(1) or (3)” insert “ or (as the case may be) 143A(2) or (3) ”.

Sch 10 para 8(3)

In subsection (2)—

Sch 10 para 8(3)(a)

in paragraph (a), at the end insert “ or (as the case may be) 141A ”,

Sch 10 para 8(3)(b)

omit the “and” after paragraph (b), and

Sch 10 para 8(3)(c)

after paragraph (c) insert

Sch 10 para 8(4)

After subsection (2) insert—

Sch 10 para 9
Sch 10 para 9(1)

Section 143 (publication etc of reports) is amended as follows.

Sch 10 para 9(2)

Before subsection (1) insert—

Sch 10 para 9(3)

In subsection (1), in the words before paragraph (a), for “a report under section 142” substitute “ the report ”.

Sch 10 para 9(4)

Omit subsection (2).

Sch 10 para 9(5)

In subsection (3), for “a report under section 142” substitute “ the report ”.

Sch 10 para 9(6)

Omit subsections (5) to (8).

Sch 10 para 9(7)

For the heading substitute “ Restricted PI references: publication etc of reports of CMA ”.

Sch 10 para 10

After section 143 insert—

Sch 10 para 11
Sch 10 para 11(1)

Section 144 (time-limits for investigations and reports in public interest cases) is amended as follows.

Sch 10 para 11(2)

In subsection (1)—

Sch 10 para 11(2)(a)

for “the date of the reference” substitute “ the relevant date ”, and

Sch 10 para 11(2)(b)

for the words from “publish it” to the end substitute “ publish it under section 143(1) or 143A(2) or (as the case may be) give it to the Secretary of State in accordance with section 143(3) or 143A(3). ”

Sch 10 para 11(3)

After subsection (1) insert—

Sch 10 para 11(4)

In subsection (4), after “143(1) or (3)” insert “ or (as the case may be) 143A(2) or (3) ”.

Sch 10 para 12
Sch 10 para 12(1)

Section 145 (restrictions where public interest considerations not finalised: Part 4) is amended as follows.

Sch 10 para 12(2)

In subsection (2), after “143(3)” insert “ or (as the case may be) 143A(3) ”.

Sch 10 para 12(3)

In subsection (3), after “141(3)” insert “ or (as the case may be) 141A(4) and (5). ”

Sch 10 para 12(4)

In subsection (4), after “141(3)” insert “ or (as the case may be) 141A(4) and (5). ”

Sch 10 para 13
Sch 10 para 13(1)

Section 146 (decision of Secretary of State) is amended as follows.

Sch 10 para 13(2)

In subsection (1), in the words before paragraph (a), for “report of the Commission” substitute “ report of the CMA in relation to a restricted PI reference ”.

Sch 10 para 13(3)

In the heading, at the beginning, insert “ Restricted PI references: ”.

Sch 10 para 14

After section 146 insert—

Sch 10 para 15

In section 147 (remedial action by Secretary of State), in the heading, at the beginning, insert “ Restricted PI references: ”.

Sch 10 para 16

After section 147 insert—

Sch 10 para 17
Sch 10 para 17(1)

Section 148 (reversion of the matter) is amended as follows.

Sch 10 para 17(2)

Omit subsections (3) to (5).

Sch 10 para 17(3)

For the heading substitute “ Restricted PI references: reversion of the matter to CMA ”.

Sch 10 para 18

After section 148 insert—

Sch 10 para 19
Sch 10 para 19(1)

Section 149 (intervention notices under section 139(2)) is amended as follows.

Sch 10 para 19(2)

In subsection (1)(c), for “case” substitute “ proposal to accept the undertaking ”.

Sch 10 para 19(3)

In subsection (2), for “case” (in the second place where it occurs) substitute “ proposal to accept the undertaking ”.

Sch 10 para 20

In section 150 (power of veto of Secretary of State: undertakings in lieu), before subsection (1) insert—

Sch 10 para 21
Sch 10 para 21(1)

Section 151 (further interaction of intervention notices with general procedure) is amended as follows.

Sch 10 para 21(2)

For subsection (1) substitute—

Sch 10 para 21(3)

In subsection (2), for the words from “, the Commission” to the end substitute “ at a time after the Secretary of State has made a restricted PI reference or a full PI reference, the CMA shall proceed as if the reference concerned had instead been made under section 131 (in accordance with the requirements imposed by this Part). ”

Sch 10 para 21(4)

In subsection (4), for the words from “, the Commission shall” to the end substitute “ , the CMA shall proceed as if the restricted PI reference or (as the case may be) the full PI reference concerned had instead been made by the CMA under section 131 (in accordance with the requirements imposed by this Part). ”

Sch 10 para 21(5)

For the heading, substitute “ Public interest intervention cases: interaction with general procedure ”.

Sch 10 para 22

In section 152 (certain duties in relation to providing information), omit subsection (2).

Sch 10 para 23

In section 155 (undertakings in lieu: procedural requirements), in subsection (3)(a), at the end insert “ or (but for the effect of section 140A(3)) it would have had power to make and which it would otherwise have intended to make ”.

Sch 10 para 24
Sch 10 para 24(1)

Section 157 (interim undertakings: Part 4) is amended as follows.

Sch 10 para 24(2)

In subsection (1)(b), after “143(3)” insert “ or (as the case may be) 143A(3) ”.

Sch 10 para 24(3)

In subsection (6)—

Sch 10 para 24(3)(a)

in the definition of “pre-emptive action”, for “or (as the case may be) 147(2)” substitute “ , 147(2) or (as the case may be) 147A(2) ”, and

Sch 10 para 24(3)(b)

for the definition of “relevant authority” substitute—

Sch 10 para 25

In section 158 (interim orders: Part 4), in subsection (1)(b), after “143(3)” insert “ or (as the case may be) 143A(3) ”.

Sch 10 para 26

In section 159 (final undertakings: Part 4), in subsection (2), after “147” insert “ or (as the case may be) 147A ”.

Sch 10 para 27
Sch 10 para 27(1)

Section 160 (order-making power where final undertakings not fulfilled: Part 4) is amended as follows.

Sch 10 para 27(2)

In subsection (2), for “or (as the case may be) 147(2)” substitute “ , 147(2) or (as the case may be) 147A(2) ”.

Sch 10 para 27(3)

In subsection (3), for “or (as the case may be) 147” substitute “ or 147 or (as the case may be) subsections (3) and (4) of section 147A ”.

Sch 10 para 28

In section 161 (final orders: Part 4), in subsection (2), after “147” insert “ or (as the case may be) 147A ”.

Sch 10 para 29

In section 169 (certain duties of relevant authorities to consult: Part 4), in subsection (6)—

Sch 10 para 29(a)

in the definition of “relevant authority”, at the end insert “ or the Secretary of State ”,

Sch 10 para 29(b)

in the definition of “relevant decision”, in paragraph (b), after “appropriate Minister” (in the first place where it occurs) insert “ (other than the Secretary of State acting alone) ”, and

Sch 10 para 29(c)

also in that definition, after paragraph (b) insert—

Sch 10 para 30
Sch 10 para 30(1)

Section 172 (further publicity requirements: Part 4) is amended as follows.

Sch 10 para 30(2)

In subsection (1), in paragraph (a), after “section 131” insert “ , other than a reference treated as so made by virtue of section 140A(5)(b) ”.

Sch 10 para 30(3)

In subsection (2), omit paragraph (d).

