|
| |
|
(b) | where a reference is treated by virtue of section 37(2) as |
| |
having been made under section 22, section 23(9)(a); |
| |
(c) | section 76, as it applies in relation to orders under section 83, |
| |
and sections 77, 78 and 80 to 84; |
| |
(d) | section 87, so far as relating to an enforcement order made on |
| 5 |
behalf of the CMA by the group; |
| |
(e) | sections 92(4), 94 and 94A, so far as relating to an enforcement |
| |
undertaking or enforcement order made on behalf of the |
| |
| |
(f) | section 104, so far as relating to a decision mentioned in |
| 10 |
paragraph (a)(iii) of the definition of relevant decision in |
| |
subsection (6) of that section; |
| |
(g) | section 107, so far as relating to anything done on behalf of |
| |
| |
(h) | section 109, where the permitted purpose in question relates |
| 15 |
to a function that (by virtue of this section) is being or is to be |
| |
carried out on behalf of the CMA by the group; |
| |
(i) | sections 110 to 115, so far as relating to a notice given under |
| |
section 109 on behalf of the CMA by the group; |
| |
(j) | section 120(5)(b), so far as relating to a decision of the group; |
| 20 |
(k) | Schedule 10, so far as relating to an enforcement undertaking |
| |
or enforcement order which the group is considering |
| |
accepting or making, or which the group has accepted or |
| |
made, on behalf of the CMA. |
| |
(2) | The functions of the CMA under section 95(4) in relation to the |
| 25 |
matter concerned may be carried out on behalf of the CMA by the |
| |
| |
(3) | Nothing in subsection (1) prevents the CMA Board from exercising a |
| |
function of the CMA under or by virtue of the following provisions |
| |
of this Part where the group constituted as mentioned in subsection |
| 30 |
| |
(a) | section 76 and Schedule 10, so far as relating to the making of |
| |
an order under section 76 in relation to an order under section |
| |
| |
(b) | section 83 and Schedule 10, so far as relating to the making of |
| 35 |
an order under section 83; |
| |
(c) | sections 76 (as it applies in relation to an order under section |
| |
83), 80 to 84 and Schedule 10, so far as relating to the |
| |
variation, supersession or release of enforcement |
| |
undertakings or the variation or revocation of enforcement |
| 40 |
| |
| |
(e) | sections 92(4) and 94.” |
| |
74 | In section 35 (questions to be decided in relation to completed mergers), in |
| |
subsections (1) and (3) to (7), for “Commission” (in each place where it |
| 45 |
occurs) substitute “CMA”. |
| |
75 | In section 36 (questions to be decided in relation to anticipated mergers), in |
| |
subsections (1) to (6), for “Commission” (in each place where it occurs) |
| |
| |
|
| |
|
| |
|
76 (1) | Section 37 (cancellation and variation of references under section 22 or 33) is |
| |
| |
(2) | In subsections (1) to (4), for “Commission” (in each place where it occurs) |
| |
| |
(3) | In subsection (6), for “OFT” substitute “CMA”. |
| 5 |
(4) | Omit subsections (7) and (8). |
| |
| |
(a) | for “OFT” substitute “CMA”, and |
| |
(b) | for “Commission” substitute “CMA”. |
| |
77 (1) | Section 38 (investigations and reports on references under section 22 or 33) |
| 10 |
| |
(2) | In subsections (1) to (3), for “Commission” (in each place where it occurs) |
| |
| |
| |
78 | In section 39 (time-limits for investigations and reports), in subsections (1), |
| 15 |
(3), (4) and (8), for “Commission” (in each place where it occurs) substitute |
| |
| |
79 | In section 40 (section 39: supplementary), in subsections (10), (11) and (13), |
| |
for “Commission” (in each place where it occurs) substitute “CMA”. |
| |
80 | In section 41 (duty to remedy effects of completed or anticipated mergers), |
| 20 |
in subsections (1) to (5), for “Commission” (in each place where it occurs) |
| |
| |
81 (1) | Section 42 (intervention by Secretary of State in certain public interest cases) |
| |
| |
(2) | In subsection (2), for “OFT” substitute “CMA”. |
| 25 |
| |
(a) | for “OFT” (in each place where it occurs) substitute “CMA”, and |
| |
(b) | for “Commission” substitute “CMA”. |
| |
82 (1) | Section 43 (intervention notices under section 42) is amended as follows. |
| |
| 30 |
(a) | in paragraph (a), for “OFT” substitute “CMA”, and |
| |
