Enterprise and Regulatory Reform Bill

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
134

      (5)
In the heading, for “OFT” substitute “CMA”.
110   (1)
Section 58 (Board’s response to report) is amended as follows.
      (2)
In subsection (1), for “OFT” substitute “CMA”.
      (3)
In subsections (2) and (3), for “OFT’s” (in each place where it occurs)
substitute “CMA’s”.
5
      (4)
In subsection (4), for “OFT” substitute “CMA”.
      (5)
In the heading, for “OFT” substitute “CMA”.
111   (1)
Section 59 (referral of report by Lord Chancellor) is amended as follows.
      (2)
In subsections (1) to (3), for “OFT” (in each place where it occurs) substitute
“CMA”.
10
      (3)
In subsection (4), for the words from “must” to “its advice” substitute “must
make a reference to the chair of the CMA for the constitution of a group
under Schedule 4 to the Enterprise and Regulatory Reform Act 2012, for the
purpose of advising the Lord Chancellor”.
      (4)
After subsection (4), insert—
15
“(5)
Where a reference is made to the chair of the CMA under this section
for the constitution of a group, the functions of the CMA under
section 60, in relation to the matter concerned, are to be carried out
on behalf of the CMA by the group so constituted (including
functions under sections 109 to 115 of the Enterprise Act 2002, as
20
applied by section 60(9)).”
      (5)
In the heading, omit “to the Competition Commission”.
112   (1)
Section 60 (duties of the Competition Commission) is amended as follows.
      (2)
In subsection (1), for the words from “seeks” to “the Commission” substitute
“makes a reference under section 59, the CMA”.
25
      (3)
In subsection (2), for “The Commission must then make its own report”
substitute “The CMA must then make a report”.
      (4)
In subsection (3), for “Commission” substitute “CMA”.
      (5)
In subsection (4)—
(a)
for “Commission” substitute “CMA”, and
30
(b)
for the words from “it receives” to the end substitute “the reference
in question is made to the chair of the CMA under section 59”.
      (6)
In subsection (5), for “Commission’s” substitute “CMA’s”.
      (7)
In subsection (6)—
(a)
for “Commission’s” substitute “CMA’s, and
35
(b)
for “Commission” (in each place where it occurs) substitute “CMA”.
      (8)
In subsection (7), for “Commission” substitute “CMA”.
      (9)
In subsection (8)—
(a)
for “Commission’s” substitute “CMA’s, and
(b)
for “Commission” substitute “CMA”.
40

Enterprise and Regulatory Reform Bill
Schedule 6 — Regulatory appeals etc: minor and consequential amendments
Part 1 — Amendments to Acts
135

     (10)
In subsection (9)—
(a)
in the words before paragraph (a), for “to the Commission”
substitute “to the CMA”, and
(b)
in paragraph (b), for “Commission” substitute “CMA”.
     (11)
In subsection (10)—
5
(a)
for “Commission” substitute “CMA”, and
(b)
for “OFT’s report” substitute “report made by the CMA under
section 57”.
     (12)
In the heading, for “Competition Commission” substitute “CMA”.
113   (1)
Section 61 (Lord Chancellor’s power to give directions) is amended as
10
follows.
      (2)
In subsection (1), for “OFT” substitute “CMA”.
      (3)
In subsection (2), for “Competition Commission” substitute “CMA”.
114
In section 66 (Board’s power to recommend orders), in subsection (3)(b), for
“OFT” substitute “CMA”.
15
115
In section 67 (effect of Board’s designation as approved regulator), in
subsection (3), for “OFT” substitute “CMA”.
116
In section 207 (interpretation), in subsection (1)—
(a)
after the definition of “barrister” insert—
“the CMA” means the Competition and Markets
20
Authority;”, and
(b)
omit the definition of “the OFT”.
117   (1)
Schedule 4 (approved regulators) is amended as follows.
      (2)
In paragraph 5, in sub-paragraph (2)(a), for “OFT” substitute “CMA”.
      (3)
In the italic cross-heading preceding paragraph 6, for “Office of Fair
25
Trading” substitute “Competition and Markets Authority”.
      (4)
In paragraph 6, in sub-paragraphs (1) and (2), for “OFT” (in each place where
it occurs) substitute “CMA”.
      (5)
In paragraph 15, in sub-paragraph (5)(a), for “OFT” substitute “CMA”.
118   (1)
Schedule 6 (alteration of reserved legal activities) is amended as follows.
30
      (2)
In paragraph 3, in sub-paragraph (1)(b), for “OFT” substitute “CMA”.
      (3)
In paragraph 5, in sub-paragraphs (1) to (4), for “OFT” (in each place where
it occurs) substitute “CMA”.
      (4)
In paragraph 8, in sub-paragraph (3), for “OFT” in each place substitute
“CMA”.
35
      (5)
In paragraph 9, in sub-paragraph (2)(b), for “OFT” substitute “CMA”.
      (6)
In paragraph 11, in sub-paragraph (4)(a), for “OFT” substitute “CMA”.
      (7)
In paragraph 17, in sub-paragraph (4)(a), for “OFT” substitute “CMA”.
119   (1)
Schedule 7 (directions: procedure) is amended as follows.

