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SCHEDULES

SCHEDULE 5E+W+S+N.I.Amendments related to Part 3

PART 2 E+W+S+N.I.Transfer of functions under the 2002 Act to the CMA

59The Enterprise Act 2002 is amended as follows.

Annotations:

Commencement Information

I1Sch. 5 para. 59 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

Part 1E+W+S+N.I.

60(1)Section 5 (acquisition of information etc) is amended as follows.E+W+S+N.I.

(2)In subsections (1), (2) and (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.

(3)In the italic cross-heading preceding the section for “OFT” substitute “ the CMA ”.

Annotations:

Commencement Information

I2Sch. 5 para. 60 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

61In section 6 (provision of information etc to the public), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Annotations:

Commencement Information

I3Sch. 5 para. 61 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

62(1)Section 7 (provision of information and advice to Ministers etc) is amended as follows.E+W+S+N.I.

(2)In subsection (1), for “OFT” substitute “ CMA ”.

(3)In subsection (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Annotations:

Commencement Information

I4Sch. 5 para. 62 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

63Omit section 8 (promoting good consumer practice).

Annotations:

Commencement Information

I5Sch. 5 para. 63 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

64(1)Section 11 (super-complaints) is amended as follows.E+W+S+N.I.

(2)In subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

(3)In subsection (3), for “OFT's” substitute “CMA's”.

(4)In subsection (7), for “OFT” substitute “ CMA ”.

Annotations:

Commencement Information

I6Sch. 5 para. 64 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

65For the title to Part 1 substitute “ General functions of the CMA ”.

Annotations:

Commencement Information

I7Sch. 5 para. 65 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

Part 2E+W+S+N.I.

66In Schedule 4 (Competition Appeal Tribunal: procedure), in Part 2 (Tribunal rules), in paragraph 22(2), for “OFT” substitute “ CMA ”.

Annotations:

Commencement Information

I8Sch. 5 para. 66 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

Part 3E+W+S+N.I.

67(1)Section 22 (duty to make references in relation to completed mergers) is amended as follows.E+W+S+N.I.

(2)In subsection (1), for the words before paragraph (a) substitute “ The CMA shall, subject to subsections (2) and (3), make a reference to its chair for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 if the CMA believes that it is or may be the case that— ”.

(3)In subsection (2)—

(a)in the words before paragraph (a), for “OFT” substitute “ CMA ”, and

(b)in paragraph (a), omit “to the Commission”.

(4)In subsections (3) and (3A), for “OFT” (in each place where it occurs) substitute “ CMA ”.

(5)In subsection (7)—

(a)in paragraph (a), for “the OFT or (as the case may be) the Commission” substitute “ the CMA ”, and

(b)in paragraph (b), for “the OFT, the Commission” substitute “ the CMA ”.

Annotations:

Commencement Information

I9Sch. 5 para. 67 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

68In section 23 (relevant merger situations), in subsection (9), in paragraph (a), for “Commission” substitute “ CMA ”.

Annotations:

Commencement Information

I10Sch. 5 para. 68 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

69In section 24 (time-limits and prior notice), in subsection (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Annotations:

Commencement Information

I11Sch. 5 para. 69 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

70In section 25 (extension of time-limits), in subsections (1) to (6) and (8), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Annotations:

Commencement Information

I12Sch. 5 para. 70 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

71In section 28 (turnover test), in subsection (5), for “OFT” substitute “ CMA ”.

Annotations:

Commencement Information

I13Sch. 5 para. 71 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

72(1)Section 33 (duty to make references in relation to anticipated mergers) is amended as follows.E+W+S+N.I.

(2)In subsection (1), for the words before paragraph (a) substitute “ The CMA shall, subject to subsections (2) and (3), make a reference to its chair for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 if the CMA believes that it is or may be the case that— ”.

(3)In subsection (2)—

(a)in the words before paragraph (a), for “OFT” substitute “ CMA ”,

(b)in paragraph (a), omit “to the Commission”, and

(c)in paragraph (b), omit “to the Commission”.

(4)In subsections (3) and (3A), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Annotations:

Commencement Information

I14Sch. 5 para. 72 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

73(1)Section 34A (duty where case referred by the European Commission) is amended as follows.E+W+S+N.I.

(2)In subsection (1), for “OFT” substitute “ CMA ”.

(3)In subsection (2)—

(a)in the words before paragraph (a), for “OFT” substitute “ CMA ”, and

(b)in paragraph (a), omit “to the Commission”.

(4)In subsection (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.

(5)In the heading, for “OFT” substitute “ CMA ”.

Annotations:

Commencement Information

I15Sch. 5 para. 73 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

74Before section 35 (but after the italic cross-heading immediately preceding it) insert—

34CFunctions to be exercised by CMA groups

(1)Where a reference is made to the chair of the CMA under section 22 or 33 for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, the functions of the CMA under or by virtue of the following provisions of this Part in relation to the matter concerned are to be carried out on behalf of the CMA by the group so constituted—

(a)sections 35 to 41B, except for sections 35(6) and (7), 36(5) and (6) and 37(6);

(b)where a reference is treated by virtue of section 37(2) as having been made under section 22, section 23(9)(a);

(c)section 76, as it applies in relation to orders under section 83, and sections 77, 78 and 80 to 84;

(d)section 87, so far as relating to an enforcement order made on behalf of the CMA by the group;

(e)sections 92(4), 94 and 94A, so far as relating to an enforcement undertaking or enforcement order made on behalf of the CMA by the group;

(f)section 104, so far as relating to a decision mentioned in paragraph (a)(iii) of the definition of relevant decision in subsection (6) of that section;

(g)section 107, so far as relating to anything done on behalf of the CMA by the group;

(h)section 109, where the permitted purpose in question relates to a function that (by virtue of this section) is being or is to be carried out on behalf of the CMA by the group;

(i)sections 110 to 115, so far as relating to a notice given under section 109 on behalf of the CMA by the group;

(j)section 120(5)(b), so far as relating to a decision of the group;

(k)Schedule 10, so far as relating to an enforcement undertaking or enforcement order which the group is considering accepting or making, or which the group has accepted or made, on behalf of the CMA.

(2)The functions of the CMA under section 95(4) in relation to the matter concerned may be carried out on behalf of the CMA by the group.

(3)Nothing in subsection (1) prevents the CMA Board from exercising a function of the CMA under or by virtue of the following provisions of this Part where the group constituted as mentioned in subsection (1) has ceased to exist—

(a)section 76 and Schedule 10, so far as relating to the making of an order under section 76 in relation to an order under section 83;

(b)section 83 and Schedule 10, so far as relating to the making of an order under section 83;

(c)sections 76 (as it applies in relation to an order under section 83), 80 to 84 and Schedule 10, so far as relating to the variation, supersession or release of enforcement undertakings or the variation or revocation of enforcement orders;

(d)section 87;

(e)sections 92(4) and 94.

Annotations:

Commencement Information

I16Sch. 5 para. 74 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

75In 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 ”.

Annotations:

Commencement Information

I17Sch. 5 para. 75 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

76In 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 ”.

Annotations:

Commencement Information

I18Sch. 5 para. 76 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

77(1)Section 37 (cancellation and variation of references under section 22 or 33) is amended as follows.E+W+S+N.I.

(2)In subsections (1) to (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.

(3)In subsection (6), for “OFT” substitute “ CMA ”.

(4)Omit subsections (7) and (8).

(5)In subsection (9)—

(a)for “OFT” substitute “ CMA ”, and

(b)for “Commission” substitute “ CMA ”.

