Session 2012 - 13
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Enterprise and Regulatory Reform Bill


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

113

 

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)

substitute “CMA”.

      (4)  

In subsection (3A)—

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

follows.

      (2)  

In paragraph 1—

(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

and

(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

member of the CMA”.

35

      (3)  

In paragraph 2—

(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

 
 

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

114

 

(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

      (5)  

In paragraph 4—

(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

appeal”.

20

      (7)  

In paragraph 6—

(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

copies to be taken”, and

(ii)   

omit “to it”, and

(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”.

      (8)  

In paragraph 7—

(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

person to be paid”, and

(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”.

      (9)  

In paragraph 8—

(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”.

 
 

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

115

 

     (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”

substitute—

““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

that power;

(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

CMA, means—

(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

substitute “CMA”.

      (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”.

32    (1)  

Section 11D (procedure on appeal) is amended as follows.

45

 
 

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

116

 

      (2)  

Omit subsection (1).

      (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)

substitute “CMA”.

      (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

      (3)  

In subsection (2)—

(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

20

“CMA”.

      (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

amended as follows.

30

      (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

35

“CMA’s”.

      (4)  

In subsection (3), for “Commission” substitute “CMA”.

      (5)  

In the heading, for “Commission” substitute “CMA”.

 
 

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

117

 

37         

In section 15 (modification by order under other enactments), in subsection

(1) for “Office of Fair Trading, the Competition Commission” substitute

“CMA”.

38    (1)  

Section 56B (application for order including new activities) is amended as

follows.

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

CMA”.

      (3)  

In subsections (4) and (5), for “Commission” (in each place where it occurs)

substitute “CMA”.

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

2012.”

39    (1)  

Section 56C (references) is amended as follows.

      (2)  

In subsection (1)—

(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)

substitute “CMA”.

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

omitted; and

(b)   

for the words “their functions” there were substituted

“its functions”.”

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)

substitute “CMA”.

      (4)  

In subsection (3A)—

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”.

 
 

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

118

 

      (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

follows.

      (2)  

In paragraph 1—

(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

member of the CMA”.

25

      (3)  

In paragraph 2—

(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

      (5)  

In paragraph 4—

(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

 
 

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

119

 

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

appeal”.

10

      (7)  

In paragraph 6—

(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

copies to be taken”, and

(ii)   

omit “to it”, and

(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”.

      (8)  

In paragraph 7—

(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

person to be paid”, and

(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”.

      (9)  

In paragraph 8—

(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”

substitute—

45

““authorised member of the CMA”—

 
 

 
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Revised 23 May 2012