|
| |
|
27 (1) | Section 41F (reports on references) is amended as follows. |
| |
(2) | In subsection (1), for “Competition Commission” substitute “CMA”. |
| |
(3) | In subsections (2) and (3), for “Commission” (in each place where it occurs) |
| |
| |
| 5 |
(a) | for “Competition Commission” substitute “CMA”, and |
| |
(b) | for the words from “in connection with” to the end, substitute “by the |
| |
chair of the CMA for the purpose of carrying out the functions of the |
| |
CMA with respect to the reference”. |
| |
(5) | In subsections (3B) to (4C), for “Competition Commission” (in each place |
| 10 |
where it occurs) substitute “CMA”. |
| |
(6) | In subsection (5), for “Commission” substitute “CMA”. |
| |
28 | In section 48 (interpretation of Part 1), in subsection (1), after the definition |
| |
of “calorific value” insert— |
| |
““the CMA” means the Competition and Markets Authority;”. |
| 15 |
29 (1) | Schedule 4A (procedure for appeals under section 23B) is amended as |
| |
| |
| |
(a) | in sub-paragraphs (1) and (7), for “Commission” (in each place where |
| |
it occurs) substitute “CMA”, |
| 20 |
(b) | in sub-paragraph (8)— |
| |
(i) | for “Commission’s” substitute “CMA’s”, and |
| |
(ii) | for “Commission” substitute “CMA”, |
| |
(c) | in sub-paragraph (9)— |
| |
(i) | for “deciding” substitute “the authorised member decides”, |
| 25 |
| |
(ii) | for “the Commission must give the Authority” substitute “the |
| |
Authority must be given”, |
| |
(d) | in sub-paragraph (10), for “Commission’s” substitute “CMA’s”, |
| |
(e) | in sub-paragraph (12), for “the Commission must” substitute “an |
| 30 |
authorised member of the CMA must”, and |
| |
(f) | in sub-paragraph (13)— |
| |
(i) | for “of the Commission” substitute “of the CMA”, and |
| |
(ii) | for “as the Commission” substitute “as an authorised |
| |
| 35 |
| |
(a) | in sub-paragraph (1), for “Commission” substitute “CMA”, |
| |
(b) | in sub-paragraph (2)(b), for “the Commission has given the |
| |
Authority” substitute “the Authority has been given”, |
| |
(c) | in sub-paragraph (3), for “Commission’s” substitute “CMA’s”, |
| 40 |
(d) | in sub-paragraph (4), for “Commission” substitute “CMA”, |
| |
(e) | in sub-paragraph (5)— |
| |
(i) | for “Commission’s” substitute “CMA’s”, and |
| |
(ii) | for “Commission” substitute “CMA”, and |
| |
(f) | in sub-paragraph (6)— |
| 45 |
|
| |
|
| |
|
(i) | in paragraph (a), for “Commission” substitute “CMA”, and |
| |
(ii) | in paragraph (b), for “the Commission” substitute “an |
| |
authorised member of the CMA”. |
| |
(4) | In paragraph 3, in sub-paragraphs (1) and (3), for “Commission” (in each |
| |
place where it occurs) substitute “CMA”. |
| 5 |
| |
(a) | omit sub-paragraph (1), |
| |
(b) | in sub-paragraph (2)— |
| |
(i) | after “group” insert “constituted by the chair of the CMA |
| |
under Schedule 4 to the Enterprise and Regulatory Reform |
| 10 |
Act 2012 for the purpose of carrying out functions of the |
| |
CMA with respect to an appeal under section 23B”, and |
| |
(ii) | for “Commission” substitute “CMA panel”, |
| |
(c) | omit sub-paragraphs (3) to (7), and |
| |
(d) | in sub-paragraph (8), for “a group” substitute “the group”. |
| 15 |
(6) | In paragraph 5, in sub-paragraph (1)— |
| |
(a) | for “The group with the function of determining an appeal” |
| |
substitute “The CMA”, and |
| |
(b) | for “determination of the appeal” substitute “determination of an |
| |
| 20 |
| |
(a) | in sub-paragraph (1), for “Commission” (in each place where it |
| |
occurs) substitute “CMA”, |
| |
(b) | in sub-paragraph (4)— |
| |
(i) | for “The Commission may take copies” substitute “An |
| 25 |
authorised member of the CMA may, for the purpose of the |
| |
exercise of the functions of the CMA, make arrangements for |
| |
| |
| |
(c) | in sub-paragraph (5), in paragraph (a), for the words from |
| 30 |
“Commission’s” to the end of paragraph (a), substitute “CMA’s |
| |
behalf by an authorised member of the CMA”. |
| |
| |
(a) | in sub-paragraph (2), for “Commission” substitute “CMA”, |
| |