Annotations:

Commencement Information

I19Sch. 5 para. 77 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

78(1)Section 38 (investigations and reports on references under section 22 or 33) is amended as follows.E+W+S+N.I.

(2)In subsections (1) to (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.

(3)Omit subsection (4).

Annotations:

Commencement Information

I20Sch. 5 para. 78 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

79In 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 ”.

Annotations:

Commencement Information

I21Sch. 5 para. 79 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

80In section 40 (section 39: supplementary), in subsections (10), (11) and (13), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Annotations:

Commencement Information

I22Sch. 5 para. 80 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

81In 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 ”.

Annotations:

Commencement Information

I23Sch. 5 para. 81 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

82(1)Section 42 (intervention by Secretary of State in certain public interest cases) is amended as follows.E+W+S+N.I.

(2)In subsection (2), for “OFT” substitute “ CMA ”.

(3)In subsection (6)—

(a)for “OFT” (in each place where it occurs) substitute “ CMA ”, and

(b)for “Commission” substitute “ CMA ”.

Annotations:

Commencement Information

I24Sch. 5 para. 82 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

83(1)Section 43 (intervention notices under section 42) is amended as follows.E+W+S+N.I.

(2)In subsection (4)—

(a)in paragraph (a), for “OFT” substitute “ CMA ”, and

(b)for “Commission” (in each place where it occurs) substitute “ CMA ”.

Annotations:

Commencement Information

I25Sch. 5 para. 83 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

84(1)Section 44 (investigation and report) is amended as follows.E+W+S+N.I.

(2)In subsections (2) and (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.

(3)In subsection (4) —

(a)in the words before paragraph (a), for “OFT” substitute “ CMA ”, and

(b)in paragraph (c), omit “to the Commission”.

(4)In subsections (5), (5A) and (7), for “OFT” (in each place where it occurs) substitute “ CMA ”.

(5)In the heading, for “OFT” substitute “ CMA ”.

Annotations:

Commencement Information

I26Sch. 5 para. 84 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

85(1)Section 45 (power of Secretary of State to refer matter) is amended as follows.E+W+S+N.I.

(2)In subsection (1), in paragraph (b), for “OFT” substitute “ CMA ”.

(3)In subsections (2) to (5), for “to the Commission” (in each place where it occurs) substitute “ to the chair of the CMA for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 ”.

(4)In the heading, for “Commission” substitute “ CMA ”.

Annotations:

Commencement Information

I27Sch. 5 para. 85 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

86In section 46 (references under section 46: supplementary), in subsection (2), for “OFT” substitute “ CMA ”.

Annotations:

Commencement Information

I28Sch. 5 para. 86 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

87(1)Section 46A (cases referred by European Commission where intervention notice is in force) is amended as follows.E+W+S+N.I.

(2)In subsection (1), for “OFT” substitute “ CMA ”.

(3)In subsection (2), in paragraph (a), omit “to the Commission”.

Annotations:

Commencement Information

I29Sch. 5 para. 87 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

88Before section 47 (but after the italic cross-heading immediately preceding it) insert—

46DFunctions to be exercised by CMA groups

Where a reference is made to the chair of the CMA under section 45 for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, the functions of the CMA under or by virtue of the following provisions of this Part in relation to the matter concerned are to be carried out on behalf of the CMA by the group so constituted—

(a)sections 47 to 53;

(b)where a reference is treated by virtue of section 49(1) as having been made under section 45(2) or (3), section 23(9)(ab) (as it has effect by virtue of section 42(6));

(c)sections 104, so far as relating to any decision mentioned in paragraph (a)(iii) of the definition of relevant decision in subsection (6) of that section, and 104A;

(d)section 107, so far as relating to anything done on behalf of the CMA by the group;

(e)section 109, where the permitted purpose relates to a function that (by virtue of this section) is being or is to be carried out on behalf of the CMA by the group;

(f)sections 110 to 115, so far as relating to a notice given under section 109 on behalf of the CMA by the group;

(g)section 118(4);

(h)section 120(5)(b), so far as relating to a decision of the group.

Annotations:

Commencement Information

I30Sch. 5 para. 88 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

89In 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 ”.

Annotations:

Commencement Information

I31Sch. 5 para. 89 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

90In 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 ”.

Annotations:

Commencement Information

I32Sch. 5 para. 90 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

91In 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 ”.

Annotations:

Commencement Information

I33Sch. 5 para. 91 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

92In 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 ”.

Annotations:

Commencement Information

I34Sch. 5 para. 92 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

93(1)Section 51 (time-limits for investigations and reports) is amended as follows.E+W+S+N.I.

(2)In subsections (1) to (4) and (8), for “Commission” (in each place where it occurs) substitute “ CMA ”.

(3)In the heading, for “Commission” substitute “ CMA ”.

Annotations:

Commencement Information

I35Sch. 5 para. 93 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

94Section 52 (section 51: supplementary), in subsections (10), (11) and (13), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Annotations:

Commencement Information

I36Sch. 5 para. 94 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

95(1)Section 53 (restrictions on action where public interest considerations not finalised) is amended as follows.E+W+S+N.I.

(2)In subsection (1), for “Commission” substitute “ CMA ”.

(3)In subsection (2)—

(a)omit “to the Commission”, and

(b)for “Commission” substitute “ CMA ”.

(4)In subsections (3) to (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Annotations:

Commencement Information

I37Sch. 5 para. 95 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

96(1)Section 54 (decision of Secretary of State in public interest cases) is amended as follows.E+W+S+N.I.

(2)In subsection (1), for “Commission” substitute “ CMA ”.

(3)In subsection (3), omit “to the Commission” (in each place where it occurs).

(4)In subsections (5) and (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.

(5)In subsection (7)—

(a)omit “to the Commission” (in each place where it occurs),

(b)for “of the Commission” (in each place where it occurs) substitute “ of the CMA ”, and

(c)in paragraph (b)(ii), for “OFT” substitute “ CMA ”.

Annotations:

Commencement Information

I38Sch. 5 para. 96 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

97In section 55 (enforcement action by Secretary of State), in subsection (3), for “Commission” substitute “ CMA ”.

Annotations:

Commencement Information

I39Sch. 5 para. 97 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

98(1)Section 56 (competition cases where intervention on public interest grounds ceases) is amended as follows.E+W+S+N.I.

(2)In subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

(3)In subsection (3)—

(a)for “Commission” (in each place where it occurs) substitute “ CMA ”,

(b)for “the report of the OFT” substitute “ its report ”, and

(c)omit “to it by the OFT”.

(4)In subsection (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.

(5)In subsection (6)—

(a)for “Commission” substitute “ CMA ”, and

(b)omit “to it”.

(6)In subsection (7), for “Commission” (in each place where it occurs) substitute “ CMA ”.

(7)In subsection (8)—

(a)for “Commission” substitute “ CMA ”,

(b)after “(6)” insert

(a)”,

(c)omit “to the Commission by the OFT”, and

(d)at the end insert ; and

(b)for the purposes of section 34C, the group constituted in consequence of the reference under section 45 is to be treated as if it were constituted in consequence of a reference under section 22 or (as the case may be) 33.

Annotations:

Commencement Information

I40Sch. 5 para. 98 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

99(1)Section 57 (duties of authorities to inform Secretary of State) is amended as follows.E+W+S+N.I.

(2)In subsection (1), for “OFT” substitute “ CMA ”.

