Enterprise and Regulatory Reform Bill

Session 2012 - 13
Internet Publications
Other Bills before Parliament

Enterprise and Regulatory Reform Bill

Enterprise and Regulatory Reform Bill
Schedule 5 — Amendments related to Part 3
Part 2 — Transfer of functions under the 2002 Act to the CMA
106

      (5)
In subsection (5), omit the words from the beginning to “and the Secretary
of State” and insert “The Secretary of State”.
200   (1)
Section 171 (advice and information: Part 4) is amended as follows.
      (2)
In subsection (1)—
(a)
omit “As soon as reasonably practicable after the passing of this
5
Act,”,
(b)
for “the OFT” substitute “The CMA”, and
(c)
for “the making of references by it under section 131” substitute “—
(a)
the making and consideration by it of market
investigation references, and
10
(b)
the way in which relevant customer benefits may
affect the taking of enforcement action in relation to
such references.”
      (3)
In subsection (2), for “OFT” substitute “CMA”.
      (4)
Omit subsections (3) and (4).
15
      (5)
In subsection (5)(b), for “OFT or (as the case may be) the Commission”
substitute “CMA”.
      (6)
In subsection (6)—
(a)
omit “or (3)”, and
(b)
for “OFT or (as the case may be) the Commission” substitute “CMA”.
20
      (7)
In subsection (7)—
(a)
omit “or (3)”, and
(b)
for “OFT or (as the case may be) the Commission” substitute “CMA”.
      (8)
In subsection (8)—
(a)
for “OFT or the Commission” substitute “CMA”, and
25
(b)
for “OFT or (as the case may be) the Commission” substitute “CMA”.
      (9)
In subsection (9), for “OFT shall consult the Commission and such other
persons” substitute “CMA shall consult such persons”.
     (10)
Omit subsection (10).
201   (1)
Section 172 (further publicity requirements: Part 4) is amended as follows.
30
      (2)
In subsection (1), for “OFT” substitute “CMA”.
      (3)
In subsection (2), for “Commission shall” substitute “CMA shall also”.
      (4)
In subsection (10), for “Commission’s” substitute “CMA’s”.
202
In section 173 (defamation)—
(a)
for “OFT” substitute “CMA”,
35
(b)
for “by the Secretary of State,” substitute “by the Secretary of State
or”, and
(c)
omit “or by the Commission”.
203
In section 174 (investigatory powers), in subsections (3) to (5), for “OFT” (in
each place where it occurs) substitute “CMA”.
40

Enterprise and Regulatory Reform Bill
Schedule 5 — Amendments related to Part 3
Part 2 — Transfer of functions under the 2002 Act to the CMA
107

204
In section 177 (excisions from reports: Part 4), in subsections (1), (4) and (5),
for “Commission” (in each place where it occurs) substitute “CMA”.
205   (1)
Section 178 (minority reports: Part 4) is amended as follows.
      (2)
In subsection (1)—
(a)
omit “in pursuance of paragraph 15 of Schedule 7 to the Competition
5
Act 1998 (c. 41)”, and
(b)
for “Commission” (in each place where it occurs) substitute “CMA”.
      (3)
In the heading, for “Commission” substitute “CMA”.
206
In section 179 (review of decisions under Part 4), in subsection (1)—
(a)
for “OFT” substitute “CMA”, and
10
(b)
for “, the Secretary of State or the Commission” substitute “or the
Secretary of State”.
207
In section 183 (interpretation of Part 4), in subsection (3), for “Commission”
(in each place where it occurs) substitute “CMA”.
208   (1)
Section 184 (index of defined expressions: Part 4) is amended as follows.
15
      (2)
At the appropriate place in the table insert—

“The CMA
Section 273”.

