PART 4Competition Reform

CHAPTER 5Miscellaneous

Concurrency

52Power to remove concurrent competition functions of sectoral regulators

1

The Secretary of State may make a sectoral regulator order if the Secretary of State considers that it is appropriate to do so for the purpose of promoting competition, within any market or markets in the United Kingdom, for the benefit of consumers.

2

A sectoral regulator order is an order that amends one or more enactments so as to remove from a sectoral regulator either or both of the following—

a

all the functions of the regulator under Part 1 of the 1998 Act that are exercisable concurrently by the regulator and the Competition and Markets Authority (“the CMA”) or that would be so exercisable but for provision made by virtue of section 54(5)(e) of that Act;

b

all the functions of the regulator under Part 4 of the 2002 Act that are exercisable concurrently by the regulator and the CMA.

3

A sectoral regulator order may make such other amendments of any enactment as the Secretary of State considers appropriate in consequence of the removal of the functions.

4

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

F3the Office of Rail and Road ;

e

the Northern Ireland Authority for Utility Regulation;

f

the Civil Aviation Authority.

F1g

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

F2h

the Financial Conduct Authority.

5

A sectoral regulator order may include transitional, transitory or saving provision.

6

A statutory instrument containing a sectoral regulator order is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

7

In this section—

  • “amend” includes repeal or revoke;

  • “enactment” includes—

    1. a

      an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978),

    2. b

      an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament,

    3. c

      an enactment contained in, or in an instrument made under, a Measure or Act of the National Assembly for Wales, and

    4. d

      an enactment contained in, or in an instrument made under, Northern Ireland legislation.

8

The references to the CMA in subsection (2) are to be read, in relation to any time before the commencement of section 25(3), as references to the Office of Fair Trading.