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

141

 

(a)   

for “group with the function of determining a reference” substitute

“CMA”, and

(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

      (8)  

In paragraph 7—

(a)   

in sub-paragraph (1), for “a group with the function of making a

determination on a reference under section 120” substitute “the

CMA”,

(b)   

in sub-paragraph (2), for “A group with that function” substitute

10

“The CMA”,

(c)   

in sub-paragraph (3), for “Competition Commission” substitute

“CMA”,

(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

“CMA”,

(f)   

in sub-paragraph (8)—

20

(i)   

in paragraph (a), for “Competition Commission” substitute

“CMA”, and

(ii)   

in paragraph (b), for “group conducting the hearing”

substitute “CMA”, and

(g)   

in sub-paragraph (9), for “Competition Commission” substitute

25

“CMA”.

      (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”.

     (12)  

In paragraph 11—

(a)   

in sub-paragraph (1), for “Competition Commission” substitute

“CMA Board”, and

40

(b)   

in sub-paragraphs (4) and (5), for “Commission” substitute “CMA

Board”.

     (13)  

In paragraph 12—

(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

 
 

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

142

 

payment to it of the costs it incurred in connection with the

reference.”, and

(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”.

Civil Aviation Act 2012

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

Markets Authority”.

142   (1)  

Section 25 (appeals: modification of licence conditions) is amended as

15

follows.

      (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

Markets Authority”.

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

and Markets Authority”.

25

      (3)  

In subsection (2)—

(a)   

for “Competition Commission” substitute “Competition and

Markets Authority”, and

(b)   

for “the Commission” substitute “the Competition and Markets

Authority”.

30

      (4)  

In subsection (4)—

(a)   

for “Competition Commission” substitute “Competition and

Markets Authority”, and

(b)   

for “the Commission” substitute “the Competition and Markets

Authority”.

35

      (5)  

In subsection (5), for “Competition Commission” substitute “Competition

and Markets Authority”.

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

      (3)  

In subsection (5)—

 
 

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

143

 

(a)   

for “Competition Commission” substitute “Competition and

Markets Authority”, and

(b)   

for “the Commission” substitute “the Competition and Markets

Authority”.

      (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.

      (2)  

In subsection (1)—

(a)   

for “Competition Commission” substitute “Competition and

Markets Authority”, and

10

(b)   

for “the Commission” substitute “the Competition and Markets

Authority”.

      (3)  

In subsections (3) and (4), for “Competition Commission” (in each place

where it occurs) substitute “Competition and Markets Authority”.

      (4)  

In subsection (5)—

15

(a)   

for “Competition Commission” substitute “Competition and

Markets Authority” 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

      (2)  

In paragraph 2—

(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

Markets Authority”,

(b)   

in sub-paragraphs (5) and (6), for “Competition Commission” (in

each place where it occurs) substitute “Competition and Markets

Authority”,

(c)   

in sub-paragraph (7), for “The Competition Commission” substitute

40

“An authorised member of the Competition and Markets Authority”,

and

(d)   

in sub-paragraph (8), in paragraph (d), for “Commission” substitute

“authorised member”.

 
 

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

144

 

      (3)  

In paragraph 3, in sub-paragraph (1), for “Competition Commission”

substitute “Competition and Markets Authority”.

      (4)  

In paragraph 4—

(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

      (5)  

In paragraph 5—

(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

Markets Authority”,

(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

Authority must”, and

(d)   

in sub-paragraph (5), for “Commission” substitute “authorised

member”.

      (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”.

     (10)  

In paragraph 10—

(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

Markets Authority”,

(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

Authority”, and

(ii)   

for “it” substitute “he or she”.

     (11)  

In paragraph 11, in sub-paragraph (1), for “Competition Commission”

45

substitute “Competition and Markets Authority”.

 
 

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

145

 

     (12)  

In paragraph 12, in sub-paragraph (3), for “Competition Commission’s

decision” substitute “decision of the Competition and Markets Authority”.

     (13)  

In paragraph 13—

(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

Markets Authority”,

(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

Authority”, and

(ii)   

for “it” substitute “he or she”.

15

     (14)  

In paragraph 14—

(a)   

in sub-paragraph (1), for “The Competition Commission must”

substitute “An authorised member of the Competition and Markets

Authority must”,

(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

Authority must”, and

25

(d)   

in sub-paragraph (4), in paragraph (d), for “Competition

Commission” substitute “authorised member”.

     (15)  

In paragraph 15—

(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

and Markets Authority”.

     (16)  

In paragraph 16—

(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

or 25”, and

(ii)   

for “Competition Commission” substitute “CMA panel”, and

(c)   

omit sub-paragraphs (3) and (4).

     (17)  

Omit paragraph 17.

45

     (18)  

In paragraph 18, in sub-paragraph (1), for “Competition Commission”

substitute “Competition and Markets Authority”.

 
 

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

146

 

     (19)  

In paragraph 19—

(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

Markets Authority”,

(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”.

     (21)  

In paragraph 21—

(a)   

in sub-paragraphs (1) and (2), for “Competition Commission” (in

each place where it occurs) substitute “Competition and Markets

20

Authority”,

(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

Markets Authority”,

(d)   

in sub-paragraphs (5) and (6), for “Competition Commission” (in

each place where it occurs) substitute “Competition and Markets

30

Authority”,

(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”.

     (23)  

In paragraph 23—

(a)   

in sub-paragraph (1)—

45

(i)   

for “Competition Commission” substitute “Competition and

Markets Authority”, and

 
 

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

147

 

(ii)   

for “the Commission” substitute “the Competition and

Markets Authority”, 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

     (24)  

In paragraph 24—

(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”.

     (25)  

In paragraph 25—

(a)   

in sub-paragraph (1), for “Competition Commission” (in each place

20

where it occurs) substitute “Competition and Markets Authority”,

and

(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

and Markets Authority”.

     (27)  

In paragraph 27, in sub-paragraph (2), for “A member of the Competition

Commission” substitute “An authorised member of the Competition and

Markets Authority”.

30

     (28)  

In paragraph 29—

(a)   

in sub-paragraphs (1) to (4), for “the Competition Commission” (in

each place where it occurs) substitute “the Competition and Markets

Authority”,

(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

Authority.”, and

(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”.

     (30)  

In paragraph 31—

(a)   

in sub-paragraph (1)—

45

(i)   

for “Competition Commission” substitute “Competition and

Markets Authority”, and

 
 

 
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Revised 23 May 2012