      (3)
Omit the entries in the table for “The Commission” and “The OFT”.
      (4)
In the first column of the entry in the table for “Reports of the Commission”,
for “Commission” substitute “CMA”.
20
Part 6
209
In section 190 (cartel offence: prosecution), in subsections (2)(b) and (4), for
“OFT” substitute “CMA”.
210
In section 192 (investigation of cartel offences), in subsections (1) and (2), for
“OFT” (in each place where it occurs) substitute “CMA”.
25
211
In section 193 (powers when conducting an investigation), in subsections (1)
to (4), for “OFT” (in each place where it occurs) substitute “CMA”.
212
In section 194 (power to enter premises under a warrant), in subsections (1)
and (2), for “OFT” (in each place where it occurs) substitute “CMA”.
213
In section 195 (exercise of powers by authorised person), in subsection (1),
30
for “OFT” (in both places where it occurs) substitute “CMA”.
214
In section 196 (privileged information etc), in subsection (2)(b), for “OFT”
substitute “CMA”.
215
In section 201 (offences), in subsection (4)(a), for “OFT” substitute “CMA”.
Part 11
35
216   (1)
Section 273 (interpretation) is amended as follows.
      (2)
For the definition of “the Commission” substitute—

Enterprise and Regulatory Reform Bill
Schedule 5 — Amendments related to Part 3
Part 4 — Abolition of the Office of Fair Trading
108

““the CMA” means the Competition and Markets Authority;”.
      (3)
Omit the definition of “the OFT”.
Part 3
Abolition of the Competition Commission
Amendments of the 1998 Act
5
217
The 1998 Act is amended as follows.
218
In the heading of Chapter 4 of Part 1, omit “The Competition Commission
and”.
219
Omit section 45 (establishment of Competition Commission) and the cross
heading preceding it.
10
220
In section 59 (interpretation of Part 1), in subsection (1), in the definition of
“the Commission”, omit “(except in relation to the Competition
Commission)”.
221
Omit Schedule 7 (Competition Commission).
222
Omit Schedule 7A (Competition Commission: procedural rules for mergers
15
and markets refinances).
Amendments of the 2002 Act
223
The 2002 Act is amended as follows.
224
Omit sections 185 to 187 (the Competition Commission).
225
In Schedule 3 (the Competition Service), omit Part 2 (transfers of property
20
etc between the Competition Commission and the Competition Service).
226
Omit Schedule 11 (the Competition Commission).
227
Omit Schedule 12 (Competition Commission: certain procedural rules).
Part 4
Abolition of the Office of Fair Trading
25
228
Omit sections 1 to 4 of, and Schedule 1 to, the 2002 Act (which make
provision about the establishment of the Office of Fair Trading), and the
italic cross-heading preceding section 1.

Enterprise and Regulatory Reform Bill
Schedule 6 — Regulatory appeals etc: minor and consequential amendments
Part 1 — Amendments to Acts
109

Schedule 6
Section 19(4)

Regulatory appeals etc: minor and consequential amendments
Part 1
Amendments to Acts
Competition Act 1980 (c. 21)
5
1
The Competition Act 1980 is amended as follows.
2     (1)
Section 11 (reference of public bodies and certain other persons to the
Commission) is amended as follows.
      (2)
In subsections (1), (5), (6), (8) and (10), for “Commission” (in each place
where it occurs) substitute “CMA” .
10
      (3)
After subsection (10) insert—
“(10A)
The functions of the CMA with respect to a reference under this
section (including functions under sections 109 to 115 of the
Enterprise Act 2002, as applied by section 11B) are to be carried out
on behalf of the CMA by a group constituted for the purpose by the
15
chair of the CMA under Schedule 4 to the Enterprise and Regulatory
Reform Act 2012.”
      (4)
In the heading, for “Commission” substitute “CMA”.
3
In section 11A (references under section 11: time-limits), in subsections (2)
and (3), for “Commission” (in each place where it occurs) substitute “CMA”.
20
4     (1)
Section 11C (references under section 11: further supplementary provisions)
is amended as follows.
      (2)
In subsection (1), for the words from “the words” to the end, substitute “—
(a)
the words “, OFCOM or the Secretary of State” were omitted,
and
25
(b)
for the words “their functions” there were substituted “its
functions”.”
      (3)
In subsection (3)—
(a)
for “Commission” substitute “CMA”, and
(b)
for the words from “in connection with” to the end, substitute “by the
30
chair of the CMA for the purpose of carrying out the functions of the
CMA with respect to the reference”.
5
In section 12 (orders following report under section 11), in subsections (1) to
(3) and (5), for “Commission” (in each place where it occurs) substitute
“CMA”.
35
6
In section 16 (general provisions as to reports), in subsection (2), for
“Commission” substitute “CMA”.
7
In section 17 (laying before Parliament and publication of reports), in
subsection (6), for “Commission” substitute “CMA”.
8
In section 33 (short title, interpretation, etc), in subsection (2), for ““the
40
Commission”” substitute ““the CMA””.

