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Enterprise and Regulatory Reform Act 2013

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SCHEDULES

Section 7(2)

SCHEDULE 1E+W+S+N.I.Conciliation: minor and consequential amendments

Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)E+W+S

1In section 288 of the Trade Union and Labour Relations (Consolidation) Act 1992 (restriction on contracting out), in subsection (2), for “section 18” substitute “ any of sections 18A to 18C ”.E+W+S

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Commencement Information

I1Sch. 1 para. 1 in force at 6.4.2014 in so far as not already in force by S.I. 2014/253, art. 3(f) (with art. 5(1))

Employment Tribunals Act 1996 (c. 17)E+W+S

2The Employment Tribunals Act 1996 is amended as follows.E+W+S

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Commencement Information

I2Sch. 1 para. 2 in force at 6.3.2014 in so far as not already in force by S.I. 2014/253, art. 2

3In section 7 (employment tribunal procedure regulations), in subsection (3ZA)(b), after “form” insert “ (including certificates issued under section 18A(4)) ”.E+W+S

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Commencement Information

I3Sch. 1 para. 3 in force at 6.3.2014 in so far as not already in force by S.I. 2014/253, art. 2

4In section 7B (mediation), in subsection (5), for “the Advisory, Conciliation and Arbitration Service” substitute ACAS.E+W+S

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Commencement Information

I4Sch. 1 para. 4 in force at 6.4.2014 in so far as not already in force by S.I. 2014/253, art. 3(f)

5(1)Section 18 (conciliation) is amended as follows.E+W+S

(2)At the end of the heading insert “ : relevant proceedings etc.

(3)In subsection (1), for the words before paragraph (a) substitute “ In this section and sections 18A to 18C “relevant proceedings” means employment tribunal proceedings— ”.

(4)In subsection (1)(b)—

(a)after “68” insert “ , 70B ”;

(b)after “Act 1992” insert “ or paragraph 156 of Schedule A1 to that Act ”.

(5)In subsection (1)(dd), for “20(1)(a)” substitute “ 19D(1)(a) ”.

(6)Omit subsection (1)(f) and (n).

(7)After subsection (1) insert—

(1A)Sections 18A and 18B apply in the case of matters which could be the subject of relevant proceedings, and section 18C applies in the case of relevant proceedings themselves.

(8)Omit subsections (2) to (5).

(9)In subsections (6) and (7), for “this section” substitute “ any of sections 18A to 18C ”.

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Commencement Information

I5Sch. 1 para. 5 in force at 6.4.2014 in so far as not already in force by S.I. 2014/253, art. 3(f) (with art. 5(1)(2))

6After section 18B (inserted by section 7(1)) insert—E+W+S

18CConciliation after institution of proceedings

(1)Where an application instituting relevant proceedings has been presented to an employment tribunal, and a copy of it has been sent to a conciliation officer, the conciliation officer shall endeavour to promote a settlement—

(a)if requested to do so by the person by whom and the person against whom the proceedings are brought, or

(b)if, in the absence of any such request, the conciliation officer considers that the officer could act under this section with a reasonable prospect of success.

(2)Where a person who has presented a complaint to an employment tribunal under section 111 of the Employment Rights Act 1996 has ceased to be employed by the employer against whom the complaint was made, the conciliation officer may in particular—

(a)seek to promote the reinstatement or re-engagement of the complainant by the employer, or by a successor of the employer or by an associated employer, on terms appearing to the conciliation officer to be equitable, or

(b)where the complainant does not wish to be reinstated or re-engaged, or where reinstatement or re-engagement is not practicable, and the parties desire the conciliation officer to act, seek to promote agreement between them as to a sum by way of compensation to be paid by the employer to the complainant.

(3)In subsection (1) “settlement” means a settlement that brings proceedings to an end without their being determined by an employment tribunal.

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Commencement Information

I6Sch. 1 para. 6 in force at 6.4.2014 in so far as not already in force by S.I. 2014/253, art. 3(f)

7In section 19A (conciliation: recovery of sums payable under compromises), in subsection (1)(a)(i), for “section 18” substitute “ any of sections 18A to 18C ”.E+W+S

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Commencement Information

I7Sch. 1 para. 7 in force at 6.4.2014 in so far as not already in force by S.I. 2014/253, art. 3(f) (with art. 5(1))

8In section 40 (power to amend Act), in subsection (2), omit the words from “and to section 18” to the end.E+W+S

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Commencement Information

I8Sch. 1 para. 8 in force at 6.4.2014 in so far as not already in force by S.I. 2014/253, art. 3(f)

9In section 42 (interpretation), in subsection (1)—E+W+S

(a)before the definition of “the Appeal Tribunal” insert—

ACAS” means the Advisory, Conciliation and Arbitration Service,;

(b)in the definition of “conciliation officer” for “the Advisory, Conciliation and Arbitration Service” substitute “ ACAS ”.

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Commencement Information

I9Sch. 1 para. 9 in force at 6.4.2014 in so far as not already in force by S.I. 2014/253, art. 3(f)

Employment Rights Act 1996 (c. 18)E+W+S

10In section 203 of the Employment Rights Act 1996 (restrictions on contracting out), in subsection (2)(e), for “section 18” substitute “ any of sections 18A to 18C ”.E+W+S

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Commencement Information

I10Sch. 1 para. 10 in force at 6.4.2014 in so far as not already in force by S.I. 2014/253, art. 3(f) (with art. 5(1))

National Minimum Wage Act 1998 (c. 39)E+W+S+N.I.

11In section 49 of the National Minimum Wage Act 1998 (restrictions on contracting out), in subsection (2)(a), for “section 18” substitute “ any of sections 18A to 18C ”.E+W+S+N.I.

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Commencement Information

I11Sch. 1 para. 11 in force at 6.4.2014 in so far as not already in force by S.I. 2014/253, art. 3(f) (with art. 5(1))

Employment Act 2008 (c. 24)E+W+S

12Section 5 of the Employment Act 2008 (which amends provisions repealed by paragraph 5(8)) is omitted.E+W+S

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Commencement Information

I12Sch. 1 para. 12 in force at 6.4.2014 in so far as not already in force by S.I. 2014/253, art. 3(f)

Pensions Act 2008 (c. 30)E+W+S

13In section 58 of the Pensions Act 2008 (restrictions on agreements to limit operation of Part 1), in subsection (3), for “section 18” substitute “ any of sections 18A to 18C ”.E+W+S

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Commencement Information

I13Sch. 1 para. 13 in force at 6.4.2014 in so far as not already in force by S.I. 2014/253, art. 3(f) (with art. 5(1))

Section 8

SCHEDULE 2E+W+S+N.I.Extension of limitation periods to allow for conciliation

Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)E+W+S

1The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows.E+W+S

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Commencement Information

I14Sch. 2 para. 1 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

2In section 66 (complaint of infringement of right under section 64), after subsection (2) insert—E+W+S

(2A)Section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (2)(a).

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Commencement Information

I15Sch. 2 para. 2 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

3In section 68A (complaint of infringement of right under section 68), after subsection (1) insert—E+W+S

(1A)Section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (1)(a).

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Commencement Information

I16Sch. 2 para. 3 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

4In section 70C (section 70B: complaint to employment tribunal), after subsection (2) insert—E+W+S

(2A)Section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (2)(a).

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Commencement Information

I17Sch. 2 para. 4 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

5In section 87 (complaint in respect of employer's failure under section 86), after subsection (2) insert—E+W+S

(2A)Section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (2)(a).

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Commencement Information

I18Sch. 2 para. 5 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

6In section 139 (time limit for proceedings under sections 137 and 138), after subsection (3) insert—E+W+S

(4)Section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (1)(a).

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Commencement Information

I19Sch. 2 para. 6 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

7(1)Section 145C (time limit for proceedings under sections 145A and 145B) is amended as follows.E+W+S

(2)The existing text becomes subsection (1).

(3)After that subsection insert—

(2)Section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (1)(a).

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Commencement Information

I20Sch. 2 para. 7 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

8In section 147 (time limit for proceedings under section 146), after subsection (3) insert—E+W+S

(4)Section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (1)(a).

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Commencement Information

I21Sch. 2 para. 8 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

9(1)Section 171 (time limit for proceedings under sections 168, 168A, 169 and 170) is amended as follows.E+W+S

(2)The existing text becomes subsection (1).

(3)After that subsection insert—

(2)Section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (1)(a).

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Commencement Information

I22Sch. 2 para. 9 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

10(1)Section 175 (time limit for proceedings under section 174) is amended as follows.E+W+S

(2)The existing text becomes subsection (1).

(3)After that subsection insert—

(2)Section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (1)(a).

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Commencement Information

I23Sch. 2 para. 10 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

11In section 189 (complaint: contravention of section 188), after subsection (5) insert—E+W+S

(5A)Where the complaint concerns a failure to comply with a requirement of section 188, section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (5)(b).

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Commencement Information

I24Sch. 2 para. 11 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

12In section 192 (complaint by employee to employment tribunal: contravention of section 190), after subsection (2) insert—E+W+S

(2A)Section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (2)(a).

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Commencement Information

I25Sch. 2 para. 12 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

13After section 292 insert—E+W+S

292AExtension of time limits to facilitate conciliation before institution of proceedings

(1)This section applies where this Act provides for it to apply for the purposes of a provision of this Act (a “relevant provision”).

(2)In this section—

(a)Day A is the day on which the complainant concerned complies with the requirement in subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and

(b)Day B is the day on which the complainant concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section.

(3)In working out when a time limit set by a relevant provision expires the period beginning with the day after Day A and ending with Day B is not to be counted.

(4)If a time limit set by a relevant provision would (if not extended by this subsection) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period.

(5)Where an employment tribunal has power under this Act to extend a time limit set by a relevant provision, the power is exercisable in relation to the time limit as extended by this section.

