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Amendments related to Part 3 |
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Transfer of functions under the 1998 Act to the CMA |
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1 | The Competition Act 1998 is amended as follows. |
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2 | In section 6 (block exemptions), in subsections (1) and (6), for “OFT” (in each |
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place where it occurs) substitute “CMA”. |
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3 | In section 8 (block exemptions: procedure), in subsections (1) to (3) and (5), |
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for “OFT” (in each place where it occurs) substitute “CMA”. |
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4 | In section 10 (parallel exemptions), in subsections (5), (7) and (8), for “OFT” |
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(in each place where it occurs) substitute “CMA”. |
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5 (1) | Section 25 (power to investigate) is amended as follows. |
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(2) | In subsections (1) and (8) to (11), for “OFT” (in each place where it occurs) |
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(3) | In the heading, for “OFT” substitute “CMA”. |
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6 | In section 26 (powers when conducting investigations), in subsections (1) |
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and (5), for “OFT” (in each place where it occurs) substitute “CMA”. |
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7 | In section 27 (power to enter business premises without a warrant), in |
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subsections (1) and (3), for “OFT” (in each place where it occurs) substitute |
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8 (1) | Section 28 (power to enter business premises under a warrant) is amended |
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(2) | In subsection (1)(b)(i), for “OFT” substitute “CMA”. |
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(a) | for “OFT” (in each place where it occurs) substitute “CMA”, and |
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(b) | for “OFT’s” substitute “CMA’s”. |
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9 | In section 28A (power to enter domestic premises under a warrant), in |
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subsections (1)(b)(i) and (2), for “OFT” (in each place where it occurs) |
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10 | In section 31 (decisions following an investigation), in subsections (1) and |
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(2), for “OFT” (in each place where it occurs) substitute “CMA”. |
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11 | In section 31A (commitments), in subsections (1) to (4), for “OFT” (in each |
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place where it occurs) substitute “CMA”. |
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12 | In section 31B (effect of commitments under section 31A), in subsections (1) |
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to (5), for “OFT” (in each place where it occurs) substitute “CMA”. |
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13 | In section 31C (review of commitments), in subsections (1) and (2), for “OFT” |
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(in each place where it occurs) substitute “CMA”. |
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14 | In section 31D (guidance), in subsections (1) to (3), (5), (6) and (8), for “OFT” |
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(in each place where it occurs) substitute “CMA”. |
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15 | In section 31E (enforcement of commitments), in subsection (1), for “OFT” |
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(in each place where it occurs) substitute “CMA”. |
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16 | In section 32 (directions in relation to agreements), in subsection (1), for |
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17 | In section 33 (directions in relation to conduct), in subsection (1), for “OFT” |
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18 | In section 34 (enforcement of directions), in subsection (1), for “OFT” |
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19 | In section 35 (interim measures), in subsections (1) to (4), (8) and (9), for |
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“OFT” (in each place where it occurs) substitute “CMA”. |
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20 | In section 36 (penalties), in subsections (1) to (5), (8) and (9), for “OFT” (in |
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each place where it occurs) substitute “CMA”. |
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21 | In section 37 (recovery of penalties), in subsection (1), for “OFT” (in each |
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place where it occurs) substitute “CMA”. |
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22 | In section 38 (the appropriate level of a penalty), in subsections (1) to (3), (5), |
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(6), (8) and (9), for “OFT” (in each place where it occurs) substitute “CMA”. |
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23 | In section 39 (limited immunity in relation to the Chapter 1 prohibition), in |
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subsections (3) to (5) and (8), for “OFT” (in each place where it occurs) |
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24 | In section 40 (limited immunity in relation to the Chapter 2 prohibition), in |
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subsections (3) to (5) and (8), for “OFT” (in each place where it occurs) |
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25 | In section 44 (false or misleading information), in subsections (1) and (2), for |
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“OFT” (in each place where it occurs) substitute “CMA”. |
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26 | In section 46 (appealable decisions), in subsections (1) to (3), for “OFT” (in |
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each place where it occurs) substitute “CMA”. |
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27 | In section 47 (third party appeals), in subsection (1), for “OFT” (in each place |
