Enterprise and Regulatory Reform Bill

Session 2012 - 13
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Enterprise and Regulatory Reform Bill

Enterprise and Regulatory Reform Bill
Schedule 5 — Amendments related to Part 3
Part 2 — Transfer of functions under the 2002 Act to the CMA
92

122   (1)
Section 83 (order-making powers where final undertakings not fulfilled) is
amended as follows.
      (2)
In subsection (1)(b)—
(a)
for “Commission or the OFT” substitute “CMA”, and
(b)
for “Commission decided” substitute “CMA decided”.
5
      (3)
In subsections (2) and (4), for “Commission” (in each place where it occurs)
substitute “CMA”.
      (4)
Omit subsection (6).
123   (1)
Section 84 (final orders) is amended as follows.
      (2)
In subsections (1) and (2), for “Commission” (in each place where it occurs)
10
substitute “CMA”.
      (3)
Omit subsection (4).
124
In section 85 (enforcement regime for public interest and special interest
cases), in subsection (2), for “OFT” substitute “CMA”.
125   (1)
Section 91 (register of undertakings and orders) is amended as follows.
15
      (2)
In subsections (1) and (2), for “OFT” (in each place where it occurs) substitute
“CMA”.
      (3)
In subsection (3)—
(a)
in the words before paragraph (a), for “OFT” substitute “CMA”, and
(b)
in paragraph (d), for “Commission” substitute “CMA”.
20
      (4)
In subsection (4), for “OFT” substitute “CMA”.
      (5)
In subsection (5)—
(a)
for “Commission and the Secretary of State” substitute “Secretary of
State”,
(b)
for “OFT” substitute “CMA”, and
25
(c)
for “by them” (in each place where it occurs) substitute “by the
Secretary of State”.
      (6)
In subsections (6) and (7), for “OFT” (in each place where it occurs) substitute
“CMA”.
126
In the italic cross-heading preceding section 92, for “OFT” substitute “CMA”.
30
127   (1)
Section 92 (duty to monitor undertakings and orders) is amended as follows.
      (2)
In subsections (1) and (2), for “OFT” (in each place where it occurs) substitute
“CMA”.
      (3)
In subsection (3)—
(a)
in the words before paragraph (a)—
35
(i)
for “OFT” substitute “CMA”, and
(ii)
omit “the Commission or (as the case may be)”,
(b)
in paragraph (a)—
(i)
omit “the Commission or (as the case may be)”, and
(ii)
omit “it (or as the case may be)”, and
40

Enterprise and Regulatory Reform Bill
Schedule 5 — Amendments related to Part 3
Part 2 — Transfer of functions under the 2002 Act to the CMA
93

(c)
in paragraphs (b) to (d), omit “the Commission or (as the case may
be)” (in each place where it occurs).
      (4)
In subsections (4) to (6), for “OFT” (in each place where it occurs) substitute
“CMA”.
      (5)
In subsection (7)—
5
(a)
in the words before paragraph (a), for “OFT” substitute “CMA”,
(b)
omit paragraph (a), and
(c)
in paragraph (b), for “the report” substitute “any report prepared by
it under subsection (6)”.
      (6)
In the heading, for “OFT” substitute “CMA”.
10
128   (1)
Section 93 (further role in relation to undertakings and orders) is amended
as follows.
      (2)
In subsection (1), omit paragraph (a) and the word “or” immediately
following it.
      (3)
In subsection (2)—
15
(a)
for the words from the beginning to “authority”)” substitute “The
Secretary of State”,
(b)
for “OFT” substitute “CMA”,
(c)
for “relevant authority” (in each place where it occurs) substitute
“Secretary of State”, and
20
(d)
omit “section 80 or 82 or (as the case may be)”.
      (4)
In subsection (3)—
(a)
for “relevant authority” (in each place where it occurs) substitute
“Secretary of State”,
(b)
for “OFT” substitute “CMA”, and
25
(c)
for “OFT’s” substitute “CMA’s”.
      (5)
In subsection (4)—
(a)
for “OFT” substitute “CMA”,
(b)
for “relevant authority” substitute “Secretary of State”, and
(c)
omit “section 80 or 82 or (as the case may be)”.
30
      (6)
In subsection (6)—
(a)
for “relevant authority” substitute “Secretary of State”, and
(b)
for “OFT” substitute “CMA”.
      (7)
In the heading, for “OFT” substitute “CMA”.
129   (1)
Section 94 (rights to enforce undertakings and orders) is amended as
35
follows.
      (2)
In subsection (6), for “OFT” substitute “CMA”.
      (3)
Omit subsection (7).
130   (1)
Section 95 (rights to enforce statutory restrictions) is amended as follows.
      (2)
In subsection (4), for “OFT or the Commission” substitute “CMA”.
40
      (3)
In subsection (5), for “OFT” substitute “CMA”.