Enterprise and Regulatory Reform Bill
Schedule 6 — Regulatory appeals etc: minor and consequential amendments
Part 1 — Amendments to Acts
136

      (2)
In paragraph 3, in sub-paragraph (2)(b), for “OFT” substitute “CMA”.
      (3)
In the italic cross-heading preceding paragraph 5, for “Office of Fair
Trading” substitute “Competition and Markets Authority”.
      (4)
In paragraph 5, in sub-paragraphs (1) and (2), for “OFT” (in each place where
it occurs) substitute “CMA”.
5
120   (1)
Schedule 8 (intervention directions: procedure) is amended as follows.
      (2)
In paragraph 3, in sub-paragraph (2)(b), for “OFT” substitute “CMA”.
      (3)
In the italic cross-heading preceding paragraph 5, for “Office of Fair
Trading” substitute “Competition and Markets Authority”.
      (4)
In paragraph 5, in sub-paragraphs (1) and (2), for “OFT” (in each place where
10
it occurs) substitute “CMA”.
      (5)
In paragraph 14, in sub-paragraph (3)(b), for “OFT” substitute “CMA”.
      (6)
In the italic cross-heading preceding paragraph 16, for “Office of Fair
Trading” substitute “Competition and Markets Authority”.
      (7)
In paragraph 16, in sub-paragraphs (1) and (2), for “OFT” (in each place
15
where it occurs) substitute “CMA”.
121   (1)
Schedule 9 (cancellation of designation as approved regulator) is amended
as follows.
      (2)
In paragraph 3, in sub-paragraph (2)(a), for “OFT” substitute “CMA”.
      (3)
In the italic cross-heading preceding paragraph 4, for “Office of Fair
20
Trading” substitute “Competition and Markets Authority”.
      (4)
In paragraph 4, in sub-paragraphs (1) and (2), for “OFT” (in each place where
it occurs) substitute “CMA”.
122   (1)
Schedule 10 (designation of approved regulators as licensing authorities) is
amended as follows.
25
      (2)
In paragraph 3, in sub-paragraph (2)(a), for “OFT” substitute “CMA”.
      (3)
In the italic cross-heading preceding paragraph 4, for “Office of Fair
Trading” substitute “Competition and Markets Authority”.
      (4)
In paragraph 4, in sub-paragraphs (1) and (2), for “OFT” (in each place where
it occurs) substitute “CMA”.
30
      (5)
In paragraph 13, in sub-paragraph (5)(a), for “OFT” substitute “CMA”.
      (6)
In paragraph 19, in sub-paragraph (2)(a), for “OFT” substitute “CMA”.
      (7)
In the italic cross-heading preceding paragraph 20, for “Office of Fair
Trading” substitute “Competition and Markets Authority”.
      (8)
In paragraph 20, in sub-paragraphs (1) and (2), for “OFT” (in each place
35
where it occurs) substitute “CMA”.
123
In Schedule 24 (index of defined expressions)—

Enterprise and Regulatory Reform Bill
Schedule 6 — Regulatory appeals etc: minor and consequential amendments
Part 1 — Amendments to Acts
137

