The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014
In accordance with section 99(5) of that Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament:
Citation, commencement, interpretation and extent1.
(1)
This Order may be cited as the Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 and comes into force on 1st April 2014.
(2)
In this Order—
“the Act” means the Enterprise and Regulatory Reform Act 2013;
“CMA” means the Competition and Markets Authority;
“Commission” means the Competition Commission;
“enactment” includes—
(a)
(b)
an enactment comprised in (or in an instrument made under) an Act of the Scottish Parliament, a Measure or Act of the National Assembly for Wales or Northern Ireland legislation;
“OFT” means the Office of Fair Trading.
(3)
An amendment or repeal made by this Order has the same extent as the enactment to which it relates.
Consequential amendments to other legislation etc.2.
Schedule 1 (which amends various enactments to make provision for the transfer of certain functions from the OFT and the Commission to the CMA and contains amendments consequential on Parts 3 and 4 of the Act) has effect.
Continuity of functions3.
(1)
Anything which, immediately before the commencement date, is in the process of being done by or in relation to the transferor may, so far as it relates to a relevant function, be continued by or in relation to the transferee.
(2)
Anything done (or having effect as if done) by or in relation to the transferor for the purposes of or in connection with a relevant function is, if in force or effective immediately before the commencement date, to have effect as if done by or in relation to the transferee so far as that is required for continuing its effect on or after the commencement date.
(3)
(a)
(b)
where any functions exercisable immediately before the commencement date by a Commission group are to be exercisable on or after that date by a CMA group—
(i)
any person who, immediately before the commencement date, is a member of the Commission group is to be treated, on or after that date, as a member of the CMA group concerned if the person is a member of the CMA panel,
(ii)
any person who, immediately before the commencement date, is the chairman of the Commission group is to be treated, on or after that date, as the chair of the CMA group if the person is a member of the CMA panel, and
(iii)
the persons treated as mentioned in paragraph (i) or (ii) are to be treated, on or after the commencement date, as if they have been constituted in accordance with Part 3 of Schedule 4 to the Act as the chair and other members of the CMA group (and that Part applies accordingly in relation to the operation of the group), and
(c)
an authorisation given (whether by warrant or otherwise) before the commencement date, so far as it authorises a named member, or member of staff, of the OFT or the Commission, continues to authorise that individual (but no other) on or after the commencement date if, and only if, the individual is a member, or (as the case may be, a member of staff, of the CMA.
(4)
Paragraphs (1) to (3)—
(a)
do not apply in relation to any matter dealt with by a transfer scheme under section 27 of the Act or by any other transitional provision made by virtue of the Act; and
(b)
do not apply so as to convert an appointment as a member of the OFT or the Commission into an appointment as a member of the CMA.
(5)
Any enactment, instrument or other document passed or made before the commencement date is to have effect, so far as necessary for the purposes of or in consequence of its continued effect by virtue of Schedule 2, as if any references (however expressed) to the transferor were references to the transferee.
(6)
Any enactment, instrument or other document passed or made before the commencement date is to have effect, so far as necessary for the purposes of or in consequence of—
(a)
anything transferred from the transferor to the transferee by virtue of this Order or Part 3 or 4 of the Act, or
(b)
the abolition of the OFT or the Commission,
as if any references (however expressed) to the transferor were references to the transferee
(7)
The repeals of section 45(4) of the Competition Act 1998 and section 2(3) of the Enterprise Act 2002 by Parts 3 and 4 of Schedule 5 to the Act do not apply so far as those sections create references to the transferor to which paragraph (5) or (6) above are capable of applying.
(8)
The abolition of the OFT or the Commission does not affect the validity of anything done (or having effect as if done) by or in relation to the transferor before the commencement date.
(9)
In this article—
“CMA Board” has the same meaning as in Schedule 4 to the Act (see Part 2 of that Schedule);
“CMA group” means a group constituted in accordance with Part 3 of Schedule 4 to the Act;
“CMA panel” has the same meaning as in Schedule 4 to the Act (see Part 3 of that Schedule);
“commencement date” means 1st April 2014;
“Commission group” means a group constituted under any enactment to perform functions of the Commission;
“relevant function” means any function of the transferor which is transferred to the transferee by this Order;
“transferee” means the CMA, the CMA Board, a CMA group, the chair of the CMA or another member of the CMA or (as the case may be) a member of staff of the CMA;
“transferor” means the OFT, the Commission, a Commission group, the chairman of the OFT or Commission, another member of the OFT or Commission, or a member of staff of the OFT or the Commission;
and references in this article to things done include references to things omitted to be done.
(10)
Schedule 2 (which makes further transitional provision in relation to amendments in Schedule 1 to the investigation powers of the CMA) has effect.
SCHEDULE 1TRANSFER OF FUNCTIONS OF OFT AND COMPETITION COMMISSION TO CMA AND AMENDMENTS CONSEQUENTIAL ON PARTS 3 AND 4 OF THE ACT
PART 1Amendments to the Enterprise Act 2002
1.
2.
3.
In section 109 (attendance of witnesses and production of documents etc), in subsection (1)(b), for “Commission” (in both places where it occurs) substitute “CMA”.
4.
In section 205 (super-complaints to regulators other than OFT), in subsection (1) and in the heading, for “OFT” substitute “CMA”.
5.
In section 206 (power to modify Schedule 8), in subsection (9) for “OFT and the Commission” substitute “CMA”.
6.
7.
8.
9.
In section 216 (applications: directions by OFT), in subsections (1) to (5) and in the heading, for “OFT” (in each place where it occurs) substitute “CMA”.
10.
11.
In section 220 (further proceedings), in subsections (2) and (6), for “OFT” (in each place where it occurs) substitute “CMA”.
12.
In section 224 (OFT), in subsections (1) and (2) and in the heading, for “OFT” substitute “CMA”.
13.
14.
(1)
(2)
In subsection (1)—
(a)
for the words from the beginning to “the OFT” substitute “The CMA”, and
(b)
in paragraph (b), for “OFT” substitute “CMA”.
(3)
In subsections (2) to (5), for “OFT” substitute “CMA”.
15.
(1)
Section 230 (notice to OFT of intended prosecution) is amended as follows.
(2)
In subsection (2)—
(a)
in the wording before paragraph (a), for “OFT” substitute “CMA”, and
(b)
omit paragraph (b).
(3)
In subsection (3), in paragraph (b)—
(a)
for “OFT” (in both places where it occurs) substitute “CMA”, and
(b)
omit “and summary”.
(4)
In subsection (4), for “OFT” substitute “CMA”.
16.
In section 231 (notice of convictions and judgments to OFT), in subsection (2) and in the heading, for “OFT” (in each place where it occurs) substitute “CMA”.
17.
“Parts 3 and 4 of the Enterprise and Regulatory Reform Act 2013.”
18.
(1)
(2)
Omit paragraphs 1 and 3 to 5.
(3)
In paragraph 15 (transitional provisions regarding enforcement undertakings and orders)—
(a)
“(2A)
Subject to sub-paragraph (3), the functions of the CMA under section 94(6) as applied by virtue of sub-paragraph (1) or (2) are to be carried out on its behalf by the CMA Board (within the meaning of Schedule 4 to the Enterprise and Regulatory Reform Act 2013).”, and
(b)
in sub-paragraph (3), in the wording after paragraph (b), for “the Commission” substitute “a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013”.
(4)
In paragraph 16 (powers to supersede, vary or release undertakings)—
(a)
in sub-paragraphs (2) and (3), for “relevant authority” (in each place where it occurs) substitute “CMA”,
(b)
in sub-paragraph (4), for “OFT” substitute “CMA”,
(c)
in sub-paragraph (5), for “relevant authority” substitute “CMA”, and
(d)
“(6)
The functions of the CMA under this paragraph are to be carried out on its behalf—
(a)
in the case of an undertaking accepted in pursuance of a proposal under section 56A of the 1973 Act or an undertaking under section 56F or 75G of that Act, by the CMA Board (within the meaning of Schedule 4 to the Enterprise and Regulatory Reform Act 2013), and
(b)
in the case of an undertaking accepted under section 88 of that Act, by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013.”
(5)
In paragraph 17—
(a)
in sub-paragraph (1), for “Commission” substitute “CMA”,
(b)
in sub-paragraph (2), for “OFT” substitute “CMA”,
(c)
in sub-paragraph (3)—
(i)
for “Commission” substitute “CMA”, and
(ii)
for the words from “sub-paragraph (1)” to “sub-paragraph (2),” substitute “sub-paragraphs (1) and (2)”,
(d)
in sub-paragraph (4)—
(i)
for “Commission” substitute “CMA”, and
(ii)
for the words from “sub-paragraph (1)” to “sub-paragraph (2),” substitute “sub-paragraphs (1) and (2)”,
(e)
in sub-paragraph (5), for “Commission or the OFT” substitute “CMA”, and
(f)
“(6)
The functions of the CMA under this paragraph are to be carried out on its behalf—
(a)
in the case of an order under sub-paragraph (1), by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, and
(b)
in the case of an order under sub-paragraph (2), by the CMA Board (within the meaning of Schedule 4 to the Enterprise and Regulatory Reform Act 2013).”
(6)
In paragraph 18—
(a)
“(1A)
Subject to sub-paragraph (2), the functions of the CMA under section 94(6) as applied by virtue of sub-paragraph (1) are to be carried out on its behalf by the CMA Board (within the meaning of Schedule 4 to the Enterprise and Regulatory Reform Act 2013).”,
(b)
in sub-paragraph (2)—
(i)
for “the Commission” (where it first appears) substitute “a group constituted by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (“CMA group”)”,
(ii)
for “it” substitute “a CMA group”,
(iii)
for “the Commission” (where it next appears) substitute “a CMA group”.
PART 2Amendments to other Acts of Parliament
Registered Designs Act 1949
19.
20.
(1)
(2)
In subsections (1) and (7), for “Competition Commission” (in each place where it occurs) substitute “Competition and Markets Authority”.
(3)
In subsection (3), for “Commission’s report as being those which in the Commission’s opinion”, substitute “Competition and Markets Authority’s report as being those which in the opinion of the Competition and Markets Authority”.
21.
(1)
(2)
In subsection (1)—
(a)
in paragraph (a), after “147(2)” insert “, 147A(2)”, and
(b)
in paragraph (b), for “Competition Commission” substitute “Competition and Markets Authority”.
(3)
In subsections (2) and (3), for “Competition Commission” substitute “Competition and Markets Authority”.
(4)
“(6)
References in this section to the Competition and Markets Authority are references to a CMA group except where—
(a)
section 75(2) of the Enterprise Act 2002 applies; or
(b)
any other enactment mentioned in subsection (1)(a) above applies and the functions of the Competition and Markets Authority under that enactment are being performed by the CMA Board by virtue of section 34C(3) or 133A(2) of the Enterprise Act 2002.”
(5)
In subsection (7)—
(i)
for “or 141” substitute “, 141 or 141A”,
(ii)
for “Competition Commission” substitute “Competition and Markets Authority”, and
(iii)
for “or 147” substitute “, 147 or 147A”.
(6)
“(9)
In subsection (6) “CMA Board” and “CMA group” have the same meaning as in Schedule 4 to the Enterprise and Regulatory Reform Act 2013.”
Agricultural Marketing Act 1958
22.
23.
(a)
in subsection (1B), after “147(2)”, insert “or 147A(2)”, and
(b)
in subsection (1C)(a), for “Competition Commission” substitute “Competition and Markets Authority”.
24.
“(aa)
made to the Competition and Markets Authority, if it is made for the purpose of enabling the Authority to perform any of its functions under—
(i)
the Fair Trading Act 1973;
(ii)
the Competition Act 1980;
(iii)
the Enterprise Act 2002; or
(iv)
Part 3 of the Enterprise and Regulatory Reform Act 2013.”
Public Records Act 1958
25.
Parliamentary Commissioner Act 1967
26.
Superannuation Act 1972
27.
Fair Trading Act 1973
28.
(a)
omit the definition of “the Commission”,
(b)
in the definition of “Minister” for “establishment consisting of the Director and his staff” substitute “Competition and Markets Authority”.
House of Commons Disqualification Act 1975
29.
Northern Ireland Assembly Disqualification Act 1975
30.
Patents Act 1977
31.
32.
(1)
(2)
In subsection (1)(a), after “147(2)” insert “, 147A(2)”.
(3)
In subsections (1)(b), (2) and (3), for “Competition Commission” substitute “Competition and Markets Authority”.
(4)
“(5)
References in this section to the Competition and Markets Authority are references to a CMA group except where—
(a)
section 75(2) of the Enterprise Act 2002 applies; or
(b)
any other enactment mentioned in subsection (1)(a) above applies and the functions of the Competition and Markets Authority under that enactment are being performed by the CMA Board by virtue of section 34C(3) or 133A(2) of the Enterprise Act 2002.”.