(b) | for “Commission” (in each place where it occurs) substitute “CMA”. |
| |
83 (1) | Section 44 (investigation and report) is amended as follows. |
| |
(2) | In subsections (2) and (3), for “OFT” (in each place where it occurs) substitute |
| |
| 35 |
| |
(a) | in the words before paragraph (a), for “OFT” substitute “CMA”, and |
| |
(b) | in paragraph (c), omit “to the Commission”. |
| |
(4) | In subsections (5), (5A) and (7), for “OFT” (in each place where it occurs) |
| |
| 40 |
|
| |
|
| |
|
(5) | In the heading, for “OFT” substitute “CMA”. |
| |
84 (1) | Section 45 (power of Secretary of State to refer matter) is amended as |
| |
| |
(2) | In subsection (1), in paragraph (b), for “OFT” substitute “CMA”. |
| |
(3) | In subsections (2) to (5), for “to the Commission” (in each place where it |
| 5 |
occurs) substitute “to the chair of the CMA for the constitution of a group |
| |
under Schedule 4 to the Enterprise and Regulatory Reform Act 2012”. |
| |
(4) | In the heading, for “Commission” substitute “CMA”. |
| |
85 | In section 46 (references under section 46: supplementary), in subsection (2), |
| |
for “OFT” substitute “CMA”. |
| 10 |
86 (1) | Section 46A (cases referred by European Commission where intervention |
| |
notice is in force) is amended as follows. |
| |
(2) | In subsection (1), for “OFT” substitute “CMA”. |
| |
(3) | In subsection (2), in paragraph (a), omit “to the Commission”. |
| |
87 | Before section 47 (but after the italic cross-heading immediately preceding |
| 15 |
| |
“46D | Functions to be exercised by CMA groups |
| |
Where a reference is made to the chair of the CMA under section 45 |
| |
for the constitution of a group under Schedule 4 to the Enterprise and |
| |
Regulatory Reform Act 2012, the functions of the CMA under or by |
| 20 |
virtue of the following provisions of this Part in relation to the matter |
| |
concerned are to be carried out on behalf of the CMA by the group |
| |
| |
| |
(b) | where a reference is treated by virtue of section 49(1) as |
| 25 |
having been made under section 45(2) or (3), section 23(9)(ab) |
| |
(as it has effect by virtue of section 42(6)); |
| |
(c) | section 56(3) and (6); |
| |
(d) | sections 104, so far as relating to any decision mentioned in |
| |
paragraph (a)(iii) of the definition of relevant decision in |
| 30 |
subsection (6) of that section, and 104A; |
| |
(e) | section 107, so far as relating to anything done on behalf of |
| |
| |
(f) | section 109, where the permitted purpose relates to a function |
| |
that (by virtue of this section) is being or is to be carried out |
| 35 |
on behalf of the CMA by the group; |
| |
(g) | sections 110 to 115, so far as relating to a notice given under |
| |
section 109 on behalf of the CMA by the group; |
| |
| |
(i) | section 120(5)(b), so far as relating to a decision of the group.” |
| 40 |
88 | In section 47 (questions to be decided on references under section 45), in |
| |
subsections (1) to (11), for “Commission” (in each place where it occurs) |
| |
| |
|
| |
|
| |
|
89 | In section 48 (cases where references on certain questions need not be |
| |
decided), in subsections (1) to (3) for “Commission” (in each place where it |
| |
occurs), substitute “CMA”. |
| |
90 | In section 49 (variation of references under section 45), in subsections (1) to |
| |
(4) and (7) to (9), for “Commission” (in each place where it occurs) substitute |
| 5 |
| |
91 | In section 50 (investigations and reports on references under section 45), in |
| |
subsections (1) to (3), for “Commission” (in each place where it occurs) |
| |
| |
92 (1) | Section 51 (time-limits for investigations and reports) is amended as follows. |
| 10 |
(2) | In subsections (1) to (4) and (8), for “Commission” (in each place where it |
| |
occurs) substitute “CMA”. |
| |
(3) | In the heading, for “Commission” substitute “CMA”. |
| |
93 | Section 52 (section 51: supplementary), in subsections (10), (11) and (13), for |
| |
“Commission” (in each place where it occurs) substitute “CMA”. |
| 15 |
94 (1) | Section 53 (restrictions on action where public interest considerations not |
| |
finalised) is amended as follows. |
| |
(2) | In subsection (1), for “Commission” substitute “CMA”. |
| |
(3) | In subsection (2), omit “to the Commission”. |
| |