Sch 10 para 30(4)

In subsection (3)—

Sch 10 para 30(4)(a)

after paragraph (d) insert—, and

Sch 10 para 30(4)(b)

in paragraph (e), after “147(2)” insert “ or (as the case may be) 147A(2) ”.

Sch 10 para 30(5)

In subsection (7), omit “or (2)(d)”.

Sch 10 para 30(6)

In subsection (7A) (inserted by Schedule 12), at the end insert “ or (3)(da) ”.

Sch 10 para 30(7)

In subsection (8), in paragraph (a), after “146(2)” insert “ or 146A(2) ”.

Sch 10 para 30(8)

In subsection (10), after “147(2)” insert “ or 147A(2) ”.

Sch 10 para 31

In section 177 (excisions from reports: Part 4), in subsection (5), omit “, 143(2) and (5) to (7), 148(3) to (5)”.

Sch 10 para 32
Sch 10 para 32(1)

Section 183 (interpretation: Part 4) is amended as follows.

Sch 10 para 32(2)

In subsection (3), in paragraph (a), for the words before sub-paragraph (i) substitute “ where the reference is made under section 131 or 132— ”.

Sch 10 para 32(3)

In that subsection, in paragraph (b)—

Sch 10 para 32(3)(a)

for the words before sub-paragraph (i) substitute “ where the reference is a restricted PI reference or a full PI reference— ”,

Sch 10 para 32(3)(b)

in sub-paragraph (i), after “143(1) or (3)” insert “ or (as the case may be) 143A(2) or (3) ”,

Sch 10 para 32(3)(c)

in sub-paragraph (ii), omit “(disregarding the fact that the notice was given)”,

Sch 10 para 32(3)(d)

in sub-paragraph (iii), after “143(1)” insert “ or (as the case may be) 143A(2) ”,

Sch 10 para 32(3)(e)

in sub-paragraph (iv), omit “(disregarding the fact that the notice was given)”,

Sch 10 para 32(3)(f)

for sub-paragraph (v) substitute—,

Sch 10 para 32(3)(g)

in sub-paragraph (vi), omit “(disregarding the fact that the notice was given)”,

Sch 10 para 32(3)(h)

after sub-paragraph (vi) insert—,

Sch 10 para 32(3)(i)

omit the “or” after sub-paragraph (vii),

Sch 10 para 32(3)(j)

after sub-paragraph (vii) insert—, and

Sch 10 para 32(3)(k)

after sub-paragraph (viii) insert

Sch 10 para 32(4)

In subsection (4)(c), after “(b)(viii)” insert “ or (ix) ”.

Sch 10 para 32(5)

In subsection (5), for “or (vi)” substitute “ , (vi) or (via) ”.

Sch 10 para 32(6)

In subsection (6), after “(b)(viii)” insert “ and (ix) ”.

Sch 10 para 33
Sch 10 para 33(1)

Section 184 (index of defined expressions in Part 4) is amended as follows.

Sch 10 para 33(2)

After the entry in the table for “Adverse effect on competition” insert—.

Sch 10 para 33(3)

After the entry in the table for “Final determination of market investigation reference” insert—.

Sch 10 para 33(4)

After the entry in the table for “Public interest consideration being finalised” insert—.

Sch 10 para 33(5)

Before the entry in the table for “subordinate legislation” insert—.

Sch 11

Markets: investigation powers

Enforcement of investigation powers

Sch 11 para 1

After section 174 of the 2002 Act insert—

Investigation powers: miscellaneous consequential amendments

Sch 11 para 2

Part 4 of the 2002 Act (market investigations) is amended as follows.

Sch 11 para 3

Omit section 175 (enforcement of powers under section 174: offences).

Sch 11 para 4

Omit section 176 (investigation powers of the Commission).

Sch 11 para 5

In section 179 (review of decisions under Part 4), in subsection (2)(a), for “section 110(1) or (3) as applied by section 176” substitute “ section 174A(1) or (3) ”.

Sch 11 para 6
Sch 11 para 6(1)

Section 181 (orders under Part 4) is amended as follows.

Sch 11 para 6(2)

In subsection (4), for the words from “or 161,” to “section 176” substitute “ , 161, 174D(4) or (5), or under section 114(3)(b) or (4)(b) as applied by section 174D ”.

Sch 11 para 6(3)

In subsection (10)—

Sch 11 para 6(3)(a)

omit “111(4) or (6) or”, and

Sch 11 para 6(3)(b)

for “176” substitute “ 174D ”.

Sch 12

Markets: time-limits

Market studies and decisions whether to make a reference under section 131

Sch 12 para 1

Before section 131 of the 2002 Act (power to make market investigation references) insert—

Sch 12 para 2

After section 131 of that Act insert—

Market investigations and reports

Sch 12 para 3
Sch 12 para 3(1)

Section 137 of the 2002 Act (time-limits for market investigations and reports) is amended as follows.

Sch 12 para 3(2)

In subsection (1), for “two years” substitute “ 18 months ”.

Sch 12 para 3(3)

After subsection (2) insert—

Sch 12 para 3(4)

For subsection (3) substitute—

Sch 12 para 3(5)

For subsection (4) substitute—

Remedies implementation

Sch 12 para 4

In section 138 of the 2002 Act (duty to remedy adverse effects), in subsection (2), after “shall,” insert “ within the period permitted by section 138A, ”.

Sch 12 para 5

After section 138 of that Act insert—

Time-limits: public interest intervention cases

Sch 12 para 6
Sch 12 para 6(1)

Section 144 of the 2002 Act (time-limits for investigations and reports in public interest intervention cases) is amended as follows.

Sch 12 para 6(2)

In subsection (1), for “two years” substitute “ 18 months ”.

Sch 12 para 6(3)

After subsection (1A) (inserted by Schedule 10) insert—

Sch 12 para 6(4)

In subsection (2)—

Sch 12 para 6(4)(a)

after “amend” insert,

Sch 12 para 6(4)(b)

for “two years” substitute “ 18 months ”, and

Sch 12 para 6(4)(c)

at the end insert

Sch 12 para 6(5)

In subsection (3)—

Sch 12 para 6(5)(a)

after “results in” insert,

Sch 12 para 6(5)(b)

for “two years” substitute “ 18 months ”, and

Sch 12 para 6(5)(c)

at the end insert

Time-limits: consequential and other minor amendments

Sch 12 para 7

Part 4 of the 2002 Act (market investigations) is amended as follows.

Sch 12 para 8

In the heading of that Part, at the beginning insert “ Market Studies and ”.

Sch 12 para 9

In the heading of Chapter 1, at the beginning insert “ Market Studies and ”.

Sch 12 para 10
Sch 12 para 10(1)

Section 132 (ministerial power to make references) is amended as follows.

Sch 12 para 10(2)

In subsection (1)—

Sch 12 para 10(2)(a)

after “services” insert, and

Sch 12 para 10(2)(b)

at the end insert

Sch 12 para 10(3)

In subsection (2)(b), for “to make such a reference” substitute “ to publish a market study notice in relation to the matter concerned ”.

Sch 12 para 11

In section 135 (variation of references), omit subsection (4).

Sch 12 para 12

In section 156 (effect of undertakings under section 154), after subsection (2) insert—

Sch 12 para 13

In section 169 (certain duties of relevant authorities to consult: Part 4), in subsection (6), in the definition of “relevant decision”—

Sch 12 para 13(a)

in paragraph (a), for sub-paragraph (i) substitute—, and

Sch 12 para 13(b)

in paragraph (b)(i), omit “as to whether”.

