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 ”.