(3)In subsection (2)—

(a)for “OFT, OFCOM and the Commission” substitute “ CMA and OFCOM ”, and

(b)for “OFT, OFCOM or (as the case may be) the Commission” substitute “ CMA or (as the case may be) OFCOM ”.

(4)In the heading, for “OFT and Commission” substitute “ CMA and OFCOM ”.

Annotations:

Commencement Information

I41Sch. 5 para. 99 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

100In section 58 (specified considerations), in subsection (4)(b) for “OFT, OFCOM, the Commission” substitute “ CMA, OFCOM ”.

Annotations:

Commencement Information

I42Sch. 5 para. 100 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

101(1)Section 59 (intervention by Secretary of State in special public interest cases) is amended as follows.E+W+S+N.I.

(2)In subsection (2), for “OFT” substitute “ CMA ”.

(3)In subsection (6)—

(a)for “OFT” (in each place where it occurs) substitute “ CMA ”, and

(b)for “Commission” substitute “ CMA ”.

Annotations:

Commencement Information

I43Sch. 5 para. 101 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

102(1)Section 60 (special intervention notices under section 59) is amended as follows.E+W+S+N.I.

(2)In subsection (4)—

(a)in paragraph (a), for “OFT” substitute “ CMA ”, and

(b)for “Commission” (in each place where it occurs) substitute “ CMA ”.

Annotations:

Commencement Information

I44Sch. 5 para. 102 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

103(1)In section 61 (initial investigation and report) is amended as follows.E+W+S+N.I.

(2)In subsections (2) to (4A) and (6), for “OFT” (in each place where it occurs) substitute “ CMA ”.

(3)In the heading, for “OFT” substitute “ CMA ”.

Annotations:

Commencement Information

I45Sch. 5 para. 103 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

104(1)Section 62 (power of Secretary of State to refer matter) is amended as follows.E+W+S+N.I.

(2)In subsection (1), in paragraph (b), for “OFT” substitute “ CMA ”.

(3)In subsections (2) and (3), for “to the Commission” (in each place where it occurs), substitute “ to the chair of the CMA for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 ”.

(4)In subsection (5), for “OFT” substitute “ CMA ”.

Annotations:

Commencement Information

I46Sch. 5 para. 104 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

105Before section 63 insert—

62AFunctions to be exercised by CMA groups

Where a reference is made to the chair of the CMA under section 62 for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, the functions of the CMA under or by virtue of the following provisions of this Part in relation to the matter concerned are to be carried out on behalf of the CMA by the group so constituted—

(a)sections 63 to 65;

(b)where a reference is treated by virtue of section 64(2) as having been made under section 62(2), section 23(9)(ab) (as it has effect by virtue of section 59(6));

(c)sections 104, so far as relating to any decision mentioned in paragraph (a)(iii) of the definition of relevant decision in subsection (6) of that section, and 104A;

(d)section 107, so far as relating to anything done on behalf of the CMA by the group;

(e)section 109, where the permitted purpose relates to a function that (by virtue of this section) is being or is to be carried out on behalf of the CMA by the group;

(f)sections 110 to 115, so far as relating to a notice given under section 109 on behalf of the CMA by the group;

(g)section 118(4);

(h)section 120(5)(b), so far as relating to a decision of the group.

Annotations:

Commencement Information

I47Sch. 5 para. 105 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

106In 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 ”.

Annotations:

Commencement Information

I48Sch. 5 para. 106 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

107In 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 ”.

Annotations:

Commencement Information

I49Sch. 5 para. 107 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

108In 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 ”.

Annotations:

Commencement Information

I50Sch. 5 para. 108 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

109In 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 ”.

Annotations:

Commencement Information

I51Sch. 5 para. 109 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

110In section 67 (intervention to protect legitimate interests), in subsections (2) and (8), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Annotations:

Commencement Information

I52Sch. 5 para. 110 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

111In section 68 (scheme for protecting legitimate interests), in subsection (4)—

(a)in paragraph (b), for “OFT” substitute “ CMA ”,

(b)in paragraph (c), for “to the Commission” substitute “ to the chair of the CMA for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 ”, and

(c)in paragraph (d), for “the Commission” substitute “ the CMA, acting through a group so constituted, ”.

Annotations:

Commencement Information

I53Sch. 5 para. 111 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

112In section 72 (initial enforcement orders), in subsections (2), (6) and (7), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Annotations:

Commencement Information

I54Sch. 5 para. 112 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

113In 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 ”.

Annotations:

Commencement Information

I55Sch. 5 para. 113 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

114In section 74 (effect of undertakings under section 73), in subsections (1), (2) and (5), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Annotations:

Commencement Information

I56Sch. 5 para. 114 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

115In 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 ”.

Annotations:

Commencement Information

I57Sch. 5 para. 115 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

116(1)Section 76 (supplementary interim order-making power) is amended as followsE+W+S+N.I.

(2)In subsection (1)—

(a)in paragraph (a), for “OFT” substitute “ CMA ”, and

(b)in paragraph (b), for “Commission” substitute “ CMA ”.

(3)In subsections (2), (3), (4) and (7), for “OFT or (as the case may be) the Commission” (in each place where it occurs) substitute “ CMA ”.

Annotations:

Commencement Information

I58Sch. 5 para. 116 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

117In 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 ”.

Annotations:

Commencement Information

I59Sch. 5 para. 117 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

118In section 78 (restrictions on certain dealings: anticipated mergers), in subsections (2) to (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Annotations:

Commencement Information

I60Sch. 5 para. 118 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

119(1)Section 79 (sections 77 and 78: further interpretation provisions) is amended as follows.E+W+S+N.I.

(2)In subsection (1), for “Commission” (in each place where it occurs) substitute “ CMA ”.

(3)In subsection (4), for “OFT” substitute “ CMA ”.

Annotations:

Commencement Information

I61Sch. 5 para. 119 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

120(1)Section 80 (interim undertakings) is amended as follows.E+W+S+N.I.

(2)In subsections (2), (5) and (9), for “Commission” (in each place where it occurs) substitute “ CMA ”.

(3)In subsection (10), for “Commission's” substitute “CMA's”.

Annotations:

Commencement Information

I62Sch. 5 para. 120 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

121(1)Section 81 (interim orders) is amended as follows.E+W+S+N.I.

(2)In subsection (2), for “Commission” (in each place where it occurs) substitute “ CMA ”.

(3)In subsection (9), for “Commission” substitute “ CMA ”.

Annotations:

Commencement Information

I63Sch. 5 para. 121 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

122In section 82 (final undertakings), in subsections (1), (2) and (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Annotations:

Commencement Information

I64Sch. 5 para. 122 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

123(1)Section 83 (order-making powers where final undertakings not fulfilled) is amended as follows.E+W+S+N.I.

(2)In subsection (1), in the words before paragraph (a), for “Commission” substitute “ CMA ”.

(3)In that subsection, in paragraph (b)—

(a)for “Commission or the OFT” substitute “ CMA ”, and

(b)for “Commission decided” substitute “ CMA decided ”.

(4)In subsections (2) and (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.

(5)Omit subsection (6).

Annotations:

Commencement Information

I65Sch. 5 para. 123 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

124(1)Section 84 (final orders) is amended as follows.E+W+S+N.I.

(2)In subsections (1) and (2), for “Commission” (in each place where it occurs) substitute “ CMA ”.

(3)Omit subsection (4).

Annotations:

Commencement Information

I66Sch. 5 para. 124 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

125In section 85 (enforcement regime for public interest and special interest cases), in subsection (2), for “OFT” substitute “ CMA ”.