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Commencement Information

I26Sch. 2 para. 13 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

14In Schedule A1 (collective bargaining: recognition), in paragraph 157 (complaint to employment tribunal: contravention of paragraph 156), after sub-paragraph (3) insert—E+W+S

(4)Section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of sub-paragraph (1)(a).

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Commencement Information

I27Sch. 2 para. 14 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

Employment Rights Act 1996 (c. 18)E+W+S

15The Employment Rights Act 1996 is amended as follows.E+W+S

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Commencement Information

I28Sch. 2 para. 15 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

16In section 11 (references to employment tribunals: contravention of section 8), after subsection (5) insert—E+W+S

(6)Where the reference concerns compliance with section 8, section 207B (extension of time limits to facilitate conciliation before institution of proceedings) also applies for the purposes of subsection (4)(a).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I29Sch. 2 para. 16 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

17In section 23 (complaints to employment tribunals: contravention of section 13, 15, 18(1) or 21(1)), in subsection (3A), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.E+W+S

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I30Sch. 2 para. 17 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

18In section 34 (complaints to employment tribunals: contravention of section 28), in subsection (2A), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.E+W+S

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I31Sch. 2 para. 18 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

19In section 48 (complaints to employment tribunals: contravention of Part 5), in subsection (4A), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.E+W+S

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I32Sch. 2 para. 19 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

20In section 51 (complaints to employment tribunals: contravention of section 50), in subsection (2A), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.E+W+S

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I33Sch. 2 para. 20 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

21In section 54 (complaints to employment tribunals: contravention of section 52 or 53), in subsection (2A), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.E+W+S

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I34Sch. 2 para. 21 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

22In section 57 (complaints to employment tribunals: contravention of section 55 or 56), in subsection (2A), for the words from “applies” to the end substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply for the purposes of subsection (2)(a) ”.E+W+S

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I35Sch. 2 para. 22 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

23In section 57ZC (complaint to employment tribunal: agency workers), after subsection (3) insert—E+W+S

(3A)Section 207A(3) (extension because of mediation in certain European cross-border disputes) and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply for the purposes of subsection (3)(a).

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I36Sch. 2 para. 23 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

24In section 57B (complaint to employment tribunal: contravention of section 57A), in subsection (2A), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.E+W+S

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I37Sch. 2 para. 24 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

25In section 60 (complaints to employment tribunals: contravention of section 58 or 59), in subsection (2A), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.E+W+S

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I38Sch. 2 para. 25 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

26In section 63 (complaints to employment tribunals: contravention of section 61 or 62), in subsection (2A), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.E+W+S

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I39Sch. 2 para. 26 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

27In section 63C (complaints to employment tribunals: contravention of section 63A or 63B), in subsection (2A), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.E+W+S

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I40Sch. 2 para. 27 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

28In section 63I (complaints to employment tribunals: contravention of section 63F(4), (5) or (6) or 63I(1)(b)), in subsection (7), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.E+W+S

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I41Sch. 2 para. 28 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

29In section 70 (complaints to employment tribunals: contravention of section 64, 67 or 68), in subsection (8), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.E+W+S

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I42Sch. 2 para. 29 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

30In section 70A (complaints to employment tribunals: agency workers), after subsection (7) insert—E+W+S

(7A)Section 207A(3) (extension because of mediation in certain European cross-border disputes) and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply for the purposes of subsections (2)(a) and (5)(a).

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I43Sch. 2 para. 30 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

31In section 80 (complaint to employment tribunal: parental leave), in subsection (2A), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.E+W+S

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I44Sch. 2 para. 31 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

32In section 80H (complaints to employment tribunals: contravention of section 80G(1) or 80H(1)(b)), in subsection (7), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.E+W+S

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I45Sch. 2 para. 32 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

33In section 111 (complaints to employment tribunal: contravention of section 92 or Part 10), in subsection (2A), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.E+W+S

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I46Sch. 2 para. 33 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

34In section 164 (claims for redundancy payment: contravention of section 135), after subsection (4) insert—E+W+S

(5)Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsections (1)(c) and (2).

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I47Sch. 2 para. 34 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

35After section 207A (extension of time limits because of mediation in certain cross-border disputes) insert—E+W+S

207BExtension of time limits to facilitate conciliation before institution of proceedings

(1)This section applies where this Act provides for it to apply for the purposes of a provision of this Act (a “relevant provision”).

But it does not apply to a dispute that is (or so much of a dispute as is) a relevant dispute for the purposes of section 207A.

(2)In this section—

(a)Day A is the day on which the complainant or applicant concerned complies with the requirement in subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and

(b)Day B is the day on which the complainant or applicant concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section.

(3)In working out when a time limit set by a relevant provision expires the period beginning with the day after Day A and ending with Day B is not to be counted.

(4)If a time limit set by a relevant provision would (if not extended by this subsection) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period.

(5)Where an employment tribunal has power under this Act to extend a time limit set by a relevant provision, the power is exercisable in relation to the time limit as extended by this section.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I48Sch. 2 para. 35 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

National Minimum Wage Act 1998 (c. 39)E+W+S+N.I.

36The National Minimum Wage Act 1998 is amended as follows.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I49Sch. 2 para. 36 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

37In section 11 (failure of employer to allow access to records), after subsection (4) insert—E+W+S+N.I.

(4A)Where the complaint is presented to an employment tribunal in England and Wales or Scotland, section 11A applies for the purposes of subsection (3).

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I50Sch. 2 para. 37 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

38After section 11 insert—E+W+S+N.I.

11AExtension of time limit to facilitate conciliation before institution of proceedings

(1)In this section—

(a)Day A is the day on which the worker concerned complies with the requirement in subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and

(b)Day B is the day on which the worker concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section.

(2)In working out when the time limit set by section 11(3) expires the period beginning with the day after Day A and ending with Day B is not to be counted.

(3)If the time limit set by section 11(3) would (if not extended by this subsection) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period.

(4)The power conferred on the employment tribunal by subsection (4) of section 11 to extend the time limit set by subsection (3) of that section is exercisable in relation to that time limit as extended by this section.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I51Sch. 2 para. 38 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

39In section 24 (enforcement of right under section 23), in subsection (2)(a), for “sections 48(2) to (4)” substitute “ sections 48(2) to (4A) ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I52Sch. 2 para. 39 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

Employment Relations Act 1999 (c. 26)E+W+S

40In section 11 of the Employment Relations Act 1999 (complaint to employment tribunal), after subsection (2) insert—E+W+S

(2A)Section 207A(3) (extension because of mediation in certain European cross-border disputes) and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) of the Employment Rights Act 1996 apply for the purposes of subsection (2)(a).

(2B)Subsections (2) and (2A) are to be treated as provisions of the Employment Rights Act 1996 for the purposes of sections 207A and 207B of that Act.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I53Sch. 2 para. 40 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

Pensions Act 2008 (c. 30)E+W+S

41In section 56 of the Pensions Act 2008 (enforcement of right under section 55), in subsection (2), for “sections 48(2) to (4)” substitute “ sections 48(2) to (4A) ”.E+W+S

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I54Sch. 2 para. 41 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

Equality Act 2010 (c. 15)E+W+S

42The Equality Act 2010 is amended as follows.E+W+S

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I55Sch. 2 para. 42 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

43In section 123 (time limits: proceedings under section 120), in subsection (1), for “section 140A” substitute “ sections 140A and 140B ”.E+W+S

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I56Sch. 2 para. 43 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

44In section 129 (time limits: proceedings under section 127)—E+W+S

(a)in subsection (3), for “section 140A” substitute “ sections 140A and 140B ”;

(b)in subsection (4), after “the period mentioned in the second column” insert “ , subject to section 140B ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I57Sch. 2 para. 44 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

45After section 140A (extension of time limits because of mediation in certain cross-border disputes) insert—E+W+S

140BExtension of time limits to facilitate conciliation before institution of proceedings

(1)This section applies where a time limit is set by section 123(1)(a) or 129(3) or (4).

But it does not apply to a dispute that is (or so much of a dispute as is) a relevant dispute for the purposes of section 140A.

(2)In this section—

(a)Day A is the day on which the complainant or applicant concerned complies with the requirement in subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and

(b)Day B is the day on which the complainant or applicant concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section.

(3)In working out when the time limit set by section 123(1)(a) or 129(3) or (4) expires the period beginning with the day after Day A and ending with Day B is not to be counted.

(4)If the time limit set by section 123(1)(a) or 129(3) or (4) would (if not extended by this subsection) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period.

(5)The power conferred on the employment tribunal by subsection (1)(b) of section 123 to extend the time limit set by subsection (1)(a) of that section is exercisable in relation to that time limit as extended by this section.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I58Sch. 2 para. 45 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

Section 16(2)

SCHEDULE 3E+W+SFinancial penalties: minor and consequential amendments

Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)E+W+S

1In section 138 of the Trade Union and Labour Relations (Consolidation) Act 1992 (refusal of service of employment agency on grounds related to union membership), after subsection (2) insert—E+W+S

(2A)Section 12A of the Employment Tribunals Act 1996 (financial penalties) applies in relation to a complaint under this section as it applies in relation to a claim involving an employer and a worker (reading references to an employer as references to the employment agency and references to a worker as references to the complainant).

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Commencement Information

I59Sch. 3 para. 1 in force at 6.4.2014 by S.I. 2014/253, art. 3(h)

Employment Tribunals Act 1996 (c. 17)E+W+S

2The Employment Tribunals Act 1996 is amended as follows.E+W+S

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Commencement Information

I60Sch. 3 para. 2 in force at 6.4.2014 by S.I. 2014/253, art. 3(h)

3Before section 13 insert— “ Costs etc, interest and enforcement ”.E+W+S

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Commencement Information

I61Sch. 3 para. 3 in force at 6.4.2014 by S.I. 2014/253, art. 3(h)

4(1)In section 41 (orders, regulations and rules), in subsection (2) (orders etc subject to affirmative resolution procedure), after “4(4) or (6D)” insert “ , 12A(12) ”.E+W+S

(2)If this paragraph comes into force before section 11, sub-paragraph (1) has effect as if “4(4)” were substituted for “ 4(4) or (6D) ”.

