SCHEDULES
SCHEDULE 6Regulatory appeals etc: minor and consequential amendments
PART 1Amendments to Acts
Civil Aviation Act 2012 (c. 19)
I1148
1
Schedule 2 (appeals under sections 24 and 25) is amended as follows.
2
In paragraph 2—
a
in sub-paragraph (1)—
i
for “Competition Commission's decision” substitute “
decision of the Competition and Markets Authority
”
, and
ii
for “the Commission” substitute “
the Competition and Markets Authority
”
,
b
in sub-paragraphs (5) and (6), for “Competition Commission” (in each place where it occurs) substitute “
Competition and Markets Authority
”
,
c
in sub-paragraph (7), for “The Competition Commission” substitute “
An authorised member of the Competition and Markets Authority
”
, and
d
in sub-paragraph (8), in paragraph (d), for “Commission” substitute “
authorised member
”
.
3
In paragraph 3, in sub-paragraph (1), for “Competition Commission” substitute “
Competition and Markets Authority
”
.
4
In paragraph 4—
a
in sub-paragraph (1), for “Competition Commission” substitute “
Competition and Markets Authority
”
,
b
in sub-paragraph (2), for “on which the Competition Commission publishes its” substitute “of publication of the Competition and Markets Authority's”, and
c
in sub-paragraph (3), for “Competition Commission” substitute “
Competition and Markets Authority
”
.
5
In paragraph 5—
a
in sub-paragraph (1)—
i
for “Competition Commission's decision” substitute “
decision of the Competition and Markets Authority
”
, and
ii
for “the Commission” substitute “
the Competition and Markets Authority
”
,
b
in sub-paragraph (2), for “Competition Commission” substitute “
Competition and Markets Authority
”
,
c
in sub-paragraph (4), for “The Competition Commission must” substitute “
An authorised member of the Competition and Markets Authority must
”
, and
d
in sub-paragraph (5), in paragraph (d), for “Commission” substitute “
authorised member
”
.
6
In paragraph 6, in sub-paragraph (3), for “Competition Commission” substitute “
Competition and Markets Authority
”
.
7
In paragraph 7, in sub-paragraph (3), for “Competition Commission” substitute “
Competition and Markets Authority
”
.
8
In paragraph 8, in sub-paragraph (3), for “Competition Commission” substitute “
Competition and Markets Authority
”
.
9
In paragraph 9, in sub-paragraph (1), for “Competition Commission” substitute “
Competition and Markets Authority
”
.
10
In paragraph 10, in sub-paragraph (3), for “Competition Commission's decision” substitute “
decision of the Competition and Markets Authority
”
.
11
In paragraph 11—
a
in sub-paragraph (1)—
i
for “Competition Commission's functions” substitute “
functions of the Competition and Markets Authority
”
, and
ii
for “the Commission” substitute “
the Competition and Markets Authority
”
,
b
in sub-paragraph (2), for “Competition Commission” substitute “
Competition and Markets Authority
”
, and
c
in sub-paragraph (4)—
i
for “The Competition Commission” substitute “
An authorised member of the Competition and Markets Authority
”
, and
ii
for first “it” substitute “
he or she
”
.
12
In paragraph 12, in sub-paragraph (1), for “Competition Commission” substitute “
Competition and Markets Authority
”
.
13
In paragraph 13, in sub-paragraph (3), for “Competition Commission's decision” substitute “
decision of the Competition and Markets Authority
”
.
14
In paragraph 14—
a
in sub-paragraph (1)—
i
for “Competition Commission's functions” substitute “
functions of the Competition and Markets Authority
”
, and
ii
for “the Commission” substitute “
the Competition and Markets Authority
”
,
b
in sub-paragraph (2), for “Competition Commission” substitute “
Competition and Markets Authority
”
, and
c
in sub-paragraph (4)—
i
for “The Competition Commission” substitute “
An authorised member of the Competition and Markets Authority
”
, and
ii
for first “it” substitute “
he or she
”
.
15
In paragraph 15—
a
in sub-paragraph (1), for “The Competition Commission must” substitute “
An authorised member of the Competition and Markets Authority must
”
,
b
in sub-paragraph (2), for “the Competition Commission must comply with sub-paragraph (1)” substitute “
the requirements of sub-paragraph (1) must be complied with
”
,
c
in sub-paragraph (3), for “The Competition Commission must” substitute “
An authorised member of the Competition and Markets Authority must
”
, and
d
in sub-paragraph (4), in paragraph (d), for “Commission” substitute “
authorised member
”
.
16
In paragraph 16—
a
in sub-paragraph (1), for “Competition Commission” substitute “
Competition and Markets Authority
”
, and
b
in sub-paragraph (4), in paragraph (a), for “the Competition Commission” substitute “
an authorised member of the Competition and Markets Authority
”
.
17
In paragraph 17—
a
omit sub-paragraph (1),
b
in sub-paragraph (2)—
i
for “The group” substitute “
A group constituted by the chair of the Competition and Markets Authority, under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, for the purpose of carrying out functions of the Competition and Markets Authority with respect to an appeal under section 24 or 25
”
, and
ii
for “Competition Commission” substitute “
CMA panel
”
, and
c
omit sub-paragraphs (3) and (4).
18
Omit paragraph 18.
19
In paragraph 19, in sub-paragraph (1), for “Competition Commission” substitute “
Competition and Markets Authority
”
.
