|
| |
|
(a) | for “group with the function of determining a reference” substitute |
| |
| |
(b) | for “of the appeal” substitute “on a reference”. |
| |
(7) | In paragraph 6, in sub-paragraphs (1) and (3), for “Competition |
| |
Commission” (in each place where it occurs) substitute “CMA”. |
| 5 |
| |
(a) | in sub-paragraph (1), for “a group with the function of making a |
| |
determination on a reference under section 120” substitute “the |
| |
| |
(b) | in sub-paragraph (2), for “A group with that function” substitute |
| 10 |
| |
(c) | in sub-paragraph (3), for “Competition Commission” substitute |
| |
| |
(d) | in sub-paragraph (4)— |
| |
(i) | for “Competition Commission” substitute “CMA”, and |
| 15 |
(ii) | in paragraph (b), after “evidence” insert “to it” and omit “to a |
| |
group with that function”, |
| |
(e) | in sub-paragraph (5), for “group conducting the hearing” substitute |
| |
| |
(f) | in sub-paragraph (8)— |
| 20 |
(i) | in paragraph (a), for “Competition Commission” substitute |
| |
| |
(ii) | in paragraph (b), for “group conducting the hearing” |
| |
| |
(g) | in sub-paragraph (9), for “Competition Commission” substitute |
| 25 |
| |
(9) | In paragraph 8, in sub-paragraph (1)— |
| |
(a) | for “Commission” substitute “CMA”, and |
| |
(b) | for “a group with the function of making a determination on a |
| |
reference under section 120” substitute “the CMA”. |
| 30 |
(10) | In paragraph 9, in sub-paragraph (2), for “Commission” substitute “group |
| |
constituted for the purpose of carrying out functions of the CMA with |
| |
respect to the reference to which the notice or requirement relates”. |
| |
(11) | In paragraph 10, in sub-paragraph (2) for the words from “Competition |
| |
Commission’s” to the end substitute “CMA’s behalf by a member of the |
| 35 |
group constituted for the purpose of carrying out functions of the CMA with |
| |
respect to the reference to which the notice relates”. |
| |
| |
(a) | in sub-paragraph (1), for “Competition Commission” substitute |
| |
| 40 |
(b) | in sub-paragraphs (4) and (5), for “Commission” substitute “CMA |
| |
| |
| |
(a) | for sub-paragraph (1) substitute— |
| |
“(1) | Where the CMA makes a determination on a reference |
| 45 |
under section 120 it must make an order requiring the |
| |
|
| |
|
| |
|
payment to it of the costs it incurred in connection with the |
| |
| |
(b) | in sub-paragraph (5)— |
| |
(i) | for “The group that makes a determination on a reference |
| |
under section 120” substitute “The CMA”, and |
| 5 |
(ii) | for “the determination” substitute “a determination on a |
| |
reference under section 120”. |
| |
| |
140 | The Civil Aviation Act 2012 is amended as follows. |
| |
141 (1) | Section 24 (appeals: conditions of new licences) is amended as follows. |
| 10 |
(2) | In subsections (1), (3) and (5), for “Competition Commission” (in each place |
| |
where it occurs) substitute “Competition and Markets Authority”. |
| |
(3) | In the heading, for “Competition Commission” substitute “Competition and |
| |
| |
142 (1) | Section 25 (appeals: modification of licence conditions) is amended as |
| 15 |
| |
(2) | In subsections (1),(3), (5) and (7), for “Competition Commission” (in each |
| |
place where it occurs) substitute “Competition and Markets Authority”. |
| |
(3) | In the heading, for “Competition Commission” substitute “Competition and |
| |
| 20 |
143 | In section 26 (when appeals may be allowed), for “Competition |
| |
Commission” substitute “Competition and Markets Authority”. |
| |
144 (1) | Section 27 (determination of appeal) is amended as follows. |
| |
(2) | In subsection (1) for “Competition Commission” substitute “Competition |
| |
| 25 |
| |
(a) | for “Competition Commission” substitute “Competition and |
| |
| |
(b) | for “the Commission” substitute “the Competition and Markets |
| |
| 30 |
| |
(a) | for “Competition Commission” substitute “Competition and |
| |
| |
(b) | for “the Commission” substitute “the Competition and Markets |
| |
| 35 |
(5) | In subsection (5), for “Competition Commission” substitute “Competition |
| |
| |