Enterprise and Regulatory Reform Bill
Schedule 5 — Amendments related to Part 3
Part 2 — Transfer of functions under the 2002 Act to the CMA
94

131   (1)
Section 96 (merger notices) is amended as follows.
      (2)
In subsection (1), for “OFT” substitute “CMA”.
      (3)
In subsection (5), for “OFT” substitute “CMA”.
132   (1)
Section 99 (certain functions in relation to merger notices) is amended as
follows.
5
      (2)
In subsection (1), for “OFT” (in each place where it occurs) substitute
“CMA”.
      (3)
In subsection (5), for “OFT” (in each place where it occurs) substitute
“CMA”.
      (4)
In the heading, for “OFT and Secretary of State” substitute “CMA”.
10
133
In section 100 (exceptions to protection given by merger notices), in
subsection (1), for “OFT” (in each place where it occurs) substitute “CMA”.
134   (1)
Section 104 (certain duties of relevant authorities to consult) is amended as
follows.
      (2)
In subsection (6), in the definition of “relevant authority” for “OFT, the
15
Commission” substitute “CMA”.
      (3)
In that subsection, in the definition of “relevant decision”—
(a)
for “OFT” (in each place where it occurs) substitute “CMA”,
(b)
in paragraph (a), after sub-paragraph (ii) insert “; or
(iii)
on the questions mentioned in section 35(1) or
20
(3), 36(1) or (2), 47 or 63;”, and
(c)
omit paragraph (b).
135
In section 104A (public consultation in relation to media mergers), in
subsections (1) to (3), for “Commission” (in each place where it occurs)
substitute “CMA”.
25
136   (1)
Section 105 (general information duties) is amended as follows.
      (2)
In subsection (1), for “OFT” substitute “CMA”.
      (3)
In subsection (3)—
(a)
in the words before paragraph (a)—
(i)
for “OFT” substitute “CMA”, and
30
(ii)
omit “Commission or”,
(b)
in paragraph (a), omit “the Commission or (as the case may be)” (in
each place where it occurs), and
(c)
in paragraph (b)—
(i)
omit “the Commission or (as the case may be)”, and
35
(ii)
for “OFT” substitute “CMA”.
      (4)
In subsection (3A)—
(a)
in the words before paragraph (a), for “Commission or the OFT”
substitute “CMA”, and
(b)
for “Commission or (as the case may be) the OFT” (in each place
40
where it occurs) substitute “CMA”.
      (5)
In subsection (4)—

Enterprise and Regulatory Reform Bill
Schedule 5 — Amendments related to Part 3
Part 2 — Transfer of functions under the 2002 Act to the CMA
95