Enterprise and Regulatory Reform Bill
Schedule 6 — Regulatory appeals etc: minor and consequential amendments
Part 1 — Amendments to Acts
110

Solicitors (Scotland) Act 1980 (c. 46)
9
The Solicitors (Scotland) Act 1980 is amended as follows.
10
In section 25A (rights of audience in the Court of Session etc), in subsections
(9) and (11), for “Director” (in each place where it occurs) substitute “CMA”.
11    (1)
Section 64A (advisory and supervisory functions) is amended as follows.
5
      (2)
In subsections (1) and (2), for “Director” (in each place where it occurs)
substitute “CMA”.
      (3)
In subsection (3)—
(a)
for “Director has completed his consideration he” substitute “CMA
has completed its consideration, the CMA”, and
10
(b)
for “he thinks” substitute “it thinks”.
      (4)
In subsection (4), for “The Director may publish any advice given by him”
substitute “The CMA may publish advice given”.
      (5)
In subsection (5)—
(a)
for “Director” substitute “CMA”, and
15
(b)
for “Director’s” substitute “CMA’s”.
      (6)
In subsection (6), for “Director” substitute “CMA”.
      (7)
In the heading, for “Director General of Fair Trading” substitute
“Competition and Markets Authority”.
12    (1)
Section 64C (investigatory powers) is amended as follows.
20
      (2)
In subsection (1)—
(a)
for “Director” substitute “CMA”, and
(b)
for “him” (in each place where it occurs) substitute “the CMA”.
      (3)
After subsection (2) insert—
“(2A)
A notice under this section may be issued on the CMA’s behalf by
25
any member of the CMA Board.”
      (4)
In the heading, for “Director” substitute “Competition and Markets
Authority”.
13
In section 64CA (enforcement of notices under section 64C), in subsections
(1) and (2) for “Office of Fair Trading” (in each place where it occurs)
30
substitute “CMA”.
14    (1)
In section 65 (interpretation), in subsection (1)—
(a)
before the definition of “the Council” insert—
““the CMA” means the Competition and Markets
Authority;
35
“the CMA Board” has the same meaning as in Schedule
4 to the Enterprise and Regulatory Reform Act 2012;”,
and
(b)
omit the definition of “the Director”.

Enterprise and Regulatory Reform Bill
Schedule 6 — Regulatory appeals etc: minor and consequential amendments
Part 1 — Amendments to Acts
111