145 (1) | Section 28 (determination of appeal: time limits) is amended as follows. |
| |
(2) | In subsections (1), (3) and (4), for “Competition Commission” (in each place |
| |
where it occurs) substitute “Competition and Markets Authority”. |
| 40 |
| |
|
| |
|
| |
|
(a) | for “Competition Commission” substitute “Competition and |
| |
| |
(b) | for “the Commission” substitute “the Competition and Markets |
| |
| |
(4) | In subsections (6) to (8), for “Competition Commission” (in each place where |
| 5 |
it occurs) substitute “Competition and Markets Authority”. |
| |
146 (1) | Section 29 (determination of appeal: publication etc) is amended as follows. |
| |
| |
(a) | for “Competition Commission” substitute “Competition and |
| |
| 10 |
(b) | for “the Commission” substitute “the Competition and Markets |
| |
| |
(3) | In subsections (3) and (4), for “Competition Commission” (in each place |
| |
where it occurs) substitute “Competition and Markets Authority”. |
| |
| 15 |
(a) | for “Competition Commission” substitute “Competition and |
| |
| |
(b) | for “Commission’s opinion” (in each place where those words occur) |
| |
substitute “opinion of the Competition and Markets Authority”. |
| |
147 (1) | Section 30 (procedure on appeals) is amended as follows. |
| 20 |
(2) | In subsections (2) and (3), for “Competition Commission” (in each place |
| |
where it occurs) substitute “Competition and Markets Authority”. |
| |
(3) | For subsection (5), substitute— |
| |
“(5) | Except where specified otherwise in Schedule 2, the functions of the |
| |
Competition and Markets Authority with respect to an appeal under |
| 25 |
section 24 or 25 are to be carried out on behalf of the Competition and |
| |
Markets Authority by a group constituted for the purpose, by the |
| |
chair of the Competition and Markets Authority, under Schedule 4 to |
| |
the Enterprise and Regulatory Reform Act 2012.” |
| |
148 (1) | Schedule 2 (appeals under sections 24 and 25) is amended as follows. |
| 30 |
| |
(a) | in sub-paragraph (1)— |
| |
(i) | for “Competition Commission’s decision” substitute |
| |
“decision of the Competition and Markets Authority”, and |
| |
(ii) | for “the Commission” substitute “the Competition and |
| 35 |
| |
(b) | in sub-paragraphs (5) and (6), for “Competition Commission” (in |
| |
each place where it occurs) substitute “Competition and Markets |
| |
| |
(c) | in sub-paragraph (7), for “The Competition Commission” substitute |
| 40 |
“An authorised member of the Competition and Markets Authority”, |
| |
| |
(d) | in sub-paragraph (8), in paragraph (d), for “Commission” substitute |
| |
| |
|
| |
|
| |
|
(3) | In paragraph 3, in sub-paragraph (1), for “Competition Commission” |
| |
substitute “Competition and Markets Authority”. |
| |
| |
(a) | in sub-paragraph (1), for “Competition Commission” substitute |
| |
“Competition and Markets Authority”, |
| 5 |
(b) | in sub-paragraph (2), for “on which the Competition Commission |
| |
publishes its” substitute “of publication of the Competition and |
| |
Markets Authority’s”, and |
| |
(c) | in sub-paragraph (3), for “Competition Commission” substitute |
| |
“Competition and Markets Authority”. |
| 10 |
| |
(a) | in sub-paragraph (1)— |
| |
(i) | for “Competition Commission’s decision” substitute |
| |
“decision of the Competition and Markets Authority”, and |
| |
(ii) | for “the Commission” substitute “the Competition and |
| 15 |
| |
(b) | in sub-paragraph (2), for “Competition Commission” substitute |
| |
“Competition and Markets Authority”, |
| |
(c) | in sub-paragraph (4), for “The Competition Commission must” |
| |
substitute “An authorised member of the Competition and Markets |
| 20 |
| |
(d) | in sub-paragraph (5), for “Commission” substitute “authorised |
| |
| |
(6) | In paragraph 6, in sub-paragraph (3), for “Competition Commission” |
| |
substitute “Competition and Markets Authority”. |
| 25 |
(7) | In paragraph 7, in sub-paragraph (3), for “Competition Commission” |
| |
substitute “Competition and Markets Authority”. |
| |
(8) | In paragraph 8, in sub-paragraph (1), for “Competition Commission” |
| |