(b) | in sub-paragraph (5)(a), for “the Commission is not required” |
| 35 |
substitute “there is no requirement”, |
| |
(c) | in sub-paragraph (7), for “the Commission must pay that person” |
| |
substitute “an authorised member of the CMA must arrange for that |
| |
| |
(d) | in sub-paragraph (8), for the words from “Commission’s” to the end, |
| 40 |
substitute “CMA’s behalf by an authorised member of the CMA”. |
| |
| |
(a) | in sub-paragraph (1), for “Commission” substitute “CMA”, and |
| |
(b) | in sub-paragraph (4), for the words from “Commission’s” to the end, |
| |
substitute “CMA’s behalf by an authorised member of the CMA”. |
| 45 |
(10) | In paragraph 9, for “Commission” substitute “CMA”. |
| |
|
| |
|
| |
|
(11) | In paragraph 10, in sub-paragraph (1), for “a member of the Commission” |
| |
substitute “an authorised member of the CMA”. |
| |
(12) | In paragraph 11, in sub-paragraphs (1), (3) and (4), for “Commission” (in |
| |
each place where it occurs) substitute “CMA Board”. |
| |
(13) | In paragraph 12, in sub-paragraphs (1) and (2), for “Commission” (in each |
| 5 |
place where it occurs) substitute “CMA”. |
| |
(14) | In paragraph 13, in sub-paragraph (1)— |
| |
(a) | for the definition of “authorised member of the Commission” |
| |
| |
““authorised member of the CMA”— |
| 10 |
(a) | in relation to a power exercisable in |
| |
connection with an appeal in respect of which |
| |
a group has been constituted by the chair of |
| |
the CMA under Schedule 4 to the Enterprise |
| |
and Regulatory Reform Act 2012, means a |
| 15 |
member of that group who has been |
| |
authorised by the chair of the CMA to exercise |
| |
| |
(b) | in relation to a power exercisable in |
| |
connection with an application for permission |
| 20 |
to bring an appeal, or otherwise in connection |
| |
with an appeal in respect of which a group has |
| |
not been so constituted by the chair of the |
| |
| |
(i) | any member of the CMA Board who is |
| 25 |
also a member of the CMA panel, or |
| |
(ii) | any member of the CMA panel |
| |
authorised by the Secretary of State |
| |
(whether generally or specifically) to |
| |
exercise the power in question.”, |
| 30 |
(b) | omit the definition of “the Chairman”, |
| |
(c) | for the definition of “the Commission” substitute— |
| |
““CMA Board” and “CMA panel” have the same |
| |
meaning as in Schedule 4 to the Enterprise and |
| |
Regulatory Reform Act 2012;”, and |
| 35 |
(d) | omit the definition of a “group”. |
| |
Electricity Act 1989 (c. 29) |
| |
30 | The Electricity Act 1989 is amended as follows. |
| |
31 (1) | Section 11C (appeals) is amended as follows. |
| |
(2) | In subsection (1), for “Competition Commission (“the Commission”)” |
| 40 |
| |
(3) | In subsections (3) and (4), for “Commission” (in each place where it occurs) |
| |
| |
(4) | In the heading, for “Competition Commission” substitute “CMA”. |
| |
32 (1) | Section 11D (procedure on appeal) is amended as follows. |
| 45 |
|
| |
|
| |
|
| |
(3) | In subsection (2), omit “Instead,”. |
| |
(4) | After subsection (2) insert— |
| |
“(2A) | Except where specified otherwise in Schedule 5A, the functions of |
| |
the CMA with respect to an appeal under section 11C are to be |
| 5 |
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.” |
| |
(5) | In the heading, for “Commission” substitute “CMA”. |
| |
33 (1) | Section 11E (determination of appeal) is amended as follows. |
| 10 |
(2) | In subsections (2) to (5), for “Commission” (in each place where it occurs) |
| |
| |
(3) | In the heading, for “Commission” substitute “CMA”. |
| |
34 (1) | Section 11F (powers on allowing appeal) is amended as follows. |
| |
(2) | In subsection (1), for “Commission” substitute “CMA”. |
| 15 |
| |
(a) | for “Commission” (in each place where it occurs) substitute “CMA”, |
| |
| |
(b) | for “Commission’s” substitute “CMA’s”. |
| |
(4) | In subsection (3), for “Commission” (in each place where it occurs) substitute |
| 20 |
| |
(5) | In subsection (7), for “Commission’s” substitute “CMA’s”. |
| |