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Commencement Information

I62Sch. 3 para. 4 in force at 6.4.2014 by S.I. 2014/253, art. 3(h)

Employment Rights Act 1996 (c. 18)E+W+S

5In section 201 of the Employment Rights Act 1996 (power to extend employment legislation to offshore employment), after subsection (3) insert—E+W+S

(3A)Where an Order in Council under this section confers jurisdiction on an employment tribunal, the jurisdiction conferred includes power to make an order under section 12A of the Employment Tribunals Act 1996 (financial penalties), and that section applies accordingly.

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Commencement Information

I63Sch. 3 para. 5 in force at 6.4.2014 by S.I. 2014/253, art. 3(h)

Agency Workers Regulations 2010 (S.I. 2010/93)E+W+S

6In regulation 18 of the Agency Workers Regulations 2010 (complaints to employment tribunals etc), after paragraph (14) insert—E+W+S

(14A)In relation to an infringement or breach for which a tribunal orders a respondent to pay compensation under paragraph (8)(b), the tribunal may order the respondent also to pay a penalty under section 12A of the Employment Tribunals Act 1996 only if the tribunal decides not to exercise the power under paragraph (14) to make an additional award of compensation against the respondent.

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Commencement Information

I64Sch. 3 para. 6 in force at 6.4.2014 by S.I. 2014/253, art. 3(h)

Section 25(4)

SCHEDULE 4E+W+S+N.I.The Competition and Markets Authority

PART 1 E+W+S+N.I.General

MembershipE+W+S+N.I.

1(1)The CMA is to consist of—E+W+S+N.I.

(a)a person appointed by the Secretary of State to chair the CMA and the CMA Board (the “chair”), and

(b)other persons appointed by the Secretary of State to membership of—

(i)the CMA Board (see Part 2);

(ii)the CMA panel (see Part 3);

(iii)both the CMA Board and the CMA panel.

(2)The Secretary of State must consult the chair before making an appointment under sub-paragraph (1)(b).

(3)At least five of the members appointed under sub-paragraph (1)(b) must be appointed to membership of the CMA Board.

(4)At least one of the members appointed under sub-paragraph (1)(b) must be appointed to membership of the CMA Board and to membership of the CMA panel.

(5)Of the persons appointed to membership of the CMA Board under sub-paragraph (1)(b), no more than half may be members of staff of the CMA.

(6)In this Schedule, references to members of the CMA are to persons appointed under sub-paragraph (1).

(7)A person holding office as a member of the Competition Appeal Tribunal is ineligible for appointment under this paragraph.

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Commencement Information

I65Sch. 4 para. 1 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

Terms and conditionsE+W+S+N.I.

2(1)The members of the CMA are to hold and vacate office in accordance with the terms and conditions of their appointments.E+W+S+N.I.

(2)Those terms and conditions are to be determined by the Secretary of State.

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Commencement Information

I66Sch. 4 para. 2 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

Term of appointmentE+W+S+N.I.

3(1)Appointment to membership of the CMA Board under paragraph 1(1)(b) is to be for a term of not more than five years.E+W+S+N.I.

(2)Appointment to membership of the CMA panel under paragraph 1(1)(b) is to be for a term of not more than eight years.

(3)Appointment as the chair is to be for a term of not more than five years.

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Commencement Information

I67Sch. 4 para. 3 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

Re-appointmentE+W+S+N.I.

4(1)A person who has been appointed to membership of the CMA panel may be re-appointed to membership of the CMA panel only for the purpose of continuing to act as a member of a group constituted under paragraph 36 before the expiry of his or her term of office.E+W+S+N.I.

(2)Subject to sub-paragraph (1), a person's previous appointment under paragraph 1 does not affect eligibility for a subsequent appointment under that paragraph.

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Commencement Information

I68Sch. 4 para. 4 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

Remuneration etc of membersE+W+S+N.I.

5(1)The CMA must pay to its members such remuneration, allowances and expenses as the Secretary of State may determine.E+W+S+N.I.

(2)The CMA must pay or make provision for the payment of such pension, allowances or gratuities as the Secretary of State may determine to or in respect of a current or former member.

(3)If a person ceases to hold an office to which he or she has been appointed under paragraph 1, and the Secretary of State decides that there are special circumstances which mean that the person should be compensated, the CMA must pay compensation to the person of such amount as the Secretary of State may determine.

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Commencement Information

I69Sch. 4 para. 5 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

ResignationE+W+S+N.I.

6(1)The chair may at any time resign from membership of the CMA by giving written notice to this effect to the Secretary of State.E+W+S+N.I.

(2)A person who is a member of either the CMA Board or the CMA panel (but not of both) may at any time resign from membership of the CMA by giving written notice to this effect to the Secretary of State.

(3)A person who is a member of both the CMA Board and the CMA panel may at any time, by giving written notice to this effect to the Secretary of State—

(a)resign from membership of either the CMA Board or the CMA panel, or

(b)resign from membership of the CMA.

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Commencement Information

I70Sch. 4 para. 6 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

Termination of membershipE+W+S+N.I.

7The Secretary of State may at any time remove a person from office as a member of the CMA on any of the following grounds—E+W+S+N.I.

(a)incapacity;

(b)misbehaviour;

(c)failure to carry out his or her duties.

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Commencement Information

I71Sch. 4 para. 7 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

StatusE+W+S+N.I.

8The CMA is to perform its functions on behalf of the Crown.E+W+S+N.I.

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Commencement Information

I72Sch. 4 para. 8 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

Chief executive and other staffE+W+S+N.I.

9(1)The CMA is to have a chief executive appointed by the Secretary of State (the “chief executive”).E+W+S+N.I.

(2)The chief executive may also be a member of the CMA, but must not be—

(a)the chair, or

(b)a member of the CMA panel.

(3)Before appointing the chief executive, the Secretary of State must consult the chair.

(4)The appointment—

(a)is to be for a term of not more than five years;

(b)subject to that, is to be on such terms and conditions as the Secretary of State considers fit.

(5)The chief executive holds that office as a member of the staff of the CMA.

(6)A previous appointment as chief executive does not affect a person's eligibility for re-appointment.

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Commencement Information

I73Sch. 4 para. 9 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

10(1)The CMA may appoint other members of staff.E+W+S+N.I.

(2)A person appointed as a member of the CMA's staff under sub-paragraph (1) may also be a member of the CMA, but must not be—

(a)the chair, or

(b)a member of the CMA panel.

(3)The following are to be determined by the CMA with the approval of the Minister for the Civil Service—

(a)the number of members of staff appointed under sub-paragraph (1);

(b)their conditions of service.

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Commencement Information

I74Sch. 4 para. 10 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

11A person holding office as a member of the Competition Appeal Tribunal is ineligible for appointment under paragraph 9 or 10.E+W+S+N.I.

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Commencement Information

I75Sch. 4 para. 11 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

Annual planE+W+S+N.I.

12(1)The CMA must prepare an annual plan for each financial year.E+W+S+N.I.

(2)The plan must—

(a)set out the CMA's main objectives for the year and indicate the relative priorities of each of those objectives;

(b)provide a summary of the proposed allocation of the CMA's financial resources to the activities to be carried on in connection with those objectives.

(3)The CMA must arrange for the plan to be laid before Parliament.

(4)The CMA must publish the plan, in whatever way it considers appropriate, before the start of the financial year in question.

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Commencement Information

I76Sch. 4 para. 12 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

13(1)Before finalising an annual plan, the CMA must draw up proposals for it.E+W+S+N.I.

(2)The CMA must arrange for the proposals to be laid before Parliament.

(3)The CMA must—

(a)publish the proposals in whatever way it considers appropriate, and

(b)make arrangements to consult with the public about them.

(4)Arrangements made under sub-paragraph (3)(b) may provide for consultation with the public to be effected in whatever way the CMA considers appropriate.

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Commencement Information

I77Sch. 4 para. 13 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

Performance reportE+W+S+N.I.

14(1)As soon as practicable after the end of each financial year, the CMA must prepare and send to the Secretary of State an annual report on its activities and performance during the year.E+W+S+N.I.

(2)The report must include—

(a)a survey of developments, during the year, in matters relating to the CMA's functions;

(b)an assessment of the extent to which the CMA's objectives for the year, as set out in the plan published under paragraph 12, have been met;

(c)a summary of the significant decisions, investigations or other activities made or carried out by the CMA during the year;

(d)a summary of the allocation of the CMA's financial resources to its various activities during the year;

(e)an assessment of the CMA's performance and practices, during the year, in relation to its enforcement functions.

(3)The CMA must—

(a)arrange for the report to be laid before Parliament;

(b)publish the report in whatever way it considers appropriate.

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Commencement Information

I78Sch. 4 para. 14 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

15The CMA may—E+W+S+N.I.

(a)prepare other reports about matters relating to any of its functions;

(b)publish a report prepared under this paragraph.

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Commencement Information

I79Sch. 4 para. 15 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

Concurrency reportE+W+S+N.I.

16(1)As soon as practicable after the end of each financial year, the CMA must prepare a report containing an assessment of how the concurrency arrangements have operated during the year.E+W+S+N.I.

(2)The concurrency arrangements are the arrangements for co-operation between the CMA and the sectoral regulators in respect of functions which are exercisable concurrently by the CMA and one or more of the regulators under Part 1 of the Competition Act 1998 (the “1998 Act”) and Part 4 of the Enterprise Act 2002 (the “2002 Act”).

(3)The report must, in particular, include information about—

(a)the exercise during the year by the CMA of its functions under Part 1 of the 1998 Act or Part 4 of the 2002 Act in cases in which the functions are or were exercisable concurrently by one or more sectoral regulators,

(b)the exercise during the year by each sectoral regulator of its functions under Part 1 of the 1998 Act or Part 4 of the 2002 Act, and

(c)any decision made during the year by a sectoral regulator, in respect of a case in relation to which the regulator considers that its functions under Part 1 of the 1998 Act were exercisable, that it was more appropriate for it to proceed by exercising functions other than those it has under that Part of that Act.