substitute “Competition and Markets Authority”. |
| |
(9) | In paragraph 9, in sub-paragraph (3), for “Competition Commission’s |
| 30 |
decision” substitute “decision of the Competition and Markets Authority”. |
| |
| |
(a) | in sub-paragraph (1)— |
| |
(i) | for “Competition Commission’s functions” substitute |
| |
“functions of the Competition and Markets Authority”, and |
| 35 |
(ii) | for “the Commission” substitute “the Competition and |
| |
| |
(b) | in sub-paragraph (2), for “Competition Commission” substitute |
| |
“Competition and Markets Authority”, and |
| |
(c) | in sub-paragraph (4)— |
| 40 |
(i) | for “The Competition Commission” substitute “An |
| |
authorised member of the Competition and Markets |
| |
| |
(ii) | for “it” substitute “he or she”. |
| |
(11) | In paragraph 11, in sub-paragraph (1), for “Competition Commission” |
| 45 |
substitute “Competition and Markets Authority”. |
| |
|
| |
|
| |
|
(12) | In paragraph 12, in sub-paragraph (3), for “Competition Commission’s |
| |
decision” substitute “decision of the Competition and Markets Authority”. |
| |
| |
(a) | in sub-paragraph (1)— |
| |
(i) | for “Competition Commission’s functions” substitute |
| 5 |
“functions of the Competition and Markets Authority”, and |
| |
(ii) | for “the Commission” substitute “the Competition and |
| |
| |
(b) | in sub-paragraph (2), for “Competition Commission” substitute |
| |
“Competition and Markets Authority”, and |
| 10 |
(c) | in sub-paragraph (4)— |
| |
(i) | for “The Competition Commission” substitute “An |
| |
authorised member of the Competition and Markets |
| |
| |
(ii) | for “it” substitute “he or she”. |
| 15 |
| |
(a) | in sub-paragraph (1), for “The Competition Commission must” |
| |
substitute “An authorised member of the Competition and Markets |
| |
| |
(b) | in sub-paragraph (2), for “the Competition Commission must |
| 20 |
comply with sub-paragraph (1)” substitute “the requirements of sub- |
| |
paragraph (1) must be complied with”, |
| |
(c) | in sub-paragraph (3), for “The Competition Commission must” |
| |
substitute “An authorised member of the Competition and Markets |
| |
| 25 |
(d) | in sub-paragraph (4), in paragraph (d), for “Competition |
| |
Commission” substitute “authorised member”. |
| |
| |
(a) | in sub-paragraph (1), for “Competition Commission” substitute |
| |
“Competition and Markets Authority”, and |
| 30 |
(b) | in sub-paragraph (4), in paragraph (a), for “the Competition |
| |
Commission” substitute “an authorised member of the Competition |
| |
| |
| |
(a) | omit sub-paragraph (1), |
| 35 |
(b) | in sub-paragraph (2)— |
| |
(i) | for “The group” substitute “A group constituted by the chair |
| |
of the Competition and Markets Authority, under Schedule 4 |
| |
to the Enterprise and Regulatory Reform Act 2012, for the |
| |
purpose of carrying out functions of the Competition and |
| 40 |
Markets Authority with respect to an appeal under section 24 |
| |
| |
(ii) | for “Competition Commission” substitute “CMA panel”, and |
| |
(c) | omit sub-paragraphs (3) and (4). |
| |
| 45 |
(18) | In paragraph 18, in sub-paragraph (1), for “Competition Commission” |
| |
substitute “Competition and Markets Authority”. |
| |
|
| |
|
| |
|
| |
(a) | in sub-paragraph (1)— |
| |
(i) | for “A group with the function of determining an appeal” |
| |
substitute “The Competition and Markets Authority”, |
| |
(ii) | for “the appeal” substitute “an appeal”, and |
| 5 |
(iii) | for “Competition Commission” substitute “Competition and |
| |
| |
(b) | In sub-paragraph (3)— |
| |
(i) | for “A group with the function of determining an appeal” |
| |
substitute “The Competition and Markets Authority”, and |
| 10 |
(ii) | for “the appeal” substitute “an appeal”, and |
| |
(c) | in sub-paragraph (4)— |
| |
(i) | for “A group with the function of determining an appeal” |
| |
substitute “The Competition and Markets Authority”, and |
| |
(ii) | for “the appeal” substitute “an appeal”. |
| 15 |
(20) | In paragraph 20, in sub-paragraph (1), for “Competition Commission” |
| |
substitute “Competition and Markets Authority”. |
| |
| |
