SCHEDULES

SCHEDULE 6Regulatory appeals etc: minor and consequential amendments

PART 1Amendments to Acts

Water Industry Act 1991 (c. 56)

I152

The Water Industry Act 1991 is amended as follows.

I253

1

Section 12 (determinations under conditions of appointment) is amended as follows.

2

In subsection (2)—

a

for “Competition Commission” substitute “ CMA ”, and

b

for “the Commission” substitute “ the CMA ”.

3

In subsection (3)—

a

for “Competition Commission” substitute “ CMA ”, and

b

for “that Commission” (in each place where it occurs) substitute “ the CMA ”.

4

In subsection (3A), for “Commission” (in each place where it occurs) substitute “ CMA ”.

5

In subsections (3B) and (3C), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

6

After subsection (3C) insert—

3D

The functions of the CMA with respect to a reference under this section are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (including functions relating to the making of modifications following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act 2002, as applied by subsection (3B) read with section 16B).

I354

1

Section 14 (modification references) is amended as follows.

2

In subsection (1)—

a

for “Competition Commission” substitute “ CMA ”, and

b

for “the Commission” substitute “ the CMA ”.

3

In subsection (2)—

a

for “Competition Commission” substitute “ CMA ”, and

b

for “the Commission” substitute “ the CMA ”.

4

In subsection (3), for “Competition Commission” substitute “ CMA ”.

5

In subsection (5)—

a

for “Competition Commission” substitute “ CMA ”, and

b

for “the Commission” (in each place where it occurs) substitute “ the CMA ”.

6

In subsection (6), for “Competition Commission” substitute “ CMA ”.

7

After subsection (6) insert—

6A

The functions of the CMA with respect to a reference under this section are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (including functions relating to the making of modifications following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act 2002, as applied by sections 14B and 16B).

8

In the heading, for “Monopolies Commission” substitute “ CMA ”.

I455

In section 14A (references under section 14: time limits), in subsections (2) and (3), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

I556

1

Section 15 (reports on modification references) is amended as follows.

2

In subsection (1), for “Competition Commission” substitute “ CMA ”.

3

In subsection (1A)—

a

for “Competition Commission” substitute “ CMA ”, and

b

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

4

In subsections (1B), (3) to (3C) and (4), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

I657

In section 16 (modification following report), in subsections (1) and (4A), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

I758

1

Section 16A (power of veto following report) is amended as follows.

2

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

3

In subsections (2) to (9), for “Commission” (in each place where it occurs) substitute “ CMA ”.

4

Omit subsection (10).

5

In the heading, for “Commission's” substitute “CMA's”.

I859

1

Section 16B (power of veto following report: supplementary) is amended as follows.

2

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

3

In the heading, for “Commission's” substitute “CMA's”.

I960

In section 17 (modification by order under other enactments), in subsection (1), for “OFT, the Competition Commission” substitute “ CMA ”.

I1061

1

Section 17K (water supply licences: modification references) is amended as follows.

2

In subsection (1)—

a

for the words from “Competition Commission” to “the Commission”)” substitute “ CMA ”, and

b

for “Commission to” substitute “ CMA to ”.

3

In subsections (2) to (4), (6), (7) and (9), for “Commission” (in each place where it occurs) substitute “ CMA ”.

4

After subsection (9) insert—

10

The functions of the CMA with respect to a reference under this section are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (including functions relating to the making of modifications following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act 2002, as applied by sections 17M and 17Q).

5

In the heading, for “Competition Commission” substitute “ CMA ”.

I1162

In section 17L (references under section 17K: time limits), in subsections (2) and (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.

I1263

1

Section 17N (water supply licences: reports on modification references) is amended as follows.

2

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

3

In subsection (2)—

a

for “Commission” substitute CMA”, and

b

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

4

In subsections (3) to (7) and (9), for “Commission” (in each place where it occurs) substitute “ CMA ”.

I1364

In section 17O (water supply licences: modification following report), in subsections (1) and (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.

I1465

1

Section 17P (water supply licences: power of veto following report) is amended as follows.

2

In subsections (1) to (8) and (10) and (11), for “Commission” (in each place where it occurs) substitute “ CMA ”.

3

In the heading, for “Commission's” substitute “CMA's”.

I1566

1

Section 17Q (section 17P: supplementary) is amended as follows.

2

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

I1667

In section 17R (water supply licences: modification by order under other enactments), in subsection (1), for “OFT, the Commission” substitute “ CMA ”.

I1768

In section 219 (general interpretation), in subsection (1)—

a

after the definition of “the Authority” insert—

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

b

omit the definition of “the OFT”.