(a)
at the appropriate place insert—

“CMA
section 207”,

and

(b)
omit the reference to the OFT.
Postal Services Act 2011 (c. 5)
5
124
The Postal Services Act 2011 is amended as follows.
125   (1)
Section 59 (price control decisions) is amended as follows.
      (2)
In subsection (3), for “Competition Commission (“the Commission”)”
substitute “Competition and Markets Authority (“the CMA”)”.
      (3)
In subsections (5) to (12), for “Commission” (in each place where it occurs)
10
substitute “CMA”.
      (4)
After subsection (12) insert—
“(12A)
The CMA’s functions with respect to an appeal under this section are
to be carried out on its behalf by a group constituted for the purpose
by the chair of the CMA under Schedule 4 to the Enterprise and
15
Regulatory Reform Act 2012”.
126
In section 60 (section 59: supplementary), in subsections (1) and (4) to (6), for
“Commission” (in each place where it occurs) substitute “CMA”.
Health and Social Care Act 2012 (c. 7)
127
The Health and Social Care Act 2012 is amended as follows.
20
128   (1)
Section 101 (licence condition modification references) is amended as
follows.
      (2)
In subsection (2)—
(a)
for “Competition Commission” substitute “CMA”, and
(b)
for “the Commission” substitute “the CMA”.
25
      (3)
In subsection (4)—
(a)
for “Competition Commission” substitute “CMA”, and
(b)
for “the Commission” substitute “the CMA”.
      (4)
After subsection (4) insert—
“(4A)
The functions of the CMA with respect to a reference under this
30
section 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 (including
functions relating to the making of changes following a report on a
reference, and functions under sections 109 to 115 of the Enterprise
35
Act 2002, as applied by paragraph 10 of Schedule 10).”
      (5)
In subsections (5) and (6), for “Competition Commission” (in each place
where it occurs) substitute “CMA”.
      (6)
In the heading, for “Competition Commission” substitute “CMA”.

Enterprise and Regulatory Reform Bill
Schedule 6 — Regulatory appeals etc: minor and consequential amendments
Part 1 — Amendments to Acts
138

129
In section 102 (modification of conditions by order under other enactments),
in subsection (1), for “Office of Fair Trading, Competition Commission”
substitute “CMA”.
130
In section 103 (standard condition as to transparency of certain criteria), in
subsection (3)—
5
(a)
in paragraph (b), for “Competition Commission” substitute “CMA”,
and
(b)
in paragraph (c), for “Office of Fair Trading, Competition
Commission” substitute “CMA”.
131   (1)
Section 120 (responses to consultation on proposals for national tariff) is
10
amended as follows.
      (2)
In subsections (1) and (4), for “Competition Commission” (in each place
where it occurs) substitute “CMA”.
      (3)
In subsection (5), omit the words from the beginning to “instead,”.
      (4)
After subsection (5), insert—
15
“(5A)
Except where specified otherwise in Schedule 12, the functions of the
CMA with respect to a reference under this section (including
functions relating to the making of changes following a
determination on a reference) are to be carried out on behalf of the
CMA by a group constituted for the purpose by the chair of the CMA
20
under Schedule 4 to the Enterprise and Regulatory Reform Act
2012.”
132   (1)
Section 121 (determination on reference under section 120) is amended as
follows.
      (2)
In subsections (1) to (3), for “Competition Commission” (in each place where
25
it occurs) substitute “CMA”.
      (3)
In subsections (4) to (6) and (8) to (10), for “Commission” (in each place
where it occurs) substitute “CMA”.
133
In section 122 (changes following determination on reference under section
120), in subsections (1) and (2), for “Competition Commission” (in each place
30
where it occurs) substitute “CMA”.
134   (1)
Section 123 (power to veto changes proposed under section 122) is amended
as follows.
      (2)
In subsection (1), for “Competition Commission” substitute “CMA”.
      (3)
In subsection (3), for “Commission” substitute “CMA”.
35
      (4)
In subsection (4), for “Competition Commission” substitute “CMA”.
      (5)
In subsections (5) to (7), for “Commission” (in each place where it occurs)
substitute “CMA”.
135   (1)
Section 142 (responses to consultation on proposal to impose a levy) is
amended as follows.
40
      (2)
In subsections (1) and (4), for “Competition Commission” (in each place
where it occurs) substitute “CMA”.