(a) | in sub-paragraphs (1) and (2), for “Competition Commission” (in |
| |
each place where it occurs) substitute “Competition and Markets |
| 20 |
| |
(b) | in sub-paragraph (3), for “Competition Commission’s decision” |
| |
substitute “decision of the Competition and Markets Authority”, |
| |
(c) | in sub-paragraph (4)— |
| |
(i) | for “Competition Commission’s decision” substitute |
| 25 |
“decision of the Competition and Markets Authority”, and |
| |
(ii) | for “the Commission” substitute “the Competition and |
| |
| |
(d) | in sub-paragraphs (5) and (6), for “Competition Commission” (in |
| |
each place where it occurs) substitute “Competition and Markets |
| 30 |
| |
(e) | in sub-paragraph (7)— |
| |
(i) | for “Competition Commission’s decision” substitute |
| |
“decision of the Competition and Markets Authority”, and |
| |
(ii) | for “Commission” (in each place where it occurs) substitute |
| 35 |
“Competition and Markets Authority”, and |
| |
(f) | in sub-paragraph (9)— |
| |
(i) | for “Competition Commission’s decision” substitute |
| |
“decision of the Competition and Markets Authority”, and |
| |
(ii) | for “Commission” (in each place where it occurs) substitute |
| 40 |
“Competition and Markets Authority”. |
| |
(22) | In paragraph 22, in sub-paragraph (1), for “Competition Commission” |
| |
substitute “Competition and Markets Authority”. |
| |
| |
(a) | in sub-paragraph (1)— |
| 45 |
(i) | for “Competition Commission” substitute “Competition and |
| |
| |
|
| |
|
| |
|
(ii) | for “the Commission” substitute “the Competition and |
| |
| |
(b) | in sub-paragraph (4), for the words from “on the” to the end |
| |
substitute “on behalf of the Competition and Markets Authority by |
| |
an authorised member of the Competition and Markets Authority”. |
| 5 |
| |
(a) | in sub-paragraph (1), for “Competition Commission” (in each place |
| |
where it occurs) substitute “Competition and Markets Authority”, |
| |
(b) | in sub-paragraph (3), for “The Competition Commission” substitute |
| |
“An authorised member of the Competition and Markets Authority”, |
| 10 |
(c) | in sub-paragraph (7), in paragraph (a), for “the Competition |
| |
Commission is not required” substitute “there is no requirement”, |
| |
(d) | in sub-paragraph (9), for “the Competition Commission must pay |
| |
the person” substitute “an authorised member of the Competition |
| |
and Markets Authority must arrange for the person to be paid”, and |
| 15 |
(e) | in sub-paragraph (10), for the words from “on the” to the end |
| |
substitute “on behalf of the Competition and Markets Authority by |
| |
an authorised member of the Competition and Markets Authority”. |
| |
| |
(a) | in sub-paragraph (1), for “Competition Commission” (in each place |
| 20 |
where it occurs) substitute “Competition and Markets Authority”, |
| |
| |
(b) | in sub-paragraph (5), for the words from “on the” to the end |
| |
substitute “on behalf of the Competition and Markets Authority by |
| |
an authorised member of the Competition and Markets Authority”. |
| 25 |
(26) | In paragraph 26, for “Competition Commission” substitute “Competition |
| |
| |
(27) | In paragraph 27, in sub-paragraph (2), for “A member of the Competition |
| |
Commission” substitute “An authorised member of the Competition and |
| |
| 30 |
| |
(a) | in sub-paragraphs (1) to (4), for “the Competition Commission” (in |
| |
each place where it occurs) substitute “the Competition and Markets |
| |
| |
(b) | after sub-paragraph (4), insert— |
| 35 |
“(4A) | For the purposes of sub-paragraphs (1) to (4), the consent |
| |
of the Competition and Markets Authority is to be given by |
| |
an authorised member of the Competition and Markets |
| |
| |
(c) | in sub-paragraph (6), for “Competition Commission” substitute |
| 40 |
“Competition and Markets Authority”. |
| |
(29) | In paragraph 30, in sub-paragraphs (1), (5) and (6), for “Competition |
| |
Commission” (in each place where it occurs) substitute “CMA Board”. |
| |
| |
(a) | in sub-paragraph (1)— |
| 45 |
(i) | for “Competition Commission” substitute “Competition and |
| |
| |
|
| |
|