(5)
In subsection (6)—
(a)
for “or 141” substitute “, 141 or 141A”;
(b)
for “Competition Commission” substitute “Competition and Markets Authority”; and
(c)
for “or 147” substitute “, 147 or 147A”.
(6)
“(8)
In subsection (5) “CMA Board” and “CMA group” have the same meaning as in Schedule 4 to the Enterprise and Regulatory Reform Act 2013.”
33.
(1)
(2)
In subsection (1), for “Competition Commission” substitute “Competition and Markets Authority”.
(3)
In subsection (3) for “Commission’s report as being those which in the Commission’s opinion”, substitute “Competition and Markets Authority’s report as being those which in the opinion of the Competition and Markets Authority”.
(4)
In subsection (4) for “Commission” substitute “Competition and Markets Authority”.
(5)
In the heading, for “Competition Commission” substitute “Competition and Markets Authority”.
34.
Competition Act 1980
35.
36.
(1)
(2)
In subsection (1)—
(a)
in the words before paragraph (a), for “(2) and” substitute “(1A) to”, and
(b)
“(ba)
section 110A (restriction on powers to impose penalties under section 110)32;”.
(3)
“(1A)
Section 109 shall in its application by virtue of subsection (1) above, have effect as if—
(a)
in subsection (A1)33, for paragraphs (a) and (b) there were substituted—“(a)
assisting the CMA in carrying out any functions, including enforcement functions, in connection with a reference under section 11 of the Competition Act 1980 (the “1980 Act”) (references of public bodies and certain other persons to the CMA);
(b)
assisting the Secretary of State in carrying out any functions, including enforcement functions, in connection with an order under section 11D of that Act (interim orders) or section 12 of that Act (orders following report under section 11 of that Act).”, and
(b)
in subsection (8A)34, for paragraphs (a) and (b) there were substituted—“(a)
in relation to the CMA, functions conferred by virtue of section 87 on the CMA by orders under section 11D or 12 of the 1980 Act;
(b)
in relation to the Secretary of State—
(i)
functions conferred by virtue of section 87 on the Secretary of State by orders under section 11D or 12 of the 1980 Act;
(ii)
the functions of the Secretary of State in relation to the variation or revocation of orders under section 11D or 12 of the 1980 Act.”
(4)
In subsection (2), omit paragraph (b).
(5)
“(2A)
Section 110A shall, in its application by virtue of subsection (1) above, have effect as if for subsections (5) to (8) there were substituted—“(5)
Where the section 109 power is exercised for the purpose mentioned in subsection (A1)(a) of that section, in connection with a reference under section 11 of the 1980 Act, the relevant day is the day when the report of the CMA on the reference concerned is laid before both Houses of Parliament.
(6)
Where the section 109 power is exercised for the purpose mentioned in subsection (A1)(b) of that section, in connection with an order under section 11D of the 1980 Act (interim orders) or section 12 of that Act (orders following report under section 11 of that Act), the relevant day is the day when the Secretary of State makes the order concerned or decides not to make an order under section 11D or 12 of that Act, as the case may be.”
(6)
“(3)
Section 111(5)(b) shall, in its application by virtue of subsection (1) above, have effect as if for sub-paragraph (ii) there were substituted—“(ii)
if earlier, the day on which the report of the CMA on the reference concerned is made or, if no such report is made within the period permitted for that purpose, the latest day on which the report may be made within the permitted period.”.
37.
(a)
at the end of paragraph (b), omit “and”, and
(b)
“; and
(d)
section 94A (interim orders: penalties).”
Civil Aviation Act 1982
38.
Telecommunications Act 1984
39.
40.
(1)
(2)
In subsection (2)(b), for “the Office of Fair Trading, the Commission” substitute “the Competition and Markets Authority”.
(3)
“(w)
Parts 3 and 4 of the Enterprise and Regulatory Reform Act 2013”
(4)
In subsection (6), for “the Office of Fair Trading” substitute “the Competition and Markets Authority”.
41.
Companies Act 1985
42.
(1)
(2)
In paragraph 17—
(a)
for “Office of Fair Trading” substitute “Competition and Markets Authority”, and
(b)
“(l)
Parts 3 and 4 of the Enterprise and Regulatory Reform Act 2013.”.
(3)
Omit paragraph 18.
Airports Act 1986
43.
(1)
(2)
In subsection (2), for “the Commission, the Office of Fair Trading” substitute “the Competition and Markets Authority”.
(3)
“(y)
Parts 3 and 4 of the Enterprise and Regulatory Reform Act 2013”.
(4)
In subsection (4)(b), at the end, insert “(prior to the abolition of the Competition Commission by section 26 of the Enterprise and Regulatory Reform Act 2013)”.
(5)
Omit subsection (6).
Gas Act 1986
44.
45.
46.
(a)
omit paragraph (a), and
(b)
in paragraph (c), for “the Office of Fair Trading” substitute “the CMA”.
47.
48.
49.
50.
(1)
(2)
In subsection (2), for “Office of Fair Trading” substitute “CMA”.
(3)
In subsection (2A)—
(a)
for “Office of Fair Trading” substitute “CMA”,
(b)
for “and 171” substitute “, 171 and 174E”, and
(c)
“those functions—
(a)
are exercisable by the CMA Board (within the meaning of Schedule 4 to the Enterprise and Regulatory Reform Act 2013), and
(b)
relate to”.
(4)
In subsection (2B)—
(a)
“above—
(a)
references”,
(b)
for “Office of Fair Trading” substitute “CMA”,
(c)
for “and 171” substitute “, 171 and 174E”, and
(d)
“requires);
(b)
references in that Part to section 5 of the Act of 2002 are to be construed as including references to section 34(1) and (2) of this Act.”
(5)
“(2C)
Section 130A of the Enterprise Act 2002 is to have effect in its application in relation to the Authority by virtue of subsections (2) and (2A)—
(a)
as if for subsection (1) of that section there were substituted—“(1)
Where the Gas and Electricity Markets Authority—
(a)
is proposing to carry out its functions under section 34(1) or (2) of the Gas Act 1986 in relation to a matter for the purposes mentioned in subsection (2), and
(b)
considers that the matter is one in respect of which it would be appropriate for the Authority to exercise its powers under section 174 (investigation) in connection with deciding whether to make a reference under section 131,
the Authority must publish a notice under this section (referred to in this Part as a “market study notice”).”, and
(b)
as if in subsection (2)(a) of that section, for “the acquisition or supply of goods or services of one or more than one description in the United Kingdom” there were substituted “commercial activities connected with the carrying on of activities to which section 36A(2A) of the Gas Act 1986 applies”.”
(6)
In subsection (3), for “Office of Fair Trading” (in each place where it occurs) substitute “CMA”.
(7)
In subsection (3A), for “the Office of Fair Trading” substitute “the CMA”.
(8)
In subsections (5) and (5A), for “Office of Fair Trading” (in each place where it occurs) substitute “CMA”.
(9)
In subsection (6)—
(a)
in the words before paragraph (a)—
(i)
for “the Competition Commission” substitute “a CMA group”,
(ii)
for “reference made to them by the Authority” substitute “market investigation reference made by the Authority (under section 131 of the Act of 2002)”, and
(b)
for “Commission” (in each place where it occurs) substitute “group”.
(10)
“(6A)
In subsection (6) “CMA group” has the same meaning as in Schedule 4 to the Enterprise and Regulatory Reform Act 2013.”
(11)
In subsection (7), for “the Office of Fair Trading” substitute “the CMA”.
(12)
In subsection (8), for “Office of Fair Trading” substitute “CMA”.
51.
(1)
(2)
In subsection (1), after “subsections” insert “(1A),”.
(3)
“(1A)
Section 109 shall, in its application by virtue of subsection (1) above, have effect as if—
(a)
for subsection (A1), there were substituted—“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 a reference under section 41E of the Gas Act 1986.”, and
(b)
subsection (8A) were omitted.”
(4)
In subsection (2)—
(a)
at the end of paragraph (a), omit “and”,
(b)
“(aa)
after subsection (3), there were inserted—“(3A)
No penalty shall be imposed by virtue of subsection (1) or (3) if more than 4 weeks have passed since the publication of the report of the CMA on the reference 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.”; and
(5)
“(3)
Section 111(5)(b) shall, in its application by virtue of subsection (1) above, have effect as if for sub-paragraph (ii) there were substituted—“(ii)
if earlier, the day on which the report of the CMA on the reference concerned is made or, if no such report is made within the period permitted for that purpose, the latest day on which the report may be made within the permitted period.”.
Company Directors Disqualification Act 1986
52.
53.
In the following provisions, for “OFT” (in each place where it occurs) substitute “Competition and Markets Authority”—
(a)
(b)
section 9A(10) (competition disqualification order),
(c)
section 9B(1), (2) and (7) (competition undertakings),
(d)
(e)
(f)
(g)
54.
“(ba)
the reference in subsection (6A)(b) to notice under section 31(1) of the Competition Act 1998 that the regulator proposes to make a decision within the meaning given by section 31(2) of that Act is to be read as notice under section 9C(4) that the specified regulator proposes to apply under section 9A for a disqualification order;”.
Copyright, Designs and Patents Act 1988
55.
56.
57.
(1)
(2)
In subsection (1)—
(a)
for “, the Office of Fair Trading or (as the case may be) the Competition Commission” substitute “or (as the case may be) the Competition and Markets Authority”;
(b)
after “147(2)” insert “, 147A(2)”; and
(c)
for “Commission” substitute “Competition and Markets Authority”.
(3)
In subsection (3), for “, the Office of Fair Trading or (as the case may be) the Competition Commission” substitute “or (as the case may be) the Competition and Markets Authority”.
(4)
In the heading, for “Monopolies and Mergers Commission” substitute “Competition and Markets Authority”.
58.
(a)
for “, the Competition Commission or (as the case may be) the Office of Fair Trading” substitute “or (as the case may be) the Competition and Markets Authority”;
(b)
after “147(2)” insert “, 147A(2)”; and
(c)
for “Commission” substitute “Competition and Markets Authority”.
59.
(a)
in sub-paragraph (1)—
(i)
for “, the Competition Commission or (as the case may be) the Office of Fair Trading” substitute “or (as the case may be) the Competition and Markets Authority”;
(ii)
after “147(2)” insert “, 147A(2)”; and
(iii)
for “Commission” substitute “Competition and Markets Authority”;
(b)
in sub-paragraph (3), for “, the Competition Commission or (as the case may be) the Office of Fair Trading” substitute “or (as the case may be) the Competition and Markets Authority.
Water Act 1989
60.
(1)
(2)
In subsection (2)—
(a)
in paragraph (a) and (d)(iii), for “Competition Commission” (in each place where it occurs) substitute “Competition and Markets Authority”; and
(b)
omit paragraph (d)(ii).
(3)
“(o)
Parts 3 and 4 of the Enterprise and Regulatory Reform Act 2013.”
(4)
In subsection (4), for “Competition Commission” substitute “Competition and Markets Authority”.
Electricity Act 1989
61.
62.
63.
(a)
omit paragraph (a), and
(b)
in paragraph (c), for “the Office of Fair Trading” substitute “the CMA”.
64.
65.
(1)
(2)
In subsection (2), for “Office of Fair Trading” substitute “CMA”.
(3)
In subsection (2A)—
(a)
for “Office of Fair Trading” substitute “CMA”,
(b)
for “and 171” substitute “, 171 and 174E”, and
(c)
“those functions—
(a)
are exercisable by the CMA Board (within the meaning of Schedule 4 to the Enterprise and Regulatory Reform Act 2013), and
(b)
relate to”.
(4)
In subsection (2B)—
(a)
“above—
(a)
references”,
(b)
for “Office of Fair Trading” substitute “CMA”,
(c)
for “and 171” substitute “, 171 and 174E”, and
(d)
“requires);
(b)
references in that Part to section 5 of the Act of 2002 are to be construed as including references to section 47(1) of this Act.”
(5)
“(2C)
Section 130A of the Enterprise Act 2002 is to have effect in its application in relation to the Authority by virtue of subsections (2) and (2A)—
(a)
as if for subsection (1) of that section there were substituted—“(1)
Where the Gas and Electricity Markets Authority—
(a)
is proposing to carry out its functions under section 47(1) of the Electricity Act 1989 in relation to a matter for the purposes mentioned in subsection (2), and
(b)
considers that the matter is one in respect of which it would be appropriate for the Authority to exercise its powers under section 174 (investigation) in connection with deciding whether to make a reference under section 131,
the Authority must publish a notice under this section (referred to in this Part as a “market study notice”).”, and
(b)
as if in subsection (2)(a) of that section, for “the acquisition or supply of goods or services of one or more than one description in the United Kingdom” there were substituted “commercial activities connected with the generation, transmission or supply of electricity or the use of electricity interconnectors”.”
(6)
In subsection (3), for “Office of Fair Trading” (in each place where it occurs) substitute “CMA”.
(7)
In subsection (3A) for “the Office of Fair Trading” substitute “the CMA”.
