SCHEDULES
SCHEDULE 5Amendments related to Part 3
PART 1Transfer of functions under the 1998 Act to the CMA
I11
The Competition Act 1998 is amended as follows.
I22
In section 6 (block exemptions), in subsections (1) and (6), for “OFT” (in each place where it occurs) substitute “
CMA
”
.
I33
In section 8 (block exemptions: procedure), in subsections (1) to (3) and (5), for “OFT” (in each place where it occurs) substitute “
CMA
”
.
I44
In section 10 (parallel exemptions), in subsections (5), (7) and (8), for “OFT” (in each place where it occurs) substitute “
CMA
”
.
I55
1
Section 25 (power to investigate) is amended as follows.
2
In subsections (1) and (8) to (11), for “OFT” (in each place where it occurs) substitute “
CMA
”
.
3
In the heading, for “OFT” substitute “
CMA
”
.
I66
In section 26 (powers when conducting investigations), in subsections (1) and (5), for “OFT” (in each place where it occurs) substitute “
CMA
”
.
I77
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
”
.
I88
1
Section 28 (power to enter business premises under a warrant) is amended as follows.
2
In subsection (1)(b)(i), for “OFT” substitute “
CMA
”
.
3
In subsection (2)—
a
for “OFT” (in each place where it occurs) substitute “
CMA
”
, and
b
for “OFT's” substitute “CMA's”.
I99
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
”
.
I1010
In section 31 (decisions following an investigation), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “
CMA
”
.
I1111
In section 31A (commitments), in subsections (1) to (4), for “OFT” (in each place where it occurs) substitute “
CMA
”
.
I1212
In section 31B (effect of commitments under section 31A), in subsections (1) to (5), for “OFT” (in each place where it occurs) substitute “
CMA
”
.
I1313
In section 31C (review of commitments), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “
CMA
”
.
I1414
In section 31D (guidance), in subsections (1) to (3), (5), (6) and (8), for “OFT” (in each place where it occurs) substitute “
CMA
”
.
I1515
In section 31E (enforcement of commitments), in subsection (1), for “OFT” (in each place where it occurs) substitute “
CMA
”
.
I1616
In section 32 (directions in relation to agreements), in subsection (1), for “OFT” substitute “
CMA
”
.
I1717
In section 33 (directions in relation to conduct), in subsection (1), for “OFT” substitute “
CMA
”
.
I1818
In section 34 (enforcement of directions), in subsection (1), for “OFT” substitute “
CMA
”
.
I1919
In section 35 (interim measures), in subsections (1) to (4), (8) and (9), for “OFT” (in each place where it occurs) substitute “
CMA
”
.
I2020
In section 36 (penalties), in subsections (1) to (5), (8) and (9), for “OFT” (in each place where it occurs) substitute “
CMA
”
.
I2121
In section 37 (recovery of penalties), in subsection (1), for “OFT” (in each place where it occurs) substitute “
CMA
”
.
I2222
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
”
.
I2323
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
”
.
I2424
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
”
.
I2525
In section 44 (false or misleading information), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “
CMA
”
.
I2626
In section 46 (appealable decisions), in subsections (1) to (3), for “OFT” (in each place where it occurs) substitute “
CMA
”
.
I2727
In section 47 (third party appeals), in subsection (1), for “OFT” (in each place where it occurs) substitute “
CMA
”
.
I2828
In section 47A (monetary claims before Tribunal), in subsections (6) and (7), for “OFT” (in each place where it occurs) substitute “
CMA
”
.
I2929
In section 50 (vertical agreements and land agreements), in subsection (3), for “OFT” substitute “
CMA
”
.
I3030
In the cross-heading preceding section 51, for “OFT's” substitute “CMA's”.
I3131
1
Section 51 (rules) is amended as follows.
2
In subsection (1), for “OFT” substitute “
CMA
”
.
3
In subsection (2), for “OFT's” substitute “CMA's”.
4
In subsections (3) and (5) to (10), for “OFT” (in each place where it occurs) substitute “
CMA
”
.
I3232
1
Section 52 (advice and information) is amended as follows.
2
In subsection (1), for the words from the beginning to “the Director” substitute “
The CMA
”
.
3
In subsection (1A), for the words from the beginning to “the OFT” substitute “
The CMA
”
.
4
In subsections (2) to (6) and (8), for “OFT” (in each place where it occurs) substitute “
CMA
”
.
I3333
In section 54 (regulators), in subsections (2), (5) and (7), for “OFT” (in each place where it occurs) substitute “
CMA
”
.
I3434
In section 57 (defamation), for “OFT” substitute “
CMA
”
.
I3535
In the cross-heading preceding section 58, for “OFT” substitute “
CMA
”
.
I3636
1
Section 58 (findings of fact) is amended as follows.
2
In subsection (1), for “an OFT's” substitute “a CMA's”.
3
In subsection (2)—
a
for “an OFT's” substitute “a CMA's”, and
b
for “OFT” (in each place where it occurs) substitute “
CMA
”
.
4
In subsection (3), for “OFT” substitute “
CMA
”
.
5
In the heading, for “OFT” substitute “
CMA
”
.