Sch 12 para 14
Sch 12 para 14(1)

Section 172 (further publicity requirements: Part 4) is amended as follows.

Sch 12 para 14(2)

In subsection (1), after paragraph (a) insert—.

Sch 12 para 14(3)

In subsection (2)—

Sch 12 para 14(3)(a)

before paragraph (a) insert—, and

Sch 12 para 14(3)(b)

after paragraph (b) insert—.

Sch 12 para 14(4)

After subsection (7) insert—

Sch 12 para 15

In section 179 (review of decisions under Part 4), in subsection (2), before paragraph (a) insert—.

Sch 12 para 16
Sch 12 para 16(1)

Section 181 (orders under Part 4) is amended as follows.

Sch 12 para 16(2)

In subsection (3), for “136(9), 137(3)” substitute “ 131C(1), 136(9), 137(3), 138B(6) ”.

Sch 12 para 16(3)

In subsection (4), for “137(3)” substitute “ 131C(1), 137(3), 138B(6) ”.

Sch 12 para 17

In section 184 (index of defined expressions in Part 4), after the entry in the table for “market investigation reference” insert—

Sch 13

Extension of powers to issue warrants under the 1998 Act to CAT

Sch 13 para 1

The 1998 Act is amended as follows.

Sch 13 para 2
Sch 13 para 2(1)

Section 28 (power to enter business premises under a warrant) is amended as follows.

Sch 13 para 2(2)

In subsection (1), for the words before paragraph (a) substitute “ On an application made to it by the CMA, the court or the Tribunal may issue a warrant if it is satisfied that— ”.

Sch 13 para 2(3)

In subsection (3), for “the judge” substitute “ the court or (as the case may be) the Tribunal ”.

Sch 13 para 2(4)

After subsection (7) insert—

Sch 13 para 3
Sch 13 para 3(1)

Section 28A (power to enter domestic premises under a warrant) is amended as follows.

Sch 13 para 3(2)

In subsection (1), for the words before paragraph (a) substitute “ On an application made to it by the CMA, the court or the Tribunal may issue a warrant if it is satisfied that— ”.

Sch 13 para 3(3)

In subsection (3), for “the judge” substitute “ the court or (as the case may be) the Tribunal ”.

Sch 13 para 3(4)

After subsection (8) insert—

Sch 13 para 4

In section 61 (interpretation of Part 2), after the definition of “the Treaty” insert—.

Sch 13 para 5
Sch 13 para 5(1)

Section 62 (power to enter business premises under a warrant: Article 20 inspections) is amended as follows.

Sch 13 para 5(2)

In subsection (1), for the words before paragraph (a) substitute “ On an application made to it by the CMA, the High Court or the Tribunal must issue a warrant if it is satisfied that— ”.

Sch 13 para 5(3)

After subsection (8) insert—

Sch 13 para 6
Sch 13 para 6(1)

Section 62A (power to enter non-business premises under a warrant: Article 21 inspections) is amended as follows.

Sch 13 para 6(2)

In subsection (1), for the words before paragraph (a) substitute “ On an application made to it by the CMA, the High Court or the Tribunal must issue a warrant if it is satisfied that— ”.

Sch 13 para 6(3)

After subsection (10) insert—

Sch 13 para 7
Sch 13 para 7(1)

Section 63 (power to enter business premises under a warrant: Article 22(2) inspections) is amended as follows.

Sch 13 para 7(2)

In subsection (1), for the words before paragraph (a) substitute “ On an application made to it by the CMA, the High Court or the Tribunal must issue a warrant if it is satisfied that— ”.

Sch 13 para 7(3)

After subsection (8) insert—

Sch 13 para 8

In section 65C (interpretation of Part 2A), in subsection (2), after the entry for “the Treaty” (but before the “and” following it) insert—.

Sch 13 para 9
Sch 13 para 9(1)

Section 65G (power to enter business premises under a warrant: Article 22(1) investigations) is amended as follows.

Sch 13 para 9(2)

In subsection (1), for the words before paragraph (a) substitute “ On an application made to it by the CMA, the court or the Tribunal may issue a warrant if it is satisfied that— ”.

Sch 13 para 9(3)

In subsection (3), for “the judge” substitute “ the court or (as the case may be) the Tribunal ”.

Sch 13 para 9(4)

After subsection (8) insert—

Sch 13 para 10
Sch 13 para 10(1)

Section 65H (power to enter domestic premises under a warrant: Article 22(1) investigations) is amended as follows.

Sch 13 para 10(2)

In subsection (1), for the words before paragraph (a) substitute “ On an application made to it by the CMA, the court or the Tribunal may issue a warrant if it is satisfied that— ”.

Sch 13 para 10(3)

In subsection (3), for “the judge” substitute “ the court or (as the case may be) the Tribunal ”.

Sch 13 para 10(4)

After subsection (8) insert—

Sch 14

Regulators: use of powers under the 1998 Act

Gas Act 1986 (c. 44)

Sch 14 para 1

The Gas Act 1986 is amended as follows.

Sch 14 para 2
Sch 14 para 2(1)

Section 28 (orders for securing compliance) is amended as follows.

Sch 14 para 2(2)

In subsections (1), (2) and (4), for “(5) and” (in each place where it occurs) substitute “ (4A) to ”.

Sch 14 para 2(3)

After subsection (4) insert—

Sch 14 para 2(4)

In subsection (5), omit paragraph (c) and the “or” preceding it.

Sch 14 para 2(5)

In subsection (6)—

Sch 14 para 2(5)(a)

in the words before paragraph (a), after “the Authority” insert “ decides that it would be more appropriate to proceed under the Competition Act 1998 or ”, and

Sch 14 para 2(5)(b)

in paragraph (a), after “that it” insert “ has so decided or ”.

Sch 14 para 3

In section 30A (penalties), for subsection (2) substitute—

Electricity Act 1989 (c. 29)

Sch 14 para 4

The Electricity Act 1989 is amended as follows.

Sch 14 para 5
Sch 14 para 5(1)

Section 25 (orders for securing compliance) is amended as follows.

Sch 14 para 5(2)

In subsections (1), (2) and (4), for “(5) and” (in each place where it occurs) substitute “ (4A) to ”.

Sch 14 para 5(3)

After subsection (4) insert—

Sch 14 para 5(4)

In subsection (5), omit paragraph (d) and the “or” preceding it.

Sch 14 para 5(5)

In subsection (6)—

Sch 14 para 5(5)(a)

in the words before paragraph (a), after “the Authority” insert “ decides that it would be more appropriate to proceed under the Competition Act 1998 or ”, and

Sch 14 para 5(5)(b)

in paragraph (a), after “that it” insert “ has so decided or ”.

Sch 14 para 6

In section 27A (penalties), for subsection (2) substitute—

Sch 14 para 7

In section 43 (functions with respect to competition), in subsection (6), for the words from the beginning to “(3) above” substitute “ If any question arises as to whether subsection (2) or (3) above applies to any particular case ”.

Water Industry Act 1991 (c. 56)

Sch 14 para 8

The Water Industry Act 1991 is amended as follows.

Sch 14 para 9
Sch 14 para 9(1)

Section 19 (exception to duty to enforce) is amended as follows.

Sch 14 para 9(2)

For subsection (1A) substitute—

Sch 14 para 9(3)

In subsection (3)—

Sch 14 para 9(3)(a)

in the words before paragraph (a), for “is satisfied as mentioned in subsection (1A) above” substitute “ has decided that it would be more appropriate to proceed under the Competition Act 1998 ”, and

Sch 14 para 9(3)(b)

in paragraph (a), after “satisfied” insert “ or has so decided ”.