(8)
In subsections (4) and (4A) for “Office of Fair Trading” (in each place where it occurs) substitute “CMA”.
(9)
In subsection (5)—
(a)
in the words before paragraph (a)—
(i)
for “the Competition Commission” substitute “a CMA group”,
(ii)
for “reference made to them by the Authority” substitute “market investigation reference made by the Authority (under section 131 of the Act of 2002)”, and
(b)
for “Commission” (in each place where it occurs) substitute “group”.
(10)
“(5A)
In subsection (5) “CMA group” has the same meaning as in Schedule 4 to the Enterprise and Regulatory Reform Act 2013.”
(11)
In subsection (6), for “the Office of Fair Trading” substitute “the CMA”.
(12)
In subsection (6A), for “Office of Fair Trading” substitute “CMA”.
66.
67.
68.
(1)
(2)
In subsection (1), after “subsections” insert “(1A),”.
(3)
“(1A)
Section 109 shall, in its application by virtue of subsection (1) above, have effect as if—
(a)
for subsection (A1), there were substituted—“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 a reference under section 56C of the Electricity Act 1989.”, and
(b)
subsection (8A) were omitted.”
(4)
In subsection (2)—
(a)
at the end of paragraph (a), omit “and”, and
(b)
“(aa)
after subsection (3), there were inserted—“(3A)
No penalty shall be imposed by virtue of subsection (1) or (3) if more than 4 weeks have passed since the publication of the report of the CMA on the reference 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.”; and
(5)
“(3)
Section 111(5)(b) shall, in its application by virtue of subsection (1) above, have effect as if for sub-paragraph (ii) there were substituted—“(ii)
if earlier, the day on which the report of the CMA on the reference concerned is made or, if no such report is made within the period permitted for that purpose, the latest day on which the report may be made within the permitted period.”.
Companies Act 1989
69.
Broadcasting Act 1990
70.
71.
(a)
in subsection (2)(b), after “the market” insert “or markets”, and
(b)
in subsection (2A), for “Office of Fair Trading, the Competition Commission” (in each place where it occurs) substitute “Competition and Markets Authority”.
72.
(1)
(2)
In subsections (2) and (5) to (8), for “OFT” (in each place where it occurs) substitute “CMA”.
(3)
In subsection (9)—
(a)
in the definition of “Chapter III powers”, for “OFT” substitute “CMA”,
(b)
omit the definition of “OFT”, and
(c)
““CMA” means the Competition and Markets Authority;”.
Water Industry Act 1991
73.
74.
75.
(1)
(2)
In subsection (1), after “subsections” insert “(1A),”.
(3)
“(1A)
Section 109 shall, in its application by virtue of subsection (1) above, have effect as if—
(a)
for subsection (A1), there were substituted—“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 a reference under section 14 of the Water Industry Act 1991.”, and
(b)
subsection (8A) were omitted.”
(4)
In subsection (2)—
(a)
at the end of paragraph (a), omit “and”,
(b)
“(aa)
after subsection (3), there were inserted—“(3A)
No penalty shall be imposed by virtue of subsection (1) or (3) if more than 4 weeks have passed since the publication of the report of the CMA on the reference 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.”; and
(5)
“(3)
Section 111(5)(b) shall, in its application by virtue of subsection (1) above, have effect as if for sub-paragraph (ii) there were substituted—“(ii)
if earlier, the day on which the report of the CMA on the reference concerned is made or, if no such report is made within the period permitted for that purpose, the latest day on which the report may be made within the permitted period.”.
76.
(1)
(2)
In subsection (6), after “subsections” insert “(6A),”.
(3)
“(6A)
Section 109 shall, in its application by virtue of subsection (6) above, have effect as if—
(a)
for subsection (A1), there were substituted—“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 investigation for the purposes of the exercise of its functions under section 16A of the Water Industry Act 1991.”, and
(b)
subsection (8A) were omitted.”
(4)
“(b)
after subsection (3), there were inserted—“(3A)
No penalty shall be imposed by virtue of subsection (1) or (3) if more than 4 weeks have passed since the publication by the CMA of a notice under section 16A(9) of the Water Industry Act 1991 in connection with the reference concerned or, if no direction has been given by the CMA under section 16A(1) of that Act in connection with the reference concerned and within the period permitted for that purpose, the latest day on which it was possible to give such a direction within the permitted period; but this subsection shall not apply in relation to any variation or substitution of the penalty which is permitted by virtue of this Part.”; and
77.
78.
(1)
(2)
In subsection (1), after “subsections” insert “(1A),”.
(3)
“(1A)
Section 109 shall, in its application by virtue of subsection (1) above, have effect as if—
(a)
for subsection (A1), there were substituted—“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 a reference under section 17K of the Water Industry Act 1991.”, and
(b)
subsection (8A) were omitted.”
(4)
In subsection (2)—
(a)
at the end of paragraph (a), omit “and”,
(b)
“(aa)
after subsection (3), there were inserted—“(3A)
No penalty shall be imposed by virtue of subsection (1) or (3) if more than 4 weeks have passed since the publication of the report of the CMA on the reference 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.”; and
(5)
“(3)
Section 111(5)(b) shall, in its application by virtue of subsection (1) above, have effect as if for sub-paragraph (ii) there were substituted—“(ii)
if earlier, the day on which the report of the CMA on the reference concerned is made or, if no such report is made within the period permitted for that purpose, the latest day on which the report may be made within the permitted period.”.
79.
(1)
(2)
In subsection (6), after “subsections” insert “(6A),”.
(3)
“(6A)
Section 109 shall, in its application by virtue of subsection (6) above, have effect as if—
(a)
for subsection (A1), there were substituted—“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 investigation for the purposes of the exercise of its functions under section 17P of the Water Industry Act 1991.”, and
(b)
subsection (8A) were omitted.”
(4)
“(b)
after subsection (3), there were inserted—“(3A)
No penalty shall be imposed by virtue of subsection (1) or (3) if more than 4 weeks have passed since the publication by the CMA of a notice under section 17P(9) of the Water Industry Act 1991 in connection with the reference concerned or, if no direction has been given by the CMA under section 17P(1) of that Act in connection with the reference concerned and within the period permitted for that purpose, the latest day on which it was possible to give such a direction within the permitted period; but this subsection shall not apply in relation to any variation or substitution of the penalty which is permitted by virtue of this Part.”; and
80.
81.
82.
83.
84.
(1)
(2)
In subsection (2), for “OFT” substitute “CMA”.
(3)
In subsection (2A)—
(a)
for “OFT” substitute “CMA”,
(b)
for “and 171” substitute “, 171 and 174E”, and
(c)
“those functions—
(a)
are exercisable by the CMA Board (within the meaning of Schedule 4 to the Enterprise and Regulatory Reform Act 2013), and
(b)
relate to”.
(4)
In subsection (3), for “OFT” (in each place where it occurs) substitute “CMA”.
(5)
In subsection (4)—
(a)
“above—
(a)
references”,
(b)
for “OFT” substitute “CMA”,
(c)
for “and 171” substitute “, 171 and 174E”, and
(d)
“requires);
(b)
references in that Part to section 5 of the 2002 Act are to be construed as including references to section 27(1) and (2) of this Act.”
(6)
“(4ZA)
Section 130A of the 2002 Act is to have effect in its application in relation to the Authority by virtue of subsections (2) and (2A)—
(a)
as if for subsection (1) of that section there were substituted—“(1)
Where the Water Services Regulation Authority—
(a)
is proposing to carry out its functions under section 27(1) and (2) of the Water Industry Act 1991 in relation to a matter for the purposes mentioned in subsection (2), and
(b)
considers that the matter is one in respect of which it would be appropriate for the Authority to exercise its powers under section 174 (investigation) in connection with deciding whether to make a reference under section 131,
the Authority must publish a notice under this section (referred to in this Part as a “market study notice”).”, and
(b)
as if in subsection (2)(a) of that section, for “the acquisition or supply of goods or services of one or more than one description in the United Kingdom” there were substituted “commercial activities connected with the supply of water or the provision of sewerage services (within the meaning given by section 219(1) of the Water Industry Act 1991)”.”
(7)
In subsection (4A), for “the OFT” substitute “the CMA”.
(8)
In subsections (5) and (6), for “OFT” (in each place where it occurs) substitute “CMA”.
(9)
In subsection (7)—
(a)
in the words before paragraph (a)—
(i)
for “the Competition Commission” substitute “a CMA group”,
(ii)
for “reference made to them by the Authority” substitute “market investigation reference made by the Authority (under section 131 of the 2002 Act)”, and
(b)
for “Commission” (in each place where it occurs) substitute “group”.
(10)
“(7A)
In subsection (7) “CMA group” has the same meaning as in Schedule 4 to the Enterprise and Regulatory Reform Act 2013.”
(11)
In subsection (8), for “the OFT” substitute “the CMA”.
(12)
In subsection (8A), for “OFT” substitute “CMA”.
85.
86.
In section 33 (exclusion of small mergers from duty to make reference), in subsections (1) and (6), for “OFT” (in each place where it occurs) substitute “CMA”.
87.
88.
89.
(a)
for “Competition Commission” substitute “CMA”, and
(b)
for “by it” substitute “by the Authority”.
90.
91.
92.
(1)
(2)
In subsections (3)(a) and (4)(a), for “Competition Commission” (in each place where it occurs) substitute “CMA”.
(3)
In subsection (9A), for “OFT” substitute “CMA”.
93.
(1)
(2)
In paragraph 2, for “3 to 6” substitute “2A to 6”.
(3)
“2A.
Where a reference is made to the chair of the CMA under section 32 for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, the functions of the CMA in relation to the matter are to be carried out on behalf of the CMA by the group so constituted in any case where those functions would be carried out by a group so constituted in relation to a reference under Part 3 of that Act.”
(4)
In paragraph 3—
(a)
in sub-paragraphs (1) and (2), for “Competition Commission” substitute “CMA”, and
(b)
in sub-paragraphs (3) to (6)—
(i)
for “Competition Commission” substitute “CMA”, and
(ii)
for the words from “in pursuance” to the end substitute “under Schedule 4 to the Enterprise and Regulatory Reform Act 2013”.
(5)
In paragraph 4, for “Competition Commission” (in each place where it occurs) substitute “CMA”.
(6)
In paragraph 5, for “OFT” substitute “CMA”.
(7)
In paragraphs 6 and 7, for “Competition Commission” substitute “CMA”.
94.
(a)
in Part 1 (persons in respect of whose functions disclosure may be made), omit “The OFT.” and for “Competition Commission” substitute “CMA”, and
(b)
“Parts 3 and 4 of the Enterprise and Regulatory Reform Act 2013.”
Water Resources Act 1991
95.
96.
97.
(a)
in Part 1 (persons in respect of whose functions disclosure may be made), omit “The Office of Fair Trading” and for “The Competition Commission” substitute “The Competition and Markets Authority”, and
(b)
“Parts 3 and 4 of the Enterprise and Regulatory Reform Act 2013.”
Tribunals and Inquiries Act 1992
98.
(a)
at the end of paragraph (a), insert “or”, and
(b)
omit paragraph (b).
Railways Act 1993
99.
100.
101.
(1)
(2)
In subsection (1), after “subsections” insert “(1A),”.
(3)
“(1A)
Section 109 shall, in its application by virtue of subsection (1) above, have effect as if—
(a)
for subsection (A1), there were substituted—“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 a reference under section 13 of the Railways Act 1993.”, and
(b)
subsection (8A) were omitted.”
(4)
In subsection (2)—
(a)
at the end of paragraph (a), omit “and”,
(b)
“(aa)
after subsection (3), there were inserted—“(3A)
No penalty shall be imposed by virtue of subsection (1) or (3) if more than 4 weeks have passed since the publication of the report of the CMA on the reference 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.”; and
(5)
“(3)
Section 111(5)(b) shall, in its application by virtue of subsection (1) above, have effect as if for sub-paragraph (ii) there were substituted—“(ii)
if earlier, the day on which the report of the CMA on the reference concerned is made or, if no such report is made within the period permitted for that purpose, the latest day on which the report may be made within the permitted period.”.
102.
(1)
(2)
In subsection (2D), after “subsections” insert “(2DA),”.
(3)
“(2DA)
Section 109 shall, in its application by virtue of subsection (2D) above, have effect as if—
(a)
for subsection (A1), there were substituted—“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 investigation for the purposes of the exercise of its functions under section 15A or 15B of the Railways Act 1993.”, and
(b)
subsection (8A) were omitted.”
(4)
In subsection (2E)—
(a)
“(b)
after subsection (3), there were inserted—“(3A)
No penalty shall be imposed by virtue of subsection (1) or (3) if more than 4 weeks have passed since the sending of a copy to the Office of Rail Regulation under section 15B(5) of the Railways Act 1993 of the modifications made by the CMA in connection with the reference concerned or, if no direction has been given by the CMA under section 15A(1) of that Act in connection with the reference concerned and within the period permitted for that purpose, the latest day on which it was possible to give such a direction within the permitted period; but this subsection shall not apply in relation to any variation or substitution of the penalty which is permitted by virtue of this Part.”; and
103.