I3737
In section 58A (findings of infringements), in subsections (3) and (4), for “OFT” (in each place where it occurs) substitute “
CMA
”
.
I3838
1
Section 59 (interpretation of Part 1) is amended as follows.
2
In subsection (1)—
a
after the definition of “the Chapter II prohibition” insert—
“the CMA” means the Competition and Markets Authority;
b
omit the definition of “the OFT”.
3
In subsection (4), for “OFT” substitute “
CMA
”
.
I3939
In section 60 (principles to be applied in determining questions), in subsection (4), for “OFT” (in each place where it occurs) substitute “
CMA
”
.
I4040
In section 61 (interpretation of Part 2), in subsection (1)—
a
after the definition of “books and records” insert—
“the CMA” means the Competition and Markets Authority;
b
omit the definition of “the OFT”.
I4141
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
”
.
I4242
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
”
.
I4343
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
”
.
I4444
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
”
.
I4545
1
Section 65C (interpretation of Part 2A) is amended as follows.
2
In subsection (1), in the definition of “Article 22(1) investigation”, for “OFT” substitute “
CMA
”
.
3
In subsection (2)—
a
after the entry for “Article 82” insert— “
“the CMA”;
”
, and
b
omit the entry for “the OFT”.
4
In subsection (4), for “OFT” substitute “
CMA
”
.
I4646
In section 65D (power to conduct an Article 22(1) investigation), in subsection (1), for “OFT” substitute “
CMA
”
.
I4747
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
”
.
I4848
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
”
.
I4949
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
”
.
I5050
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
”
.
I5151
In section 65N (false or misleading information), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “
CMA
”
.
I5252
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
”
.
I5353
1
Schedule 1 (exclusions: mergers and concentrations) is amended as follows.
2
In paragraph 4, in sub-paragraphs (1) to (5), for “OFT” (in each place where it occurs) substitute “
CMA
”
.
3
In paragraph 5, for “OFT” (in each place where it occurs) substitute “
CMA
”
.
I5454
In Schedule 2 (exclusions: other competition scrutiny), in Part 3, in paragraph 5(3)(a), for “Director” substitute “
CMA
”
.
I5555
1
Schedule 3 (general exclusions) is amended as follows.
2
In paragraph 9, in sub-paragraphs (3) to (7), for “OFT” (in each place where it occurs) substitute “
CMA
”
.
I5656
1
Schedule 6A (commitments) is amended as follows.
2
In paragraph 1, for “OFT” substitute “
CMA
”
.
3
In paragraph 2—
a
in sub-paragraph (1), for “OFT” substitute “
CMA
”
, and
b
in sub-paragraph (2)—
i
for “OFT” (in each place where it occurs) substitute “
CMA
”
, and
ii
for “OFT's” substitute “CMA's”.
4
In paragraph 3, in sub-paragraph (1), for “OFT” substitute “
CMA
”
.
5
In paragraph 4, for “OFT” (in each place where it occurs) substitute “
CMA
”
.
6
In paragraph 5, for “OFT” substitute “
CMA
”
.
7
In paragraph 6, for “OFT” substitute “
CMA
”
.
8
In paragraph 7, for “OFT” (in each place where it occurs) substitute “
CMA
”
.
9
In paragraph 8, for “OFT” (in each place where it occurs) substitute “
CMA
”
.
10
In paragraph 10, for “OFT” substitute “
CMA
”
.
11
In paragraph 11, in sub-paragraph (1), for “OFT” substitute “
CMA
”
.
12
In paragraph 12, for “OFT” substitute “
CMA
”
.
13
In paragraph 13, for “OFT” substitute “
CMA
”
.
14
In paragraph 14, for “OFT” (in each place where it occurs) substitute “
CMA
”
.
I5757
1
Schedule 8 (appeals) is amended as follows.
2
In paragraph 2, in sub-paragraph (2), for “OFT's” substitute “CMA's”.
3
In paragraph 3, in sub-paragraphs (2) and (3), for “OFT” (in each place where it occurs) substitute “
CMA
”
.
4
In paragraph 3A, in sub-paragraph (3), for “OFT” substitute “
CMA
”
.
I5858
1
Schedule 9 (rules under section 51) is amended as follows.
2
In the heading, for “OFT's” substitute “CMA's”.
3
In paragraph 1, for “OFT” substitute “
CMA
”
.
4
In paragraph 5, in sub-paragraphs (1) and (2), for “OFT” (in each place where it occurs) substitute “
CMA
”
.
5
In paragraph 8, for “OFT” (in each place where it occurs) substitute “
CMA
”
.
6
In paragraph 9, for “OFT” (in each place where it occurs) substitute “
CMA
”
.
7
In paragraph 11, for “OFT” substitute “
CMA
”
.
8
In paragraph 12, in sub-paragraph (1)—
a
for “OFT” substitute “
CMA
”
, and
b
for “OFT's” substitute “CMA's”.
9
In paragraph 13—
a
for “OFT” substitute “
CMA
”
, and
b
for “OFT's” substitute “CMA's”.
10
In paragraph 14, for “OFT” substitute “
CMA
”
.