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
148

(ii)
for “the Commission” substitute “the Competition and
Markets Authority”,
(b)
in sub-paragraph (2)—
(i)
for “Competition Commission” substitute “Competition and
Markets Authority”, and
5
(ii)
for “the Commission” substitute “the Competition and
Markets Authority”, and
(c)
in sub-paragraphs (3) and (4), for “Competition Commission” (in
each place where it occurs) substitute “group”.
     (31)
In paragraph 33—
10
(a)
for “Competition Commission” substitute “Competition and
Markets Authority or a member of the Competition and Markets
Authority”, and
(b)
“it must publish or send it” substitute “it must be published or sent”.
     (32)
In paragraph 34, in sub-paragraph (1)—
15
(a)
for the definition of “authorised member of the Competition
Commission” substitute—
““authorised member of the Competition and Markets
Authority—
(a)
in relation to a power exercisable in
20
connection with an appeal or application or
direction in respect of which a group has been
constituted by the chair of the Competition
and Markets Authority under Schedule 4 to
the Enterprise and Regulatory Reform Act
25
2012, means a member of that group who has
been authorised by the chair of the
Competition and Markets Authority to
exercise that power;
(b)
in relation to a power exercisable in
30
connection with an application for permission
to bring an appeal, or otherwise in connection
with an appeal or application or direction in
respect of which a group has not been so
constituted by the chair of the Competition
35
and Markets Authority, means—
(i)
any member of the CMA Board who is
also a member of the CMA panel, or
(ii)
any member of the CMA panel
authorised by the Secretary of State
40
(whether generally or specifically) to
exercise the power in question.”,
(b)
omit the definition of “Chairman”,
(c)
omit the definition of “a group”, and
(d)
before the definition of “intervener” insert—
45
““CMA Board” and “CMA panel” have the same
meaning as in Schedule 4 to the Enterprise and
Regulatory Reform Act 2012;”.

Enterprise and Regulatory Reform Bill
Schedule 6 — Regulatory appeals etc: minor and consequential amendments
Part 2 — Amendments to other enactments
149

Part 2
Amendments to other enactments
Electricity (Northern Ireland) Order 1992 (SI 1992/231 (N.I. 1))
149
The Electricity (Northern Ireland) Order 1992 is amended as follows.
150
In article 2 (interpretation), in paragraph (2), before the definition of “the
5
Department” insert—
““the CMA” means the Competition and Markets Authority;”.
151   (1)
Article 15 (modification references) is amended as follows.
      (2)
In paragraph (1)—
(a)
for “Competition Commission” substitute “CMA”, and
10
(b)
for “the Commission” substitute “the CMA”.
      (3)
In paragraph (2)—
(a)
for “Competition Commission” substitute “CMA”, and
(b)
for “the Commission” substitute “the CMA”.
      (4)
In paragraph (3), for “Competition Commission” substitute “CMA”.
15
      (5)
In paragraph (5)—
(a)
for “Competition Commission” substitute “CMA”, and
(b)
for “the Commission” substitute “the CMA”.
      (6)
In paragraph (6)—
(a)
for “Competition Commission” substitute “CMA”, and
20
(b)
for “the Commission” (in each place where it occurs) substitute “the
CMA”.
      (7)
In paragraph (7), for “Competition Commission” substitute “CMA”.
      (8)
After paragraph (7) insert—
“(7A)
The functions of the CMA with respect to a reference under this
25
article 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 modifications following a report
on a reference, and functions under sections 109 to 115 of the
30
Enterprise Act 2002, as applied by Articles 15B and 17A).”
      (9)
In paragraph (9), for the words from “members” to the end substitute
“persons to membership of the CMA for the purpose of being available for
selection as members of a group constituted to carry out functions on behalf
of the CMA with respect to a reference under this Article”.
35
     (10)
In paragraph (9A), for “selecting” substitute “constituting”.
     (11)
In the heading, for “Monopolies Commission” substitute “CMA”.
152
In article 15A (references under article 15: time limits), in paragraphs (2) and
(3), for “Competition Commission” (in each place where it occurs) substitute
“CMA”.
40
153   (1)
Article 16 (reports on modification references) is amended as follows.