Annotations:

Commencement Information

I67Sch. 5 para. 125 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

126(1)Section 91 (register of undertakings and orders) is amended as follows.E+W+S+N.I.

(2)In subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

(3)In subsection (3)—

(a)in the words before paragraph (a), for “OFT” substitute “ CMA ”, and

(b)in paragraph (d), for “Commission” substitute “ CMA ”.

(4)In subsection (4), for “OFT” substitute “ CMA ”.

(5)In subsection (5)—

(a)for “Commission and the Secretary of State” substitute “ Secretary of State ”,

(b)for “OFT” substitute “ CMA ”, and

(c)for “by them” (in each place where it occurs) substitute “ by the Secretary of State ”.

(6)In subsections (6) and (7), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Annotations:

Commencement Information

I68Sch. 5 para. 126 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

127In the italic cross-heading preceding section 92, for “OFT” substitute “ CMA ”.

Annotations:

Commencement Information

I69Sch. 5 para. 127 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

128(1)Section 92 (duty to monitor undertakings and orders) is amended as follows.E+W+S+N.I.

(2)In subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

(3)In subsection (3)—

(a)in the words before paragraph (a)—

(i)for “OFT” substitute “ CMA ”, and

(ii)omit “the Commission or (as the case may be)”,

(b)in paragraph (a)—

(i)omit “the Commission or (as the case may be)”, and

(ii)omit “it (or as the case may be)”, and

(c)in paragraphs (b) to (d), omit “the Commission or (as the case may be)” (in each place where it occurs).

(4)In subsections (4) to (6), for “OFT” (in each place where it occurs) substitute “ CMA ”.

(5)In subsection (7)—

(a)in the words before paragraph (a), for “OFT” substitute “ CMA ”,

(b)omit paragraph (a), and

(c)in paragraph (b), for “the report” substitute “ any report prepared by it under subsection (6) ”.

(6)In the heading, for “OFT” substitute “ CMA ”.

Annotations:

Commencement Information

I70Sch. 5 para. 128 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

129(1)Section 93 (further role in relation to undertakings and orders) is amended as follows.E+W+S+N.I.

(2)In subsection (1), omit paragraph (a) and the word “or” immediately following it.

(3)In subsection (2)—

(a)for the words from the beginning to “authority”)” substitute “ The Secretary of State ”,

(b)for “OFT” substitute “ CMA ”,

(c)for “relevant authority” (in each place where it occurs) substitute “ Secretary of State ”, and

(d)omit “section 80 or 82 or (as the case may be)”.

(4)In subsection (3)—

(a)for “relevant authority” (in each place where it occurs) substitute “ Secretary of State ”,

(b)for “OFT” substitute “ CMA ”, and

(c)for “OFT's” substitute “CMA's”.

(5)In subsection (4)—

(a)for “OFT” substitute “ CMA ”,

(b)for “relevant authority” substitute “ Secretary of State ”, and

(c)omit “section 80 or 82 or (as the case may be)”.

(6)In subsection (6)—

(a)for “relevant authority” substitute “ Secretary of State ”, and

(b)for “OFT” substitute “ CMA ”.

(7)In the heading, for “OFT” substitute “ CMA ”.

Annotations:

Commencement Information

I71Sch. 5 para. 129 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

130(1)Section 94 (rights to enforce undertakings and orders) is amended as follows.E+W+S+N.I.

(2)In subsection (6), for “OFT” substitute “ CMA ”.

(3)Omit subsection (7).

Annotations:

Commencement Information

I72Sch. 5 para. 130 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

131(1)Section 95 (rights to enforce statutory restrictions) is amended as follows.E+W+S+N.I.

(2)In subsection (4), for “OFT or the Commission” substitute “ CMA ”.

(3)In subsection (5), for “OFT” substitute “ CMA ”.

Annotations:

Commencement Information

I73Sch. 5 para. 131 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

132(1)Section 96 (merger notices) is amended as follows.E+W+S+N.I.

(2)In subsection (1), for “OFT” substitute “ CMA ”.

(3)In subsection (5), for “OFT” substitute “ CMA ”.

Annotations:

Commencement Information

I74Sch. 5 para. 132 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

133(1)Section 99 (certain functions in relation to merger notices) is amended as follows.E+W+S+N.I.

(2)In subsection (1), for “OFT” (in each place where it occurs) substitute “ CMA ”.

(3)In subsection (5), for “OFT” (in each place where it occurs) substitute “ CMA ”.

(4)In the heading, for “OFT and Secretary of State” substitute “ CMA ”.

Annotations:

Commencement Information

I75Sch. 5 para. 133 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

134In section 100 (exceptions to protection given by merger notices), in subsection (1), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Annotations:

Commencement Information

I76Sch. 5 para. 134 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

135(1)Section 104 (certain duties of relevant authorities to consult) is amended as follows.E+W+S+N.I.

(2)In subsection (6), in the definition of “relevant authority” for “OFT, the Commission” substitute “ CMA ”.

(3)In that subsection, in the definition of “relevant decision”—

(a)for “OFT” (in each place where it occurs) substitute “ CMA ”,

(b)in paragraph (a), after sub-paragraph (ii) insert ; or

(iii)on the questions mentioned in section 35(1) or (3), 36(1) or (2), 47 or 63;, and

(c)omit paragraph (b).

Annotations:

Commencement Information

I77Sch. 5 para. 135 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

136In section 104A (public consultation in relation to media mergers), in subsections (1) to (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Annotations:

Commencement Information

I78Sch. 5 para. 136 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

137(1)Section 105 (general information duties) is amended as follows.E+W+S+N.I.

(2)In subsection (1), for “OFT” substitute “ CMA ”.

(3)In subsection (3)—

(a)in the words before paragraph (a)—

(i)for “OFT” substitute “ CMA ”, and

(ii)omit “Commission or”,

(b)in paragraph (a), omit “the Commission or (as the case may be)” (in each place where it occurs), and

(c)in paragraph (b)—

(i)omit “the Commission or (as the case may be)”, and

(ii)for “OFT” substitute “ CMA ”.

(4)In subsection (3A)—

(a)in the words before paragraph (a), for “Commission or the OFT” substitute “ CMA ”, and

(b)for “Commission or (as the case may be) the OFT” (in each place where it occurs) substitute “ CMA ”.

(5)In subsection (4)—

(a)for “OFT” (in each place where it occurs) substitute “ CMA ”,

(b)for “the Commission or OFCOM” substitute “ OFCOM ”, and

(c)omit “the Commission or (as the case may be)” (in each place where it occurs).

(6)In subsection (4A)—

(a)for “Commission or the OFT” substitute “ CMA ”, and

(b)for “Commission or (as the case may be) the OFT” (in each place where it occurs) substitute “ CMA ”.

(7)In subsection (5)—

(a)in the words before paragraph (a), for “OFT, OFCOM and the Commission” substitute “ CMA and OFCOM ”, and

(b)in paragraph (b), for “OFT, OFCOM or (as the case may be) the Commission” substitute “ CMA or (as the case may be) OFCOM ”.

(8)In subsection (6), for “OFT” (in each place where it occurs) substitute “ CMA ”.

(9)In subsection (7)—

(a)for “Commission” substitute “ CMA ”, and

(b)for “(3), (3A), (4) or (4A)” substitute “ (3A) or (4A) ”.

(10)In subsection (7A), omit the words from “and the OFT” to the end of the subsection.

(11)In the heading, for “OFT and Commission” substitute “ CMA ”.