(4)The CMA is not required to include information in a report under this paragraph if it considers that doing so would, or would be likely to, prejudice the exercise of any of the functions of the CMA or a sectoral regulator.

(5)In preparing a report under this paragraph, the CMA must consult each sectoral regulator.

(6)The CMA must publish a report prepared under this paragraph in whatever way it considers appropriate.

(7)Each of the following is a sectoral regulator—

(a)the Office of Communications;

(b)the Gas and Electricity Markets Authority;

(c)the Water Services Regulation Authority;

(d)[F1the Office of Rail and Road] ;

(e)the Northern Ireland Authority for Utility Regulation;

(f)the Civil Aviation Authority;

(g)Monitor;

[F2(h)the Payment Systems Regulator established under section 40 of the Financial Services (Banking Reform) Act 2013.]

[F3(i)the Financial Conduct Authority.]

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Amendments (Textual)

Commencement Information

I80Sch. 4 para. 16 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

DocumentsE+W+S+N.I.

17(1)The application of the CMA's seal must be authenticated by the signature of—E+W+S+N.I.

(a)a person who is a member of the CMA Board, or

(b)a person authorised (generally or specifically) for that purpose by the CMA.

(2)A document purporting to be duly executed under the CMA's seal or signed on its behalf—

(a)is to be received in evidence;

(b)is to be taken to be duly signed or sealed unless the contrary is shown.

(3)But this paragraph does not apply in relation to a document which is, or is to be, signed in accordance with the law of Scotland.

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Commencement Information

I81Sch. 4 para. 17 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

Membership of committees and sub-committeesE+W+S+N.I.

18(1)The members of a committee or sub-committee of the CMA may include persons who are not members of the CMA.E+W+S+N.I.

(2)A sub-committee may include persons who are not members of the committee that established it.

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Commencement Information

I82Sch. 4 para. 18 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

Additional powersE+W+S+N.I.

19The CMA may—E+W+S+N.I.

(a)if so requested by the Secretary of State, represent the government of the United Kingdom in matters relating to international relations in any field connected to its functions, and

(b)promote good practice outside the United Kingdom in the carrying on of activities which may affect the economic interests of consumers in the United Kingdom.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I83Sch. 4 para. 19 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(c) (with Sch.)

20(1)The CMA may do anything that is calculated to facilitate, or is conducive or incidental to, the performance of its functions.E+W+S+N.I.

(2)The power in sub-paragraph (1) is subject to any restrictions imposed by or under any enactment.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I84Sch. 4 para. 20 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

Public recordsE+W+S+N.I.

21In Schedule 1 to the Public Records Act 1958 (definition of public records), in Part 2 of the Table at the end of paragraph 3, at the appropriate place insert— “ Competition and Markets Authority. ”E+W+S+N.I.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I85Sch. 4 para. 21 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

Parliamentary CommissionerE+W+S+N.I.

22In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation) at the appropriate place insert— “ Competition and Markets Authority. ”E+W+S+N.I.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I86Sch. 4 para. 22 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

DisqualificationE+W+S+N.I.

23In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) at the appropriate place insert— “ The Competition and Markets Authority. ”E+W+S+N.I.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I87Sch. 4 para. 23 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

24In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified), at the appropriate place insert— “ The Competition and Markets Authority. ”E+W+S+N.I.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I88Sch. 4 para. 24 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

Freedom of informationE+W+S+N.I.

25In Part 1 of Schedule 1 to the Freedom of Information Act 2000 (definition of public authority: general)—E+W+S+N.I.

(a)in paragraph 1 after “other than” insert

(a)the Competition and Markets Authority,

(b)”;

(b)after paragraph 1 insert—

1ZAThe Competition and Markets Authority, in respect of information held otherwise than as a tribunal.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I89Sch. 4 para. 25 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

EqualityE+W+S+N.I.

26In Part 1 of Schedule 19 to the Equality Act 2010 (public authorities: general), under the heading “Industry, business, finance etc” at the appropriate place insert— “ The Competition and Markets Authority. ”E+W+S+N.I.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I90Sch. 4 para. 26 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

PART 2 E+W+S+N.I.The CMA Board

MembershipE+W+S+N.I.

27The CMA Board is to consist of—E+W+S+N.I.

(a)the chair;

(b)the members appointed under paragraph 1(1)(b) to membership of the CMA Board.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I91Sch. 4 para. 27 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

FunctionsE+W+S+N.I.

28Except where otherwise provided by or under any enactment, the functions of the CMA are exercisable by the CMA Board on behalf of the CMA.E+W+S+N.I.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I92Sch. 4 para. 28 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

DelegationE+W+S+N.I.

29(1)Anything that the CMA Board is required or permitted to do (including conferring authorisation under this sub-paragraph) may be done by—E+W+S+N.I.

(a)a member of the CMA Board, or a member of staff of the CMA, who has been authorised for that purpose by the CMA Board, whether generally or specifically;

(b)a committee or sub-committee of the CMA Board that has been so authorised.

(2)Sub-paragraph (1) does not apply to the functions of deciding—

(a)whether the duty to publish a market study notice under section 130A of the Enterprise Act 2002 applies;

(b)whether to propose to make, or to make, a reference under section 131 of that Act;

(c)for the purposes of the requirement imposed by section 131A(2)(b) of that Act, whether the CMA is proposing to make a decision as to whether to make a reference under section 131 of that Act in a way that is likely to have a substantial impact on the interests of any person;

(d)whether section 140A of that Act applies in respect of a particular case;

(e)whether to accept an undertaking under section 154 of that Act, or to vary or supersede or release an undertaking under that section;

(f)for the purposes of the requirement imposed by section 169(2) of that Act, whether the CMA is proposing to make a decision to make a reference under section 131 of that Act in a way that is likely to have a substantial impact on the interests of any person.

(3)Sub-paragraph (1)(b) does not apply to a committee or sub-committee whose members include any person who is not a member of the CMA or of its staff.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I93Sch. 4 para. 29(1) in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

I94Sch. 4 para. 29(2)(3) in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(c) (with Sch.)

30Paragraph 29(1) is subject to provision in rules made under section 51 of the Competition Act 1998, by virtue of paragraph 1A of Schedule 9 to that Act, in respect of the exercise of a function of the CMA under Part 1 of that Act.E+W+S+N.I.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I95Sch. 4 para. 30 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(c) (with Sch.)

ProceedingsE+W+S+N.I.

31(1)The CMA Board may regulate its own proceedings.E+W+S+N.I.

(2)The CMA Board must consult the Secretary of State before making or revising rules and procedures, under sub-paragraph (1), for dealing with—

(a)conflicts of interest, or

(b)quorum.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I96Sch. 4 para. 31 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

ValidityE+W+S+N.I.

32The validity of anything done by the CMA Board is not affected by—E+W+S+N.I.

(a)a vacancy;

(b)a defective appointment.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I97Sch. 4 para. 32 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

Reference of matter to the chairE+W+S+N.I.

33(1)This paragraph applies where the CMA Board is to consider whether a matter should be referred to the chair for the constitution of a group under this Schedule.E+W+S+N.I.

(2)Before the CMA Board considers whether to refer the matter to the chair, the chair must determine whether a person who is a member of the CMA Board might reasonably be expected to be a member of a group constituted in connection with the matter.

(3)If the chair determines that a person who is a member of the CMA Board might reasonably be expected to be a member of such a group, that person is not to participate in the CMA Board's consideration of whether to refer the matter to the chair.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I98Sch. 4 para. 33 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(c) (with Sch.)

PART 3 E+W+S+N.I.The CMA panel

The CMA panelE+W+S+N.I.

34The CMA panel is a panel of persons available for selection as members of a group constituted in accordance with this Part of this Schedule.E+W+S+N.I.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I99Sch. 4 para. 34 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

Membership of CMA panelE+W+S+N.I.

35(1)The CMA panel is to consist of—E+W+S+N.I.

(a)at least one person (a “newspaper panel member”) appointed to the CMA panel under paragraph 1(1)(b) for the purpose of being available for selection as a member of a group constituted to carry out functions on behalf of the CMA with respect to a newspaper merger reference (a “newspaper merger reference group”);

(b)at least three persons (“specialist communications panel members”) appointed to the CMA panel under paragraph 1(1)(b) for the purpose of being available for selection as members of a group constituted to carry out functions on behalf of the CMA with respect to a specialist communications reference (a “specialist communications reference group”);

(c)at least six persons (“specialist utility panel members”) appointed to the CMA panel under paragraph 1(1)(b) for the purpose of being available for selection as members of a group constituted to carry out specialist utility functions on behalf of the CMA (a “specialist utility group”);

[F4( ca)at least one person (a “payment systems panel member”) appointed to the CMA panel under paragraph 1(1)(b) for the purpose of being available for selection as a member of a group constituted to carry out functions on behalf of the CMA with respect to an appeal made in accordance with section 79 of the Financial Services (Banking Reform) Act 2013 (a “specialist payment systems group”); ]

(d)at least one person (a “reporting panel member”) appointed to the CMA panel under paragraph 1(1)(b) for the purpose of being available for selection as a member of any group constituted to carry out functions on behalf of the CMA;

F5(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)A person who is appointed to the CMA panel as a member of a kind mentioned in one of paragraphs (a) to [F6(d)] of sub-paragraph (1) may also be appointed as a member of one or more of the other kinds mentioned in those paragraphs.