104.
105.
(1)
(2)
In subsection (2), for “OFT” substitute “CMA”.
(3)
In subsection (2A)—
(a)
for “OFT” substitute “CMA”,
(b)
for “and 171” substitute “, 171 and 174E”, and
(c)
“those functions—
(a)
are exercisable by the CMA Board (within the meaning of Schedule 4 to the Enterprise and Regulatory Reform Act 2013), and
(b)
relate to”.
(4)
In subsection (2B)—
(a)
“above—
(a)
references”,
(b)
for “OFT” substitute “CMA”,
(c)
for “and 171” substitute “, 171 and 174E”, and
(d)
“requires);
(b)
references in that Part to section 5 of the Act of 2002 are to be construed as including references to section 69(1) of this Act.”
(5)
“(2C)
Section 130A of the Act of 2002 is to have effect in its application in relation to the Office of Rail Regulation by virtue of subsections (2) and (2A)—
(a)
as if for subsection (1) of that section there were substituted—“(1)
Where the Office of Rail Regulation—
(a)
is proposing to carry out its functions under section 69(1) of the Railways Act 1993 in relation to a matter for the purposes mentioned in subsection (2), and
(b)
considers that the matter is one in respect of which it would be appropriate for it to exercise its powers under section 174 (investigation) in connection with deciding whether to make a reference under section 131,
the Office of Rail Regulation must publish a notice under this section (referred to in this Part as a “market study notice”).”, and
(b)
as if in subsection (2)(a) of that section, for “the acquisition or supply of goods or services of one or more than one description in the United Kingdom” there were substituted “the supply of services relating to railways within the meaning of section 67(3ZA) of the Railways Act 1993”.”
(6)
In subsections (3), (4) and (4A), for “OFT” (in each place where it occurs) substitute “CMA”.
(7)
In subsection (3A), for “the OFT” substitute “the CMA”
(8)
In subsection (5)—
(a)
in the words before paragraph (a), for “the Competition Commission” substitute “a CMA group”, and
(b)
for “Commission” (in each place where it occurs) substitute “group”.
(9)
In subsection (6)—
(a)
in paragraph (a) for “reference made to the Competition Commission by the Office of Rail Regulation” substitute “market investigation reference made by the Office of Rail Regulation (under section 131 of the Enterprise Act 2002)”, and
(b)
in paragraph (b) for “Commission” substitute “CMA”.
(10)
“(6A)
In subsection (5) “CMA group” has the same meaning as in Schedule 4 to the Enterprise and Regulatory Reform Act 2013.”
(11)
In subsection (7)—
(a)
for “Competition Commission” substitute “CMA”, and
(b)
for “Commission” substitute “CMA”.
(12)
In subsection (8), for “the OFT” substitute “the CMA”.
(13)
In subsection (9), for “OFT” substitute “CMA”.
(14)
For the heading substitute “Competition functions of the Office of Rail Regulation”.
106.
107.
108.
109.
(1)
(2)
In subsection (2)—
(a)
in paragraph (a), for “Competition Commission” substitute “Competition and Markets Authority”,
(b)
in paragraph (b)—
(i)
omit sub-paragraph (ii), and
(ii)
in sub-paragraph (iii) for “Competition Commission” substitute “Competition and Markets Authority”.
(3)
“(t)
Parts 3 and 4 of the Enterprise and Regulatory Reform Act 2013”.
(4)
In subsection (5)(a), for “Competition Commission” substitute “Competition and Markets Authority”.
(5)
In subsection (6A), for “the Office of Fair Trading” substitute “the Competition and Markets Authority”.
110.
111.
(1)
(2)
In sub-paragraph (1), after “sub-paragraphs” insert “(1A),”.
(3)
“(1A)
Section 109 shall, in its application by virtue of sub-paragraph (1) above, have effect as if—
(a)
for subsection (A1), there were substituted—“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 a reference under paragraph 9 of Schedule 4A to the Railways Act 1993.”, and
(b)
subsection (8A) were omitted.”
(4)
In sub-paragraph (2)—
(a)
at the end of paragraph (a), omit “and”,
(b)
“(aa)
after subsection (3), there were inserted—“(3A)
No penalty shall be imposed by virtue of subsection (1) or (3) if more than 4 weeks have passed since the publication of the report of the CMA on the reference 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.”; and
(5)
“(3)
Section 111(5)(b) shall, in its application by virtue of sub-paragraph (1) above, have effect as if for sub-paragraph (ii) there were substituted—“(ii)
if earlier, the day on which the report of the CMA on the reference concerned is made or, if no such report is made within the period permitted for that purpose, the latest day on which the report may be made within the permitted period.”.
112.
(1)
(2)
In subsection (2D), after “subsections” insert “(2DA),”.
(3)
“(2DA)
Section 109 shall, in its application by virtue of sub-paragraph (2D) above, have effect as if—
(a)
for subsection (A1), there were substituted—“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 investigation for the purposes of the exercise of its functions under paragraphs 13 or 14 of Schedule 4A to the Railways Act 1993.”, and
(b)
subsection (8A) were omitted.”
(4)
In sub-paragraph (2E)—
(a)
“(b)
after subsection (3), there were inserted—“(3A)
No penalty shall be imposed by virtue of subsection (1) or (3) if more than 4 weeks have passed since the sending of a copy to the Office of Rail Regulation under paragraph 14 of Schedule 4A to the Railways Act 1993 of the relevant changes made by the CMA in connection with the reference concerned or, if no direction has been given by the CMA under paragraph 13 of that Schedule to that Act in connection with the reference concerned and within the period permitted for that purpose, the latest day on which it was possible to give such a direction within the permitted period; but this subsection shall not apply in relation to any variation or substitution of the penalty which is permitted by virtue of this Part.”; and
Coal Industry Act 1994
113.
(a)
in subsection (3)(e)—
(i)
omit sub-paragraph (iv), and
(ii)
in sub-paragraph (v), for “the Office of Fair Trading” substitute “the Competition and Markets Authority”; and
(b)
“(s)
Parts 3 and 4 of the Enterprise and Regulatory Reform Act 2013”.
Channel Tunnel Rail Link Act 1996
114.
Police Act 1997
115.
116.
(1)
(2)
In subsection (1B), for “or an officer of the Office of Fair Trading” substitute “or the chair of the Competition and Markets Authority”.
(3)
In subsection (2AA), for “chairman of the Office of Fair Trading” substitute “chair of the Competition and Markets Authority”.
(4)
In subsection (3)(e), for “Office of Fair Trading” substitute “Competition and Markets Authority”.
(5)
In subsection (5)(i), for “chairman of the Office of Fair Trading” substitute “chair of the Competition and Markets Authority”.
117.
Data Protection Act 1998
118.
(1)
(2)
In subsection (5), for “the Office of Fair Trading” substitute “the Competition and Markets Authority”.
(3)
In subsection (5B), for “Office of Fair Trading” substitute “Competition and Markets Authority”.
Greater London Authority Act 1999
119.
(1)
(2)
In subsection (2)(b), for “Competition Commission” substitute “Competition and Markets Authority”.
(3)
“(iii)
the Competition and Markets Authority”.
(4)
“(u)
Parts 3 and 4 of the Enterprise and Regulatory Reform Act 2013”.
Financial Services and Markets Act 2000
120.
121.
(1)
(2)
In subsection (1)—
(i)
omit the definition of “the OFT”, and
(ii)
““the CMA” means the Competition and Markets Authority.”.
(3)
Omit subsection (2).
122.
Section 140B (advice about effect of regulating provision or practice) is amended as follows.
(1)
“(2)
The CMA gives “section 140B advice” to a regulator if—
(a)
it gives advice to the regulator under section 7 of the Enterprise Act 2002 (provision of competition advice to Ministers etc) and the advice states that in the opinion of the CMA one or more of the things mentioned in subsection (4) may cause, or contribute to, the effect mentioned in subsection (5), or might be expected to do so in the future;
(b)
a report published by it under section 136 of the Enterprise Act 2002 (investigations and reports on market investigation reference) contains—
(i)
a decision that one or more of the things mentioned in subsection (4) may cause, or contribute to, the effect mentioned in subsection (5), and
(ii)
a recommendation that any action should be taken by that regulator.”
(2)
Omit subsection (3).
(3)
In subsection (4)(d), for “market” substitute “one or more markets”.
123.
In section 140C (consultation with regulator), for “a competition authority” substitute “the CMA”.
124.
(1)
Section 140D (investigation powers of OFT) is amended as follows.
(2)
The existing provision becomes subsection (1) of that section.
(3)
In that subsection—
(a)
in the words before paragraph (a), for “OFT” substitute “CMA”,
(b)
“(a)
for subsection (1) there were substituted—“(1)
For the purposes of this section, a permitted purpose is assisting the CMA in deciding whether to exercise its power under section 7 to give advice which for the purposes of Chapter 4 of Part 9A of the Financial Services and Markets Act 2000 would be section 140B advice.”, and
(b)
subsection (9A) were omitted.”
(4)
“(2)
Where the CMA has exercised any of its powers under section 174 of the Enterprise Act 2002, as applied by subsection (1), section 174B of that Act has effect as if, after subsection (9), there were inserted—“(10)
Where the section 174 power is exercised for the purpose of assisting the CMA in deciding whether to exercise its power under section 7 to give advice which for the purposes of Chapter 4 of Part 9A of the Financial Services and Markets Act 2000 would be section 140B advice, the relevant day is the day when the CMA publishes that advice.”
(5)
In the heading, for “OFT” substitute “CMA”.
125.
“Publication by CMA of section 140B advice140E.
Where the giving of advice under section 7 of the Enterprise Act 2002 to either regulator constitutes the giving of section 140B advice, the CMA must publish that advice in such manner as it thinks fit.”
126.
(1)
Section 140F (duty of Competition Commission to send report to regulator) is amended as follows.
(2)
In subsection (1)—
(a)
for “Competition Commission” substitute “CMA”, and
(b)
for “Commission” substitute “CMA”.
(3)
In the heading, for “Competition Commission” substitute “CMA”.
127.
(1)
Section 140H (role of the Treasury) is amended as follows.
(2)
In subsection (1)—
(a)
in paragraph (a), for “a competition authority” substitute “the CMA”, and
(b)
in paragraph (b), for “competition authority” substitute “CMA”.
(3)
In subsections (2), (3) and (5), for “competition authority” (in each place where it occurs) substitute “CMA”.
128.
(1)
(2)
In subsection (1), for “Office of Fair Trading (“the OFT”)” substitute “Competition and Markets Authority (“the CMA”)”.
(3)
“(1A)
In a case where the feature or each of the features concerned is—
(a)
any conduct (whether or not in the market concerned) of one or more than one person who supplies or acquires goods or services in the market concerned, or
(b)
any conduct relating to the market concerned of customers of any person who supplies or acquires goods or services,
a request under subsection (1) may be made in relation to more than one market in the United Kingdom for financial services.”
(4)
In subsections (2) and (3), for “OFT” (in each place where it occurs) substitute “CMA”.
(5)
In the heading, for “Office of Fair Trading” substitute “Competition and Markets Authority”.
129.
130.
(a)
for “the Office of Fair Trading” substitute “the Competition and Markets Authority”, and
(b)
in the heading, for “the OFT” substitute “the CMA”.
131.
132.
Regulation of Investigatory Powers Act 2000
133.
134.
In section 32 (authorisation of intrusive surveillance), in subsections (3A) and (6)(n), for “chairman of the OFT” (in each place where it occurs) substitute “chair of the CMA”.
135.
(1)
Section 33 (rules for grant of authorisations) is amended as follows.
(2)
In subsection (4A)—
(a)
for “chairman of the OFT” substitute “chair of the CMA”, and
(b)
for “OFT” (where it occurs at the end of the subsection) substitute “CMA”.
(3)
In subsection (5)(a), for “or the chairman or an officer of the OFT” substitute “or the chair or an officer of the CMA”.
136.
(1)
Section 34 (grant of authorisations in the senior officer’s absence) is amended as follows.
(2)
In subsection (1)(a), for “an officer of the OFT” substitute “an officer of the CMA”.
(3)
In subsection (2)(a), for “as the chairman of the OFT or”, substitute “as the chair of the CMA or”.
(4)
In subsection (4)(m), for “chairman of the OFT if he is an officer of the OFT” substitute “chair of the CMA if he is an officer of the CMA”.
137.
(1)
Section 35 (notification of authorisations for intrusive surveillance) is amended as follows.
(2)
In subsection (1), for “or OFT” substitute “or CMA”.
(3)
In subsection (10)—
(a)
in the words before paragraph (a), for “or OFT” substitute “or CMA”, and
(b)
“(ba)
the chair of the CMA; or”.
138.
(1)
Section 36 (approval required for authorisations to take effect) is amended as follows.