Annotations:

Commencement Information

I79Sch. 5 para. 137 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

138(1)Section 106 (advice and information about references under sections 22 and 33) is amended as follows.E+W+S+N.I.

(2)In subsection (1)—

(a)omit “As soon as reasonably practicable after the passing of this Act,”,

(b)for “the OFT” substitute “ The CMA ”, and

(c)for the words from “the making” to the end of the subsection substitute

(a)the making and consideration by it of references under section 22 or 33, and

(b)the way in which relevant customer benefits may affect the taking of enforcement action in relation to such references.

(3)In subsection (2), for “OFT” substitute “ CMA ”.

(4)Omit subsections (3) and (4).

(5)In subsection (5), in paragraph (b), for “OFT or (as the case may be) the Commission” substitute “ CMA ”.

(6)In subsection (6)—

(a)omit “or (3)”, and

(b)for “OFT or (as the case may be) the Commission” substitute “ CMA ”.

(7)In subsection (7)—

(a)for “OFT or the Commission” substitute “ CMA ”, and

(b)for “OFT or (as the case may be) the Commission” substitute “ CMA ”.

(8)In subsection (8), for “OFT shall consult the Commission and such other persons” substitute “ CMA shall consult such persons ”.

(9)Omit subsection (9).

Annotations:

Commencement Information

I80Sch. 5 para. 138 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

139In section 106A (advice and information in relation to media mergers), in subsection (5), for “OFT, OFCOM, the Commission” substitute “ CMA, OFCOM ”.

Annotations:

Commencement Information

I81Sch. 5 para. 139 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

140In section 106B (general advisory duties of OFCOM), in subsections (1) and (3), for “Commission” substitute “ CMA ”.

Annotations:

Commencement Information

I82Sch. 5 para. 140 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

141(1)Section 107 (further publicity requirements) is amended as follows.E+W+S+N.I.

(2)In subsection (1)—

(a)for “OFT” substitute “ CMA ”,

(b)in paragraph (e), omit “or 76”, and

(c)omit paragraphs (g) and (h).

(3)In subsection (2), for “Commission shall” substitute “ CMA shall also ”.

(4)In subsection (3)—

(a)in paragraph (b), for “OFT” substitute “ CMA ”, and

(b)in paragraph (e), for “Commission” substitute “ CMA ”.

(5)In subsection (9)—

(a)in paragraph (a), for “OFT” substitute “ CMA ”, and

(b)in paragraph (b), for “Commission” substitute “ CMA ”.

(6)In subsection (10)—

(a)in paragraph (a), for “OFT” substitute “ CMA ”, and

(b)in paragraph (b), for “Commission” substitute “ CMA ”.

(7)In subsection (11), for “Commission's” substitute “CMA's”.

Annotations:

Commencement Information

I83Sch. 5 para. 141 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

142In section 108 (defamation), for “OFT, OFCOM, the Commission” substitute “ CMA, OFCOM ”.

Annotations:

Commencement Information

I84Sch. 5 para. 142 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

143In section 109 (attendance of witnesses and production of documents etc.), in subsection (3)(a), for “the Commission” substitute “ the CMA ”.

Annotations:

Commencement Information

I85Sch. 5 para. 143 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

144In 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 ”.

Annotations:

Commencement Information

I86Sch. 5 para. 144 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

145In section 111 (penalties), in subsections (1), (5) and (8), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Annotations:

Commencement Information

I87Sch. 5 para. 145 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

146In section 112 (penalties: main procedural requirements), in subsections (1) to (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Annotations:

Commencement Information

I88Sch. 5 para. 146 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

147In section 113 (payment and interest by instalments), in subsections (3) and (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Annotations:

Commencement Information

I89Sch. 5 para. 147 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

148In section 114 (appeals in relation to penalties), in subsections (4), (5) and (7), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Annotations:

Commencement Information

I90Sch. 5 para. 148 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

149In section 115 (recovery of penalties), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Annotations:

Commencement Information

I91Sch. 5 para. 149 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

150In section 116 (statement of policy), in subsections (1), (3) and (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Annotations:

Commencement Information

I92Sch. 5 para. 150 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

151In 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 ”.

Annotations:

Commencement Information

I93Sch. 5 para. 151 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

152(1)Section 118 (excisions from reports) is amended as follows.E+W+S+N.I.

(2)In subsection (1)—

(a)in paragraph (a), for “OFT” substitute “ CMA ”, and

(b)in paragraph (b), for “Commission” substitute “ CMA ”.

(3)In subsection (5), for “Commission” substitute “ CMA ”.

Annotations:

Commencement Information

I94Sch. 5 para. 152 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

153(1)Section 119 (minority reports) is amended as follows.E+W+S+N.I.

(2)In subsection (1)—

(a)omit “in pursuance of paragraph 15 of Schedule 7 to the Competition Act 1998 (c. 41)”, and

(b)for “Commission” (in each place where it occurs) substitute “ CMA ”.

(3)In the heading, for “Commission” substitute “ CMA ”.

Annotations:

Commencement Information

I95Sch. 5 para. 153 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

154(1)Section 119B (monitoring role in relation to media mergers) is amended as follows.E+W+S+N.I.

(2)In subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

(3)In the heading, for “OFT” substitute “ CMA ”.

Annotations:

Commencement Information

I96Sch. 5 para. 154 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

155In section 120 (review of decisions under Part 3), in subsection (1)—

(a)for “OFT” substitute “ CMA ”, and

(b)for “the Secretary of State or the Commission” substitute “ or the Secretary of State ”.

Annotations:

Commencement Information

I97Sch. 5 para. 155 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

156(1)Section 121 (fees) is amended as follows.E+W+S+N.I.

(2)In subsection (1)—

(a)for “OFT of” substitute “ CMA of ”, and

(b)for “OFT, OFCOM and the Commission” substitute “ CMA and OFCOM ”.

(3)In subsections (3), (4) and (7), for “OFT” (in each place where it occurs) substitute “ CMA ”.

(4)In subsection (8)—

(a)for “OFT in” substitute “ CMA in ”, and

(b)for “OFT, OFCOM and the Commission” substitute “ CMA and OFCOM ”.

(5)In subsection (9), for “OFT” substitute “ CMA ”.

Annotations:

Commencement Information

I98Sch. 5 para. 156 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

157(1)Section 122 (primacy of EU law) is amended as follows.E+W+S+N.I.

(2)In subsection (1)—

(a)omit “or (3)”, and

(b)for “OFT or (as the case may be) the Commission” substitute “ CMA ”.

(3)In subsection (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Annotations:

Commencement Information

I99Sch. 5 para. 157 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

158Section 123 (power to alter share of supply test), in subsection (4), for “OFT and the Commission” substitute “ CMA ”.

Annotations:

Commencement Information

I100Sch. 5 para. 158 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

159(1)Section 130 (index of defined expressions) is amended as follows.E+W+S+N.I.

(2)At the appropriate place in the table insert—

The CMASection 273

(3)Omit the entries in the table for “The Commission” and “The OFT”.

(4)In the first column of the entry for “Reports of the Commission”, for “Commission” substitute “ CMA ”.

Annotations:

Commencement Information

I101Sch. 5 para. 159 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

160(1)Schedule 7 (enforcement regime for public interest and special interest cases) is amended as follows.E+W+S+N.I.

(2)In paragraph 2, in sub-paragraphs (2), (10) and (11), for “OFT” (in each place where it occurs) substitute “ CMA ”.

(3)In paragraph 3, in sub-paragraph (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.

(4)In paragraph 4, in sub-paragraphs (2) and (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.