(3)For the purposes of this paragraph and paragraph 38—

  • a “newspaper merger reference” is—

    (a)

    a reference under section 45 of the Enterprise Act 2002 that specifies a newspaper public interest consideration (within the meaning of paragraph 20A of Schedule 8 to that Act);

    (b)

    a reference under section 62 of that Act that specifies a consideration specified in section 58(2A) or (2B) of that Act;

  • a “specialist communications reference” is a reference under section 193 of the Communications Act 2003;

  • “specialist utility functions” are functions with respect to—

    (a)

    an appeal under section 23B, or a reference under section 41E, of the Gas Act 1986;

    (b)

    an appeal under section 11C, or a reference under section 56C, of the Electricity Act 1989;

    (c)

    a reference under section 12, 14 or 17K of the Water Industry Act 1991;

    (d)

    the giving of a direction or the making of modifications under section 16A or 17P of that Act;

    (da)

    [F7 an appeal under article 14B of the Electricity (Northern Ireland) Order 1992 ( SI 1992/231 (NI 1) ); ]

    (db)

    [F7 an appeal under article 14B of the Gas (Northern Ireland) Order 1996 ( SI 1996/275 (NI 2) ); ]

    (e)

    an appeal under section 173 of the Energy Act 2004;

    (f)

    a reference under article 3 of the Water Services etc (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 (SI 2005/3172);

    (g)

    the giving of a direction or the making of modifications under article 9 of that Order.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Modifications etc. (not altering text)

C1Sch. 4 para. 35(3) modified by SI 2003/1592 Sch. 4 para. 18(a) (as inserted (1.4.2014) by The Enterprise Act 2002 (Protection of Legitimate Interests) (Amendment) Order 2014 (S.I. 2014/891), arts. 1, 19(5) (with arts. 20-23))

Commencement Information

I100Sch. 4 para. 35 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

Constitution of CMA groupsE+W+S+N.I.

36Where the chair is, by or under any enactment, required to constitute a group under this Schedule (a “CMA group”), the chair must constitute the group in accordance with this Part of this Schedule.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I101Sch. 4 para. 36 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(c) (with Sch.)

Membership of CMA groupsE+W+S+N.I.

37(1)The members of a CMA group are to be selected by the chair.E+W+S+N.I.

(2)In selecting the members of a CMA group, the chair must comply with any requirements imposed by or under any enactment.

(3)Subject to that, paragraph 38 has effect for the purposes of the membership of a CMA group.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I102Sch. 4 para. 37 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(c) (with Sch.)

38(1)Each CMA group is to consist of at least three members of the CMA panel.E+W+S+N.I.

(2)Subject to sub-paragraphs (3) to (6), those members are to be such persons as the chair may select.

(3)In the case of a newspaper merger reference group—

(a)the group must include at least one newspaper panel member;

(b)the members of the group (if any) who are not newspaper panel members must be reporting panel members.

(4)In the case of a specialist communications reference group, the group must include at least one, but not more than three, of the specialist communications panel members.

(5)In the case of a specialist utility group, the group must include at least one of the specialist utility panel members.

[F8(5A)In the case of a specialist payment systems group, the group must include at least one payment systems member. ]

(6)A newspaper panel member is not to be selected as a member of a CMA group that is not a newspaper merger reference group.

(7)The chair may at any time appoint a reporting panel member to be an additional member of a CMA group.

(8)The chair must appoint one of the members of a CMA group to chair the group (the “group chair”).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I103Sch. 4 para. 38 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(c) (with Sch.)

39The validity of anything done by a CMA group is not affected by—E+W+S+N.I.

(a)a vacancy;

(b)a defective appointment.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I104Sch. 4 para. 39 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(c) (with Sch.)

Termination of person's membership of a CMA groupE+W+S+N.I.

40A member of the CMA panel may at any time resign from a CMA group by giving written notice to this effect to the chair.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I105Sch. 4 para. 40 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(c) (with Sch.)

41(1)Sub-paragraph (2) applies if the chair considers that—E+W+S+N.I.

(a)a member of a CMA group will be unable, for a substantial period, to perform his or her duties as a member of the group, or

(b)because of a particular interest of a member of a CMA group, it is inappropriate for him or her to remain a member of the group.

(2)The chair may remove the person in question from membership of the group.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I106Sch. 4 para. 41 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(c) (with Sch.)

42A person ceases to be a member of a CMA group on ceasing to be a member of the CMA panel.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I107Sch. 4 para. 42 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(c) (with Sch.)

Replacement of a member of a CMA groupE+W+S+N.I.

43(1)Sub-paragraph (2) applies if a person ceases to be a member of a CMA group, whether by being removed under paragraph 41, or otherwise.E+W+S+N.I.

(2)The chair may select a replacement member of the group from the CMA panel.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I108Sch. 4 para. 43 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(c) (with Sch.)

Continuity on removal or replacementE+W+S+N.I.

44(1)A person's ceasing to be a member of a CMA group, whether by being removed under paragraph 41, or otherwise, does not prevent—E+W+S+N.I.

(a)the group from continuing with anything begun before the person ceased to be a member of it;

(b)any decision made or direction given by the person while a member of the group from having effect after he or she has ceased to be a member of the group.

(2)Sub-paragraph (1)—

(a)applies whether or not a replacement member of the group is selected under paragraph 43;

(b)does not affect any requirements imposed by or under any enactment with respect to the constitution of a CMA group.

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Commencement Information

I109Sch. 4 para. 44 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(c) (with Sch.)

Attendance of other membersE+W+S+N.I.

45(1)At the invitation of the group chair of a CMA group, any reporting panel member who is not a member of the group may attend its meetings or otherwise take part in its proceedings.E+W+S+N.I.

(2)But a person attending in response to such an invitation may not—

(a)vote in any proceedings of the group, or

(b)have a statement of his or her dissent from a conclusion of the group included in a report made by the group.

(3)Nothing in sub-paragraph (1) is to be taken to prevent a CMA group from consulting any member of the CMA panel with respect to any matter or question with which the group is concerned.

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Commencement Information

I110Sch. 4 para. 45 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(c) (with Sch.)

Powers of chair pending group's constitution and first meetingE+W+S+N.I.

46(1)While a CMA group is being constituted, the chair may take such steps as he or she considers appropriate to facilitate the work of the group once it has been constituted.E+W+S+N.I.

(2)The steps taken must be steps that it would be within the power of the group to take, had it already been constituted.

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Commencement Information

I111Sch. 4 para. 46 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(c) (with Sch.)

47(1)The chair may, on behalf of the CMA, exercise the power conferred by section 37(1), 48(1) or 64(1) of the Enterprise Act 2002 in respect of the reference of a matter—E+W+S+N.I.

(a)while a CMA group is being constituted in connection with the reference;

(b)after a CMA group has been so constituted, but before it has held its first meeting.

(2)Sections 34C, 46D and 62A of the Enterprise Act 2002 have effect subject to sub-paragraph (1).

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Modifications etc. (not altering text)

Commencement Information

I112Sch. 4 para. 47 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(c) (with Sch.)

Performance of functions of chair with respect to constitution etc of CMA groupE+W+S+N.I.

48(1)A function of the chair that is specified in sub-paragraph (4) may, with the consent of the CMA Board, be exercised on behalf of the chair by—E+W+S+N.I.

(a)a person who is a member of both the CMA panel and the CMA Board, or

(b)a member of the CMA panel designated by the Secretary of State (whether generally or specifically) for the purposes of this paragraph.

(2)The consent referred to in sub-paragraph (1) must specify the identity of the person by whom a function of the chair is to be exercised.

(3)It may be given—

(a)by reference generally to functions specified in sub-paragraph (4);

(b)by reference to specific functions, or functions of a particular description;

(c)by reference generally to CMA groups;

(d)by reference to specific matters or specific CMA groups, or by reference to matters or CMA groups of a particular description.

(4)The functions are—

(a)the chair's functions under paragraph 33 and under this Part of this Schedule;

(b)the chair's functions by or under any other enactment in respect of the constitution of a CMA group;

(c)the chair's functions under—

(i)Schedule 4A to the Gas Act 1986;

(ii)Schedule 5A to the Electricity Act 1989;

[F9(iia)Schedule 5A to the Electricity (Northern Ireland) Order 1992 (SI 1992/231 (NI 1));

(iib)Schedule 3A to the Gas (Northern Ireland) Order 1996 (SI 1996/275 (NI 2));]

(iii)Schedule 22 to the Energy Act 2004;

(iv)Schedule 2 to the Civil Aviation Act 2012.

[F10(v)Schedule 5 to the Financial Services (Banking Reform) Act 2013.]

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Amendments (Textual)

Commencement Information

I113Sch. 4 para. 48 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(c) (with Sch.)

Independence of groupsE+W+S+N.I.

49(1)In making decisions that they are required or permitted to make by virtue of any enactment, CMA groups must act independently of the CMA Board.E+W+S+N.I.

(2)Nothing in sub-paragraph (1) prevents—

(a)the CMA Board from giving information in its possession to a CMA group, or

(b)a CMA group giving information in its possession to the CMA Board.

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Commencement Information

I114Sch. 4 para. 49 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(c) (with Sch.)

Casting votesE+W+S+N.I.

50If a CMA group's vote on any decision is tied, the group chair is to have a casting vote.E+W+S+N.I.

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Commencement Information

I115Sch. 4 para. 50 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(c) (with Sch.)

Requirement to make rules of procedure for certain groupsE+W+S+N.I.

51(1)The CMA Board must make rules of procedure for merger reference groups, market reference groups, and special reference groups.E+W+S+N.I.

(2)Those rules are subject to any provision made by or under any enactment in respect of the procedure of a CMA group.

(3)Before making rules under this paragraph, the CMA Board must consult such persons as it considers appropriate.

(4)The CMA Board must publish rules made under this paragraph in whatever manner it considers appropriate for bringing them to the attention of those likely to be affected by them.

(5)Subject to rules made under this paragraph, and to any provision made by or under any enactment, a CMA group of a type referred to in sub-paragraph (1) may determine its own procedure.