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where it occurs) substitute “CMA”. |
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28 | In section 47A (monetary claims before Tribunal), in subsections (6) and (7), |
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for “OFT” (in each place where it occurs) substitute “CMA”. |
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29 | In section 50 (vertical agreements and land agreements), in subsection (3), |
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for “OFT” substitute “CMA”. |
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30 | In the cross-heading preceding section 51, for “OFT’s” substitute “CMA’s”. |
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31 (1) | Section 51 (rules) is amended as follows. |
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(2) | In subsection (1), for “OFT” substitute “CMA”. |
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(3) | In subsection (2), for “OFT’s” substitute “CMA’s”. |
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(4) | In subsections (3) and (5) to (10), for “OFT” (in each place where it occurs) |
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32 | In section 52 (advice and information), in subsections (1A) to (6) and (8), for |
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“OFT” (in each place where it occurs) substitute “CMA”. |
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33 | In section 54 (regulators), in subsections (2), (5) and (7), for “OFT” (in each |
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place where it occurs) substitute “CMA”. |
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34 | In section 57 (defamation), for “OFT” substitute “CMA”. |
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35 | In the cross-heading preceding section 58, for “OFT” substitute “CMA”. |
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36 (1) | Section 58 (findings of fact) is amended as follows. |
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(2) | In subsection (1), for “an OFT’s” substitute “a CMA’s”. |
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(a) | for “an OFT’s” substitute “a CMA’s”, and |
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(b) | for “OFT” (in each place where it occurs) substitute “CMA”. |
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(4) | In subsection (3), for “OFT” substitute “CMA”. |
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(5) | In the heading, for “OFT” substitute “CMA”. |
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37 | In section 58A (findings of infringements), in subsections (3) and (4), for |
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“OFT” (in each place where it occurs) substitute “CMA”. |
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38 (1) | Section 59 (interpretation of Part 1) is amended as follows. |
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(a) | after the definition of “the Chapter II prohibition” insert— |
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““the CMA” means the Competition and Markets |
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(b) | omit the definition of “the OFT”. |
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(3) | In subsection (4), for “OFT” substitute “CMA”. |
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39 | In section 60 (principles to be applied in determining questions), in |
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subsection (4), for “OFT” (in each place where it occurs) substitute “CMA”. |
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40 | In section 61 (interpretation of Part 2), in subsection (1)— |
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(a) | after the definition of “books and records” insert— |
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““the CMA” means the Competition and Markets |
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(b) | omit the definition of “the OFT”. |
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41 | In section 62 (power to enter business premises under a warrant: Article 20 |
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inspections), in subsections (5) and (10), for “OFT” (in each place where it |
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occurs) substitute “CMA”. |
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42 | In section 62A (power to enter non-business premises under a warrant: |
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Article 21 inspections), in subsections (3) to (5), and (12), for “OFT” (in each |
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place where it occurs) substitute “CMA”. |
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43 | In section 62B (powers when conducting Article 22(2) inspection), in |
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subsections (1) and (2), for “OFT” (in each place where it occurs) substitute |
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44 | In section 63 (power to enter business premises under a warrant: Article |
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22(2) inspections), in subsections (1)(a), (2) to (5) and (10), for “OFT” (in each |
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place where it occurs) substitute “CMA”. |
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45 (1) | Section 65C (interpretation of Part 2A) is amended as follows. |
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(2) | In subsection (1), in the definition of “Article 22(1) investigation”, for “OFT” |
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(a) | after the entry for “Article 82” insert— |
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(b) | omit the entry for “the OFT”. |
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(4) | In subsection (4), for “OFT” substitute “CMA”. |
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46 | In section 65D (power to conduct an Article 22(1) investigation), in |
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subsection (1), for “OFT” substitute “CMA”. |
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47 | In section 65E (powers when conducting Article 22(1) investigations), in |
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subsections (1) and (5), for “OFT” (in each place where it occurs) substitute |
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48 | In section 65F (power to enter business premises without a warrant), in |
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subsections (1) and (3), for “OFT” (in each place where it occurs) substitute |