(5)In paragraph 5, in sub-paragraphs (1) and (6), for “OFT” (in each place where it occurs) substitute “ CMA ”.

(6)In paragraph 7, in sub-paragraphs (8) and (9), for “Commission” (in each place where it occurs) substitute “ CMA ”.

(7)In paragraph 8—

(a)in sub-paragraphs (7) and (8), for “Commission” (in each place where it occurs) substitute “ CMA ”, and

(b)in sub-paragraph (11), for “OFT” substitute “ CMA ”.

(8)In paragraph 10, in sub-paragraphs (1) and (6), for “OFT” (in each place where it occurs) substitute “ CMA ”.

(9)In paragraph 11, in sub-paragraph (5), for “OFT” substitute “ CMA ”.

Annotations:

Commencement Information

I102Sch. 5 para. 160 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

161(1)Schedule 8 (provision that may be contained in certain enforcement orders) is amended as follows.E+W+S+N.I.

(2)In paragraph 8, in sub-paragraph (3), for “Commission” substitute “ CMA ”.

(3)In paragraph 19, for “OFT” (in each place where it occurs) substitute “ CMA ”.

(4)In paragraph 24 —

(a)omit paragraph (a), and

(b)in paragraph (b), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Annotations:

Commencement Information

I103Sch. 5 para. 161 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

162In Schedule 10 (procedural requirements for certain enforcement undertakings and orders), in paragraph 2(1), for “the OFT, the Commission” substitute “ the CMA ”.

Annotations:

Commencement Information

I104Sch. 5 para. 162 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

Part 4E+W+S+N.I.

163(1)Section 131 (power to make market investigation references) is amended as follows.E+W+S+N.I.

(2)In subsection (1), for the words before “has reasonable grounds” substitute “ The CMA may, subject to subsection (4), make a reference to its chair for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 if the CMA ”.

(3)In the heading, for “OFT” substitute “ CMA ”.

Annotations:

Commencement Information

I105Sch. 5 para. 163 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

164(1)Section 132 (ministerial power to make market investigation references) is amended as follows.E+W+S+N.I.

(2)In subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

(3)In subsection (3), for “Commission” substitute “ chair of the CMA for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 ”.

Annotations:

Commencement Information

I106Sch. 5 para. 164 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

165In section 133 (contents of references), in subsection (2), for “Commission” substitute “ group constituted by the chair of the CMA in respect of the reference ”.

Annotations:

Commencement Information

I107Sch. 5 para. 165 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

166Before section 134 (but after the italic cross-heading immediately preceding it) insert—

133AFunctions to be exercised by CMA groups

(1)Where a reference is made to the chair of the CMA under section 131, 132 or 140A for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, the functions of the CMA under or by virtue of the following provisions of this Part in relation to the matter concerned are to be carried out on behalf of the CMA by the group so constituted—

(a)sections 134 to 138B, except for section 135(1);

(b)sections 140B to 145, 148, 148A and 151;

(c)sections 157 and 158;

(d)section 159;

(e)section 160, except for subsection (6) of that section;

(f)section 161, except for subsection (5) of that section;

(g)section 162(4), so far as relating to an enforcement undertaking or enforcement order made on behalf of the CMA by the group;

(h)section 164(2)(b), so far as relating to an enforcement order made on behalf of the CMA by the group;

(i)section 167, so far as relating to an enforcement undertaking or enforcement order made on behalf of the CMA by the group;

(j)section 168;

(k)section 169, so far as relating to a decision mentioned in paragraph (a)(iii) of the definition of relevant decision in subsection (6) of that section;

(l)section 172, so far as relating to anything done on behalf of the CMA by the group;

(m)section 174, where the permitted purpose in question relates to a function that (by virtue of this section) is being or is to be carried out on behalf of the CMA by the group;

(n)sections 174A to 174D, so far as relating to a notice given under section 174 on behalf of the CMA by the group;

(o)section 179(5)(b), so far as relating to a decision of the group;

(p)Schedule 10, so far as relating to an enforcement undertaking or enforcement order which the group is considering accepting or making, or which the group has accepted or made, on behalf of the CMA.

(2)Nothing in subsection (1) prevents the CMA Board from carrying out a function of the CMA under or by virtue of the following provisions of this Part where the group constituted as mentioned in subsection (1) has ceased to exist—

(a)section 160 and Schedule 10, so far as relating to the making of an order under section 160;

(b)sections 159 to 161 and Schedule 10, so far as relating to the variation, supersession or release of enforcement undertakings or the variation or revocation of enforcement orders;

(c)section 162(4);

(d)section 164(2)(b);

(e)section 167.

Annotations:

Commencement Information

I108Sch. 5 para. 166 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

167(1)Section 134 (questions to be decided on market investigation references) is amended as follows.E+W+S+N.I.

(2)In subsections (1), (4), (6) and (7), for “Commission” (in each place where it occurs) substitute “ CMA ”.

(3)In subsection (8)(b), for “Commission, the Secretary of State or (as the case may be) the OFT” substitute “ CMA or (as the case may be) the Secretary of State ”.

Annotations:

Commencement Information

I109Sch. 5 para. 167 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

168(1)Section 135 (variation of references) is amended as follows.E+W+S+N.I.

(2)In subsection (1), for “OFT” substitute “ CMA ”.

(3)In subsection (2)—

(a)omit “OFT or (as the case may be) the”,

(b)for “Commission” substitute “ CMA ”, and

(c)after “reference” insert “ made by him ”.

(4)In subsection (3), for “Commission” substitute “ CMA ”.

Annotations:

Commencement Information

I110Sch. 5 para. 168 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

169(1)Section 136 (investigations and reports on market investigation references) is amended as follows.E+W+S+N.I.

(2)In subsections (1) to (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.

(3)For subsection (4) substitute—

(4)Where a reference has been made by the appropriate Minister under section 132 the CMA shall, at the same time as the report under this section is published, give it to the appropriate Minister.

(4)In subsection (5)—

(a)for “OFT” substitute “ CMA ”, and

(b)for “Commission” substitute “ CMA ”.

(5)Omit subsection (6).

Annotations:

Commencement Information

I111Sch. 5 para. 169 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

170In 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 ”.

Annotations:

Commencement Information

I112Sch. 5 para. 170 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

171In section 138 (duty to remedy adverse effects), in subsections (1) to (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Annotations:

Commencement Information

I113Sch. 5 para. 171 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

172In section 139 (public interest intervention by the Secretary of State), in subsection (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Annotations:

Commencement Information

I114Sch. 5 para. 172 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

173In section 140 (intervention notices under section 139(1)), in subsection (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Annotations:

Commencement Information

I115Sch. 5 para. 173 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

174In section 141 (questions to be decided), in subsections (2) and (3) to (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Annotations:

Commencement Information

I116Sch. 5 para. 174 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

175(1)Section 142 (investigations and reports) is amended as follows.E+W+S+N.I.

(2)In subsections (2) and (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.

(3)In the heading, for “Commission” substitute “ CMA ”.

Annotations:

Commencement Information

I117Sch. 5 para. 175 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

176In section 143 (publication etc. of reports), in subsections (1), (3) and (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Annotations:

Commencement Information

I118Sch. 5 para. 176 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

177In 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 ”.

Annotations:

Commencement Information

I119Sch. 5 para. 177 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

178In section 145 (restrictions where public interest considerations not finalised), in subsections (1) to (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Annotations:

Commencement Information

I120Sch. 5 para. 178 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

179In section 146 (decision of Secretary of State), in subsections (2) to (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Annotations:

Commencement Information

I121Sch. 5 para. 179 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

180In section 147 (remedial action by Secretary of State), in subsections (3) and (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Annotations:

Commencement Information

I122Sch. 5 para. 180 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

181(1)Section 148 (reversion of the matter) is amended as follows.E+W+S+N.I.