(6)In this paragraph and paragraph 53—

(a)market reference group” means a CMA group constituted in connection with a reference under section 131, 132 or 140A of the Enterprise Act 2002;

(b)merger reference group” means a CMA group constituted in connection with a reference under section 32 of the Water Industry Act 1991 or section 22, 33, 45, or 62 of the Enterprise Act 2002;

(c)special reference group” means a CMA group constituted in connection with a reference under—

(i)section 11 of the Competition Act 1980;

(ii)section 41E of the Gas Act 1986;

(iii)section 56C of the Electricity Act 1989;

(iv)section 12, 14 or 17K of the Water Industry Act 1991;

F11(v). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(vi)section 13 of, or Schedule 4A to, the Railways Act 1993;

F12(vii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(viii)section 12 of the Transport Act 2000;

(ix)section 193 of the Communications Act 2003;

(x)article 3 of the Water Services etc (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 (SI 2005/3172).

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Amendments (Textual)

Modifications etc. (not altering text)

C3Sch. 4 para. 51(6)(b) modified by SI 2003/1592 Sch. 4 para. 18(d) (as inserted (1.4.2014) by The Enterprise Act 2002 (Protection of Legitimate Interests) (Amendment) Order 2014 (S.I. 2014/891), arts. 1, 19(5) (with arts. 20-23))

Commencement Information

I116Sch. 4 para. 51 in force at 1.10.2013 for specified purposes by S.I. 2013/2227, art. 2(k) (with art. 3)

I117Sch. 4 para. 51 in force at 1.4.2014 in so far as not already in force by S.I. 2014/416, art. 2(1)(c) (with Sch.)

52(1)In determining how to proceed in accordance with rules made for it by the CMA Board under paragraph 51(1), and in determining its own procedure under paragraph 51(5), a group must have regard to any guidance issued by the CMA Board.E+W+S+N.I.

(2)Before issuing guidance for the purposes of this paragraph, or amending or revoking it, the CMA Board must consult such persons as it considers appropriate.

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Commencement Information

I118Sch. 4 para. 52 in force at 1.10.2013 for specified purposes by S.I. 2013/2227, art. 2(I) (with art. 3)

I119Sch. 4 para. 52 in force at 1.4.2014 in so far as not already in force by S.I. 2014/416, art. 2(1)(c) (with Sch.)

53(1)Rules made under paragraph 51 may—E+W+S+N.I.

(a)make different provision for different cases or different purposes;

(b)be varied or revoked by rules subsequently made under that paragraph.

(2)They may in particular make provision—

(a)for particular stages of a merger investigation, market investigation, or special investigation to be dealt with in accordance with a timetable and for revision of that timetable;

(b)as to the documents and information that must be given to a relevant group in connection with a merger investigation, market investigation or special investigation;

(c)as to the documents and information that a relevant group must give to other persons in connection with such an investigation.

(3)Rules making provision as described in sub-paragraph (2)(a) or (2)(b) may, in particular, permit or require a relevant group to disregard documents or information given after a particular date.

(4)Rules making provision as described in sub-paragraph (2)(c) may in particular make provision for the notification or publication of, and for consultation about, provisional findings of a relevant group.

(5)Rules made under paragraph 51 may make provision as to the quorum of relevant groups.

(6)They may make provision—

(a)as to the extent (if any) to which persons interested or claiming to be interested in a matter under consideration that is specified or described in the rules are allowed—

(i)to be present before or heard by a relevant group, either by themselves or by their representatives;

(ii)to cross-examine witnesses;

(iii)otherwise to take part;

(b)as to the extent (if any) to which sittings of a relevant group are to be held in public;

(c)generally in connection with any matters permitted by rules making provision as described in paragraph (a) or (b) (including, in particular, provision for a record of any hearings).

(7)Rules made under paragraph 51 may make provision for—

(a)the notification or publication of information relating to merger investigations, market investigations or special investigations;

(b)consultation about such investigations.

(8)Rules made under paragraph 51 for market reference groups may make provision as to the involvement of any public interest expert in the market investigation in connection with the reference under section 140A of the Enterprise Act 2002 in relation to which the expert was appointed.

(9)For the purposes of this paragraph—

  • market investigation” means an investigation carried out by a market reference group in connection with a reference under section 131, 132 or 140A of the Enterprise Act 2002;

  • merger investigation” means an investigation carried out by a merger reference group in connection with a reference under section 32 of the Water Industry Act 1991 or section 22, 33, 45, or 62 of the Enterprise Act 2002;

  • public interest expert” means a person appointed under section 141B of the Enterprise Act 2002 in relation to a reference under section 140A(6) of that Act;

  • relevant group” means a market reference group, a merger reference group, or a special reference group;

  • special investigation” means an investigation carried out by a special reference group in connection with a provision listed in paragraph 51(6)(c).

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Modifications etc. (not altering text)

Commencement Information

I120Sch. 4 para. 53 in force at 1.10.2013 for specified purposes by S.I. 2013/2227, art. 2(k) (with art. 3)

I121Sch. 4 para. 53 in force at 1.4.2014 in so far as not already in force by S.I. 2014/416, art. 2(1)(c) (with Sch.)

Procedure of other CMA groupsE+W+S+N.I.

54(1)Subject to any special or general directions given by the Secretary of State, and to any provision made by or under any enactment, a CMA group that is not a group of a type referred to in paragraph 51(1) may determine its own procedure.E+W+S+N.I.

(2)It may, in particular, determine its quorum, and determine—

(a)the extent (if any) to which persons interested or claiming to be interested in a matter under consideration are allowed—

(i)to be present before or heard by it, either by themselves or by their representatives;

(ii)to cross-examine witnesses;

(iii)otherwise to take part;

(b)the extent (if any) to which its sittings are to be held in public.

(3)In determining its procedure under sub-paragraph (1), a CMA group must have regard to any guidance issued by the CMA Board.

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Commencement Information

I122Sch. 4 para. 54 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(c) (with Sch.)

CMA group decision: requirement for two thirds majorityE+W+S+N.I.

55For the purposes of paragraphs 56 to 58, a “qualifying majority decision” is a decision made by a CMA group which is that of at least two-thirds of the members of the group.E+W+S+N.I.

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Commencement Information

I123Sch. 4 para. 55 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(c) (with Sch.)

56(1)This paragraph applies for the purposes of Part 3 of the Enterprise Act 2002.E+W+S+N.I.

(2)Where a decision of a CMA group under section 35(1) or 36(1) of that Act that there is an anti-competitive outcome is not a qualifying majority decision, it is to be treated as a decision under that section that there is not an anti-competitive outcome.

(3)Where a decision of a CMA group under section 47 of that Act is not a qualifying majority decision—

(a)in the case of a decision that a relevant merger situation has been created, it is to be treated as a decision under section 47 that no such situation has been created;

(b)in the case of a decision that the creation of a relevant merger situation has resulted, or may be expected to result, in a substantial lessening of competition within any market or markets in the United Kingdom for goods and services, it is to be treated as a decision under section 47 that the creation of that situation has not resulted, or may be expected not to result, in such a substantial lessening of competition;

(c)in the case of a decision that arrangements are in progress or in contemplation which, if carried into effect, will result in the creation of a relevant merger situation, it is to be treated as a decision under section 47 that no such arrangements are in progress or in contemplation;

(d)in the case of a decision that the creation of such a situation as is mentioned in paragraph (c) may be expected to result in a substantial lessening of competition within any market or markets in the United Kingdom for goods and services, it is to be treated as a decision under section 47 that the creation of that situation may be expected not to result in such a substantial lessening of competition.

(4)Where a decision of a CMA group under section 63 of that Act is not a qualifying majority decision—

(a)in the case of a decision that a special merger situation has been created, it is to be treated as a decision under section 63 that no such situation has been created;

(b)in the case of a decision that arrangements are in progress or in contemplation which, if carried into effect, will result in the creation of a special merger situation, it is to be treated as a decision under section 63 that no such arrangements are in progress or in contemplation.

(5)Expressions used in this paragraph are to be construed in accordance with Part 3 of the Enterprise Act 2002.

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Modifications etc. (not altering text)

Commencement Information

I124Sch. 4 para. 56 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(c) (with Sch.)

57(1)This paragraph applies for the purposes of Part 4 of the Enterprise Act 2002.E+W+S+N.I.

(2)Where a decision under section 134, 141 or 141A of that Act is not a qualifying majority decision—

(a)in the case of a decision on an ordinary reference that a feature or combination of features of a relevant market prevents, restricts or distorts competition in connection with the supply or acquisition of any goods or services in the United Kingdom or a part of the United Kingdom, it is to be treated as a decision that the feature or (as the case may be) combination of features of that relevant market does not prevent, restrict or distort such competition;

(b)in the case of a decision on a cross-market reference that a feature or a combination of the features specified in the reference, as that feature or combination of features relates to goods or services of one or more than one of the descriptions so specified, prevents, restricts or distorts competition in connection with the supply or acquisition of any goods or services in the United Kingdom or a part of the United Kingdom, it is to be treated as a decision that that feature or (as the case may be) combination of features as it relates to goods or services of those descriptions does not prevent, restrict or distort such competition.

(3)Accordingly, a CMA group is to be treated as having decided under section 134, 141 or 141A that there is no adverse effect on competition in relation to an ordinary reference or a cross-market reference if—

(a)one or more than one decision of the group, in relation to the reference, is to be treated as mentioned in sub-paragraph (2)(a) or (as the case may be) (b), and

(b)there is, in relation to the reference, no other relevant decision of the group.

(4)“Relevant decision”, in sub-paragraph (3)(b), means—

(a)in relation to an ordinary reference, a decision that is not to be treated as mentioned in sub-paragraph (2)(a), and which is that a feature or combination of features of a relevant market prevents, restricts or distorts competition in connection with the supply or acquisition of any goods or services in the United Kingdom or a part of the United Kingdom;

(b)in relation to a cross-market reference, a decision that is not to be treated as mentioned in sub-paragraph (2)(b), and which is that a feature or a combination of the features specified in the reference, as that feature or combination of features relates to goods or services of one or more than one of the descriptions so specified, prevents, restricts or distorts competition in connection with the supply or acquisition of any goods or services in the United Kingdom or a part of the United Kingdom.