(2)
In subsection (1)(e), for “an officer of the OFT” substitute “an officer of the CMA”.
(3)
In subsection (6)(h)—
(a)
for “chairman of the OFT” substitute “chair of the CMA”,
(b)
for “him” substitute “the chair of the CMA”, and
(c)
for “that chairman” substitute “that chair”.
139.
“(e)
an officer of the CMA.”
F1140.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
141.
“(da)
the CMA;”.
142.
In section 48 (interpretation of Part 2)—
(a)
omit the definition of “OFT”, and
(b)
““CMA” means the Competition and Markets Authority;”.
143.
“20B.
The Competition and Markets Authority.”
Utilities Act 2000
144.
145.
146.
(1)
(2)
In subsection (3)(a), for “Competition Commission” substitute “Competition and Markets Authority”.
(3)
In subsection (5)—
(a)
in paragraph (b), for “Competition Commission” substitute “Competition and Markets Authority”, and
(b)
omit paragraph (c).
(4)
“(y)
Parts 3 and 4 of the Enterprise and Regulatory Reform Act 2013;”,
(5)
In subsection (8)(c), for “Competition Commission” substitute “Competition and Markets Authority”.
(6)
In subsection (11), for “the Office of Fair Trading” substitute “the Competition and Markets Authority”.
Freedom of Information Act 2000
147.
Terrorism Act 2000
148.
Transport Act 2000
149.
150.
(1)
(2)
In subsection (1), after “subsections” insert “(1A),”.
(3)
“(1A)
Section 109 shall, in its application by virtue of subsection (1) above, have effect as if—
(a)
for subsection (A1), there were substituted—“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 a reference under section 12 of the Transport Act 2000.”, and
(b)
subsection (8A) were omitted.”
(4)
In subsection (2)—
(a)
at the end of paragraph (a), omit “and”,
(b)
“(aa)
after subsection (3), there were inserted—“(3A)
No penalty shall be imposed by virtue of subsection (1) or (3) if more than 4 weeks have passed since the publication of the report of the CMA on the reference 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.”; and
(5)
“(3)
Section 111(5)(b) shall, in its application by virtue of subsection (1), have effect as if for sub-paragraph (ii) there were substituted—“(ii)
if earlier, the day on which the report of the CMA on the reference concerned is made or, if no such report is made within the period permitted for that purpose, the latest day on which the report may be made within the permitted period.”.
151.
(1)
(2)
In subsection (6), after “subsections” insert “(6A),”.
(3)
“(6A)
Section 109 shall, in its application by virtue of subsection (6), have effect as if—
(a)
for subsection (A1), there were substituted—“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 investigation for the purposes of the exercise of its functions under section 15 or 16 of the Transport Act 2000.”, and
(b)
subsection (8A) were omitted.”
(4)
In subsection (7)—
(a)
at the end of paragraph (a), omit “and”,
(b)
“(b)
after subsection (3), there were inserted—“(3A)
No penalty shall be imposed by virtue of subsection (1) or (3) if more than 4 weeks have passed since the publication by the CMA of a notice under section 16(6) of the Transport Act 2000 in connection with the reference concerned or, if no direction has been given by the CMA under section 15(2) of that Act in connection with the reference concerned and within the period permitted for that purpose, the latest day on which it was possible to give such a direction within the permitted period; but this subsection shall not apply in relation to any variation or substitution of the penalty which is permitted by virtue of this Part.”; and
152.
153.
“(c)
the CMA is the Competition and Markets Authority.”
154.
(1)
(2)
In subsection (1), for “the OFT” substitute “the CMA”.
(3)
In subsection (2)—
(a)
for “OFT’s” substitute “CMA’s”,
(b)
for “and 171” substitute “, 171 and 174E”, and
(c)
“those functions—
(a)
are exercisable by the CMA Board (within the meaning of Schedule 4 to the Enterprise and Regulatory Reform Act 2013), and
(b)”.
(4)
In subsection (3), for “OFT’s” substitute “CMA’s”.
(5)
In subsection (4)—
(a)
for “the OFT” substitute “the CMA”, and
(b)
for “and 171” substitute “, 171 and 174E”.
(6)
“(4A)
References to section 5 of the 2002 Act in Part 4 of that Act must be read as including a reference to section 91(1) of this Act.”
(7)
In subsection (5)—
(a)
omit “subsection (4) applies”,
(b)
in paragraph (a), for “only so far as it is” substitute “subsections (4) and (4A) apply only so far as they are”, and
(c)
in paragraph (b), at the beginning, insert “subsection (4) applies”.
(8)
“(5A)
Section 130A of the 2002 Act is to have effect in its application in relation to the CAA by virtue of subsections (1) and (2)—
(a)
as if for subsection (1) of that section there were substituted—“(1)
Where the Civil Aviation Authority—
(a)
is proposing to carry out its functions under section 91(1) of the Transport Act 2000 in relation to a matter for the purposes mentioned in subsection (2), and
(b)
considers that the matter is one in respect of which it would be appropriate for the Authority to exercise its powers under section 174 (investigation) in connection with deciding whether to make a reference under section 131,
the Authority must publish a notice under this section (referred to in this Part as a “market study notice”).”, and
(b)
as if in subsection (2)(a) of that section, for “the acquisition or supply of goods or services of one or more than one description in the United Kingdom” there were substituted “the supply of air traffic services (within the meaning given by section 98 of the Transport Act 2000)”.”
(9)
In subsection (7), for “the OFT” substitute “the CMA”.
(10)
In the heading, for “OFT” substitute “CMA”.
155.
(1)
(2)
In subsections (1) to (3), for “the OFT” (in each place where it occurs) substitute “the CMA”.
(3)
In subsection (4)—
(a)
for “reference to the Competition Commission” substitute “market investigation reference (under section 131 of the 2002 Act)”,
(b)
for “Commission in its” substitute “CMA group (constituted under Schedule 4 to the Enterprise and Regulatory Reform Act 2013) which is to conduct the”, and
(c)
in paragraphs (a) and (c) for “Commission” (in each place where it occurs) substitute “CMA group”.
(4)
In subsection (5) for “Commission” substitute “CMA group”.
156.
157.
158.
(a)
in paragraph 3(1)(a), for “Competition Commission” substitute “Competition and Markets Authority”,
(b)
in paragraph 3(2)—
(i)
omit paragraph (b), and
(ii)
in paragraph (c), for “Competition Commission” substitute “Competition and Markets Authority”,
(c)
“(rg)
Parts 3 and 4 of the Enterprise and Regulatory Reform Act 2013;”,
(d)
in paragraph 5(1)(a), for “Competition Commission” substitute “Competition and Markets Authority”, and
(e)
in paragraph 5(3), for “the Office of Fair Trading” substitute “the Competition and Markets Authority”.
Proceeds of Crime Act 2002
159.
Communications Act 2003
160.
161.
(1)
(2)
In subsection (1), for “Office of Fair Trading” substitute “Competition and Markets Authority (referred to in this Part as “the CMA”)”.
(3)
In subsection (2)—
(a)
for “and 171” substitute “, 171 and 174E”,
(b)
for “Office of Fair Trading” substitute “CMA”, and
(c)
“those functions—
(a)
are exercisable by the CMA Board (within the meaning of Schedule 4 to the Enterprise and Regulatory Reform Act 2013), and
(b)
relate to”.
(4)
In subsection (3)—
(a)
“(1) and (2)—
(a)
references”,
(b)
for “Office of Fair Trading” substitute “CMA”, and
(c)
“(except in sections 166, 171 and 174E and where the context otherwise requires);
(b)
references in that Part to the CMA carrying out functions under section 5 of the Enterprise Act 2002 are to be construed as including references to OFCOM exercising powers under section 1(3) of this Act to obtain, compile and keep under review information about matters relating to the carrying out of its functions.”
(5)
“(3A)
Section 130A of the Enterprise Act 2002 is to have effect in its application in relation to OFCOM by virtue of subsections (1) and (2)—
(a)
as if for subsection (1) of that section there were substituted—“(1)
Where the Office of Communications—
(a)
is proposing to fulfil its duties under section 3(1) of the Communications Act 2003 by obtaining, compiling and keeping under review information in relation to a matter for the purposes mentioned in subsection (2), and
(b)
considers that the matter is one in respect of which it would be appropriate for it to exercise its powers under section 174 (investigation) in connection with deciding whether to make a reference under section 131,
the Office of Communications must publish a notice under this section (referred to in this Part as a “market study notice”).”, and
(b)
as if in subsection (2)(a) of that section, for “the acquisition or supply of goods or services of one or more than one description in the United Kingdom” there were substituted “commercial activities connected with communications matters (within the meaning given by section 369(1) of the Communications Act 2003)”.”
(6)
In subsection (4), in the wording before paragraph (a)—
(a)
for “subsection (2) the reference” substitute “subsections (2) and (3A) the references”,
(b)
for “it is a reference” substitute “they are references”, and
(c)
for “includes” substitute “include”.
(7)
In subsections (5) and (6), for “Office of Fair Trading” (in each place where it occurs) substitute “CMA”.
(8)
In subsection (7)—
(a)
in the words before paragraph (a), for “the Competition Commission” substitute “a CMA group”,
(b)
also in those words, for “reference made to them by OFCOM” substitute “market investigation reference made by OFCOM (under section 131 of the Enterprise Act 2002)”, and
(c)
for “Commission” (in each place where it occurs) substitute “group”.
(9)
“(7A)
In subsection (7) “CMA group” has the same meaning as in Schedule 4 to the Enterprise and Regulatory Reform Act 2013.”
(10)
In subsections (9), (10) and (12), for “Office of Fair Trading” (in each place where it occurs) substitute “CMA”.
162.
(1)
163.
Omit section 388 (alterations concerning newspaper panel of Competition Commission).
164.
(1)
(a)
in subsection (3)—
(i)
in paragraph (d), for “Office of Fair Trading” substitute “Competition and Markets Authority”, and
(ii)
omit paragraph (e),
(b)
“(r)
Parts 3 and 4 of the Enterprise and Regulatory Reform Act 2013.”, and
(c)
in subsection (8), for “Office of Fair Trading” substitute “Competition and Markets Authority”.
165.
Gambling Act 2005
166.
Companies Act 2006
167.
168.
(a)
in paragraph 25—
(i)
for “Office of Fair Trading” substitute “Competition and Markets Authority”, and
(ii)
“(k)
Parts 3 and 4 of the Enterprise and Regulatory Reform Act 2013.”, and
(b)
omit paragraph 26.
169.
(a)
in paragraph 39—
(i)
for “Office of Fair Trading” substitute “Competition and Markets Authority”, and
(ii)
“(j)
Parts 3 and 4 of the Enterprise and Regulatory Reform Act 2013.”, and
(b)
omit paragraph 40.
Compensation Act 2006
170.
Wireless Telegraphy Act 2006
171.
(1)
(2)
In subsection (4)—
(i)
in paragraph (d), for “Office of Fair Trading” substitute “Competition and Markets Authority”, and
(ii)
omit paragraph (e).
(3)
“(p)
Parts 3 and 4 of the Enterprise and Regulatory Reform Act 2013.”
Consumers, Estate Agents and Redress Act 2007
172.
173.
174.
In section 27 (provision of information by the Council), in subsection (3)(a), for “Office of Fair Trading” substitute “Competition and Markets Authority”.
Legal Services Act 2007
175.
176.
(1)
(2)
In subsection (5)—
(a)
after “to (5)” insert “and (6A)”, and
(b)
at the end, insert “and references in section 174 of the Enterprise Act 2002 to a “permitted purpose” are to be construed accordingly”.
(3)
“(5A)
Where the CMA exercises any of its powers under section 174 of the Enterprise Act 2002 for the purpose referred to in subsection (5), “the relevant day” for the purposes of section 174B of the Enterprise Act 2002 is the day on which the CMA publishes its report.”
177.
(a)
in the wording before paragraph (a), for “109 to 115” substitute “109 to 110A and 111 to 115”, and
(b)
“(a)
references in section 109 of that Act (attendance of witnesses and production of documents etc) to a permitted purpose were references to the purpose of assisting the CMA in carrying out any of its functions in connection with an investigation under this section, and
(b)
the relevant day in any case for the purposes of section 110A of that Act (restriction on powers to impose penalties under section 110) were the day on which the CMA makes a report under subsection (2) or a statement under subsection (3) in connection with that case.”
Regulatory Enforcement and Sanctions Act 2008
178.
179.
180.
(a)
in paragraph (b), for “Office of Fair Trading” substitute “Competition and Markets Authority”, and
(b)
at the end of the words after paragraph (e), insert “or any function exercisable by a CMA group (within the meaning of Schedule 4 to the Enterprise and Regulatory Reform Act 2013) or a member of the CMA panel (within the meaning of that Schedule)”.
181.
(a)
for the entry “Competition Commission” substitute “Competition and Markets Authority”, and
(b)
omit the entry “Office of Fair Trading”.
Equality Act 2010
182.
Public Bodies Act 2011
183.