(6) | In the heading, for “Commission’s” substitute “CMA’s”. |
| |
35 (1) | Section 11G (time limits for determination of appeal) is amended as follows. |
| |
(2) | In subsection (1), for “Commission” substitute “CMA”. |
| 25 |
(3) | In subsections (3) to (5) and (7), for “Commission” (in each place where it |
| |
occurs) substitute “CMA”. |
| |
(4) | In the heading, for “Commission” substitute “CMA”. |
| |
36 (1) | Section 11H (supplementary provision about determination of appeal) is |
| |
| 30 |
(2) | In subsection (1), for “Commission” (in each place where it occurs) substitute |
| |
| |
| |
(a) | for “Commission” substitute “CMA”, and |
| |
(b) | for “Commission’s” (in each place where it occurs) substitute |
| 35 |
| |
(4) | In subsection (3), for “Commission” substitute “CMA”. |
| |
(5) | In the heading, for “Commission” substitute “CMA”. |
| |
|
| |
|
| |
|
37 | In section 15 (modification by order under other enactments), in subsection |
| |
(1) for “Office of Fair Trading, the Competition Commission” substitute |
| |
| |
38 (1) | Section 56B (application for order including new activities) is amended as |
| |
| 5 |
(2) | In subsection (3), for the words from “shall” to the end, substitute “shall, |
| |
before making the application, make a reference under section 56C to the |
| |
| |
(3) | In subsections (4) and (5), for “Commission” (in each place where it occurs) |
| |
| 10 |
(4) | After subsection (6), insert— |
| |
“(7) | The functions of the CMA with respect to a reference under section |
| |
56C (including functions under sections 109 to 115 of the Enterprise |
| |
Act 2002, as applied by section 56CB) are to be carried out on behalf |
| |
of the CMA by a group constituted for the purpose by the chair of the |
| 15 |
CMA under Schedule 4 to the Enterprise and Regulatory Reform Act |
| |
| |
39 (1) | Section 56C (references) is amended as follows. |
| |
| |
(a) | for “Competition Commission” substitute “CMA”, and |
| 20 |
(b) | for “the Commission” substitute “the CMA”. |
| |
(3) | In subsections (2), (3), (5) and (6), for “Commission” (in each place where it |
| |
occurs) substitute “CMA”. |
| |
(4) | In the heading, for “Competition Commission” substitute “CMA”. |
| |
40 | In section 56CA (references under section 56C: time limits), in subsections (2) |
| 25 |
and (3), for “Competition Commission” (in each place where it occurs) |
| |
| |
41 | In section 56CB (references under section 56C: application of Enterprise Act |
| |
2002), in subsection (4)— |
| |
(a) | for “Competition Commission” substitute “CMA”, and |
| 30 |
(b) | for the words from “the words” to the end, substitute “— |
| |
(a) | the words “, OFCOM or the Secretary of State” were |
| |
| |
(b) | for the words “their functions” there were substituted |
| |
| 35 |
42 (1) | Section 56D (reports on references) is amended as follows. |
| |
(2) | In subsection (1), for “Competition Commission” substitute “CMA”. |
| |
(3) | In subsections (2) and (3), for “Commission” (in each place where it occurs) |
| |
| |
| 40 |
(a) | for “Competition Commission” substitute “CMA”, and |
| |
(b) | for the words from “in connection with” to the end, substitute “by the |
| |
chair of the CMA for the purpose of carrying out the functions of the |
| |
CMA with respect to the reference”. |
| |
|
| |
|
| |
|
(5) | In subsections (3B) to (4C), for “Competition Commission” (in each place |
| |
where it occurs) substitute “CMA”. |
| |
(6) | In subsection (5), for “Commission” substitute “CMA”. |
| |
43 | In section 64 (interpretation etc of Part 1), in subsection (1), after the |
| |
definition of “authorised supplier” insert— |
| 5 |
““the CMA” means the Competition and Markets Authority;”. |
| |
44 (1) | Schedule 5A (procedure for appeals under section 11C) is amended as |
| |
| |
| |
(a) | in sub-paragraphs (1) and (7), for “Commission” (in each place where |
| 10 |
it occurs) substitute “CMA”, |
| |
(b) | in sub-paragraph (8)— |
| |
(i) | for “Commission’s” substitute “CMA’s”, and |
| |
(ii) | for “Commission” substitute “CMA”, |
| |
(c) | in sub-paragraph (9)— |
| 15 |