(4) | In subsections (3) to (5), for “Commission” (in each place where it occurs) |
| 20 |
| |
(5) | In subsections (1) to (5), for “Commission” (in each place where it occurs) |
| |
| |
95 (1) | Section 54 (decision of Secretary of State in public interest cases) is amended |
| |
| 25 |
(2) | In subsection (1), for “Commission” substitute “CMA”. |
| |
(3) | In subsection (3), omit “to the Commission” (in each place where it occurs). |
| |
(4) | In subsections (5) and (6), for “Commission” (in each place where it occurs) |
| |
| |
| 30 |
(a) | omit “to the Commission” (in each place where it occurs), |
| |
(b) | for “of the Commission” (in each place where it occurs) substitute “of |
| |
| |
(c) | in paragraph (b)(ii), for “OFT” substitute “CMA”. |
| |
96 | In section 55 (enforcement action by Secretary of State), in subsection (3), for |
| 35 |
“Commission” substitute “CMA”. |
| |
97 (1) | Section 56 (competition cases where intervention on public interest grounds |
| |
ceases) is amended as follows. |
| |
(2) | In subsections (1) and (2), for “OFT” (in each place where it occurs) substitute |
| |
| 40 |
| |
|
| |
|
| |
|
(a) | for “Commission” (in each place where it occurs) substitute “CMA”, |
| |
(b) | for “the report of the OFT” substitute “its report”, and |
| |
(c) | omit “to it by the OFT”. |
| |
(4) | In subsection (4), for “Commission” (in each place where it occurs) substitute |
| |
| 5 |
| |
(a) | for “Commission” substitute “CMA”, and |
| |
| |
(6) | In subsection (7), for “Commission” (in each place where it occurs) substitute |
| |
| 10 |
| |
(a) | for “Commission” substitute “CMA”, and |
| |
(b) | omit “to the Commission by the OFT”. |
| |
98 (1) | Section 57 (duties of authorities to inform Secretary of State) is amended as |
| |
| 15 |
(2) | In subsection (1), for “OFT” substitute “CMA”. |
| |
| |
(a) | for “OFT, OFCOM and the Commission” substitute “CMA and |
| |
| |
(b) | for “OFT, OFCOM or (as the case may be) the Commission” |
| 20 |
substitute “CMA or (as the case may be) OFCOM”. |
| |
(4) | In the heading, for “OFT and Commission” substitute “CMA and OFCOM”. |
| |
99 | In section 58 (specified considerations), in subsection (4)(b) for “OFT, |
| |
OFCOM, the Commission” substitute “CMA, OFCOM”. |
| |
100 (1) | Section 59 (intervention by Secretary of State in special public interest cases) |
| 25 |
| |
(2) | In subsection (2), for “OFT” substitute “CMA”. |
| |
| |
(a) | for “OFT” (in each place where it occurs) substitute “CMA”, and |
| |
(b) | for “Commission” substitute “CMA”. |
| 30 |
101 (1) | Section 60 (special intervention notices under section 59) is amended as |
| |
| |
| |
(a) | in paragraph (a), for “OFT” substitute “CMA”, and |
| |
(b) | for “Commission” (in each place where it occurs) substitute “CMA”. |
| 35 |
102 (1) | In section 61 (initial investigation and report) is amended as follows. |
| |
(2) | In subsections (2) to (4A) and (6), for “OFT” (in each place where it occurs) |
| |
| |
(3) | In the heading, for “OFT” substitute “CMA”. |
| |
103 (1) | Section 62 (power of Secretary of State to refer matter) is amended as |
| 40 |
| |
|
| |
|
| |
|
(2) | In subsection (1), in paragraph (b), for “OFT” substitute “CMA”. |
| |
(3) | In subsections (2) and (3), for “to the Commission” (in each place where it |
| |
occurs), substitute “to the chair of the CMA for the constitution of a group |
| |
under Schedule 4 to the Enterprise and Regulatory Reform Act 2012”. |
| |
(4) | In subsection (5), for “OFT” substitute “CMA”. |
| 5 |
104 | Before section 63 insert— |
| |
“62A | Functions to be exercised by CMA groups |
| |
Where a reference is made to the chair of the CMA under section 62 |
| |
for the constitution of a group under Schedule 4 to the Enterprise and |
| |
Regulatory Reform Act 2012, the functions of the CMA under or by |
| 10 |
virtue of the following provisions of this Part in relation to the matter |
| |
concerned are to be carried out on behalf of the CMA by the group |
| |
| |
| |
(b) | where a reference is treated by virtue of section 64(2) as |
| 15 |
having been made under section 62(2), section 23(9)(ab) (as it |
| |
has effect by virtue of section 59(6)); |
| |
(c) | sections 104, so far as relating to any decision mentioned in |
| |
paragraph (a)(iii) of the definition of relevant decision in |
| |
subsection (6) of that section, and 104A; |