Postal Services Act 2011
184.
185.
186.
In section 56 (general restriction on disclosure of information), in subsection (2)(c), for “Competition Commission” substitute “Competition and Markets Authority”.
Health and Social Care Act 2012
187.
188.
(1)
189.
(1)
Section 73 (functions under Part 4 of the Enterprise Act 2002) is amended as follows.
(2)
In subsection (1), for “Office of Fair Trading” substitute “CMA”.
(3)
In subsection (2)—
(a)
for “and 171” substitute “, 171 and 174E”,
(b)
for “Office of Fair Trading” substitute “CMA”, and
(c)
“those functions—
(a)
are exercisable by the CMA Board (within the meaning of Schedule 4 to the Enterprise and Regulatory Reform Act 2013), and
(b)
relate to”.
(4)
In subsection (3)—
(a)
“(1) and (2)—
(a)
references”,
(b)
for “Office of Fair Trading” substitute “CMA”, and
(c)
“166, 171 and 174E;
(b)
references in that Part to section 5 of the Enterprise Act 2002 are to be construed as including references to paragraph 14 of Schedule 8 to this Act.”
(5)
“(3A)
Section 130A of the Enterprise Act 2002 is to have effect in its application in relation to Monitor by virtue of subsections (1) and (2)—
(a)
as if for subsection (1) of that section there were substituted—“(1)
Where Monitor—
(a)
is proposing to carry out its functions under paragraph 14 of Schedule 8 to the Health and Social Care Act 2012 in relation to a matter for the purposes mentioned in subsection (2), and
(b)
considers that the matter is one in respect of which it would be appropriate for it to exercise its powers under section 174 (investigation) in connection with deciding whether to make a reference under section 131,
Monitor must publish a notice under this section (referred to in this Part as a “market study notice”).”, and
(b)
as if in subsection (2)(a) of that section, for “the acquisition or supply of goods or services of one or more than one description in the United Kingdom has or may have effects adverse to consumers” there were substituted “activities which concern the provision of health care services in England (within the meaning given by section 64 of the Health and Social Care Act 2012) has or may have effects adverse to the interests of people who use those services”.”
(6)
In subsections (4) to (6), for “Office of Fair Trading” (in each place where it occurs) substitute “CMA”.
190.
In section 74 (competition functions: supplementary), in subsections (1) and (3), for “Office of Fair Trading” (in each place where it occurs) substitute “CMA”.
191.
In section 79 (mergers involving NHS foundation trusts), for “Office of Fair Trading” (in each place where it occurs) substitute “CMA”.
192.
(1)
Section 80 (co-operation) is amended as follows.
(2)
In subsection (1), for “Office of Fair Trading” substitute “CMA”.
(3)
“(3)
The reference in subsection (1) to the functions of the CMA is a reference to those functions which are exercisable by the CMA Board (within the meaning of Schedule 4 to the Enterprise and Regulatory Reform Act 2013).”,
(4)
In the heading, for “Office of Fair Trading” substitute “CMA”.
193.
In section 97 (conditions: supplementary), in subsection (1)(d), for “Office of Fair Trading” substitute “CMA”.
194.
195.
(1)
Paragraph 10 of Schedule 10 (references by Monitor to the CMA: powers of investigation) is amended as follows.
(2)
In sub-paragraph (1), in the wording before paragraph (a), after “sub-paragraphs” insert “(2A),”.
(3)
In sub-paragraph (2), after “sub-paragraphs” insert “(2A),”.
(4)
“(2A)
Section 109, in its application by virtue of sub-paragraph (1) or (2), has effect as if—
(a)
for subsection (A1), there were substituted—“A1
For the purposes of this section, the permitted purposes are the following—
(a)
assisting the CMA in carrying out any functions exercisable by it in connection with a reference under Schedule 10 to the Health and Social Care Act 2012;
(b)
assisting the CMA in carrying out any functions exercisable by it under paragraph 8 of that Schedule.”, and
(b)
subsection (8A) were omitted.”
(5)
“(aa)
after subsection (3), there were inserted—“(3A)
No penalty shall be imposed by virtue of subsection (1), (3) or (5) if more than 4 weeks have passed since the publication of the report of the CMA on the reference 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.”,
(6)
In sub-paragraph (4)—
(a)
at the end of paragraph (a) insert “and”, and
(b)
“(b)
after subsection (3), there were inserted—“(3A)
No penalty shall be imposed by virtue of subsection (1), (3) or (5) if more than 4 weeks have passed since the relevant day; but this subsection shall not apply in relation to any variation or substitution of the penalty which is permitted by virtue of this Part.
(3AB)
The relevant day for the purposes of subsection (3A) is—
(a)
the day on which the CMA published a notice under paragraph 8(12) of Schedule 10 to the Health and Social Care Act 2012 in connection with the reference concerned, or
(b)
if it has not given a direction under paragraph 8(1) of that Schedule in connection with the reference and within the permitted period, the latest day on which it was possible to give such a notice within that period.”.
(7)
“(6)
Section 111(5)(b), in its application by virtue of sub-paragraph (1), has effect as if for sub-paragraph (ii) there were substituted—“(ii)
if earlier, the day on which the report of the CMA on the reference concerned is made or, if no such report is made within the period permitted for that purpose, the latest day on which it was possible to make the report within the permitted period.”.
(8)
In sub-paragraph (7), for “110(4A)” substitute “110(3AB)”.
Civil Aviation Act 2012
196.
197.
(1)
Section 60 (functions under Part 4 of the Enterprise Act 2002) is amended as follows.
(2)
In subsection (1)—
(a)
for “Office of Fair Trading (“the OFT”)” substitute “Competition and Markets Authority (“the CMA”)”, and
(b)
for “OFT” substitute “CMA”.
(3)
In subsection (2)—
(a)
for “OFT’s” substitute “CMA’s”,
(b)
after “investigations)” insert “, other than functions under sections 166, 171 and 174E,”,
(c)
“those functions—
(a)
are exercisable by the CMA Board (within the meaning of Schedule 4 to the Enterprise and Regulatory Reform Act 2013), and
(b)”, and
(d)
omit “, other than functions under sections 166 and 171”.
(4)
In subsection (3)—
(a)
for “OFT” substitute “CMA”, and
(b)
for “and 171” substitute “, 171 and 174E”.
(5)
“(3A)
References to section 5 of the Enterprise 2002 in Part 4 of that Act must be read as including a reference to section 64(1) of this Act.”
(6)
In subsection (4)—
(a)
omit “subsection (3) applies”,
(b)
in paragraph (a), for “only so far as it is” substitute “subsections (3) and (3A) apply only so far as they are”, and
(c)
in paragraph (b), at the beginning, insert “subsection (3) applies”.
(7)
“(4A)
Section 130A of the Enterprise Act 2002 is to have effect in its application to the CAA by virtue of subsections (1) and (2)—
(a)
as if for subsection (1) of that section there were substituted—“(1)
Where the Civil Aviation Authority—
(a)
is proposing to carry out its functions under section 64(1) of the Civil Aviation Act 2012 in relation to a matter for the purposes mentioned in subsection (2), and
(b)
considers that the matter is one in respect of which it would be appropriate for the Authority to exercise its powers under section 174 (investigation) in connection with deciding whether to make a reference under section 131,
the Authority must publish a notice under this section (referred to in this Part as a “market study notice”).”, and
(b)
as if in subsection (2)(a) of that section, for “the acquisition or supply of goods or services of one or more than one description in the United Kingdom” there were substituted “the provision of airport operation services (within the meaning given by section 68 of the Civil Aviation Act 2012)”.”
198.
(1)
Section 61 (Enterprise Act 2002: supplementary) is amended as follows.
(2)
In subsection (1), for “Office of Fair Trading (“the OFT”)” substitute “Competition and Markets Authority (“the CMA”)”.
(3)
In subsection (2), for “OFT” substitute “CMA”.
(4)
In subsection (3) for “reference to the Competition Commission” substitute “market investigation reference (under section 131 of the 2002 Act)”.
(5)
In subsection (4)—
(a)
for “the Competition Commission” substitute “to the CMA group (constituted under Schedule 4 to the Enterprise and Regulatory Reform Act 2013) which is to conduct the investigation on the reference”, and
(b)
in paragraphs (a) and (b) for “Commission” (in each place where it occurs) substitute “group”.
(6)
In subsection (5)—
(a)
for “Competition Commission” substitute “CMA group”, and
(b)
for “Commission” substitute “group”.
(7)
In subsection (6), for “Competition Commission” substitute “CMA group”.
(8)
In subsections (8) and (9), for “OFT” (in each place where it occurs) substitute “CMA”.
199.
(1)
(2)
In subsection (1)—
(a)
for “Office of Fair Trading (“the OFT”)” substitute “Competition and Markets Authority (“the CMA”)”, and
(b)
for “OFT” substitute “CMA”.
(3)
In subsection (2), for “OFT’s” substitute “CMA’s”.
(4)
In subsection (4), for “OFT” substitute “CMA”.
200.
In section 63 (Competition Act 1998: supplementary), for “Office of Fair Trading” (in each place where it occurs) substitute “Competition and Markets Authority”.
201.
In section 64 (review etc of airport operation services), in subsection (2)—
(a)
in the words before paragraph (a), for “Office of Fair Trading (“the OFT”)” substitute “Competition and Markets Authority (“the CMA”)”, and
(b)
in paragraph (b), for “OFT” substitute “CMA”.
202.
In section 65 (power to modify CAA’s competition powers) in subsection (1), in the words before paragraph (a), for “Office of Fair Trading” substitute “Competition and Markets Authority”.
203.
(1)
Schedule 6 (restrictions on disclosing information) is amended as follows.
(2)
In paragraph 4(2)—
(a)
for “Competition Commission” substitute “”Competition and Markets Authority”, and
(b)
omit the entry for the Office of Fair Trading.
(3)
“Parts 3 and 4 of the Enterprise and Regulatory Reform Act 2013;”.
Groceries Code Adjudicator Act 2013
204.
205.
In section 13 (recommendations to Office of Fair Trading), at the end and in the heading, for “Office of Fair Trading” substitute “Competition and Markets Authority”.
206.
In section 14 (annual report), in subsections (4) and (5)(b), for “Office of Fair Trading” substitute “Competition and Markets Authority”.
207.
In section 15 (review of Adjudicator and guidance from Secretary of State), in subsection (8)—
(a)
in paragraph (b), for “Competition Commission” substitute “Competition and Markets Authority”, and
(b)
omit paragraph (c).
208.
In Schedule 1 (the Adjudicator), in paragraph 17 (assistance from the Office of Fair Trading), at the beginning and in the heading, for “Office of Fair Trading” substitute “Competition and Markets Authority”.
PART 3Amendments to other enactments
Agricultural Marketing Act (Northern Ireland) 1964
209.
“(aaa)
made to the Competition and Markets Authority, if it is made for the purpose of enabling the Authority to perform any of its functions under the Fair Trading Act 1973, the Competition Act 1980 or Part 3 of the Enterprise and Regulatory Reform Act 2013;”.
Agricultural Marketing (Northern Ireland) Order 1982
210.
(1)
(2)
(a)
in paragraph (3), after “147(2)” insert “or 147A(2)”, and
(b)
in paragraph (4)(a) and in the heading, for “Competition Commission” substitute “Competition and Markets Authority”.
(3)
“(c)
made to the Competition and Markets Authority, if it is made for the purpose of enabling the Authority to perform any of its functions under the Fair Trading Act 1973, the Competition Act 1980 or Part 3 of the Enterprise and Regulatory Reform Act 2013;”.
(4)
(a)
in paragraph (1B), after “147(2)” insert “or 147A(2)”, and
(b)
in paragraph (1C)(a), for “Competition Commission” substitute “Competition and Markets Authority”, and
(c)
in the heading, for “Monopolies and Mergers Commission” substitute “Competition and Markets Authority”.
Electricity (Northern Ireland) Order 1992
211.
212.
(a)
for “Commission’s” substitute “CMA’s”, and
(b)
for “chairman of the Commission” substitute “chair of the CMA”.
213.
(1)
(2)
In paragraph (1), after “paragraphs” insert “(1A),”.
(3)
“(1A)
Section 109 shall, in its application by virtue of paragraph (1), have effect as if—
(a)
for subsection (A1), there were substituted—“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 a reference under Article 15 of the Electricity (Northern Ireland) Order 1992.”, and
(b)
subsection (8A) were omitted.”
(4)
In paragraph (2)—
(a)
at the end of sub-paragraph (a), omit “and”,
(b)
“(aa)
after subsection (3), there were inserted—“(3A)
No penalty shall be imposed by virtue of subsection (1) or (3) if more than 4 weeks have passed since the publication of the report of the CMA on the reference 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.”; and
(5)
“(3)
Section 111(5)(b) shall, in its application by virtue of paragraph (1), have effect as if for sub-paragraph (ii) there were substituted—“(ii)
if earlier, the day on which the report of the CMA on the reference concerned is made or, if no such report is made within the period permitted for that purpose, the latest day on which the report may be made within the permitted period.”.