(2)In subsections (1), (2), (6), (7) and (9), for “Commission” (in each place where it occurs) substitute “ CMA ”.

(3)In subsection (10), for “Commission's” substitute “CMA's”.

Annotations:

Commencement Information

I123Sch. 5 para. 181 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

182In section 149 (intervention notices under section 139(2)), in subsections (1) and (5), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Annotations:

Commencement Information

I124Sch. 5 para. 182 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

183(1)Section 150 (power of veto of Secretary of State) is amended as follows.E+W+S+N.I.

(2)In subsections (1) and (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.

(3)In subsection (4), for “OFT's” substitute “CMA's”.

Annotations:

Commencement Information

I125Sch. 5 para. 183 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

184(1)Section 151 (further interaction of intervention notices with general procedure) is amended as follows.E+W+S+N.I.

(2)In subsection (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.

(3)In subsection (4), for “Commission” (in the first place where it occurs) substitute “ CMA ”.

(4)In subsection (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Annotations:

Commencement Information

I126Sch. 5 para. 184 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

185(1)Section 152 (certain duties in relation to providing information) is amended as follows.E+W+S+N.I.

(2)In subsection (1), for “OFT” substitute “ CMA ”.

(3)In subsection (3)—

(a)for “OFT and the Commission” substitute “ CMA ”, and

(b)for “OFT or (as the case may be) the Commission” substitute “ CMA ”.

(4)In the heading, for “OFT and Commission” substitute “ CMA ”.

Annotations:

Commencement Information

I127Sch. 5 para. 185 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

186In section 153 (specified considerations for purposes of Part 4), in subsection (4)—

(a)for “OFT” substitute “ CMA ”,

(b)for “by the Secretary of State,” substitute “ by the Secretary of State or ”, and

(c)omit “or by the Commission”.

Annotations:

Commencement Information

I128Sch. 5 para. 186 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

187In section 154 (undertakings in lieu of market investigation references), in subsections (1) to (7), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Annotations:

Commencement Information

I129Sch. 5 para. 187 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

188In 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 ”.

Annotations:

Commencement Information

I130Sch. 5 para. 188 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

189In section 156 (effect of undertakings under section 154), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Annotations:

Commencement Information

I131Sch. 5 para. 189 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

190In section 159 (final undertakings: Part 4), in subsections (1), (5) and (6) for “Commission” (in each place where it occurs) substitute “ CMA ”.

Annotations:

Commencement Information

I132Sch. 5 para. 190 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

191(1)Section 160 (order-making power where final undertakings not fulfilled: Part 4) is amended as follows.E+W+S+N.I.

(2)In subsection (1)(b), for “the relevant authority or the OFT” substitute “ a relevant person ”.

(3)After subsection (1) insert—

(1A)In subsection (1), a “relevant person” means—

(a)in a case where the relevant authority is the CMA, the CMA;

(b)in a case where the relevant authority is the Secretary of State, the Secretary of State or the CMA.

(4)In subsection (6), for the words from the beginning to “OFT” substitute “ The Secretary of State shall not vary or revoke an order made by him under this section unless the CMA ”.

(5)In subsection (7), in paragraph (a), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Annotations:

Commencement Information

I133Sch. 5 para. 191 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

192(1)Section 161 (final orders: Part 4) is amended as follows.E+W+S+N.I.

(2)In subsection (1), for “Commission” substitute “ CMA ”.

(3)In subsection (5), for the words from the beginning to “OFT” substitute “ The Secretary of State shall not vary or revoke an order made by him under this section unless the CMA ”.

Annotations:

Commencement Information

I134Sch. 5 para. 192 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

193For the italic cross-heading before section 162 substitute “ Undertakings and orders: monitoring, consultation and advice ”.

Annotations:

Commencement Information

I135Sch. 5 para. 193 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

194(1)Section 162 (duty to monitor undertakings and orders: Part 4) is amended as follows.E+W+S+N.I.

(2)In subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

(3)In subsection (3)—

(a)in the words before paragraph (a)—

(i)for “OFT” substitute “ CMA ”, and

(ii)omit “the Commission or (as the case may be)”,

(b)in paragraph (a)—

(i)omit “the Commission or (as the case may be)”, and

(ii)omit “it (or as the case may be)”,

(c)in paragraphs (b) to (d), omit “the Commission or (as the case may be)” (in each place where it occurs), and

(d)in paragraph (e), for “167(6) to (8)” substitute “ 167(6) and (7) ”.

(4)In subsection (4)—

(a)in the words before paragraph (a), for “OFT” substitute “ CMA ”, and

(b)after paragraph (b) (but before the “or” following it) insert—

(ba)any possible variation or release by it of an enforcement undertaking accepted by it;

(bb)any possible new enforcement undertaking to be accepted by it so as to supersede another enforcement undertaking given to it;

(bc)any possible variation or revocation by it of an enforcement order made by it;

(bd)any possible enforcement undertaking to be accepted by it instead of an enforcement order or any possible enforcement order to be made by it instead of an enforcement undertaking;.

(5)In subsections (5) and (6), for “OFT” (in each place where it occurs) substitute “ CMA ”.

(6)In subsection (7)—

(a)in the words before paragraph (a), for “OFT” substitute “ CMA ”,

(b)omit paragraph (a), and

(c)in paragraph (b), for “the report” substitute “ any report prepared by it under subsection (6) ”.

(7)In the heading, for “OFT” substitute “ CMA ”.

Annotations:

Commencement Information

I136Sch. 5 para. 194 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

195(1)Section 163 (further role in relation to undertakings and orders: Part 4) is amended as follows.E+W+S+N.I.

(2)In subsection (1)—

(a)omit “the Commission or”, and

(b)omit “(in this section “the relevant authority”)”.

(3)In subsection (2)—

(a)for “relevant authority” (in each place where it occurs) substitute “ Secretary of State ”, and

(b)for “OFT” substitute “ CMA ”.

(4)In subsection (3)—

(a)for “relevant authority” (in each place where it occurs) substitute “ Secretary of State ”,

(b)for “OFT” substitute “ CMA ”, and

(c)for “OFT's” substitute “CMA's”.

(5)In subsection (4)—

(a)for “OFT” substitute “ CMA ”, and

(b)for “relevant authority” substitute “ Secretary of State ”.

(6)In subsection (5)—

(a)for “relevant authority” (in each place where it occurs) substitute “ Secretary of State ”, and

(b)omit “itself”.

(7)In subsection (6)—

(a)for “relevant authority” substitute “ Secretary of State ”, and

(b)for “OFT” substitute “ CMA ”.

(8)For the heading substitute “ Role of CMA in relation to undertakings and orders in public interest cases: Part 4 ”.

Annotations:

Commencement Information

I137Sch. 5 para. 195 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

196(1)Section 166 (register of undertakings and orders: Part 4) is amended as follows.E+W+S+N.I.

(2)In subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

(3)In subsection (3)—

(a)in the words before paragraph (a), for “OFT” substitute “ CMA ”,

(b)in paragraph (a), omit “(whether by the Commission, the Secretary of State or a relevant sectoral regulator)”, and

(c)in paragraph (b), omit “(whether by the Commission, the Secretary of State or a relevant sectoral regulator)”.