20
In paragraph 20—
a
in sub-paragraph (1)—
i
for “A group with the function of determining an appeal” substitute “
The Competition and Markets Authority
”
,
ii
for “the appeal” substitute “
an appeal
”
, and
iii
for “Competition Commission” substitute “
Competition and Markets Authority
”
,
b
in sub-paragraph (3)—
i
for “A group with the function of determining an appeal” substitute “
The Competition and Markets Authority
”
, and
ii
for “the appeal” substitute “
an appeal
”
, and
c
in sub-paragraph (4)—
i
for “A group with the function of determining an appeal” substitute “
The Competition and Markets Authority
”
, and
ii
for “the appeal” substitute “
an appeal
”
.
21
In paragraph 21, in sub-paragraph (1), for “Competition Commission” substitute “
Competition and Markets Authority
”
.
22
In paragraph 22—
a
in sub-paragraphs (1) and (2), for “Competition Commission” (in each place where it occurs) substitute “
Competition and Markets Authority
”
,
b
in sub-paragraph (3), for “Competition Commission's decision” substitute “
decision of the Competition and Markets Authority
”
,
c
in sub-paragraph (4)—
i
for “Competition Commission's decision” substitute “
decision of the Competition and Markets Authority
”
, and
ii
for “the Commission” substitute “
the Competition and Markets Authority
”
,
d
in sub-paragraphs (5) and (6), for “Competition Commission” (in each place where it occurs) substitute “
Competition and Markets Authority
”
,
e
in sub-paragraph (7)—
i
for “Competition Commission's decision” substitute “
decision of the Competition and Markets Authority
”
, and
ii
for “Commission” (in each place where it occurs) substitute “
Competition and Markets Authority
”
, and
f
in sub-paragraph (9)—
i
for “Competition Commission's decision” substitute “
decision of the Competition and Markets Authority
”
, and
ii
for “Commission” (in each place where it occurs) substitute “
Competition and Markets Authority
”
.
23
In paragraph 23, in sub-paragraph (1), for “Competition Commission” substitute “
Competition and Markets Authority
”
.
24
In paragraph 24—
a
in sub-paragraph (1)—
i
for “Competition Commission” substitute “
Competition and Markets Authority
”
, and
ii
for “the Commission” substitute “
the Competition and Markets Authority
”
, and
b
in sub-paragraph (4), for the words from “on the” to the end substitute “
on behalf of the Competition and Markets Authority by an authorised member of the Competition and Markets Authority
”
.
25
In paragraph 25—
a
in sub-paragraph (1), for “Competition Commission” (in each place where it occurs) substitute “
Competition and Markets Authority
”
,
b
in sub-paragraph (3), for “The Competition Commission” substitute “
An authorised member of the Competition and Markets Authority
”
,
c
in sub-paragraph (7), in paragraph (a), for “the Competition Commission is not required” substitute “
there is no requirement
”
,
d
in sub-paragraph (9), for “the Competition Commission must pay the person” substitute “
an authorised member of the Competition and Markets Authority must arrange for the person to be paid
”
, and
e
in sub-paragraph (10), for the words from “on the” to the end substitute “
on behalf of the Competition and Markets Authority by an authorised member of the Competition and Markets Authority
”
.
26
In paragraph 26—
a
in sub-paragraph (1), for “Competition Commission” (in each place where it occurs) substitute “
Competition and Markets Authority
”
, and
b
in sub-paragraph (5), for the words from “on the” to the end substitute “
on behalf of the Competition and Markets Authority by an authorised member of the Competition and Markets Authority
”
.
27
In paragraph 27, for “Competition Commission” substitute “
Competition and Markets Authority
”
.
28
In paragraph 28, in sub-paragraph (2), for “A member of the Competition Commission” substitute “
An authorised member of the Competition and Markets Authority
”
.
29
In paragraph 30—
a
in sub-paragraphs (1) to (4), for “the Competition Commission” (in each place where it occurs) substitute “
the Competition and Markets Authority
”
,
b
after sub-paragraph (4), insert—
4A
For the purposes of sub-paragraphs (1) to (4), the consent of the Competition and Markets Authority is to be given by an authorised member of the Competition and Markets Authority.
c
in sub-paragraph (6), for “Competition Commission” substitute “
Competition and Markets Authority
”
.
30
In paragraph 31, in sub-paragraphs (1), (5) and (6), for “Competition Commission” (in each place where it occurs) substitute “
CMA Board
”
.
31
In paragraph 32—
a
in sub-paragraph (1)—
i
for “Competition Commission” substitute “
Competition and Markets Authority
”
, and
ii
for “the Commission” substitute “
the Competition and Markets Authority
”
,
b
in sub-paragraph (2)—
i
for “Competition Commission” substitute “
Competition and Markets Authority
”
, and
ii
for “the Commission” substitute “
the Competition and Markets Authority
”
, and
c
in sub-paragraphs (3) and (4), for “Competition Commission” (in each place where it occurs) substitute “
group
”
.
32
In paragraph 34—
a
for “Competition Commission” substitute “
Competition and Markets Authority or a member of the Competition and Markets Authority
”
, and
b
“it must publish or send it” substitute “it must be published or sent”.
33
In paragraph 35, in sub-paragraph (1)—
a
for the definition of “authorised member of the Competition Commission” substitute—
“authorised member of the Competition and Markets Authority—
a
in relation to a power exercisable in connection with an appeal or application or direction in respect of which a group has been constituted by the chair of the Competition and Markets Authority 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 Competition and Markets Authority 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 or application or direction in respect of which a group has not been so constituted by the chair of the Competition and Markets Authority, 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 “Chairman”,
c
omit the definition of “a group”, and
d
before the definition of “intervener” insert—
“CMA Board” and “CMA panel” have the same meaning as in Schedule 4 to the Enterprise and Regulatory Reform Act 2013;