(i) | for “deciding” substitute “the authorised member decides”, |
| |
(ii) | for “the Commission must give the Authority” substitute “the |
| |
Authority must be given”, |
| |
(d) | in sub-paragraph (10), for “Commission’s” substitute “CMA’s”, |
| |
(e) | in sub-paragraph (12), for “the Commission must” substitute “an |
| 20 |
authorised member of the CMA must”, and |
| |
(f) | in sub-paragraph (13)— |
| |
(i) | for “of the Commission” substitute “of the CMA”, and |
| |
(ii) | for “as the Commission” substitute “as an authorised |
| |
| 25 |
| |
(a) | in sub-paragraph (1) for “Commission” substitute “CMA”, |
| |
(b) | in sub-paragraph (2)(b), for “the Commission has given the |
| |
Authority” substitute “the Authority has been given”, |
| |
(c) | in sub-paragraph (3), for “Commission’s” substitute “CMA’s”, |
| 30 |
(d) | in sub-paragraph (4), for “Commission” substitute “CMA”, |
| |
(e) | in sub-paragraph (5)— |
| |
(i) | for “Commission’s” substitute “CMA’s”, and |
| |
(ii) | for “Commission” substitute “CMA”, and |
| |
(f) | in sub-paragraph (6)— |
| 35 |
(i) | in paragraph (a), for “Commission” substitute “CMA”, and |
| |
(ii) | in paragraph (b), for “the Commission” substitute “an |
| |
authorised member of the CMA”. |
| |
(4) | In paragraph 3, in sub-paragraphs (1) and (3), for “Commission” (in each |
| |
place where it occurs) substitute “CMA”. |
| 40 |
| |
(a) | omit sub-paragraph (1), |
| |
(b) | in sub-paragraph (2)— |
| |
(i) | after “group” insert “constituted by the chair of the CMA |
| |
under Schedule 4 to the Enterprise and Regulatory Reform |
| 45 |
|
| |
|
| |
|
Act 2012 for the purpose of carrying out functions of the |
| |
CMA with respect to an appeal under section 11C”, and |
| |
(ii) | for “Commission” substitute “CMA panel”, |
| |
(c) | omit sub-paragraphs (3) to (7), and |
| |
(d) | in sub-paragraph (8), for “a group” substitute “the group”. |
| 5 |
(6) | In paragraph 5, in sub-paragraph (1)— |
| |
(a) | for “The group with the function of determining an appeal” |
| |
substitute “The CMA”, and |
| |
(b) | for “determination of the appeal” substitute “determination of an |
| |
| 10 |
| |
(a) | in sub-paragraph (1), for “Commission” (in each place where it |
| |
occurs) substitute “CMA”, |
| |
(b) | in sub-paragraph (4)— |
| |
(i) | for “The Commission may take copies” substitute “An |
| 15 |
authorised member of the CMA may, for the purpose of the |
| |
exercise of the functions of the CMA, make arrangements for |
| |
| |
| |
(c) | in sub-paragraph (5), in paragraph (a), for the words from |
| 20 |
“Commission’s” to the end of paragraph (a), substitute “CMA’s |
| |
behalf by an authorised member of the CMA”. |
| |
| |
(a) | in sub-paragraph (2), for “Commission” substitute “CMA”, |
| |
(b) | in sub-paragraph (5)(a), for “the Commission is not required” |
| 25 |
substitute “there is no requirement”, |
| |
(c) | in sub-paragraph (7), for “the Commission must pay that person” |
| |
substitute “an authorised member of the CMA must arrange for that |
| |
| |
(d) | in sub-paragraph (8), for the words from “Commission’s” to the end, |
| 30 |
substitute “CMA’s behalf by an authorised member of the CMA”. |
| |
| |
(a) | in sub-paragraph (1), for “Commission” substitute “CMA”, and |
| |
(b) | in sub-paragraph (4), for the words from “Commission’s” to the end, |
| |
substitute “CMA’s behalf by an authorised member of the CMA”. |
| 35 |
(10) | In paragraph 9, for “Commission” substitute “CMA”. |
| |
(11) | In paragraph 10, in sub-paragraph (1), for “a member of the Commission” |
| |
substitute “an authorised member of the CMA”. |
| |
(12) | In paragraph 11, in sub-paragraphs (1), (3) and (4), for “Commission” (in |
| |
each place where it occurs) substitute “CMA Board”. |
| 40 |
(13) | In paragraph 12, in sub-paragraphs (1) and (2), for “Commission” (in each |
| |
place where it occurs) substitute “CMA”. |
| |
(14) | In paragraph 13, in sub-paragraph (1)— |
| |
(a) | for the definition of “authorised member of the Commission” |
| |
| 45 |
““authorised member of the CMA”— |
| |
|
| |
|