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49 | In section 65G (power to enter business premises under a warrant), in |
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subsections (1)(b)(i) and (2), for “OFT” (in each place where it occurs) |
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50 | In section 65H (power to enter domestic premises under a warrant), in |
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subsections (1)(b)(i) and (2), for “OFT” (in each place where it occurs) |
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51 | In section 65N (false or misleading information), in subsections (1) and (2), |
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for “OFT” (in each place where it occurs) substitute “CMA”. |
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52 | In section 75A (rules in relation to Parts 2 and 2A), in subsections (1) to (8), |
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for “OFT” (in each place where it occurs) substitute “CMA”. |
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53 (1) | Schedule 1 (exclusions: mergers and concentrations) is amended as follows. |
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(2) | In paragraph 4, in sub-paragraphs (1) to (5), for “OFT” (in each place where |
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it occurs) substitute “CMA”. |
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(3) | In paragraph 5, for “OFT” (in each place where it occurs) substitute “CMA”. |
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54 (1) | Schedule 3 (general exclusions) is amended as follows. |
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(2) | In paragraph 9, in sub-paragraphs (3) to (7), for “OFT” (in each place where |
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it occurs) substitute “CMA”. |
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55 (1) | Schedule 6A (commitments) is amended as follows. |
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(2) | In paragraph 1, for “OFT” substitute “CMA”. |
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(a) | in sub-paragraph (1), for “OFT” substitute “CMA”, |
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(b) | in sub-paragraph (2)— |
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(i) | for “OFT” (in each place where it occurs) substitute “CMA”, |
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(ii) | for “OFT’s” substitute “CMA’s”. |
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(4) | In paragraph 3, in sub-paragraph (1), for “OFT” substitute “CMA”. |
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(5) | In paragraph 4, for “OFT” (in each place where it occurs) substitute “CMA”. |
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(6) | In paragraph 5, for “OFT” substitute “CMA”. |
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(7) | In paragraph 6, for “OFT” substitute “CMA”. |
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(8) | In paragraph 7, for “OFT” (in each place where it occurs) substitute “CMA”. |
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(9) | In paragraph 8, for “OFT” (in each place where it occurs) substitute “CMA”. |
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(10) | In paragraph 10, for “OFT” substitute “CMA”. |
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(11) | In paragraph 11, in sub-paragraph (1), for “OFT” substitute “CMA”. |
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(12) | In paragraph 12, for “OFT” substitute “CMA”. |
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(13) | In paragraph 13, for “OFT” substitute “CMA”. |
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(14) | In paragraph 14, for “OFT” (in each place where it occurs) substitute “CMA”. |
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56 (1) | Schedule 8 (appeals) is amended as follows. |
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(2) | In paragraph 2, in sub-paragraph (2), for “OFT’s” substitute “CMA’s”. |
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(3) | In paragraph 3, in sub-paragraphs (2) and (3), for “OFT” (in each place where |
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it occurs) substitute “CMA”. |
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(4) | In paragraph 3A, in sub-paragraph (3), for “OFT” substitute “CMA”. |
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57 (1) | Schedule 9 (rules under section 51) is amended as follows. |
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(2) | In the heading, for “OFT’s” substitute “CMA’s”. |
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(3) | In paragraph 1, for “OFT” substitute “CMA”. |
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(4) | In paragraph 5, in sub-paragraphs (1) and (2), for “OFT” (in each place where |
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it occurs) substitute “CMA”. |
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(5) | In paragraph 8, for “OFT” (in each place where it occurs) substitute “CMA”. |
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(6) | In paragraph 9, for “OFT” (in each place where it occurs) substitute “CMA”. |
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(7) | In paragraph 11, for “OFT” substitute “CMA”. |
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(8) | In paragraph 12, in sub-paragraph (1)— |
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(a) | for “OFT” substitute “CMA”, and |
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(b) | for “OFT’s” substitute “CMA’s”. |
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(a) | for “OFT” substitute “CMA”, and |
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(b) | for “OFT’s” substitute “CMA’s”. |
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(10) | In paragraph 14, for “OFT” substitute “CMA”. |
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Transfer of functions under the 2002 Act to the CMA |
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58 | The Enterprise Act 2002 is amended as follows. |
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59 (1) | Section 5 (acquisition of information etc) is amended as follows. |
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(2) | In subsections (1), (2) and (3), for “OFT” (in each place where it occurs) |
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(3) | In the italic cross-heading preceding the section for “OFT” substitute “the |
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60 | In section 6 (provision of information etc to the public), in subsections (1) |