Gas Act 1986 (c. 44)
15
The Gas Act 1986 is amended as follows.
16    (1)
Section 23B (appeals) is amended as follows.
      (2)
In subsection (1), for “Competition Commission (“the Commission”)”
substitute “CMA”.
5
      (3)
In subsections (3) and (4), for “Commission” (in each place where it occurs)
substitute “CMA”.
      (4)
In the heading, for “Competition Commission” substitute “CMA”.
17    (1)
Section 23C (procedure on appeal) is amended as follows.
      (2)
Omit subsection (1).
10
      (3)
In subsection (2), omit “Instead,”.
      (4)
After subsection (2) insert—
“(2A)
Except where specified otherwise in Schedule 4A, the functions of
the CMA with respect to an appeal under section 23B are to be
carried out on behalf of the CMA by a group constituted for the
15
purpose by the chair of the CMA under Schedule 4 to the Enterprise
and Regulatory Reform Act 2012.”
      (5)
In the heading, for “Commission” substitute “CMA”.
18    (1)
Section 23D (determination of appeal) is amended as follows.
      (2)
In subsections (2) to (5), for “Commission” (in each place where it occurs)
20
substitute “CMA”.
      (3)
In the heading, for “Commission” substitute “CMA”.
19    (1)
Section 23E (powers on allowing appeal) is amended as follows.
      (2)
In subsection (1), for “Commission” substitute “CMA”.
      (3)
In subsection (2)—
25
(a)
for “Commission” (in each place where it occurs) substitute “CMA”,
and
(b)
for “Commission’s” substitute “CMA’s”.
      (4)
In subsection (3), for “Commission” (in each place where it occurs) substitute
“CMA”.
30
      (5)
In subsection (7), for “Commission’s” substitute “CMA’s”.
      (6)
In the heading, for “Commission’s” substitute “CMA’s”.
20    (1)
Section 23F (time limits for determination of appeal) is amended as follows.
      (2)
In subsections (1), (3) to (5) and (7), for “Commission” (in each place where
it occurs) substitute “CMA”.
35
      (3)
In the heading, for “Commission” substitute “CMA”.
21    (1)
Section 23G (supplementary provision about determination of appeal) is
amended as follows.

Enterprise and Regulatory Reform Bill
Schedule 6 — Regulatory appeals etc: minor and consequential amendments
Part 1 — Amendments to Acts
112

      (2)
In subsection (1), for “Commission” (in each place where it occurs) substitute
“CMA”.
      (3)
In subsection (2)—
(a)
for “Commission” substitute “CMA”, and
(b)
for “Commission’s” (in each place where it occurs) substitute
5
“CMA’s”.
      (4)
In subsection (3), for “Commission” substitute “CMA”.
      (5)
In the heading, for “Commission” substitute “CMA”.
22
In section 27 (modification by order under other enactments), in subsection
(1), for “Office of Fair Trading, the Competition Commission” substitute
10
“CMA”.
23    (1)
Section 41D (application by Authority for order including new activities) is
amended as follows.
      (2)
In subsection (3), for the words from “shall” to the end, substitute “shall,
before making the application, make a reference under section 41E to the
15
CMA”.”
      (3)
In subsections (4) and (5), for “Commission” (in each place where it occurs)
substitute “CMA”.
      (4)
After subsection (6), insert—
“(7)
The functions of the CMA with respect to a reference under section
20
41E (including functions under sections 109 to 115 of the Enterprise
Act 2002, as applied by section 41EB) are to be carried out on behalf
of the CMA by a group constituted for the purpose by the chair of the
CMA under Schedule 4 to the Enterprise and Regulatory Reform Act
2012.”
25
24    (1)
Section 41E (references) is amended as follows.
      (2)
In subsection (1)—
(a)
for “Competition Commission” substitute “CMA”, and
(b)
for “the Commission” substitute “the CMA”.
      (3)
In subsections (2), (3), (5) and (6), for “Commission” (in each place where it
30
occurs) substitute “CMA”.
      (4)
In the heading, for “Competition Commission” substitute “CMA”.
25
In section 41EA (references under section 41E: time limits), in subsections (2)
and (3), for “Competition Commission” (in each place where it occurs)
substitute “CMA”.
35
26
In section 41EB (references under section 41E: application of the Enterprise
Act 2002), in subsection (4)—
(a)
for “Competition Commission” substitute “CMA”, and
(b)
for the words from “the words” to the end, substitute “—
(a)
the words “, OFCOM or the Secretary of State” were
40
omitted; and
(b)
for the words “their functions” there were substituted
“its functions”.”