| 20 |
(d) | section 107, so far as relating to anything done on behalf of |
| |
| |
(e) | section 109, where the permitted purpose relates to a function |
| |
that (by virtue of this section) is being or is to be carried out |
| |
on behalf of the CMA by the group; |
| 25 |
(f) | sections 110 to 115, so far as relating to a notice given under |
| |
section 109 on behalf of the CMA by the group; |
| |
| |
(h) | section 120(5)(b), so far as relating to a decision of the group.” |
| |
105 | In section 63 (questions to be decided on references under section 62), in |
| 30 |
subsections (1) to (4), for “Commission” (in each place where it occurs) |
| |
| |
106 | In section 64 (cancellation and variation of references under section 62), in |
| |
subsections (1) to (4) and (7) to (9), for “Commission” (in each place where it |
| |
occurs) substitute “CMA”. |
| 35 |
107 | In section 65 (investigations and reports on references under section 62), in |
| |
subsections (1) to (2A) and (4), for “Commission” (in each place where it |
| |
occurs) substitute “CMA”. |
| |
108 | In section 66 (decision and enforcement action by Secretary of State), in |
| |
subsections (1) to (4) and (7), for “Commission” (in each place where it |
| 40 |
occurs) substitute “CMA”. |
| |
109 | In section 67 (intervention to protect legitimate interests), in subsections (2) |
| |
and (8), for “OFT” (in each place where it occurs) substitute “CMA”. |
| |
110 | In section 68 (scheme for protecting legitimate interests), in subsection (4)— |
| |
(a) | in paragraph (b), for “OFT” substitute “CMA”, |
| 45 |
|
| |
|
| |
|
(b) | in paragraph (c), for “to the Commission” substitute “to the chair of |
| |
the CMA for the constitution of a group under Schedule 4 to the |
| |
Enterprise and Regulatory Reform Act 2012”, and |
| |
(c) | in paragraph (d), for “the Commission” substitute “the CMA, acting |
| |
through a group so constituted,”. |
| 5 |
111 | In section 72 (initial enforcement orders), in subsections (2), (6) and (7), for |
| |
“OFT” (in each place where it occurs) substitute “CMA”. |
| |
112 | In section 73 (undertakings in lieu of references), in subsections (1) to (4), (5) |
| |
and (7), for “OFT” (in each place where it occurs) substitute “CMA”. |
| |
113 | In section 74 (effect of undertakings under section 73), in subsections (1), (2) |
| 10 |
and (5), for “OFT” (in each place where it occurs) substitute “CMA”. |
| |
114 | In section 75 (order making power where undertakings under section 73 not |
| |
fulfilled), in subsections (1), (2), (4) and (6), for “OFT” (in each place where it |
| |
occurs) substitute “CMA”. |
| |
115 (1) | Section 76 (supplementary interim order-making power) is amended as |
| 15 |
| |
| |
(a) | in paragraph (a), for “OFT” substitute “CMA”, and |
| |
(b) | in paragraph (b), for “Commission” substitute “CMA”. |
| |
(3) | In subsections (2), (3), (4) and (7), for “OFT or (as the case may be) the |
| 20 |
Commission” (in each place where it occurs) substitute “CMA”. |
| |
116 | In section 77 (restrictions on certain dealings: completed mergers), in |
| |
subsections (2), (3), (5) and (6), for “Commission” (in each place where it |
| |
occurs) substitute “CMA”. |
| |
117 | In section 78 (restrictions on certain dealings: anticipated mergers), in |
| 25 |
subsections (2) to (4), for “Commission” (in each place where it occurs) |
| |
| |
118 (1) | Section 79 (sections 77 and 78: further interpretation provisions) is amended |
| |
| |
(2) | In subsection (1), for “Commission” (in each place where it occurs) substitute |
| 30 |
| |
(3) | In subsection (4), for “OFT” substitute “CMA”. |
| |
119 (1) | Section 80 (interim undertakings) is amended as follows. |
| |
(2) | In subsections (2), (5) and (9), for “Commission” (in each place where it |
| |
occurs) substitute “CMA”. |
| 35 |
(3) | In subsection (10), for “Commission’s” substitute “CMA’s”. |
| |
120 (1) | Section 81 (interim orders) is amended as follows. |
| |
(2) | In subsection (2), for “Commission” (in each place where it occurs) substitute |
| |
| |
(3) | In subsection (9), for “Commission” substitute “CMA”. |
| 40 |
121 | In section 82 (final undertakings), in subsections (1), (2) and (5), for |
| |
“Commission” (in each place where it occurs) substitute “CMA”. |
| |
|
| |
|