Sch 14 para 10

In section 22A (penalties), for subsection (13) substitute—

Railways Act 1993 (c. 43)

Sch 14 para 11

The Railways Act 1993 is amended as follows.

Sch 14 para 12
Sch 14 para 12(1)

Section 55 (orders for securing compliance) is amended as follows.

Sch 14 para 12(2)

For subsection (5A) substitute—

Sch 14 para 12(3)

In subsection (5D)(b), for “(5A)” substitute “ (5AA) ”.

Sch 14 para 13

In section 57A (penalties), for subsection (6) substitute—

Sch 14 para 14

In section 67 (functions of the Office of Rail Regulation with respect to competition), in subsection (8), for the words from the beginning to “(3) above” substitute “ If any question arises as to whether subsection (2) or (3) above applies to any particular case ”.

Transport Act 2000 (c. 38)

Sch 14 para 15
Sch 14 para 15(1)

Section 21 of the Transport Act 2000 (exceptions to duties to secure compliance) is amended as follows.

Sch 14 para 15(2)

In subsection (1), omit paragraph (b) and the “or” preceding it.

Sch 14 para 15(3)

After subsection (5) insert—

Communications Act 2003 (c. 21)

Sch 14 para 16

The Communications Act 2003 is amended as follows.

Sch 14 para 17

In section 94 (notification of contravention of SMP apparatus conditions), for subsection (10) substitute—

Sch 14 para 18

In section 96A (notification of contravention of condition other than SMP apparatus condition), for subsection (5) substitute—

Postal Services Act 2011 (c. 5)

Sch 14 para 19

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)

Sch 14 para 20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 14 para 21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 14 para 22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1))

Sch 14 para 23

In article 46 of the Electricity (Northern Ireland) Order 1992, in paragraph (6), for the words from the beginning to “(2A) or (3)” substitute “ If any question arises as to whether paragraph (2) or (3) applies to any particular case ”.

The Energy (Northern Ireland) Order 2003 (S.I. 2003/419 (N.I. 6))

Sch 14 para 24

The Energy (Northern Ireland) Order 2003 is amended as follows.

Sch 14 para 25
Sch 14 para 25(1)

Article 42 (orders for securing compliance) is amended as follows.

Sch 14 para 25(2)

In paragraph (1), for “, (5) and” substitute “ and (5) to ”.

Sch 14 para 25(3)

In paragraphs (2) and (4), for “(5) and” substitute “ (5) to ”.

Sch 14 para 25(4)

In paragraph (5), omit sub-paragraph (b) and the “or” preceding it.

Sch 14 para 25(5)

After that paragraph insert—

Sch 14 para 25(6)

In paragraph (7)—

Sch 14 para 25(6)(a)

in the words before sub-paragraph (a), after “(6)” insert “ or decides that it would be more appropriate to proceed under the Competition Act 1998 ”, and

Sch 14 para 25(6)(b)

in sub-paragraph (a), after “satisfied” insert “ or has so decided ”.

Sch 14 para 26

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))

Sch 14 para 27

The Water and Sewerage Services (Northern Ireland) Order 2006 is amended as follows.

Sch 14 para 28
Sch 14 para 28(1)

Article 31 (exceptions to duty to enforce) is amended as follows.

Sch 14 para 28(2)

In paragraph (1), omit sub-paragraph (d) and the “or” preceding it.

Sch 14 para 28(3)

After that paragraph insert—

Sch 14 para 28(4)

In paragraph (3)—

Sch 14 para 28(4)(a)

in the words before sub-paragraph (a)—

Sch 14 para 28(4)(a)(i)

for “, (c) or (d)” substitute “ or (c) ”, and

Sch 14 para 28(4)(a)(ii)

after “paragraph (1)” insert “ or decides that it would be more appropriate to proceed under the Competition Act 1998 ”, and

Sch 14 para 28(4)(b)

in sub-paragraph (a), after “so satisfied” insert “ or has so decided ”.

Sch 14 para 29

In article 35 (financial penalties), for paragraph (11) substitute—

Sch 15

Minor and consequential amendments: Part 4

Civil Aviation Act 1982 (c. 16)

Sch 15 para 1

In Schedule 1 to the Civil Aviation Act 1982 (constitution etc. of the Authority), in paragraph 15—

Sch 15 para 1(a)

the existing text becomes sub-paragraph (1), and

Sch 15 para 1(b)

after that sub-paragraph insert—

Gas Act 1986 (c. 44)

Sch 15 para 2

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)

Sch 15 para 3

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)

Sch 15 para 4

The Water Industry Act 1991 is amended as follows.

Sch 15 para 5

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) ”.

Sch 15 para 6

In Schedule 1A (constitution etc. of the Authority), in paragraph 10, after sub-paragraph (2) insert—

Railways Act 1993 (c. 43)

Sch 15 para 7

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)

Sch 15 para 8

The Competition Act 1998 is amended as follows.

Sch 15 para 9

In section 26 (powers when conducting investigations), in subsection (3)(b), for “42 to” substitute “ 43 and ”.

Sch 15 para 10

In section 38 (guidance on level of penalties), in subsection (9), for “an appeal tribunal” substitute “ the Tribunal ”.

Sch 15 para 11

In section 54 (regulators), in subsection (1)—

Sch 15 para 11(a)

omit paragraph (c), and

Sch 15 para 11(b)

for paragraph (f) substitute—.

Sch 15 para 12
Sch 15 para 12(1)

Schedule 1 (exclusions: mergers and concentrations) is amended as follows.

Sch 15 para 12(2)

In paragraph 5—

Sch 15 para 12(2)(a)

omit “to the Competition Commission” (in each place where it occurs), and

Sch 15 para 12(2)(b)

for “the Commission” (in each place where it occurs) substitute “ the CMA ”.

Utilities Act 2000 (c. 27)

Sch 15 para 13

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)

Sch 15 para 14

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)

Sch 15 para 15

The Enterprise Act 2002 is amended as follows.

Sch 15 para 16
Sch 15 para 16(1)

Section 25 (extension of time-limits) is amended as follows.

Sch 15 para 16(2)

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 ”.

Sch 15 para 16(3)

For subsection (3) substitute—

Sch 15 para 17

Omit section 31 (information powers in relation to completed mergers).

Sch 15 para 18
Sch 15 para 18(1)

Section 32 (supplementary provision for purposes of sections 25 and 31) is amended as follows.

Sch 15 para 18(2)

Omit subsections (1) to (3).

Sch 15 para 18(3)

In subsection (4), omit “or subsection (3)(a) above”.

Sch 15 para 18(4)

In the heading, for “sections 25 and 31” substitute “ section 25 ”.

Sch 15 para 19
Sch 15 para 19(1)

Section 34A (duty where case referred by European Commission) is amended as follows.

Sch 15 para 19(2)

For subsection (5) substitute—

Sch 15 para 19(3)

For subsection (6) substitute—

Sch 15 para 19(4)

Omit subsection (7).

Sch 15 para 20

Omit section 34B (power to request information in referred cases).

Sch 15 para 21
Sch 15 para 21(1)

Section 42 (intervention by Secretary of State in certain public interest cases) is amended as follows.

Sch 15 para 21(2)

In subsection (1), in paragraph (d)(i)—

Sch 15 para 21(2)(a)

for “section 22(3)(a) or (e)” substitute “ section 22(3)(za), (a) or (e) ”, and

Sch 15 para 21(2)(b)

for “33(3)(a) or (e)” substitute “ 33(3)(za), (a) or (e) ”.