Enterprise and Regulatory Reform Bill
Schedule 6 — Regulatory appeals etc: minor and consequential amendments
Part 2 — Amendments to other enactments
150

      (2)
In paragraph (1), for “Competition Commission” substitute “CMA”.
      (3)
In paragraph (1A)—
(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
5
CMA with respect to the reference”.
      (4)
In paragraphs (1B), (3) to (3C) and (4), for “Competition Commission” (in
each place where it occurs) substitute “CMA”.
154
In article 17 (modification following report), in paragraphs (1) and (5), for
“Competition Commission” (in each place where it occurs) substitute
10
“CMA”.
155   (1)
Article 17A (power to veto modifications following report) is amended as
follows.
      (2)
In paragraph (1), for the words from the beginning to “Commission”)”
substitute “The CMA”.
15
      (3)
In paragraphs (2) to (8), (10) to (12), (14) and (16), for “Commission” (in each
place where it occurs) substitute “CMA”.
      (4)
In the heading, for “Competition Commission’s” substitute “CMA’s”.
156
In article 18 (modification by order under other statutory provisions), in
paragraph (1), for “Office of Fair Trading, the Competition Commission”
20
substitute “CMA”.
157   (1)
Article 53 (annual and other reports) is amended as follows.
      (2)
In paragraph (1)(a)(ii), for “Competition Commission” substitute “CMA’s”.
      (3)
Omit paragraph (6).
Gas (Northern Ireland) Order 1996 (SI 1996/275 (N.I.2))
25
158
The Gas (Northern Ireland) Order 1996 is amended as follows.
159
In article 2 (interpretation), in paragraph (2), before the definition of
“construction” insert—
““the CMA” means the Competition and Markets Authority;”.
160   (1)
Article 15 (modification references) is amended as follows.
30
      (2)
In paragraph (1)—
(a)
for “Competition Commission” substitute “CMA”, and
(b)
for “the Commission” substitute “the CMA”.
      (3)
In paragraph (2)—
(a)
for “Competition Commission” substitute “CMA”, and
35
(b)
for “the Commission” substitute “the CMA”.
      (4)
In paragraph (3)—
(a)
for “Competition Commission” substitute “CMA”, and
(b)
for “the Commission” substitute “the CMA”.
      (5)
In paragraph (4), for “Competition Commission” substitute “CMA”.
40

Enterprise and Regulatory Reform Bill
Schedule 6 — Regulatory appeals etc: minor and consequential amendments
Part 2 — Amendments to other enactments
151

      (6)
In paragraph (6)—
(a)
for “Competition Commission” substitute “CMA”, and
(b)
for “the Commission” substitute “the CMA”.
      (7)
In paragraph (7)—
(a)
for “Competition Commission” substitute “CMA”, and
5
(b)
for “the Commission” (in each place where it occurs) substitute “the
CMA”.
      (8)
In paragraph (8), for “Competition Commission” substitute “CMA”.
      (9)
After paragraph (8) insert—
“(8A)
The functions of the CMA with respect to a reference under this
10
article 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 modifications following a report
on a reference, and functions under sections 109 to 115 of the
15
Enterprise Act 2002, as applied by Articles 15B and 17A).”
     (10)
In the heading, for “Monopolies Commission” substitute “Competition and
Markets Authority”.
161
In article 15A (references under article 15: time limits), in paragraphs (2) and
(3), for “Competition Commission” (in each place where it occurs) substitute
20
“CMA”.
162   (1)
Article 16 (reports on modification references) is amended as follows.
      (2)
In paragraph (1), for “Competition Commission” substitute “CMA”.
      (3)
In paragraph (1A)—
(a)
for “Competition Commission” substitute “CMA”, and
25
(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 ”.
      (4)
In paragraphs (1B), (3) to (3C) and (4), for “Competition Commission” (in
each place where it occurs) substitute “CMA”.
30
163
In article 17 (modification following report), in paragraphs (1) and (5A), for
“Competition Commission” (in each place where it occurs) substitute
“CMA”.
164   (1)
Article 17A (power to veto modifications following report) is amended as
follows.
35
      (2)
In paragraph (1), for the words from the beginning to “Commission”)”
substitute “The CMA”.
      (3)
In paragraphs (2) to (10), (13) to (15), (17) and (19), for “Commission” (in each
place where it occurs) substitute “CMA”.
      (4)
In the heading, for “Competition Commission’s” substitute “CMA’s”.
40
165
In article 18 (modification by order under other statutory provisions), in
paragraph (1), for “Office of Fair Trading, the Competition Commission”
substitute “CMA”.