214.
(1)
(2)
In paragraph (14), after “paragraphs” insert “(14A),”.
(3)
“(14A)
Section 109 shall, in its application by virtue of paragraph (14), have effect as if—
(a)
for subsection (A1), there were substituted—“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 investigation for the purposes of the exercise of its functions under Article 17A of the Electricity (Northern Ireland) Order 1992.”, and
(b)
subsection (8A) were omitted.”
(4)
“(b)
after subsection (3), there were inserted—“(3A)
No penalty shall be imposed by virtue of subsection (1) or (3) if more than 4 weeks have passed since the publication by the CMA of a notice under Article 17A(8) of the Electricity (Northern Ireland) Order 1992 in connection with the reference concerned or, if no direction has been given by the CMA under Article 17A(1) of that Order in connection with the reference concerned and within the period permitted for that purpose, the latest day on which it was possible to give such a direction within the permitted period; but this subsection shall not apply in relation to any variation or substitution of the penalty which is permitted by virtue of this Part.”; and
215.
216.
(1)
(2)
In paragraph (2), for “Office of Fair Trading” substitute “CMA”.
(3)
In paragraph (2A)—
(a)
for “and 171” substitute “, 171 and 174E”,
(b)
for “Office of Fair Trading” substitute “CMA”, and
(c)
“those functions—
(a)
are exercisable by the CMA Board (within the meaning of Schedule 4 to the Enterprise and Regulatory Reform Act 2013), and
(b)
relate to”.
(4)
In paragraph (2B)—
(a)
“(2) and (2A)—
(a)
references”,
(b)
for “Office of Fair Trading” substitute “CMA”,
(c)
for “and 171” substitute “, 171 and 174E”, and
(d)
“requires);
(b)
references in that Part to section 5 of the Act of 2002 are to be construed as including references to Article 50(1) of this Order.”
(5)
“(2C)
Section 130A of the Enterprise Act 2002 is to have effect in its application to the Authority by virtue of paragraphs (2) and (2A)—
(a)
as if for subsection (1) of that section there were substituted—“(1)
Where the Northern Ireland Authority for Utility Regulation—
(a)
is proposing to carry out its functions under Article 50(1) of the Electricity (Northern Ireland) Order 1992 in relation to a matter for the purposes mentioned in subsection (2), and
(b)
considers that the matter is one in respect of which it would be appropriate for the Authority to exercise its powers under section 174 (investigation) in connection with deciding whether to make a reference under section 131,
the Authority must publish a notice under this section (referred to in this Part as a “market study notice”).”, and
(b)
as if in subsection (2)(a) of that section, for “the acquisition or supply of goods or services of one or more than one description in the United Kingdom” there were substituted “commercial activities connected with the generation, transmission, distribution or supply of electricity”.”
(6)
In paragraphs (3), (4), (4A) and (6A), for “Office of Fair Trading” (in each place where it occurs) substitute “CMA”.
(7)
In paragraph (3A) for “the Office of Fair Trading” substitute “the CMA”.
(8)
In paragraph (5)—
(a)
in the words before paragraph (a)—
(i)
for “the Competition Commission” substitute “a CMA group”,
(ii)
for “reference made to them by the Director” substitute “market investigation reference made by the Authority (under section 131 of the Act of 2002)”, and
(b)
for “Commission” (in each place where it occurs) substitute “group”.
(9)
“(5A)
In paragraph (5) “CMA group” has the same meaning as in Schedule 4 to the Enterprise and Regulatory Reform Act 2013.”
(10)
In paragraph (6)—
(a)
for “reports of Competition Commission” substitute “market investigations”, and
(b)
for “the Office of Fair Trading” substitute “the CMA”.
(11)
Gas (Northern Ireland) Order 1996
217.
218.
(1)
(2)
In paragraph (1), after “paragraphs” insert “(1A),”.
(3)
“(1A)
Section 109 shall, in its application by virtue of paragraph (1), have effect as if—
(a)
for subsection (A1), there were substituted—“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 a reference under Article 15 of the Gas (Northern Ireland) Order 1996.”, and
(b)
subsection (8A) were omitted.”
(4)
In paragraph (2)—
(a)
at the end of sub-paragraph (a), omit “and”,
(b)
“(aa)
after subsection (3), there were inserted—“(3A)
No penalty shall be imposed by virtue of subsection (1) or (3) if more than 4 weeks have passed since the publication of the report of the CMA on the reference 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.”; and
(5)
“(3)
Section 111(5)(b) shall, in its application by virtue of paragraph (1), have effect as if for sub-paragraph (ii) there were substituted—“(ii)
if earlier, the day on which the report of the CMA on the reference concerned is made or, if no such report is made within the period permitted for that purpose, the latest day on which the report may be made within the permitted period.”.
219.
(1)
(2)
In paragraph (17), after “paragraphs” insert “(17A),”.
(3)
“(17A)
Section 109 shall, in its application by virtue of paragraph (17), have effect as if—
(a)
for subsection (A1), there were substituted—“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 investigation for the purposes of the exercise of its functions under Article 17A of the Gas (Northern Ireland) Order 1996.”, and
(b)
subsection (8A) were omitted.”
(4)
In paragraph (18)—
(a)
at the end of sub-paragraph (a), omit “and”,
(b)
“(b)
after subsection (3), there were inserted—“(3A)
No penalty shall be imposed by virtue of subsection (1) or (3) if more than 4 weeks have passed since the publication by the CMA of a notice under Article 17A(8) of the Gas (Northern Ireland) Order 1996 in connection with the reference concerned or, if no direction has been given by the CMA under Article 17A(1) of that Order in connection with the reference concerned and within the period permitted for that purpose, the latest day on which it was possible to give such a direction within the permitted period; but this subsection shall not apply in relation to any variation or substitution of the penalty which is permitted by virtue of this Part.”; and
220.
221.
(1)
(2)
In paragraph (2), for “Office of Fair Trading” substitute “CMA”.
(3)
In paragraph (2A)—
(a)
for “Office of Fair Trading” substitute “CMA”,
(b)
for “and 171” substitute “, 171 and 174E”, and
(c)
“those functions—
(a)
are exercisable by the CMA Board (within the meaning of Schedule 4 to the Enterprise and Regulatory Reform Act 2013), and
(b)
relate to”.
(4)
In paragraph (2B)—
(a)
“(2) and (2A)—
(a)
references”,
(b)
for “Office of Fair Trading” substitute “CMA”,
(c)
for “and 171” substitute “, 171 and 174E”, and
(d)
“requires);
(b)
references in that Part to section 5 of the Act of 2002 are to be construed as including references to Article 27(1) of this Order.”
(5)
“(2C)
Section 130A of the Enterprise Act 2002 is to have effect in its application to the Authority by virtue of paragraphs (2) and (2A)—
(a)
as if for subsection (1) of that section there were substituted—“(1)
Where the Northern Ireland Authority for Utility Regulation—
(a)
is proposing to carry out its functions under Article 27(1) of the Gas (Northern Ireland) Order 1996 in relation to a matter for the purposes mentioned in subsection (2), and
(b)
considers that the matter is one in respect of which it would be appropriate for the Authority to exercise its powers under section 174 (investigation) in connection with deciding whether to make a reference under section 131,
the Authority must publish a notice under this section (referred to in this Part as a “market study notice”).”, and
(b)
as if in subsection (2)(a) of that section, for “the acquisition or supply of goods or services of one or more than one description in the United Kingdom” there were substituted “commercial activities connected with the conveyance, storage or supply of gas”.”
(6)
In paragraphs (3), (4), (4A) and (7), for “Office of Fair Trading” (in each place where it occurs) substitute “CMA”.
(7)
In paragraph (3A), for “the Office of Fair Trading” substitute “the CMA”.
(8)
In paragraph (5)—
(a)
in the words before paragraph (a)—
(i)
for “the Competition Commission” substitute “a CMA group”,
(ii)
for “reference made to them by the Director” substitute “market investigation reference made by the Authority (under section 131 of the Act of 2002)”, and
(b)
for “Commission” (in each place where it occurs) substitute “group”.
(9)
“(5A)
In paragraph (5) “CMA group” has the same meaning as in Schedule 4 to the Enterprise and Regulatory Reform Act 2013.”
(10)
In paragraph (6)—
(a)
for “reports of Competition Commission” substitute “market investigations”, and
(b)
for “Office of Fair Trading” substitute “CMA”.
(11)
Water (Northern Ireland) Order 1999
222.
Company Directors Disqualification (Northern Ireland) Order 2002
223.
224.
(a)
omit the definition of “the OFT”, and
(b)
““CMA” means the Competition and Markets Authority;”.
225.
226.
227.
228.
229.
“(aa)
the reference in subsection (6A)(b) to notice under section 31(1) of the Competition Act 1998 that the regulator proposes to make a decision within the meaning given by section 31(2) of that Act is to be read as notice under Article 13C(4) that the specified regulator proposes to apply under Article 13A for a disqualification order;”.
230.
231.
232.
Energy (Northern Ireland) Order 2003
233.
234.
““the CMA” means the Competition and Markets Authority;”.
235.
236.
(a)
for “any” substitute “either”,
(b)
omit paragraph (a), and
(c)
in paragraph (c), for “Office of Fair Trading” substitute “CMA”.
237.
238.
239.
In Article 18 (provision of advice and information to public authorities and other persons) in paragraph (5), for “Competition Commission” substitute “CMA”.
240.
In Article 23 (power of Council to investigate other matters), in paragraph (2), for “Office of Fair Trading” substitute “CMA”.
241.
(1)
(2)
In paragraph (3), in sub-paragraph (a), for “Competition Commission” substitute “CMA”.
(3)
In paragraph (5)—
(a)
in sub-paragraph (c), for “Competition Commission” substitute “CMA”, and
(b)
omit sub-paragraph (d).
(4)
“(x)
Parts 3 and 4 of the Enterprise and Regulatory Reform Act 2013.”
(5)
In paragraph (8), in sub-paragraph (c), for “Competition Commission” substitute “CMA”.
(6)
In paragraph (10), for “Office of Fair Trading” substitute “CMA”.
242.
243.
(1)
Paragraph 5 (references under paragraph 3: application of Enterprise Act 2002) is amended as follows.
(2)
In sub-paragraph (1), after “sub-paragraphs” insert “(1A),”.
(3)
“(1A)
Section 109 shall, in its application by virtue of sub-paragraph (1), have effect as if—
(a)
for subsection (A1), there were substituted—“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 a reference under paragraph 3 of Schedule 2 to the Energy (Northern Ireland) Order 2003.”, and
(b)
subsection (8A) were omitted.”
(4)
In sub-paragraph (2)—
(a)
at the end of paragraph (a), omit “and”,
(b)
“(aa)
after subsection (3), there were inserted—“(3A)
No penalty shall be imposed by virtue of subsection (1) or (3) if more than 4 weeks have passed since the publication of the report of the CMA on the reference 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.”; and
(5)
“(3)
Section 111(5)(b) shall, in its application by virtue of sub-paragraph (1), have effect as if for sub-paragraph (ii) there were substituted—“(ii)
if earlier, the day on which the report of the CMA on the reference concerned is made or, if no such report is made within the period permitted for that purpose, the latest day on which the report may be made within the permitted period.”.
Water Services etc. (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005
244.
245.
(1)
(2)
In paragraph (1), for “(2)” substitute “(1A)”.
(3)
“(1A)
Section 109 shall, in its application by virtue of paragraph (1), have effect as if—
(a)
for subsection (A1), there were substituted—“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 a reference under article 3 of the Water Services etc. (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005.”, and
(b)
subsection (8A) were omitted.”
(4)
“(aa)
after subsection (3), there were inserted—“(3A)
No penalty shall be imposed by virtue of subsection (1) or (3) if more than 4 weeks have passed since the publication of the report of the CMA on the reference 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.”;
(5)
“(b)
in subsection (5)(b), for sub-paragraph (ii) there were substituted—“(ii)
if earlier, the day on which the report of the CMA on the reference concerned is made or, if no such report is made within the period permitted for that purpose, the latest day on which the report may be made within the permitted period.”.
246.
(1)
(2)
In paragraph (3), for “(4)” substitute “(3A)”.
(3)
“(3A)
Section 109 shall, in its application by virtue of paragraph (3), have effect as if—
(a)
for subsection (A1), there were substituted—“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 investigation for the purposes of the exercise of its functions under article 9 of the Water Services etc. (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005.”, and
(b)
subsection (8A) were omitted.”
(4)
“(b)
after subsection (3), there were inserted—“(3A)
No penalty shall be imposed by virtue of subsection (1) or (3) if more than 4 weeks have passed since the publication by the CMA of a notice under article 9(8) of the Water Services etc. (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 in connection with the reference concerned or, if no direction has been given by the CMA under article 9(1) of that Order in connection with the reference concerned and within the period permitted for that purpose, the latest day on which it was possible to give such a direction within the permitted period; but this subsection shall not apply in relation to any variation or substitution of the penalty which is permitted by virtue of this Part.”; and
Water and Sewerage Services (Northern Ireland) Order 2006
247.
