SCHEDULES

SCHEDULE 6Regulatory appeals etc: minor and consequential amendments

PART 1Amendments to Acts

Railways Act 1993 (c. 43)

I181

1

Schedule 4A (review of access charges by regulators) is amended as follows.

2

In the italic cross-heading preceding paragraph 8, for “Competition Commission reference” substitute “ reference to CMA ”.

3

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

4

In the italic cross-heading preceding paragraph 9, for “Competition Commission” substitute “ CMA ”.

5

In paragraph 9—

a

in sub-paragraphs (1), (3) to (5), and (6A) to (9), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”, and

b

after sub-paragraph (9), insert—

10

The functions of the CMA with respect to a reference under this paragraph are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (including functions relating to the making of changes following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act 2002, as applied by paragraphs 10A and 15).

6

In paragraph 10A, in sub-paragraph (4)—

a

for “Competition Commission” substitute “ CMA ”, and

b

for the words from “the words” to the end, substitute

—

a

the words “, OFCOM or the Secretary of State” were omitted; and

b

for the words “their functions” there were substituted “ its functions ”.

7

In paragraph 11—

a

in sub-paragraph (1), for “Competition Commission” substitute “ CMA ”,

b

in sub-paragraph (4A)—

i

for “Competition Commission” substitute “ CMA ”, and

ii

for the words from “in connection with” to the end substitute “ by the chair of the CMA for the purpose of carrying out the functions of the CMA with respect to the reference ”, and

c

in sub-paragraphs (4B) to (5C) and (6), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

8

In paragraph 12, in sub-paragraphs (1), (4B), (5), (8) and (9), for “Competition Commission” substitute “ CMA ”.

9

In the italic cross-heading preceding paragraph 13, for “Competition Commission's” substitute “CMA's”.

10

In paragraph 13, in sub-paragraphs (1) to (5), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

11

In the italic cross-heading preceding paragraph 14, for “Competition Commission” substitute “ CMA ”.

12

In paragraph 14, in sub-paragraphs (1) to (3) and (5) and (6), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

13

In paragraph 15—

a

in sub-paragraphs (2) to (2B) and (2D), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”,

b

in sub-paragraph (2F), for “Commission” (in each place where it occurs) substitute “ CMA ”,

c

in sub-paragraph (2G)—

i

for “Competition Commission” substitute “ CMA ”, and

ii

for the words from “the words” to the end, substitute

—

a

the words “, OFCOM or the Secretary of State” were omitted; and

b

for the words “their functions” there were substituted “ its functions ”.

d

in sub-paragraphs (3) and (4), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.