Sch 15 para 21(3)

In subsection (5), for “to 32” substitute “ to 30 ”.

Sch 15 para 21(4)

In subsection (6), in the words before paragraph (a), for “to 32” substitute “ to 30 ”.

Sch 15 para 21(5)

In that subsection, in paragraph (b), for “sections 25(1) to (3), (6) and (8) and 31” substitute “ section 25(1) to (3), (6) and (8) ”.

Sch 15 para 21(6)

In that subsection, in paragraph (h)—

Sch 15 para 21(6)(a)

omit “, and the power to request information under section 31(1) as so applied,”, and

Sch 15 para 21(6)(b)

after “existing time-limits” insert “ by virtue of section 24 (as so applied) ”.

Sch 15 para 21(7)

In that subsection, in paragraph (i), after “existing time-limits” insert “ by virtue of section 24 (as so applied) ”.

Sch 15 para 21(8)

In that subsection, omit paragraph (j).

Sch 15 para 21(9)

In that subsection, in paragraph (k), for “to 32” substitute “ to 30 ”.

Sch 15 para 21(10)

In that subsection, omit paragraph (l) and the word “and” immediately preceding it.

Sch 15 para 22

In section 46 (references under section 45: supplementary), in subsection (1)(a), omit “or 96(3)”.

Sch 15 para 23
Sch 15 para 23(1)

Section 46B (extension of preliminary assessment period) is amended as follows.

Sch 15 para 23(2)

For subsection (1) substitute—

Sch 15 para 23(3)

Omit subsection (2).

Sch 15 para 23(4)

For subsection (3) substitute—

Sch 15 para 23(5)

Omit subsection (4).

Sch 15 para 24

Omit section 46C (power to request information in referred cases).

Sch 15 para 25
Sch 15 para 25(1)

Section 49 (variation of references under section 45) is amended as follows.

Sch 15 para 25(2)

In subsection (2), omit “1,”.

Sch 15 para 25(3)

In subsection (3), omit “1,”.

Sch 15 para 25(4)

In subsection (4) —

Sch 15 para 25(4)(a)

omit “any undertaking accepted under paragraph 1 of Schedule 7, or”, and

Sch 15 para 25(4)(b)

for “that Schedule” substitute “ Schedule 7 ”.

Sch 15 para 25(5)

In subsection (5)—

Sch 15 para 25(5)(a)

omit “undertaking or” (in each place where it occurs),

Sch 15 para 25(5)(b)

omit “, accepted or” (in each place where it occurs), and

Sch 15 para 25(5)(c)

omit “, superseded, released”.

Sch 15 para 26
Sch 15 para 26(1)

Section 59 (intervention by Secretary of State in special public interest cases) is amended as follows.

Sch 15 para 26(2)

In subsection (5), for “to 32” substitute “ to 30 ”.

Sch 15 para 26(3)

In subsection (6), in the words before paragraph (a), for “to 32” substitute “ to 30 ”.

Sch 15 para 26(4)

In that subsection, in paragraph (c), for “sections 25(1) to (3), (6) and (8) and 31” substitute “ section 25(1) to (3), (6) and (8) ”.

Sch 15 para 26(5)

In that subsection, in paragraph (g), omit “, and the power to request information under section 31(1) as so applied,”.

Sch 15 para 26(6)

In that subsection, omit paragraph (h).

Sch 15 para 26(7)

In that subsection, in paragraph (i), for “to 32” substitute “ to 30 ”.

Sch 15 para 26(8)

In that subsection, omit paragraph (j) and the word “and” immediately preceding it.

Sch 15 para 27
Sch 15 para 27(1)

Section 64 (cancellation and variation of references under section 62) is amended as follows.

Sch 15 para 27(2)

In subsection (3), omit “1,”.

Sch 15 para 27(3)

In subsection (4)—

Sch 15 para 27(3)(a)

omit “any undertaking accepted under paragraph 1 of Schedule 7, or”, and

Sch 15 para 27(3)(b)

for “that Schedule” substitute “ Schedule 7 ”.

Sch 15 para 27(4)

In subsection (5)—

Sch 15 para 27(4)(a)

omit “undertaking or” (in each place where it occurs),

Sch 15 para 27(4)(b)

omit “, accepted or” (in each place where it occurs), and

Sch 15 para 27(4)(c)

omit “, superseded, released”.

Sch 15 para 28
Sch 15 para 28(1)

Section 67 (intervention to protect legitimate interests) is amended as follows.

Sch 15 para 28(2)

In subsection (7), for “to 32” substitute “ to 30 ”.

Sch 15 para 28(3)

In subsection (8), in the words before paragraph (a), for “to 32” substitute “ to 30 ”.

Sch 15 para 28(4)

In that subsection, in paragraph (d), for “sections 25, 31 and 32” substitute “ section 25 ”.

Sch 15 para 29

In section 68 (scheme for protecting legitimate interests), in subsection (4)(a), for “to 32” substitute “ to 30 ”.

Sch 15 para 30

In section 77 (restrictions on certain share dealings: completed mergers), in subsection (1)(b), omit “71 or”.

Sch 15 para 31

In section 78 (restrictions on certain share dealings: anticipated mergers), in subsection (1)(b), for “section 81” substitute “ section 72 or 81 ”.

Sch 15 para 32

In section 89 (subject matter of undertakings), in subsection (2)—

Sch 15 para 32(a)

omit “71,”, and

Sch 15 para 32(b)

omit “1,”.

Sch 15 para 33
Sch 15 para 33(1)

Section 93 (further role of OFT in relation to undertakings and orders) is amended as follows.

Sch 15 para 33(2)

In subsection (1), in paragraph (b), omit “1,”.

Sch 15 para 33(3)

In subsection (2), omit “1,”.

Sch 15 para 33(4)

In subsection (4), omit “1,”.

Sch 15 para 34

In section 94 (rights to enforce undertakings and orders), in subsection (8), omit “1,”.

Sch 15 para 35
Sch 15 para 35(1)

Section 99 (functions in relation to merger notices) is amended as follows.

Sch 15 para 35(2)

Omit subsections (2) to (4).

Sch 15 para 35(3)

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 ”.

Sch 15 para 36
Sch 15 para 36(1)

Section 107 (further publicity requirements) is amended as follows.

Sch 15 para 36(2)

In subsection (1), for paragraph (a) substitute—.

Sch 15 para 36(3)

In that subsection, after paragraph (aa) insert—.

Sch 15 para 36(4)

In that subsection, omit paragraph (d).

Sch 15 para 36(5)

In that subsection, after paragraph (e) insert—.

Sch 15 para 36(6)

In that subsection, in paragraph (f), for “such an undertaking or order” substitute “ an order mentioned in paragraph (e) ”.

Sch 15 para 36(7)

At the end of that subsection insert

Sch 15 para 36(8)

In subsection (2), after paragraph (e) insert—.

Sch 15 para 36(9)

In subsection (3), omit paragraphs (h) and (i).

Sch 15 para 37

In section 130 (index of defined expressions), omit the entry for “Undertakings under paragraph 1 of Schedule 7”.

Sch 15 para 38
Sch 15 para 38(1)

Schedule 7 (enforcement regime for public interest and special public interest cases) is amended as follows.