248.
In Article 5 (annual report of the Authority), in paragraph (1), in sub-paragraph (b), for “Competition Commission” substitute “CMA”.
249.
In Article 6 (general duties with respect to water industry), in paragraph (10), for “OFT” substitute “CMA”.
250.
(1)
Article 23 (references under Article 21: powers of investigation) is amended as follows.
(2)
In paragraph (1), after “paragraphs” insert “(1A),”.
(3)
“(1A)
Section 109 shall, in its application by virtue of paragraph (1), have effect as if—
(a)
for subsection (A1), there were substituted—“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 a reference under Article 21 of the Water and Sewerage Services (Northern Ireland) Order 2006.”, and
(b)
subsection (8A) were omitted.”
(4)
In paragraph (2)—
(a)
at the end of sub-paragraph (a), omit “and”,
(b)
“(aa)
after subsection (3), there were inserted—“(3A)
No penalty shall be imposed by virtue of subsection (1) or (3) if more than 4 weeks have passed since the publication of the report of the CMA on the reference 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.”; and
(5)
“(3)
Section 111(5)(b) shall, in its application by virtue of paragraph (1), have effect as if for sub-paragraph (ii) there were substituted—“(ii)
if earlier, the day on which the report of the CMA on the reference concerned is made or, if no such report is made within the period permitted for that purpose, the latest day on which the report may be made within the permitted period.”.
251.
(1)
(2)
In paragraph (6), after “paragraphs” insert “(6A),”.
(3)
“(6A)
Section 109 shall, in its application by virtue of paragraph (6), have effect as if—
(a)
for subsection (A1), there were substituted—“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 investigation for the purposes of the exercise of its functions under Article 26 of the Water and Sewerage Services (Northern Ireland) Order 2006.”, and
(b)
subsection (8A) were omitted.”
(4)
“(b)
after subsection (3), there were inserted—“(3A)
No penalty shall be imposed by virtue of subsection (1) or (3) if more than 4 weeks have passed since the publication by the CMA of a notice under Article 26(9) of the Water and Sewerage Services (Northern Ireland) Order 2006 in connection with the reference concerned or, if no direction has been given by the CMA under Article 26(1) of that Order in connection with the reference concerned and within the period permitted for that purpose, the latest day on which it was possible to give such a direction within the permitted period; but this subsection shall not apply in relation to any variation or substitution of the penalty which is permitted by virtue of this Part.”; and
252.
253.
(1)
Article 29 (functions of the Authority with respect to competition) is amended as follows.
(2)
In paragraph (1), for “OFT” substitute “CMA”.
(3)
In paragraph (2)—
(a)
for “OFT” substitute “CMA”,
(b)
for “and 171” substitute “, 171 and 174E”, and
(c)
“those functions—
(a)
are exercisable by the CMA Board (within the meaning of Schedule 4 to the Enterprise and Regulatory Reform Act 2013), and
(b)
relate to”.
(4)
In paragraph (3) and paragraphs (5) to (7), for “OFT” (in each place where it occurs) substitute “CMA”.
(5)
In paragraph (4)—
(a)
“(1) and (2)—
(a)
references”,
(b)
for “OFT” substitute “CMA”,
(c)
for “and 171” substitute “, 171 and 174E”, and
(d)
“requires);
(b)
references in that Part to section 5 of the Act of 2002 are to be construed as including references to Article 60(1) and (2) of this Order.”
(6)
“(4A)
Section 130A of the Enterprise Act 2002 is to have effect in its application to the Authority by virtue of paragraphs (1) and (2)—
(a)
as if for subsection (1) of that section there were substituted—“(1)
Where the Northern Ireland Authority for Utility Regulation—
(a)
is proposing to carry out its functions under Article 60(1) and (2) of the Water and Sewerage Services (Northern Ireland) Order 2006 in relation to a matter for the purposes mentioned in subsection (2), and
(b)
considers that the matter is one in respect of which it would be appropriate for the Authority to exercise its powers under section 174 (investigation) in connection with deciding whether to make a reference under section 131,
the Authority must publish a notice under this section (referred to in this Part as a “market study notice”).”, and
(b)
as if in subsection (2)(a) of that section, for “the acquisition or supply of goods or services of one or more than one description in the United Kingdom” there were substituted “commercial activities connected with the supply of water or the provision of sewerage services (within the meaning given by Article 2 of the Water and Sewerage Services (Northern Ireland) Order 2006)”.”
(7)
In paragraph (8)—
(a)
in the words before paragraph (a)—
(i)
for “the Competition Commission” substitute “a CMA group”,
(ii)
for “reference made to the Commission by the Authority” substitute “market investigation reference made by the Authority (under section 131 of the Act of 2002), and
(b)
for “Commission” (in each place where it occurs) substitute “group”.
(8)
In paragraphs (9) and (10), for “OFT” (in each place where it occurs) substitute “CMA”.
(9)
In Article 56 (power of the Council to investigate other matters), in paragraph (2), for “OFT” substitute “CMA”.
254.
In Article 60 (general duty of the Authority to keep matters under review) in paragraph (4), for “OFT” (in each place where it occurs) substitute “CMA”.
255.
In Article 253 (the Authority’s register), in paragraph (2), in sub-paragraph (b), for “Competition Commission” substitute “CMA”.
256.
257.
(1)
Article 265 (restriction on disclosure of information) is amended as follows.
(2)
In paragraph (3), in sub-paragraph (a), for “Competition Commission” substitute “CMA”.
(3)
In paragraph (4)—
(a)
in sub-paragraph (c), for “Competition Commission” substitute CMA”, and
(b)
omit sub-paragraph (d).
(4)
“(t)
Parts 3 and 4 of the Enterprise and Regulatory Reform Act 2013.”
(5)
In paragraph (7), in sub-paragraph (a), for “Competition Commission” substitute “CMA”.
(6)
In paragraph (13), for “OFT” substitute “CMA”.
Electricity (Single Wholesale Market) (Northern Ireland) Order 2007
258.
Welsh Language (Wales) Measure 2011
259.
(a)
in the Welsh text, omit the entry relating to “Y Comisiwn Cystadlu (“the Competition Commission”)”, and
(b)
in the English text, omit the entry relating to “the Competition Commission (“Y Comisiwn Cystadlu”)”.
SCHEDULE 2Transitional provision: investigation powers of the CMA
1.
The amendments made by section 29 of the Act, to sections 109 to 111 of the Enterprise Act 2002 (“the 2002 Act”), do not have effect in relation to those sections as applied by the enactments listed in column 2 of the Table below in relation to any notice given under section 109 of the 2002 Act before 1st April 2014.
2.
The amendments made by the paragraphs of Schedule 1 listed in column 1 of the Table below to the enactments listed in column 2 of that Table do not apply in relation to any notice given before 1st April 2014 under section 109 of the 2002 Act as applied by those enactments.
(1) Paragraph of Schedule 1 | (2) Provision of sectoral legislation amended |
|---|---|
Paragraph 36 | Section 11B of the Competition Act 1980 (references under section 11: powers of investigation and penalties)224 |
Paragraph 51 | Section 41EB of the Gas Act 1986 (references under section 41E: application of Enterprise Act 2002)225 |
Paragraph 68 | Section 56CB of the Electricity Act 1989 (references under section 56C: application of Enterprise Act 2002)226 |
Paragraph 75 | Section 14B of the Water Industry Act 1991 (references under section 14: powers of investigation)227 |
Paragraph 76 | Section 16B of the Water Industry Act 1991 (competition authority’s power of veto following report: supplementary)228 |
Paragraph 78 | Section 17M of the Water Industry Act 1991 (references under section 17K: powers of investigation)229 |
Paragraph 79 | Section 17Q of the Water Industry Act 1991 (section 17P: supplementary)230 |
Paragraph 101 | Section 13B of the Railways Act 1993 (references under section 13: application of Enterprise Act 2002)231 |
Paragraph 102 | Section 15C of the Railways Act 1993 (sections 15A and 15B: supplementary)232 |
Paragraph 111 | Paragraph 10A of Schedule 4A to the Railways Act 1993 (references under paragraph 9: application of Enterprise Act 2002)233 |
Paragraph 112 | Paragraph 15 of Schedule 4A to the Railways Act 1993 (paragraphs 13 and 14: supplementary)234 |
Paragraph 150 | Section 12B of the Transport Act 2000 (references under section 12: application of Enterprise Act 2002)235 |
Paragraph 151 | Section 18 of the Transport Act 2000 (sections 15 and 16: general)236 |
Paragraph 177 | Section 60(9) of the Legal Services Act 2007 (duties of the competition authority)237 |
Paragraph 195 | Paragraph 10 of Schedule 10 to the Health and Social Care Act 2012 (references by Monitor to the CMA: powers of investigation)238 |
Paragraph 213 | Article 15B of the Electricity (Northern Ireland) Order 1992 (references under Article 15: powers of investigation)239 |
Paragraph 214 | Article 17A of the Electricity (Northern Ireland) Order 1992 (competition authority’s power to veto modifications following report)240 |
Paragraph 218 | Article 15B of the Gas (Northern Ireland) Order 1996 (references under Article 15: powers of investigation)241 |
Paragraph 219 | Article 17A of the Gas (Northern Ireland) Order 1996 (competition authority’s power to veto modifications following report)242 |
Paragraph 243 | Paragraph 5 of Schedule 2 to the Energy (Northern Ireland) Order 2003 (orders altering licensable activities: references under paragraph 3: application of Enterprise Act 2002) |
Paragraph 245 | Article 5 of the Water Services etc. (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 (references: powers of investigation)243 |
Paragraph 246 | Article 10 the Water Services etc. (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 (article 9: supplementary)244 |
Paragraph 250 | Article 23 of the Water and Sewerage Services (Northern Ireland) Order 2006245 (references under Article 21: powers of investigation) |
Paragraph 251 | Article 27 of the Water and Sewerage Services (Northern Ireland) Order 2006 (competition authority’s power to veto modifications following report)246 |
3.
The amendments made by section 36 of, and Schedule 11 to, the Act, to sections 174 and 175 of the 2002 Act, do not have effect in relation to those sections as applied by or by virtue of—
(a)
(b)
in relation to any notice given under section 174 of the 2002 Act before 1st April 2014.
4.
The amendments made—
(a)
by paragraph 124 of Schedule 1 to section 140D of the Financial Services and Markets Act 2000, and
(b)
by paragraph 176 of that Schedule to section 57 of the Legal Services Act 2007,
do not apply in relation to any notice given before 1st April 2014 under section 174 of the 2002 Act as applied by those enactments.
Section 25 of and Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (“the Act”) provide for the creation of the Competition and Markets Authority (“CMA”). Section 26 of and Schedules 5 and 6 to the Act provide for the abolition of the Office of Fair Trading (“OFT”) and the Competition Commission (“the Commission”) and for the transfer of functions from the OFT and the Commission to the CMA.
Part 4 of the Act makes various changes to the competition functions which the CMA will assume. In particular, the Act amends Part 3 (mergers) and Part 4 (markets studies and market investigations) of the Enterprise Act 2002.
This Order makes consequential amendments to a number of enactments in connection with the commencement of Parts 3 and 4 of the Act on 1st April 2014.
Article 1 provides for citation, commencement, interpretation and extent. Article 1(3) provides that the amendments and repeals in the Order have the same extent as the enactment amended or repealed.
Article 2 gives effect to Schedule 1. Schedule 1 makes consequential amendments in connection with the transfer of functions to the CMA and the abolition of the OFT and Commission by substituting the CMA for the OFT and the Commission in a number of enactments. It also makes amendments consequential on the amendments to competition law made under Part 4 of the Act. In particular, Schedule 1 specifies amendments to the sector specific legislation (e.g. gas, water, rail) under which regulators such as the Office of Rail Regulation, the Gas and Electricity Markets Authority, are given competition functions concurrently with the OFT under Part 4 of the Enterprise Act 2002. Schedule 1 also makes consequential amendments to the sectoral legislation in connection with the transfer to the CMA of the Commission’s role in receiving references of regulatory matters.
These amendments supplement the amendments already made to the sector specific legislation by Schedule 6 (regulatory appeals etc: minor and consequential amendments) and Schedule 14 (Regulators: use of powers under the 1998 Act) to the Act.
Article 3 and Schedule 2 make transitional and saving provision in connection with the transfer of functions from the OFT and the Commission to the CMA.
The impact assessment completed for Parts 3 and 4 of the Enterprise and Regulatory Reform Bill, introduced to Parliament on 23rd May 2012, contains an assessment of the effect that the reforms to the competition regime will have on the costs of business and the public and voluntary sector and can be found at the website: https://www.gov.uk/government/publications/strengthening-competition-and-creating-a-single-market-authority.