(a)
for “OFT” (in each place where it occurs) substitute “CMA”,
(b)
for “the Commission or OFCOM” substitute “OFCOM”, and
(c)
omit “the Commission or (as the case may be)” (in each place where
it occurs).
      (6)
In subsection (4A)—
5
(a)
for “Commission or the OFT” substitute “CMA”,
(b)
for “Commission or (as the case may be) the OFT” (in each place
where it occurs) substitute “CMA”.
      (7)
In subsection (5)—
(a)
in the words before paragraph (a), for “OFT, OFCOM and the
10
Commission” substitute “CMA and OFCOM”, and
(b)
in paragraph (b), for “OFT, OFCOM or (as the case may be) the
Commission” substitute “CMA or (as the case may be) OFCOM”.
      (8)
In subsection (6), for “OFT” (in each place where it occurs) substitute
“CMA”.
15
      (9)
In subsection (7)—
(a)
for “Commission” substitute “CMA”, and
(b)
for “(3), (3A), (4) or (4A)” substitute “(3A) or (4A)”.
     (10)
In subsection (7A), omit the words from “and the OFT” to the end of the
subsection.
20
     (11)
In the heading, for “OFT and Commission” substitute “CMA”.
137   (1)
Section 106 (advice and information about references under sections 22 and
33) is amended as follows.
      (2)
In subsection (1)—
(a)
omit “As soon as reasonably practicable after the passing of this
25
Act,”,
(b)
for “the OFT” substitute “The CMA”, and
(c)
for the words from “the making” to the end of the subsection
substitute “—
(a)
the making and consideration by it of references
30
under section 22 or 33, and
(b)
the way in which relevant customer benefits may
affect the taking of enforcement action in relation to
such references.”
      (3)
In subsection (2), for “OFT” substitute “CMA”.
35
      (4)
Omit subsections (3) and (4).
      (5)
In subsection (5), in paragraph (b), for “OFT or (as the case may be) the
Commission” substitute “CMA”.
      (6)
In subsection (6)—
(a)
omit “or (3)”, and
40
(b)
for “OFT or (as the case may be) the Commission” substitute “CMA”.
      (7)
In subsection (7)—
(a)
for “OFT or the Commission” substitute “CMA”, and
(b)
for “OFT or (as the case may be) the Commission” substitute “CMA”.

Enterprise and Regulatory Reform Bill
Schedule 5 — Amendments related to Part 3
Part 2 — Transfer of functions under the 2002 Act to the CMA
96

      (8)
In subsection (8), for “OFT shall consult the Commission and such other
persons” substitute “CMA shall consult such persons”.
      (9)
Omit subsection (9).
138
In section 106A (advice and information in relation to media mergers), in
subsection (5), for “OFT, OFCOM, the Commission” substitute “CMA,
5
OFCOM”.
139
In section 106B (general advisory duties of OFCOM), in subsections (1) and
(3), for “Commission” substitute “CMA”.
140   (1)
Section 107 (further publicity requirements) is amended as follows.
      (2)
In subsection (1)—
10
(a)
for “OFT” substitute “CMA”,
(b)
in paragraph (e), omit “or 76”, and
(c)
omit paragraphs (g) and (h).
      (3)
In subsection (2), for “Commission shall” substitute “CMA shall also”.
      (4)
In subsection (3)—
15
(a)
in paragraph (b), for “OFT” substitute “CMA”, and
(b)
in paragraph (e), for “Commission” substitute “CMA”.
      (5)
In subsection (9)—
(a)
in paragraph (a), for “OFT” substitute “CMA”, and
(b)
in paragraph (b), for “Commission” substitute “CMA”.
20
      (6)
In subsection (10)—
(a)
in paragraph (a), for “OFT” substitute “CMA”, and
(b)
in paragraph (b), for “Commission” substitute “CMA”.
      (7)
In subsection (11), for “Commission’s” substitute “CMA’s”.
141
In section 108 (defamation), for “OFT, OFCOM, the Commission” substitute
25
“CMA, OFCOM”.
142
In section 109 (attendance of witnesses and production of documents etc.),
in subsection (3)(a), for “the Commission” substitute “the CMA”.
143
In section 110 (enforcement of powers under section 109: general), in
subsections (1) to (3), (6), (8) and (9), for “Commission” (in each place where
30
it occurs) substitute “CMA”.
144
In section 111 (penalties), in subsections (1), (5) and (8), for “Commission” (in
each place where it occurs) substitute “CMA”.
145
In section 112 (penalties), in subsections (1) to (3), for “Commission” (in each
place where it occurs) substitute “CMA”.
35
146
In section 113 (payment and interest by instalments), in subsections (3) and
(4), for “Commission” (in each place where it occurs) substitute “CMA”.
147
In section 114 (appeals in relation to penalties), in subsections (4), (5) and (7),
for “Commission” (in each place where it occurs) substitute “CMA”.
148
In section 115 (recovery of penalties), for “Commission” (in each place where
40
it occurs) substitute “CMA”.