Sch 15 para 38(2)

In paragraph 7, in sub-paragraph (1), for paragraph (b) substitute—

Sch 15 para 38(3)

In paragraph 8, in sub-paragraph (1), for paragraph (b) substitute—

Sch 15 para 39

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)

Sch 15 para 40

In Schedule 1 to the Office of Communications Act 2002 (constitution etc. of the OFCOM), in paragraph 18—

Sch 15 para 40(a)

the existing text becomes sub-paragraph (1), and

Sch 15 para 40(b)

after that sub-paragraph insert—

Railways and Transport Safety Act 2003 (c. 20)

Sch 15 para 41

In Schedule 1 to the Rail and Transport Safety Act 2003 (constitution etc. of the Office of Rail Regulation), in paragraph 7—

Sch 15 para 41(a)

the existing text becomes sub-paragraph (1), and

Sch 15 para 41(b)

after that sub-paragraph insert—

Communications Act 2003 (c. 21)

Sch 15 para 42

The Communications Act 2003 is amended as follows.

Sch 15 para 43
Sch 15 para 43(1)

Section 192 (appeals against decisions by OFCOM etc) is amended as follows.

Sch 15 para 43(2)

In subsection (1), after paragraph (d) insert—

Sch 15 para 43(3)

In subsection (6)(b), after “the Secretary of State” insert “ , by the CMA ”.

Sch 15 para 44

In section 193 (reference of price control matters), in subsection (10), after “this section” insert “ and section 193A ”.

Sch 15 para 45

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 ”.

Sch 15 para 46

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)

Sch 15 para 47

The Health and Social Care 2012 is amended as follows.

Sch 15 para 48

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) ”.

Sch 15 para 49

In Schedule 8 (constitution etc. of Monitor), in paragraph 11, after sub-paragraph (2) insert—

Civil Aviation Act 2012 (c. 19)

Sch 15 para 50

The Civil Aviation Act 2012 is amended as follows.

Sch 15 para 51

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) ”.

Sch 15 para 52

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))

Sch 15 para 53

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))

Sch 15 para 54

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))

Sch 15 para 55

In Schedule 1 to the Energy (Northern Ireland) Order 2003 (constitution etc. of the Authority), in paragraph 9, after sub-paragraph (2) insert—

Sch 16

Local listed building consent orders: procedure

Paragraph

In the Planning (Listed Buildings and Conservation Areas) Act 1990, after Schedule 2 insert—

Sch 17

Heritage planning regulation

National Heritage Act 1983 (c. 47)

Sch 17 para 1
Sch 17 para 1(1)

Section 33 of the National Heritage Act 1983 (the Commission's general function) is amended as follows.

Sch 17 para 1(2)

In subsection (2A)—

Sch 17 para 1(2)(a)

in paragraph (a) after “1979” insert “ , under section 196D of the Town and Country Planning Act 1990 ”, and

Sch 17 para 1(2)(b)

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 ”.

Sch 17 para 1(3)

After subsection (2A) insert—

Town and Country Planning Act 1990 (c. 8)

Sch 17 para 2

The Town and Country Planning Act 1990 is amended as follows.

Sch 17 para 3

In section 108 (compensation for refusal or conditional grant of planning permission formerly granted by order) after subsection (3E) insert—

Sch 17 para 4

In section 171B (time limits for enforcement of breaches of planning control) after subsection (2) insert—

Sch 17 para 5

In section 174 (appeal against enforcement notice) before subsection (3) insert—

Sch 17 para 6

After section 196C insert—

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

Sch 17 para 7

The Planning (Listed Buildings and Conservation Areas) Act 1990 is amended as follows.

Sch 17 para 8
Sch 17 para 8(1)

Section 1 (listing of buildings of special architectural or historic interest) is amended as follows.

Sch 17 para 8(2)

In subsection (5) after “shall” insert “ , subject to subsection (5A)(a), ”.

Sch 17 para 8(3)

After subsection (5) insert—

Sch 17 para 9
Sch 17 para 9(1)

Section 6 (issue of certificate that building not intended to be listed) is amended as follows.

Sch 17 para 9(2)

Before subsection (1) insert—

Sch 17 para 9(3)

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Sch 17 para 9(4)

In subsection (2) for “such a certificate” substitute “ a certificate under subsection (A1) or (1) ”.

Sch 17 para 9(5)

In subsection (3) after “subsection” insert “ (A1) or ”.

Sch 17 para 10

In section 32(1)(a) (purchase notice on refusal or conditional grant of consent)—

Sch 17 para 10(a)

for “listed building consent in respect of a building” substitute “ on an application for listed building consent in respect of a building, consent ”;

Sch 17 para 10(b)

before “is revoked” insert “ such consent granted on an application ”.

Sch 17 para 11

In section 62(2) (validity of certain orders and decisions), after paragraph (a) insert—.

Sch 17 para 12
Sch 17 para 12(1)

Section 74 (control of demolition in conservation areas) is amended as follows.

Sch 17 para 12(2)

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Sch 17 para 12(3)

After subsection (2) insert—

Sch 17 para 12(4)

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Sch 17 para 12(5)

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Sch 17 para 13

In section 75 (cases in which section 74 does not apply) in subsection (11)—

Sch 17 para 13(a)

for “that section”, in both places those words appear, substitute “ section 74 ”, and

Sch 17 para 13(b)

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) ”.

Sch 17 para 14

In section 82(3) (application of Act to land and works of local planning authorities) for “to 29” substitute “ to 26, 28, 29 ”.

Sch 17 para 15

In section 82A(2) (application to the Crown), after paragraph (c) insert—.

Sch 17 para 16

In section 88(2)(c) (rights of entry) after “11” insert “ , 26J ”.

Sch 17 para 17

In section 92(2)(b) (application to Isles of Scilly), after “Schedules 1, 2” insert “ , 2A ”.

Sch 17 para 18
Sch 17 para 18(1)

Section 93 (regulations and orders) is amended as follows.

Sch 17 para 18(2)

In subsection (4) after “8(5),” insert “ 26C, ”.

Sch 17 para 18(3)

In subsection (5A) after “section” insert “ 26C or ”.

Sch 17 para 19
Sch 17 para 19(1)

Schedule 3 (determination of certain appeals by person appointed by Secretary of State) is amended as follows.

Sch 17 para 19(2)

In paragraph 1(1), 2(8)(a) and 3(3) after “20” insert “ , 26K ”.

Sch 17 para 19(3)

In paragraph 2(1) after paragraph (a) (before “and” at the end) insert—.

Application

Sch 17 para 20

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.

Sch 18

Adjudicators: bankruptcy applications by debtors and bankruptcy orders

Sch 19

Adjudicators: minor and consequential amendments

Sch 19 para 1

The Insolvency Act 1986 is amended in accordance with this Schedule.

Sch 19 para 2

In section 253 (application for interim order), omit subsection (5).

Sch 19 para 3

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 ”.

Sch 19 para 4
Sch 19 para 4(1)

Section 256A (debtor's proposal and nominee's report) is amended as follows.

Sch 19 para 4(2)

In subsection (1) omit the words from “unless” to the end.

Sch 19 para 4(3)

In subsection (3) for “petition for his own bankruptcy” substitute “ make a bankruptcy application ”.

Sch 19 para 5

For the heading to Chapter 1 of Part 9 substitute “ The court: bankruptcy petitions and bankruptcy orders ”.

Sch 19 para 6

In section 264 (who may present a bankruptcy petition), in subsection (1) omit paragraph (b).

Sch 19 para 7

For section 265 (conditions to be satisfied in respect of debtor) substitute—

Sch 19 para 8

In section 266 (bankruptcy petitions: other preliminary conditions), in subsection (4) omit “, (b)”.