(5)Where a decision of a CMA group under section 141A of that Act is not a qualifying majority decision, in the case of a decision under section 141A(4) that the feature or combination of features in question operates or may be expected to operate against the public interest, it is to be treated as a decision under section 141A that the feature or combination of features in question does not operate nor may be expected to operate against the public interest.

(6)Expressions used in this paragraph are to be construed in accordance with Part 4 of the Enterprise Act 2002.

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Commencement Information

I125Sch. 4 para. 57 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(c) (with Sch.)

58A decision made by a CMA group is also subject to any other provision made by or under any enactment about decisions that are not qualifying majority decisions.E+W+S+N.I.

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Commencement Information

I126Sch. 4 para. 58 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(c) (with Sch.)

PART 4 E+W+S+N.I.Interpretation and transitional and transitory provision

InterpretationE+W+S+N.I.

59(1)In this Schedule, “enactment” means—E+W+S+N.I.

(a)an enactment contained in this or any other Act;

(b)an enactment comprised in subordinate legislation within the meaning of the Interpretation Act 1978;

(c)an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament;

(d)a Measure or Act of the National Assembly for Wales;

(e)an enactment contained in, or in an instrument made under, Northern Ireland legislation (within the meaning of the Interpretation Act 1978).

(2)Any reference in this Schedule to an enactment includes a reference to an enactment whenever passed or made.

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Commencement Information

I127Sch. 4 para. 59 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

60References in this Schedule to the commencement date are to the date on which section 25(3) comes into force.E+W+S+N.I.

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Commencement Information

I128Sch. 4 para. 60 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

Members of the Competition CommissionE+W+S+N.I.

61(1)This paragraph applies—E+W+S+N.I.

(a)in relation to any appointments under paragraph 1(1)(b) to the CMA panel that are made before the abolition of the Competition Commission under section 26, to any person who is a panel member of the Competition Commission and whose term of office as such is not due to expire before the abolition of the Competition Commission under that section;

(b)in relation to any other appointment under paragraph 1(1)(b) to the CMA panel, to a person who was a panel member of the Competition Commission immediately prior to its abolition under section 26.

(2)A person to whom this paragraph applies may be appointed under paragraph 1(1)(b) as a member of the CMA panel.

(3)But the terms of the person's appointment as a member of the CMA panel must not be such that the sum of the period of his or her office as a member of the CMA panel, and of the period of his or her office as a panel member of the Competition Commission (excluding any period when he or she also holds office as a member of the CMA panel), exceeds eight years.

(4)Paragraph 4(1) applies for the purposes of the person's re-appointment as a member of the CMA panel as it does for the purposes of the re-appointment of a CMA panel member to whom this paragraph does not apply.

(5)The power conferred by section 100 includes power to make provision for the appointment of panel members of the Competition Commission as members of the CMA panel, or for the re-appointment of persons who are appointed as members of the CMA panel by virtue of sub-paragraph (2), for the purpose of enabling anything in the process of being done by or on behalf of the Competition Commission immediately prior to its abolition to be completed by or on behalf of the CMA; and nothing in sub-paragraphs (1) to (4) restricts the provision that may be made for that purpose.

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Commencement Information

I129Sch. 4 para. 61(1)-(4) in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

I130Sch. 4 para. 61(5) in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(c) (with Sch.)

62Except as provided for by paragraph 61, a person who holds or has held office as a panel member of the Competition Commission at any time prior to its abolition may not be appointed under paragraph 1(1)(b) as a member of the CMA panel.E+W+S+N.I.

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Commencement Information

I131Sch. 4 para. 62 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

63References in paragraphs 61 and 62 to a panel member of the Competition Commission are to a person appointed as a member of the Competition Commission of a kind mentioned in paragraph 2(3) of Schedule 7 to the Competition Act 1998.E+W+S+N.I.

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Commencement Information

I132Sch. 4 para. 63 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

Financial years of the CMAE+W+S+N.I.

64(1)If the duration of the period beginning with the commencement date and ending with the next 31 March is six months or more, the first financial year of the CMA is that period.E+W+S+N.I.

(2)But if the duration of that period is less than six months, the first financial year of the CMA is the period beginning with the commencement date, and ending with the 31 March in the year following the next 31 March after the commencement date.

(3)The subsequent financial years of the CMA are each successive period of 12 months.

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Commencement Information

I133Sch. 4 para. 64 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

First annual plan of the CMAE+W+S+N.I.

65(1)The CMA is to publish its first annual plan within the period of three months beginning with the commencement date.E+W+S+N.I.

(2)The first annual plan is to relate to the period beginning with the date of publication of the plan, and ending with the date on which the CMA's first financial year ends.

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Commencement Information

I134Sch. 4 para. 65 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

Section 26(3)

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

PART 1 E+W+S+N.I.Transfer of functions under the 1998 Act to the CMA

1The Competition Act 1998 is amended as follows.E+W+S+N.I.

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Commencement Information

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

2In section 6 (block exemptions), in subsections (1) and (6), for “OFT” (in each place where it occurs) substitute “ CMA ”.E+W+S+N.I.

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Commencement Information

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

3In section 8 (block exemptions: procedure), in subsections (1) to (3) and (5), for “OFT” (in each place where it occurs) substitute “ CMA ”.E+W+S+N.I.

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Commencement Information

I137Sch. 5 para. 3 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

4In section 10 (parallel exemptions), in subsections (5), (7) and (8), for “OFT” (in each place where it occurs) substitute “ CMA ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I138Sch. 5 para. 4 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

5(1)Section 25 (power to investigate) is amended as follows.E+W+S+N.I.

(2)In subsections (1) and (8) to (11), for “OFT” (in each place where it occurs) substitute “ CMA ”.

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

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Commencement Information

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

6In section 26 (powers when conducting investigations), in subsections (1) and (5), for “OFT” (in each place where it occurs) substitute “ CMA ”.E+W+S+N.I.

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Commencement Information

I140Sch. 5 para. 6 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

7In section 27 (power to enter business premises without a warrant), in subsections (1) and (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I141Sch. 5 para. 7 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

8(1)Section 28 (power to enter business premises under a warrant) is amended as follows.E+W+S+N.I.

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

(3)In subsection (2)—

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

(b)for “OFT's” substitute “CMA's”.

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Commencement Information

I142Sch. 5 para. 8 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

9In section 28A (power to enter domestic premises under a warrant), in subsections (1)(b)(i) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I143Sch. 5 para. 9 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

10In section 31 (decisions following an investigation), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I144Sch. 5 para. 10 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

11In section 31A (commitments), in subsections (1) to (4), for “OFT” (in each place where it occurs) substitute “ CMA ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I145Sch. 5 para. 11 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

12In section 31B (effect of commitments under section 31A), in subsections (1) to (5), for “OFT” (in each place where it occurs) substitute “ CMA ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I146Sch. 5 para. 12 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

13In section 31C (review of commitments), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I147Sch. 5 para. 13 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

14In section 31D (guidance), in subsections (1) to (3), (5), (6) and (8), for “OFT” (in each place where it occurs) substitute “ CMA ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I148Sch. 5 para. 14 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

15In section 31E (enforcement of commitments), in subsection (1), for “OFT” (in each place where it occurs) substitute “ CMA ”.E+W+S+N.I.

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Commencement Information

I149Sch. 5 para. 15 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

16In section 32 (directions in relation to agreements), in subsection (1), for “OFT” substitute “ CMA ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I150Sch. 5 para. 16 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

17In section 33 (directions in relation to conduct), in subsection (1), for “OFT” substitute “ CMA ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I151Sch. 5 para. 17 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

18In section 34 (enforcement of directions), in subsection (1), for “OFT” substitute “ CMA ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I152Sch. 5 para. 18 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

19In section 35 (interim measures), in subsections (1) to (4), (8) and (9), for “OFT” (in each place where it occurs) substitute “ CMA ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I153Sch. 5 para. 19 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

20In section 36 (penalties), in subsections (1) to (5), (8) and (9), for “OFT” (in each place where it occurs) substitute “ CMA ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I154Sch. 5 para. 20 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

21In section 37 (recovery of penalties), in subsection (1), for “OFT” (in each place where it occurs) substitute “ CMA ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I155Sch. 5 para. 21 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

22In section 38 (the appropriate level of a penalty), in subsections (1) to (3), (5), (6), (8) and (9), for “OFT” (in each place where it occurs) substitute “ CMA ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I156Sch. 5 para. 22 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

23In section 39 (limited immunity in relation to the Chapter 1 prohibition), in subsections (3) to (5) and (8), for “OFT” (in each place where it occurs) substitute “ CMA ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I157Sch. 5 para. 23 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

24In section 40 (limited immunity in relation to the Chapter 2 prohibition), in subsections (3) to (5) and (8), for “OFT” (in each place where it occurs) substitute “ CMA ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I158Sch. 5 para. 24 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

25In section 44 (false or misleading information), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I159Sch. 5 para. 25 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

26In section 46 (appealable decisions), in subsections (1) to (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I160Sch. 5 para. 26 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

27In section 47 (third party appeals), in subsection (1), for “OFT” (in each place where it occurs) substitute “ CMA ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I161Sch. 5 para. 27 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

28In section 47A (monetary claims before Tribunal), in subsections (6) and (7), for “OFT” (in each place where it occurs) substitute “ CMA ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I162Sch. 5 para. 28 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

29In section 50 (vertical agreements and land agreements), in subsection (3), for “OFT” substitute “ CMA ”.E+W+S+N.I.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I163Sch. 5 para. 29 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

30In the cross-heading preceding section 51, for “OFT's” substitute “CMA's”.E+W+S+N.I.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I164Sch. 5 para. 30 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

31(1)Section 51 (rules) is amended as follows.E+W+S+N.I.

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

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

(4)In subsections (3) and (5) to (10), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I165Sch. 5 para. 31 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

32(1)Section 52 (advice and information) is amended as follows.E+W+S+N.I.

(2)In subsection (1), for the words from the beginning to “the Director” substitute “ The CMA ”.

