Modification of provisions of the 2002 Act4.

(1)

The modifications referred to in Article 3 are—

F1(2)

In section 109—

(a)

subsection (A1) is replaced by—

“A1

For the purposes of this section, a permitted purpose is assisting the CMA in carrying out any functions exercisable by it in connection with an appeal made to it under section 59 of the Postal Services Act.”, and

(b)

subsection (8A) is omitted.

(3)

Section 110(2) is omitted.

F2(3A)

After section 110(3), there is inserted—

“(3A)

No penalty shall be imposed by virtue of subsection (1) or (3) if more than 4 weeks have passed since the determination by the CMA of the appeal concerned; but this subsection shall not apply in relation to any variation or substitution of the penalty which is permitted by virtue of this Part.”,

(4)

In section 110(9) the words from “or section” to “section 65(3))” are omitted.

(5)

Section 111(5)(b)(ii) is replaced by—

“(ii)

if earlier, the day on which F3CMA determines an appeal under section 59 of the Postal Services Act 2011.”.

(6)

In section 117(1)(a) and (2)—

F4(a)

the words “, OFCOM or the Secretary of State” are omitted,

(aa)

the words “their functions” are replaced by “its functions”; and

(b)

the words “this Part” are replaced by “section 59 of the Postal Services Act 2011”.