Sch 19 para 9
Sch 19 para 9(1)

Sections 272 to 274A (and the cross-heading immediately preceding those sections) (debtor's petition) are repealed.

Sch 19 para 9(2)

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).

Sch 19 para 10

For the cross-heading immediately before section 278 substitute— “ CHAPTER 1A Commencement and duration of bankruptcy ”.

Sch 19 para 11

In section 278 (commencement and continuance), in paragraph (b) (discharge of bankruptcy order) omit “the following provisions of”.

Sch 19 para 12

In section 279 (duration of bankruptcy), in subsection (6) for “adjudged” substitute “ made ”.

Sch 19 para 13

In section 282 (court's power to annul bankruptcy order), in subsection (2)—

Sch 19 para 13(a)

omit “, (b)”,

Sch 19 para 13(b)

after “section 264(1)” insert “ or on a bankruptcy application ”, and

Sch 19 para 13(c)

in paragraph (a) after “pending” insert “ or the application was ongoing ”.

Sch 19 para 14

In section 283 (definition of bankrupt's estate), in subsection (5)(a) for “adjudged” substitute “ made ”.

Sch 19 para 15
Sch 19 para 15(1)

Section 284 (restrictions on dispositions of property) is amended as follows.

Sch 19 para 15(2)

In subsection (1) for “adjudged” substitute “ made ”.

Sch 19 para 15(3)

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 ”.

Sch 19 para 15(4)

In subsection (4), in paragraph (a) before “petition” insert “ bankruptcy application had been made or (as the case may be) that the bankruptcy ”.

Sch 19 para 16
Sch 19 para 16(1)

Section 285 (restriction on proceedings and remedies) is amended as follows.

Sch 19 para 16(2)

In subsection (1)—

Sch 19 para 16(2)(a)

after “when” insert “ proceedings on a bankruptcy application are ongoing or ”, and

Sch 19 para 16(2)(b)

for “adjudged” substitute “ made ”.

Sch 19 para 16(3)

In subsection (2) after “proof that” insert “ a bankruptcy application has been made or ”.

Sch 19 para 17
Sch 19 para 17(1)

Section 286 (power to appoint interim receiver) is amended as follows.

Sch 19 para 17(2)

Omit subsection (2).

Sch 19 para 17(3)

In subsection (8), for “adjudged” substitute “ made ”.

Sch 19 para 18

In section 288 (statement of affairs), in subsection (1) for “debtor's petition” substitute “ bankruptcy application ”.

Sch 19 para 19

In section 290 (public examination of bankrupt), in subsection (4)(a) for “adjudged” substitute “ made ”.

Sch 19 para 20

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Sch 19 para 21

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Sch 19 para 22

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Sch 19 para 23

In section 298 (removal of trustee and vacation of office), in subsections (7) and (8) for “court” substitute “ prescribed person ”.

Sch 19 para 24
Sch 19 para 24(1)

Section 299 (release of trustee) is amended as follows.

Sch 19 para 24(2)

In subsection (1)(a) for “to the court” substitute “ under this paragraph to the prescribed person ”.

Sch 19 para 24(3)

In subsection (3)(a) for “court” substitute “ prescribed person ”.

Sch 19 para 25
Sch 19 para 25(1)

Section 320 (court order vesting disclaimed property) is amended as follows.

Sch 19 para 25(2)

In subsection (2)(c) before “bankruptcy” insert “ bankruptcy application was made or (as the case may be) the ”.

Sch 19 para 25(3)

In subsection (3)(c) before “bankruptcy” insert “ bankruptcy application was made or (as the case may be) the ”.

Sch 19 para 26

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 ”.

Sch 19 para 27

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 ”.

Sch 19 para 28

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 ”.

Sch 19 para 29
Sch 19 para 29(1)

Section 336 (rights of occupation etc of bankrupt's spouse or civil partner) is amended as follows.

Sch 19 para 29(2)

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 ”.

Sch 19 para 29(3)

In subsection (2) for “adjudged” substitute “ made ”.

Sch 19 para 30

In section 337 (rights of occupation of bankrupt), in subsection (1)—

Sch 19 para 30(a)

in paragraph (a) for “adjudged” substitute “ made ”, and

Sch 19 para 30(b)

in paragraph (b) before “bankruptcy petition” insert “ bankruptcy application was made or (as the case may be) the ”.

Sch 19 para 31

In section 339 (transactions at an undervalue), in subsection (1) for “adjudged” substitute “ made ”.

Sch 19 para 32

In section 340 (preferences), in subsection (1) for “adjudged” substitute “ made ”.

Sch 19 para 33

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 ”.

Sch 19 para 34
Sch 19 para 34(1)

Section 342 (orders under sections 339 and 340) is amended as follows.

Sch 19 para 34(2)

In subsection (1) for “adjudged” substitute “ made ”.

Sch 19 para 34(3)

In subsection (5)—

Sch 19 para 34(3)(a)

for paragraph (a) substitute—, and

Sch 19 para 34(3)(b)

in paragraph (b) for “adjudged” substitute “ made ”.

Sch 19 para 35

In section 342A (recovery of excessive pension contributions), in subsection (1) for “adjudged” substitute “ made ”.

Sch 19 para 36

In section 343 (extortionate credit transactions), in subsection (1) for “adjudged” substitute “ made ”.

Sch 19 para 37
Sch 19 para 37(1)

Section 344 (avoidance of general assignment of book debts) is amended as follows.

Sch 19 para 37(2)

In subsection (1) for “adjudged” substitute “ made ”.

Sch 19 para 37(3)

In subsection (2) before “presentation” insert “ making of the bankruptcy application or (as the case may be) the ”.

Sch 19 para 38

In section 345 (contracts to which bankrupt is a party), in subsection (1) for “adjudged” substitute “ made ”.

Sch 19 para 39
Sch 19 para 39(1)

Section 346 (enforcement procedures) is amended as follows.

Sch 19 para 39(2)

In subsections (1) and (2) for “adjudged” substitute “ made ”.

Sch 19 para 39(3)

In subsection (3)—

Sch 19 para 39(3)(a)

in paragraph (b) before “bankruptcy” insert “ bankruptcy application has been made or a ”, and

Sch 19 para 39(3)(b)

in paragraph (c) before “on that petition” insert “ as a result of that application or ”.

Sch 19 para 39(4)

In subsection (4)(a) after “while” insert “ proceedings on a bankruptcy application are ongoing or (as the case may be) ”.

Sch 19 para 40
Sch 19 para 40(1)

Section 347 (distress, etc) is amended as follows.

Sch 19 para 40(2)

In subsection (2)—

Sch 19 para 40(2)(a)

after “individual to whom” insert “ a bankruptcy application or ”, and

Sch 19 para 40(2)(b)

before “on that petition” insert “ as a result of that application or ”.

Sch 19 para 40(3)

In subsection (3) for “adjudged” substitute “ made ”.

Sch 19 para 41

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 ”.

Sch 19 para 42

In section 350 (application of Chapter 6 of Part 9: bankruptcy offences), in subsection (1) after “applies” insert.

Sch 19 para 43
Sch 19 para 43(1)

Section 351 (definitions for the purposes of Chapter 6 of Part 9) is amended as follows.

Sch 19 para 43(2)

In paragraph (b) before “presentation” insert “ making of the bankruptcy application or (as the case may be) the ”.

Sch 19 para 43(3)

Omit paragraph (c), and the preceding “and”.