Enterprise and Regulatory Reform Bill
Schedule 6 — Regulatory appeals etc: minor and consequential amendments
Part 2 — Amendments to other enactments
152

166   (1)
Article 32 (annual and other reports) is amended as follows.
      (2)
In paragraph (1)(a)(ii), for “Monopolies Commission’s” substitute “CMA’s”.
      (3)
Omit paragraph (6).
Energy (Northern Ireland) Order 2003 (SI 2003/419 (N.I. 6))
167
The Energy (Northern Ireland) Order 2003 is amended as follows.
5
168   (1)
Article 6 (annual and other reports of the Authority) is amended as follows.
      (2)
In paragraph (1)(b), for “Competition Commission” substitute “Competition
and Markets Authority”.
      (3)
Omit paragraph (10).
169
In article 38 (modification of licences), in paragraphs (1) and (2), for “, the
10
Office of Fair Trading or the Competition Commission” (in each place where
those words occur) substitute “or the Competition and Markets Authority”.
170   (1)
Schedule 2 (orders altering licensable activities) is amended as follows.
      (2)
In paragraph 1, after sub-paragraph (3), insert—
    “(4)
In this Schedule, “the CMA” means the Competition and Markets
15
Authority.”
      (3)
In paragraph 2—
(a)
in sub-paragraph (4), for “Competition Commission” substitute
“CMA”, and
(b)
in sub-paragraphs (5) and (6), for “Commission” (in each place where
20
it occurs) substitute “CMA”.
      (4)
In the italic cross-heading preceding paragraph 3, for “Competition
Commission” substitute “CMA”.
      (5)
In paragraph 3—
(a)
in sub-paragraph (1)—
25
(i)
for “Competition Commission” substitute “CMA”, and
(ii)
for “the Commission” substitute “the CMA”,
(b)
in sub-paragraphs (2), (3), (5) and (6), for “Commission” (in each
place where it occurs) substitute “CMA”, and
(c)
after sub-paragraph (6), insert—
30
    “(7)
The functions of the CMA with respect to a reference under
this paragraph (including functions under sections 109 to
115 of the Enterprise Act 2002, as applied by paragraph 5)
are to be carried out on behalf of the CMA by a group
constituted for the purpose by the chair of the CMA under
35
Schedule 4 to the Enterprise and Regulatory Reform Act
2012.”
      (6)
In paragraph 4—
(a)
in sub-paragraph (2), for “Competition Commission” substitute
“CMA”, and
40
(b)
in sub-paragraph (3), for “Commission” substitute “CMA”.
      (7)
In paragraph 5, in sub-paragraph (4)—

Enterprise and Regulatory Reform Bill
Schedule 6 — Regulatory appeals etc: minor and consequential amendments
Part 2 — Amendments to other enactments
153

