Enterprise and Regulatory Reform Act 2013

Railways Act 1993 (c. 43)

81 (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”.”, and

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