SCHEDULES
SCHEDULE 6Regulatory appeals etc: minor and consequential amendments
PART 1Amendments to Acts
Energy Act 2004 (c. 20)
I1107
1
Schedule 22 (procedure for appeals under section 173) is amended as follows.
2
In paragraph 1—
a
in sub-paragraph (1), for “Commission” substitute “
CMA
”
,
b
in sub-paragraph (8), for “Commission's” substitute “CMA's”,
c
in sub-paragraph (9)—
i
for “Commission's” substitute “CMA's”, and
ii
for “Commission” substitute “
CMA
”
, and
d
in sub-paragraph (12), for “the Commission must” substitute “
an authorised member of the CMA must
”
.
3
In paragraph 2, in sub-paragraphs (1), (2), (5) and (6), for “Commission” (in each place where it occurs) substitute “
CMA
”
.
4
In paragraph 3, in sub-paragraphs (1) and (5), for “Commission” (in each place where it occurs) substitute “
CMA
”
.
5
In paragraph 4, in sub-paragraph (1), for “Commission” substitute “
CMA
”
.
6
In paragraph 5—
a
omit sub-paragraph (1),
b
in sub-paragraph (2)—
i
after “group”, insert “
constituted by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 for the purpose of carrying out functions of the CMA with respect to an appeal under section 173
”
, and
ii
for “Commission” substitute “
CMA panel
”
,
c
omit sub-paragraphs (3) to (7), and
d
in sub-paragraph (8), for “a group” substitute “
the group
”
.
7
In paragraph 6—
a
in sub-paragraph (1), for the words from the beginning to “that appeal” substitute “
The CMA must determine an appeal
”
,
b
in sub-paragraph (2)—
i
for “group with the function of determining an appeal” substitute “
CMA
”
, and
ii
after “requirements” insert “
in respect of an appeal
”
, and
c
in sub-paragraph (3), for “Commission” substitute “
CMA
”
.
8
In paragraph 7—
a
for “The group with the function of determining an appeal” substitute “
The CMA
”
, and
b
for “determination of the appeal” substitute “
determination of an appeal
”
.
9
In paragraph 8—
a
in sub-paragraph (1), for “Commission” (in each place where it occurs) substitute “
CMA
”
,
b
in sub-paragraph (4)—
i
for “The Commission may take copies” substitute “
An authorised member of the CMA may, for the purpose of the exercise of the functions of the CMA, make arrangements for copies to be taken
”
, and
ii
omit “to it”, and
c
in sub-paragraph (5), for the words from “Commission's” to the end, substitute “
CMA's behalf by an authorised member of the CMA
”
.
10
In paragraph 9—
a
in sub-paragraph (2), for “Commission” substitute “
CMA
”
,
b
in sub-paragraph (5)(a), for “the Commission is not required” substitute “
there is no requirement
”
,
c
in sub-paragraph (7), for “the Commission must pay him” substitute “
an authorised member of the CMA must arrange for that person to be paid
”
, and
d
in sub-paragraph (8), for the words from “Commission's” to the end, substitute “
CMA's behalf by an authorised member of the CMA
”
.
11
In paragraph 10—
a
in sub-paragraph (1), for “Commission” substitute “
CMA
”
, and
b
in sub-paragraph (4), for the words from “Commission's” to the end, substitute “
CMA's behalf by an authorised member of the CMA
”
12
In paragraph 11, in sub-paragraph (1), for “a member of the Commission” substitute “
an authorised member of the CMA
”
.
13
In paragraph 12, in sub-paragraphs (1), (3) and (4), for “Commission” (in each place where it occurs) substitute “
CMA Board
”
.
14
In paragraph 13, in sub-paragraph (1), for “Commission” (in each place where it occurs) substitute “
CMA
”
.
15
In paragraph 15, in sub-paragraph (1)—
a
for the definition of “authorised member of the Commission” substitute—
“authorised member of the CMA”—
a
in relation to a power exercisable in connection with an appeal in respect of which a group has been constituted by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, means a member of that group who has been authorised by the chair of the CMA to exercise that power;
b
in relation to a power exercisable in connection with an application for permission to bring an appeal, or otherwise in connection with an appeal in respect of which a group has not been so constituted by the chair of the CMA, means—
i
any member of the CMA Board who is also a member of the CMA panel, or
ii
any member of the CMA panel authorised by the Secretary of State (whether generally or specifically) to exercise the power in question.
b
omit the definition of “the Chairman”,
c
for the definition of “the Commission” substitute—
“the CMA” means the Competition and Markets Authority;”
“CMA Board” and “CMA panel” have the same meaning as in Schedule 4 to the Enterprise and Regulatory Reform Act 2013;
d
omit the definition of “a group”.