(3)In subsection (1A), for the words from the beginning to “the OFT” substitute “ The CMA ”.

(4)In subsections (2) to (6) and (8), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I166Sch. 5 para. 32 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

33In section 54 (regulators), in subsections (2), (5) and (7), for “OFT” (in each place where it occurs) substitute “ CMA ”.E+W+S+N.I.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I167Sch. 5 para. 33 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

34In section 57 (defamation), for “OFT” substitute “ CMA ”.E+W+S+N.I.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I168Sch. 5 para. 34 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

35In the cross-heading preceding section 58, for “OFT” substitute “ CMA ”.E+W+S+N.I.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I169Sch. 5 para. 35 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

36(1)Section 58 (findings of fact) is amended as follows.E+W+S+N.I.

(2)In subsection (1), for “an OFT's” substitute “a CMA's”.

(3)In subsection (2)—

(a)for “an OFT's” substitute “a CMA's”, and

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

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

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

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I170Sch. 5 para. 36 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

37In section 58A (findings of infringements), in subsections (3) and (4), for “OFT” (in each place where it occurs) substitute “ CMA ”.E+W+S+N.I.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I171Sch. 5 para. 37 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

38(1)Section 59 (interpretation of Part 1) is amended as follows.E+W+S+N.I.

(2)In subsection (1)—

(a)after the definition of “the Chapter II prohibition” insert—

the CMA” means the Competition and Markets Authority;, and

(b)omit the definition of “the OFT”.

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

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I172Sch. 5 para. 38 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

39In section 60 (principles to be applied in determining questions), in subsection (4), for “OFT” (in each place where it occurs) substitute “ CMA ”.E+W+S+N.I.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I173Sch. 5 para. 39 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

40In section 61 (interpretation of Part 2), in subsection (1)—E+W+S+N.I.

(a)after the definition of “books and records” insert—

the CMA” means the Competition and Markets Authority;, and

(b)omit the definition of “the OFT”.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I174Sch. 5 para. 40 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

41In section 62 (power to enter business premises under a warrant: Article 20 inspections), in subsections (5) and (10), for “OFT” (in each place where it occurs) substitute “ CMA ”.E+W+S+N.I.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I175Sch. 5 para. 41 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

42In section 62A (power to enter non-business premises under a warrant: Article 21 inspections), in subsections (3) to (5), and (12), for “OFT” (in each place where it occurs) substitute “ CMA ”.E+W+S+N.I.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I176Sch. 5 para. 42 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

43In section 62B (powers when conducting Article 22(2) inspection), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.E+W+S+N.I.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I177Sch. 5 para. 43 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

44In section 63 (power to enter business premises under a warrant: Article 22(2) inspections), in subsections (1)(a), (2) to (5) and (10), for “OFT” (in each place where it occurs) substitute “ CMA ”.E+W+S+N.I.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I178Sch. 5 para. 44 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

45(1)Section 65C (interpretation of Part 2A) is amended as follows.E+W+S+N.I.

(2)In subsection (1), in the definition of “Article 22(1) investigation”, for “OFT” substitute “ CMA ”.

(3)In subsection (2)—

(a)after the entry for “Article 82” insert— “ “the CMA”; ”, and

(b)omit the entry for “the OFT”.

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

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I179Sch. 5 para. 45 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

46In section 65D (power to conduct an Article 22(1) investigation), in subsection (1), for “OFT” substitute “ CMA ”.E+W+S+N.I.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I180Sch. 5 para. 46 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

47In section 65E (powers when conducting Article 22(1) investigations), in subsections (1) and (5), for “OFT” (in each place where it occurs) substitute “ CMA ”.E+W+S+N.I.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I181Sch. 5 para. 47 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

48In section 65F (power to enter business premises without a warrant), in subsections (1) and (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.E+W+S+N.I.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I182Sch. 5 para. 48 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

49In section 65G (power to enter business premises under a warrant), in subsections (1)(b)(i) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.E+W+S+N.I.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I183Sch. 5 para. 49 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

50In section 65H (power to enter domestic premises under a warrant), in subsections (1)(b)(i) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.E+W+S+N.I.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I184Sch. 5 para. 50 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

51In section 65N (false or misleading information), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.E+W+S+N.I.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I185Sch. 5 para. 51 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

52In section 75A (rules in relation to Parts 2 and 2A), in subsections (1) to (8), for “OFT” (in each place where it occurs) substitute “ CMA ”.E+W+S+N.I.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I186Sch. 5 para. 52 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

53(1)Schedule 1 (exclusions: mergers and concentrations) is amended as follows.E+W+S+N.I.

(2)In paragraph 4, in sub-paragraphs (1) to (5), for “OFT” (in each place where it occurs) substitute “ CMA ”.

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

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I187Sch. 5 para. 53 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

54In Schedule 2 (exclusions: other competition scrutiny), in Part 3, in paragraph 5(3)(a), for “Director” substitute “ CMA ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I188Sch. 5 para. 54 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

55(1)Schedule 3 (general exclusions) is amended as follows.E+W+S+N.I.

(2)In paragraph 9, in sub-paragraphs (3) to (7), for “OFT” (in each place where it occurs) substitute “ CMA ”.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I189Sch. 5 para. 55 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

56(1)Schedule 6A (commitments) is amended as follows.E+W+S+N.I.

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

(3)In paragraph 2—

(a)in sub-paragraph (1), for “OFT” substitute “ CMA ”, and

(b)in sub-paragraph (2)—

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

(ii)for “OFT's” substitute “CMA's”.

(4)In paragraph 3, in sub-paragraph (1), for “OFT” substitute “ CMA ”.

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

(6)In paragraph 5, for “OFT” substitute “ CMA ”.

(7)In paragraph 6, for “OFT” substitute “ CMA ”.

(8)In paragraph 7, for “OFT” (in each place where it occurs) substitute “ CMA ”.

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

(10)In paragraph 10, for “OFT” substitute “ CMA ”.

(11)In paragraph 11, in sub-paragraph (1), for “OFT” substitute “ CMA ”.

(12)In paragraph 12, for “OFT” substitute “ CMA ”.

(13)In paragraph 13, for “OFT” substitute “ CMA ”.

(14)In paragraph 14, for “OFT” (in each place where it occurs) substitute “ CMA ”.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I190Sch. 5 para. 56 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

57(1)Schedule 8 (appeals) is amended as follows.E+W+S+N.I.

(2)In paragraph 2, in sub-paragraph (2), for “OFT's” substitute “CMA's”.

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

(4)In paragraph 3A, in sub-paragraph (3), for “OFT” substitute “ CMA ”.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I191Sch. 5 para. 57 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

58(1)Schedule 9 (rules under section 51) is amended as follows.E+W+S+N.I.

(2)In the heading, for “OFT's” substitute “CMA's”.

(3)In paragraph 1, for “OFT” substitute “ CMA ”.

(4)In paragraph 5, in sub-paragraphs (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

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

(6)In paragraph 9, for “OFT” (in each place where it occurs) substitute “ CMA ”.

(7)In paragraph 11, for “OFT” substitute “ CMA ”.

(8)In paragraph 12, in sub-paragraph (1)—

(a)for “OFT” substitute “ CMA ”, and

(b)for “OFT's” substitute “CMA's”.

(9)In paragraph 13—

(a)for “OFT” substitute “ CMA ”, and

(b)for “OFT's” substitute “CMA's”.

(10)In paragraph 14, for “OFT” substitute “ CMA ”.

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Commencement Information

I192Sch. 5 para. 58 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

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.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I193Sch. 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 ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I194Sch. 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 ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I195Sch. 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 ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I196Sch. 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).E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I197Sch. 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 ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I198Sch. 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 ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I199Sch. 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 ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I200Sch. 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 ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I201Sch. 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 ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I202Sch. 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 ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I203Sch. 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 ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I204Sch. 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 ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I205Sch. 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 ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I206Sch. 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 ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I207Sch. 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—E+W+S+N.I.

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.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I208Sch. 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 ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I209Sch. 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 ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I210Sch. 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 ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I211Sch. 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).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I212Sch. 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 ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I213Sch. 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 ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I214Sch. 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 ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I215Sch. 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 ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I216Sch. 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 ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I217Sch. 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 ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I218Sch. 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 ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I219Sch. 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 ”.E+W+S+N.I.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I220Sch. 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: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I221Sch. 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—E+W+S+N.I.

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: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I222Sch. 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 ”.E+W+S+N.I.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I223Sch. 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 ”.E+W+S+N.I.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I224Sch. 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 ”.E+W+S+N.I.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I225Sch. 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 ”.E+W+S+N.I.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I226Sch. 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: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I227Sch. 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 ”.E+W+S+N.I.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I228Sch. 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: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I229Sch. 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: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I230Sch. 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 ”.E+W+S+N.I.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I231Sch. 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: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I232Sch. 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: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I233Sch. 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 ”.E+W+S+N.I.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I234Sch. 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: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I235Sch. 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: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I236Sch. 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: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I237Sch. 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: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I238Sch. 5 para. 104 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

105Before section 63 insert—E+W+S+N.I.

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.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I239Sch. 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 ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I240Sch. 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 ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I241Sch. 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 ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I242Sch. 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 ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I243Sch. 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 ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I244Sch. 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)—E+W+S+N.I.

(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: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I245Sch. 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 ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I246Sch. 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 ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I247Sch. 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 ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I248Sch. 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 ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I249Sch. 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 ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I250Sch. 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 ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I251Sch. 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 ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I252Sch. 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 ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I253Sch. 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”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I254Sch. 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 ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I255Sch. 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 ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I256Sch. 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).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I257Sch. 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).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I258Sch. 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 ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I259Sch. 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 ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I260Sch. 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 ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I261Sch. 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 ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I262Sch. 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 ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I263Sch. 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).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I264Sch. 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 ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I265Sch. 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 ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I266Sch. 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 ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I267Sch. 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 ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I268Sch. 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).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I269Sch. 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 ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I270Sch. 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 ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I271Sch. 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).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I272Sch. 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 ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I273Sch. 5 para. 139 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)