Sch 19 para 44
Sch 19 para 44(1)

Section 354 (concealment of property) is amended as follows.

Sch 19 para 44(2)

In subsection (1)(c) before “petition” insert “ the making of the bankruptcy application or (as the case may be) the presentation of the bankruptcy ”.

Sch 19 para 44(3)

In subsection (3)(a) before “petition” insert “ the making of the bankruptcy application or (as the case may be) the presentation of the bankruptcy ”.

Sch 19 para 45
Sch 19 para 45(1)

Section 355 (concealment of books and papers; falsification) is amended as follows.

Sch 19 para 45(2)

In subsection (2)(d) before “petition” insert “ the making of the bankruptcy application or (as the case may be) the presentation of the bankruptcy ”.

Sch 19 para 45(3)

In subsection (3)(b) before “petition” insert “ the making of the bankruptcy application or (as the case may be) the presentation of the bankruptcy ”.

Sch 19 para 46

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 ”.

Sch 19 para 47

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 ”.

Sch 19 para 48
Sch 19 para 48(1)

Section 359 (fraudulent dealing with property obtained on credit) is amended as follows.

Sch 19 para 48(2)

In subsection (1) before “petition” insert “ the making of the bankruptcy application or (as the case may be) the presentation of the bankruptcy ”.

Sch 19 para 48(3)

In subsection (2) before “petition” insert “ the making of the bankruptcy application or (as the case may be) the presentation of the bankruptcy ”.

Sch 19 para 49

In section 360 (obtaining credit and engaging in business), in subsection (1)(b) for “adjudged” substitute “ made ”.

Sch 19 para 50
Sch 19 para 50(1)

Section 364 (power of arrest) is amended as follows.

Sch 19 para 50(2)

In subsection (1)(a) after “to whom a” insert “ bankruptcy application or a ”.

Sch 19 para 50(3)

In subsection (2) before “presentation” insert “ making of the bankruptcy application or the ”.

Sch 19 para 51

In section 376 (time limits), after “anything” insert “ (including anything in relation to a bankruptcy application) ”.

Sch 19 para 52
Sch 19 para 52(1)

Section 381 (definition of “bankrupt” and associated terminology) is amended as follows.

Sch 19 para 52(2)

In subsection (1) for “adjudged” (in both places where it occurs) substitute “ made ”.

Sch 19 para 52(3)

After subsection (1) insert—

Sch 19 para 52(4)

In subsection (2) for “adjudging” substitute “ making ”.

Sch 19 para 53

In section 383 (definition of “creditor” etc.), in subsection (1)(b)—

Sch 19 para 53(a)

after “to whom a” insert “ bankruptcy application or ”, and

Sch 19 para 53(b)

after “that” insert “ application or ”.

Sch 19 para 54

In section 384 (definitions of “prescribed” and “the rules”), in subsection (1) omit “section 273;”.

Sch 19 para 55

In section 385 (miscellaneous definitions), in subsection (1)—

Sch 19 para 55(a)

before the definition of “the court” insert—,

Sch 19 para 55(b)

in the definition of “the debtor”, in paragraph (b)—

Sch 19 para 55(b)(i)

before “bankruptcy petition” insert “ bankruptcy application or a ”, and

Sch 19 para 55(b)(ii)

after “to whom the” insert “ application or ”,

Sch 19 para 55(c)

omit the definition of “debtor's petition”, and

Sch 19 para 55(d)

before the definition of “dwelling house” insert—.

Sch 19 para 56

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) ”.

Sch 19 para 57

In section 389A (authorisation of nominees and supervisors), in subsection (3)(a) for “adjudged” substitute “ made ”.

Sch 19 para 58

In section 390 (persons not qualified to act as insolvency practitioners), in subsection (4)(a) for “adjudged” substitute “ made ”.

Sch 19 para 59
Sch 19 para 59(1)

Section 415 (fees orders) is amended as follows.

Sch 19 para 59(2)

In subsection (1)—

Sch 19 para 59(2)(a)

after paragraph (a) omit “and”, and

Sch 19 para 59(2)(b)

at the end of paragraph (b) insert.

Sch 19 para 59(3)

After subsection (1) insert—

Sch 19 para 60

In section 421A (insolvent estates: joint tenancies), in subsection (9) in the definition of “value lost to the estate”, for “adjudged” substitute “ made ”.

Sch 19 para 61

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 ”.

Sch 19 para 62

In Schedule 4ZA (conditions for making a debt relief order), for paragraph 3 substitute—

Sch 19 para 63
Sch 19 para 63(1)

In Schedule 4A (bankruptcy restrictions orders), paragraph 2 is amended as follows.

Sch 19 para 63(2)

In sub-paragraph (2)—

Sch 19 para 63(a)

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

Sch 19 para 63(b)

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 ”.

Sch 19 para 63(3)

In sub-paragraph (4) omit the definition of “before petition”.

Sch 19 para 64

In Schedule 6 (categories of preferential debts), in paragraph 14(1) for “adjudged” substitute “ made ”.

Sch 19 para 65
Sch 19 para 65(1)

Schedule 9 (provisions capable of inclusion in individual insolvency rules) is amended as follows.

Sch 19 para 65(2)

After paragraph 4 insert—

Sch 19 para 65(3)

After paragraph 4B (as inserted by sub-paragraph (2)) insert—

Sch 19 para 65(4)

After paragraph 24 insert—

Sch 19 para 66
Sch 19 para 66(1)

In the Table in Schedule 10 (punishment of offences), insert the following entry after the entry relating to section 262A(1)—

Sch 19 para 66(2)

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”.

Sch 20

Abolition of Agricultural Wages Board and related English bodies: consequential provision

Sch 20 para 1

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 ”.

Sch 20 para 2

The repeals and revocations in the following table have effect.

Paragraph

In section 2—in subsection (1)—the words “England and”, and paragraph (a), and subsection (4).

Paragraph

In section 17—in subsection (1), the definition of “the national minimum wage”, and subsection (1A).

Paragraph

In article 3(1), the words—“Subject to the provisions of this order”, and“an agricultural wages committee for each county in England and”.

Paragraph

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.

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).

Paragraph

In section 16A(5)—in the definition of “enforcement officer”, paragraph (b), and in the definition of “the relevant legislation”, paragraph (b).

Paragraph

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).

Sch 21

Unnecessary regulation: miscellaneous

Sch 21

Notification of TV sales etc

Wireless Telegraphy Act 1967 (c. 72)

Sch 21 para 1

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.

Sch 21 para 2

In consequence, the repeals in the following table have effect.

Saving provision

Sch 21 para 3

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.

Sch 21

Water undertakers: in-area ban

Water Industry Act 1991 (c. 56)

Sch 21 para 4

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).

Sch 21

Bankruptcy early discharge procedure

Insolvency Act 1986 (c. 45)

Sch 21 para 5

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).

Sch 22

Licensing of copyright and performers' rights

Sch 22

Regulation of licensing bodies

Sch 22 para 1

In the Copyright, Designs and Patents Act 1988, before Schedule 1 insert—

Sch 22

Performers' rights

Sch 22 para 2

Schedule 2A to the Copyright, Designs and Patents Act 1988 (licensing of performers' property rights) is amended as follows.

Sch 22 para 3

In the heading of the Schedule omit “property”.

Sch 22 para 4

In paragraph 1, after sub-paragraph (4) insert—

Sch 22 para 5

After paragraph 1 insert—

Sch 22 para 6

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”.