(4)In subsection (4), for “OFT” substitute “ CMA ”.

(5)In subsection (5)—

(a)omit “Commission, the”, and

(b)for “OFT” substitute “ CMA ”.

(6)In subsections (6) and (7), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Annotations:

Commencement Information

I138Sch. 5 para. 196 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

197(1)Section 167 (rights to enforce undertakings and orders under this Part) is amended as follows.E+W+S+N.I.

(2)In subsection (6), for “OFT” substitute “ CMA ”.

(3)In subsection (7)—

(a)after “accepted” insert “ by the Secretary of State ”,

(b)after “an order” insert “ made by the Secretary of State ”, and

(c)for “relevant authority” substitute “ Secretary of State ”.

(4)Omit subsection (8).

(5)In subsection (9), for “(6) to (8)” substitute “ (6) and (7) ”.

Annotations:

Commencement Information

I139Sch. 5 para. 197 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

198In section 168 (regulated markets), in subsections (1), (2), (6) and (7), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Annotations:

Commencement Information

I140Sch. 5 para. 198 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

199In section 169 (certain duties of relevant authorities to consult: Part 4), in subsection (6)—

(a)in the definition of “relevant authority”, for “OFT, the appropriate Minister or the Commission” substitute “ CMA, the appropriate Minister ”,

(b)in the definition of “relevant decision”, in paragraph (a), in the opening words, for “OFT” (in each place where it occurs) substitute “ CMA ”,

(c)also in that paragraph of that definition, after sub-paragraph (ii) insert ; or—

(iii)on the questions mentioned in section 134, 141 or 141A; and, and

(d)also in that definition, omit paragraph (c) and the word “and” preceding it.

Annotations:

Commencement Information

I141Sch. 5 para. 199 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

200(1)Section 170 (general information duties) is amended as follows.E+W+S+N.I.

(2)Omit subsections (1) and (2).

(3)In subsection (3)—

(a)in the words before paragraph (a), for “OFT and the Commission” substitute “ CMA ”,

(b)in paragraph (a), for “their possession” substitute “ its possession ”, and

(c)in paragraph (b), for “OFT (or as the case may be) the Commission” substitute “ CMA ”.

(4)In subsection (4), for “OFT” (in each place where it occurs) substitute “ CMA ”.

(5)In subsection (5), omit the words from the beginning to “and the Secretary of State” and insert “ The Secretary of State ”.

Annotations:

Commencement Information

I142Sch. 5 para. 200 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

201(1)Section 171 (advice and information: Part 4) is amended as follows.E+W+S+N.I.

(2)In subsection (1)—

(a)omit “As soon as reasonably practicable after the passing of this Act,”,

(b)for “the OFT” substitute “ The CMA ”, and

(c)for “the making of references by it under section 131” substitute

(a)the making and consideration by it of market investigation references, and

(b)the way in which relevant customer benefits may affect the taking of enforcement action in relation to such references.

(3)In subsection (2), for “OFT” substitute “ CMA ”.

(4)Omit subsections (3) and (4).

(5)In subsection (5)(b), for “OFT or (as the case may be) the Commission” substitute “ CMA ”.

(6)In subsection (6)—

(a)omit “or (3)”, and

(b)for “OFT or (as the case may be) the Commission” substitute “ CMA ”.

(7)In subsection (7)—

(a)omit “or (3)”, and

(b)for “OFT or (as the case may be) the Commission” substitute “ CMA ”.

(8)In subsection (8)—

(a)for “OFT or the Commission” substitute “ CMA ”, and

(b)for “OFT or (as the case may be) the Commission” substitute “ CMA ”.

(9)In subsection (9), for “OFT shall consult the Commission and such other persons” substitute “ CMA shall consult such persons ”.

(10)Omit subsection (10).

Annotations:

Commencement Information

I143Sch. 5 para. 201 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

202(1)Section 172 (further publicity requirements: Part 4) is amended as follows.E+W+S+N.I.

(2)In subsection (1), for “OFT” substitute “ CMA ”.

(3)In subsection (2), for “Commission shall” substitute “ CMA shall also ”.

(4)In subsection (10), for “Commission's” substitute “CMA's”.

Annotations:

Commencement Information

I144Sch. 5 para. 202 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

203In section 173 (defamation)—

(a)for “OFT” substitute “ CMA ”,

(b)for “by the Secretary of State,” substitute “ by the Secretary of State or ”, and

(c)omit “or by the Commission”.

Annotations:

Commencement Information

I145Sch. 5 para. 203 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

204In section 174 (investigatory powers), in subsections (3) to (5), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Annotations:

Commencement Information

I146Sch. 5 para. 204 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

205In section 177 (excisions from reports: Part 4), in subsections (1), (4) and (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Annotations:

Commencement Information

I147Sch. 5 para. 205 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

206(1)Section 178 (minority reports: Part 4) is amended as follows.E+W+S+N.I.

(2)In subsection (1)—

(a)omit “in pursuance of paragraph 15 of Schedule 7 to the Competition Act 1998 (c. 41)”, and

(b)for “Commission” (in each place where it occurs) substitute “ CMA ”.

(3)In the heading, for “Commission” substitute “ CMA ”.

Annotations:

Commencement Information

I148Sch. 5 para. 206 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

207In section 179 (review of decisions under Part 4), in subsection (1)—

(a)for “OFT” substitute “ CMA ”, and

(b)for “, the Secretary of State or the Commission” substitute “ or the Secretary of State ”.

Annotations:

Commencement Information

I149Sch. 5 para. 207 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

208In section 183 (interpretation of Part 4), in subsection (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Annotations:

Commencement Information

I150Sch. 5 para. 208 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

209(1)Section 184 (index of defined expressions: Part 4) is amended as follows.E+W+S+N.I.

(2)At the appropriate place in the table insert—

The CMASection 273

(3)Omit the entries in the table for “The Commission” and “The OFT”.

(4)In the first column of the entry in the table for “Reports of the Commission”, for “Commission” substitute “ CMA ”.

Annotations:

Commencement Information

I151Sch. 5 para. 209 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

Part 6E+W+S+N.I.

210In section 190 (cartel offence: prosecution), in subsections (2)(b) and (4), for “OFT” substitute “ CMA ”.

Annotations:

Commencement Information

I152Sch. 5 para. 210 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

211In section 192 (investigation of cartel offences), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Annotations:

Commencement Information

I153Sch. 5 para. 211 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

212In section 193 (powers when conducting an investigation), in subsections (1) to (4), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Annotations:

Commencement Information

I154Sch. 5 para. 212 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

213In section 194 (power to enter premises under a warrant), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Annotations:

Commencement Information

I155Sch. 5 para. 213 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

214In section 195 (exercise of powers by authorised person), in subsection (1), for “OFT” (in both places where it occurs) substitute “ CMA ”.

Annotations:

Commencement Information

I156Sch. 5 para. 214 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

215In section 196 (privileged information etc), in subsection (2)(b), for “OFT” substitute “ CMA ”.

Annotations:

Commencement Information

I157Sch. 5 para. 215 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

216In section 201 (offences), in subsection (4)(a), for “OFT” substitute “ CMA ”.

Annotations:

Commencement Information

I158Sch. 5 para. 216 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

Part 11E+W+S+N.I.

217(1)Section 273 (interpretation) is amended as follows.E+W+S+N.I.

(2)For the definition of “the Commission” substitute—

the CMA” means the Competition and Markets Authority;.

(3)Omit the definition of “the OFT”.

Annotations:

Commencement Information

I159Sch. 5 para. 217 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)