(a)
for “Competition Commission” substitute “CMA”, and
(b)
for the words from “the words” to the end, substitute “for the words
“, OFCOM or the Secretary of State” there were substituted “or
OFCOM”.
      (8)
In paragraph 6—
5
(a)
in sub-paragraph (1), for “Competition Commission” substitute
“CMA”,
(b)
in sub-paragraphs (2) and (3), for “Commission” (in each place where
it occurs) substitute “CMA”,
(c)
in sub-paragraph (4)—
10
(i)
for “Commission” substitute “CMA”, and
(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
(d)
in sub-paragraphs (5) to (9) and (11), for “Commission” (in each place
15
where it occurs) substitute “CMA”.
Water Services etc (Scotland) Act 2005 (Consequential Provisions and Modifications) Order
2005 (SI 2005/3172)
171
The Water Services etc (Scotland) Act 2005 (Consequential Provisions and
Modifications) Order 2005 is amended as follows.
20
172
In article 2 (interpretation), in paragraph (1), for the definition of “the
Commission” substitute—
““the CMA” means the Competition and Markets Authority;”.
173   (1)
Article 3 (references) is amended as follows.
      (2)
In paragraphs (1), (5) to (9), and (11) and (12), for “Commission” substitute
25
“CMA”.
      (3)
After paragraph (12) insert—
“(13)
The functions of the CMA with respect to a reference under this
article 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
30
4 to the Enterprise and Regulatory Reform Act 2012 (including
functions relating to the making of modifications following a report
on a reference, and functions under sections 109 to 115 of the
Enterprise Act 2002, as applied by articles 5 and 10).”
      (4)
In the heading, for “Commission” substitute “CMA”.
35
174
In article 4 (references: time limits), in paragraphs (2) and (3), for
“Commission” (in each place where it occurs) substitute “CMA”.
175
In article 5 (references: powers of investigation), in paragraph (4)(a), for
paragraph (i) substitute—
“(i)
the words “, OFCOM or the Secretary of State” were
40
omitted;”.
176   (1)
Article 6 (consultation on proposals) is amended as follows.
      (2)
In paragraphs (1) to (3), for “Commission” (in each place where it occurs)
substitute “CMA”.

Enterprise and Regulatory Reform Bill
Schedule 6 — Regulatory appeals etc: minor and consequential amendments
Part 2 — Amendments to other enactments
154

      (3)
In the heading, for “Commission” substitute “CMA”.
177   (1)
Article 7 (reports on references) is amended as follows.
      (2)
In paragraphs (1) to (5), for “Commission” (in each place where it occurs)
substitute “CMA”.
      (3)
In paragraph (6)—
5
(a)
for “Commission” substitute “CMA”, and
(b)
for the words from “constituted,” to the end substitute “constituted
by the chair of the CMA for the purpose of carrying out the functions
of the CMA with respect to the reference”.
      (4)
In paragraphs (7) and (8), for “Commission” (in each place where it occurs)
10
substitute “CMA”.
      (5)
In paragraph (10), for “Commission’s” substitute “CMA’s”.
      (6)
In paragraph (12), for “Commission” substitute “CMA”.
178   (1)
Article 8 (modifications following report) is amended as follows.
      (2)
In paragraph (1), for “Commission” substitute “CMA”.
15
      (3)
In paragraph (2)—
(a)
for “Commission” substitute “CMA”, and
(b)
for “Commission’s” substitute “CMA’s”.
      (4)
In paragraph (3), for “Commission’s” substitute “CMA’s”.
      (5)
In paragraph (6), for “Commission” substitute “CMA”.
20
179   (1)
Article 9 (power of veto following report) is amended as follows.
      (2)
In paragraphs (1) to (3), for “Commission” (in each place where it occurs)
substitute “CMA”.
      (3)
In paragraph (4)—
(a)
for “Commission” (in each place where it occurs) substitute “CMA”,
25
and
(b)
for “Commission’s” (in each place where it occurs) substitute
“CMA’s”.
      (4)
In paragraphs (5) to (8), for “Commission” (in each place where it occurs)
substitute “CMA”.
30
      (5)
In the heading, for “Commission’s” substitute “CMA’s”.
180   (1)
Article 10 (article 9: supplementary) is amended as follows.
      (2)
In paragraphs (2), (3) and (5), for “Commission” (in each place where it
occurs) substitute “CMA”.
      (3)
In paragraph (6)(a), for paragraph (i) substitute—
35
“(i)
the words “, OFCOM or the Secretary of State” were
omitted;”.