Enterprise and Regulatory Reform Bill
Schedule 6 — Regulatory appeals etc: minor and consequential amendments
Part 1 — Amendments to Acts
139

      (3)
After subsection (4) insert—
“(4A)
The functions of the CMA with respect to a reference under this
section 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 (including
5
functions relating to the making of changes following a report on a
reference, and functions under sections 109 to 115 of the Enterprise
Act 2002, as applied by paragraph 10 of Schedule 10).”
      (4)
In subsections (5) and (7), for “Competition Commission” (in each place
where it occurs) substitute “CMA”.
10
136   (1)
Section 149 (electronic communications) is amended as follows.
      (2)
In subsection (2)—
(a)
for “Competition Commission” substitute “CMA”, and
(b)
for “the Commission” substitute “the CMA”.
      (3)
In subsections (3) and (4), for “Competition Commission” (in each place
15
where it occurs) substitute “CMA”.
137
In section 150 (interpretation etc. of Part 3), in subsection (1), after the
definition of “anti-competitive behaviour” insert—
““the CMA” means the Competition and Markets Authority;”.
138   (1)
Schedule 10 (references by Monitor under section 101 or 142) is amended as
20
follows.
      (2)
In the heading, for “Competition Commission” substitute “CMA”.
      (3)
In paragraph 1—
(a)
in sub-paragraph (1), for “Competition Commission” substitute
“CMA”, and
25
(b)
in sub-paragraph (2), for “the Commission” substitute “the CMA”.
      (4)
In paragraph 2, for “Competition Commission” substitute “CMA”.
      (5)
In paragraph 4—
(a)
in sub-paragraph (1)—
(i)
for “Competition Commission” substitute “CMA”, and
30
(ii)
for “the Commission” (in each place where it occurs)
substitute “the CMA”, and
(b)
in sub-paragraph (2), for “Commission” substitute “CMA”.
      (6)
In paragraph 5—
(a)
in sub-paragraph (1), for “Competition Commission” substitute
35
“CMA”,
(b)
in sub-paragraph (3), for “Commission” substitute “CMA”, and
(c)
in sub-paragraph (4), for “Competition Commission” substitute
“CMA”.
      (7)
In paragraph 6—
40
(a)
in sub-paragraph (1), for “Competition Commission” substitute
“CMA”,
(b)
in sub-paragraph (2)—
(i)
for “Commission” substitute “CMA”, and

Enterprise and Regulatory Reform Bill
Schedule 6 — Regulatory appeals etc: minor and consequential amendments
Part 1 — Amendments to Acts
140

(ii)
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”, and
(c)
in sub-paragraph (4), for “Commission” substitute “CMA”.
      (8)
In paragraph 7, in sub-paragraphs (1) and (8), for “Competition
5
Commission” (in each place where it occurs) substitute “CMA”.
      (9)
In the italic cross-heading preceding paragraph 8, for “Competition
Commission’s” substitute “CMA’s”.
     (10)
In paragraph 8—
(a)
in sub-paragraph (1), for “Competition Commission” substitute
10
“CMA”, and
(b)
in sub-paragraphs (3) to (5), (7), (8) and (10) to (12), for “Commission”
(in each place where it occurs) substitute “CMA”.
     (11)
In paragraph 9—
(a)
in sub-paragraph (1), for “Competition Commission” substitute
15
“CMA”, and
(b)
in sub-paragraphs (2) and (3), for “Commission” (in each place where
it occurs) substitute “CMA”.
     (12)
In paragraph 10, in sub-paragraph (2), for “Competition Commission”
substitute “CMA”.
20
139   (1)
Schedule 12 (procedure on references under section 120) is amended as
follows.
      (2)
In paragraph 2, in sub-paragraph (1), for “Competition Commission”
substitute “CMA”.
      (3)
In the italic cross-heading preceding paragraph 3, for “Commission”
25
substitute “CMA”.
      (4)
In paragraph 3—
(a)
omit sub-paragraph (1),
(b)
in sub-paragraph (2)—
(i)
for “selected under this paragraph” substitute “constituted
30
by the chair of the CMA under Schedule 4 to the Enterprise
and Regulatory Reform Act 2012 for the purpose of carrying
out functions of the CMA with respect to a reference under
section 120”, and
(ii)
for “Commission” substitute “CMA panel”,
35
(c)
omit sub-paragraphs (3) to (6), and
(d)
in sub-paragraph (7), for “a group” substitute “the group”.
      (5)
In paragraph 4—
(a)
in sub-paragraph (1), for the words from the beginning to “the
determination” substitute “The CMA must make its determination
40
on a reference”,
(b)
in sub-paragraph (2), for “that group” substitute “the CMA”, and
(c)
in sub-paragraph (3), for “Competition Commission” substitute
“CMA”.
      (6)
In paragraph 5, in sub-paragraph (1)—
45