Enterprise and Regulatory Reform Bill

Session 2012 - 13
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Other Bills before Parliament

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”—