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and (2), for “OFT” (in each place where it occurs) substitute “CMA”. |
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61 (1) | Section 7 (provision of information and advice to Ministers etc) is amended |
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(2) | In subsection (1), for “OFT” substitute “CMA”. |
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(3) | In subsection (2), for “OFT” (in each place where it occurs) substitute |
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62 | Omit section 8 (promoting good consumer practice). |
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63 (1) | Section 11 (super-complaints) is amended as follows. |
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(2) | In subsections (1) and (2), for “OFT” (in each place where it occurs) substitute |
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(3) | In subsection (3), for “OFT’s” substitute “CMA’s”. |
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(4) | In subsection (7), for “OFT” substitute “CMA”. |
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64 | For the title to Part 1 substitute “General functions of the CMA”. |
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65 | In Schedule 4 (Competition Appeal Tribunal: procedure), in Part 2 (Tribunal |
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rules), in paragraph 22(2), for “OFT” substitute “CMA”. |
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66 (1) | Section 22 (duty to make references in relation to completed mergers) is |
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(2) | In subsection (1), for the words before paragraph (a) substitute “The CMA |
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shall, subject to subsections (2) and (3), make a reference to its chair for the |
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constitution of a group under Schedule 4 to the Enterprise and Regulatory |
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Reform Act 2012 if the CMA believes that it is or may be the case that—”. |
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(a) | in the words before paragraph (a), for “OFT” substitute “CMA”, and |
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(b) | in paragraph (a), omit “to the Commission”. |
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(4) | In subsections (3) and (3A), for “OFT” (in each place where it occurs) |
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(a) | in paragraph (a), for “the OFT or (as the case may be) the |
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Commission” substitute “the CMA”, and |
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(b) | in paragraph (b), for “the OFT, the Commission” substitute “the |
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67 | In section 23 (relevant merger situations), in subsection (9), in paragraph (a), |
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for “Commission” substitute “CMA”. |
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68 | In section 24 (time-limits and prior notice), in subsection (2), for “OFT” (in |
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each place where it occurs) substitute “CMA”. |
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69 | In section 25 (extension of time-limits), in subsections (1) to (6) and (8), for |
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“OFT” (in each place where it occurs) substitute “CMA”. |
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70 | In section 28 (turnover test), in subsection (5), for “OFT” substitute “CMA”. |
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71 (1) | Section 33 (duty to make references in relation to anticipated mergers) is |
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(2) | In subsection (1), for the words before paragraph (a) substitute “The CMA |
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shall, subject to subsections (2) and (3), make a reference to its chair for the |
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constitution of a group under Schedule 4 to the Enterprise and Regulatory |
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Reform Act 2012 if the CMA believes that it is or may be the case that—”. |
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(a) | in the words before paragraph (a), for “OFT” substitute “CMA”, |
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(b) | in paragraph (a), omit “to the Commission”, and |
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(c) | in paragraph (b), omit “to the Commission”. |
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(4) | In subsections (3) and (3A), for “OFT” (in each place where it occurs) |
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72 (1) | Section 34A (duty where case referred by the European Commission) is |
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(2) | In subsection (1), for “OFT” substitute “CMA”. |
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(a) | in the words before paragraph (a), for “OFT” substitute “CMA”, and |
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(b) | in paragraph (a), omit “to the Commission”. |
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(4) | In subsection (3), for “OFT” (in each place where it occurs) substitute |
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(5) | In the heading, for “OFT” substitute “CMA”. |
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73 | Before section 35 (but after the italic cross-heading immediately preceding |
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“34C | Functions to be exercised by CMA groups |
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(1) | Where a reference is made to the chair of the CMA under section 22 |
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or 33 for the constitution of a group under Schedule 4 to the |
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Enterprise and Regulatory Reform Act 2012, the functions of the |
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CMA under or by virtue of the following provisions of this Part in |
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relation to the matter concerned are to be carried out on behalf of the |
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CMA by the group so constituted— |
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(a) | sections 35 to 41B, except for sections 35(6) and (7), 36(5) and |
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