Enterprise and Regulatory Reform Bill
Schedule 5 — Amendments related to Part 3
Part 2 — Transfer of functions under the 2002 Act to the CMA
97

149
In section 116 (statement of policy), in subsections (1), (3) and (4), for
“Commission” (in each place where it occurs) substitute “CMA”.
150
In section 117 (false or misleading information), in subsections (1) and (2),
for “OFT, OFCOM, the Commission” (in each place where it occurs)
substitute “CMA, OFCOM”.
5
151   (1)
Section 118 (excisions from reports) is amended as follows.
      (2)
In subsection (1)—
(a)
in paragraph (a), for “OFT” substitute “CMA”, and
(b)
in paragraph (b), for “Commission” substitute “CMA”.
      (3)
In subsection (5), for “Commission” substitute “CMA”.
10
152   (1)
Section 119 (minority reports) is amended as follows.
      (2)
In subsection (1)—
(a)
omit “in pursuance of paragraph 15 of Schedule 7 to the Competition
Act 1998 (c. 41)”, and
(b)
for “Commission” (in each place where it occurs) substitute “CMA”.
15
      (3)
In the heading, for “Commission” substitute “CMA”.
153   (1)
Section 119B (monitoring role in relation to media mergers) is amended as
follows.
      (2)
In subsections (1) and (2), for “OFT” (in each place where it occurs) substitute
“CMA”.
20
      (3)
In the heading, for “OFT” substitute “CMA”.
154
In section 120 (review of decisions under Part 3), in subsection (1)—
(a)
for “OFT” substitute “CMA”, and
(b)
for “the Secretary of State or the Commission” substitute “or the
Secretary of State”.
25
155   (1)
Section 121 (fees) is amended as follows.
      (2)
In subsection (1)—
(a)
for “OFT of” substitute “CMA of”, and
(b)
for “OFT, OFCOM and the Commission” substitute “CMA and
OFCOM”.
30
      (3)
In subsections (3), (4) and (7), for “OFT” (in each place where it occurs)
substitute “CMA”.
      (4)
In subsection (8)—
(a)
for “OFT in” substitute “CMA in”, and
(b)
for “OFT, OFCOM and the Commission” substitute “CMA and
35
OFCOM”.
      (5)
In subsection (9), for “OFT” substitute “CMA”.
156   (1)
Section 122 (primacy of Community law) is amended as follows.
      (2)
In subsection (1)—
(a)
omit “or (3)”, and
40
(b)
for “OFT or (as the case may be) the Commission” substitute “CMA”.

Enterprise and Regulatory Reform Bill
Schedule 5 — Amendments related to Part 3
Part 2 — Transfer of functions under the 2002 Act to the CMA
98

      (3)
In subsection (2), for “OFT” (in each place where it occurs) substitute
“CMA”.
157
Section 123 (power to alter share of supply test), in subsection (4), for “OFT
and the Commission” substitute “CMA”.
158   (1)
Section 130 (index of defined expressions) is amended as follows.
5
      (2)
At the appropriate place in the table insert—

“The CMA
Section 273”.

      (3)
Omit the entries in the table for “The Commission” and “The OFT”.
      (4)
In the first column of the entry for “Reports of the Commission”, for
“Commission” substitute “CMA”.
10
159   (1)
Schedule 7 (enforcement regime for public interest and special interest
cases) is amended as follows.
      (2)
In paragraph 2, in sub-paragraphs (2), (10) and (11), for “OFT” (in each place
where it occurs) substitute “CMA”.
      (3)
In paragraph 3, in sub-paragraph (3), for “OFT” (in each place where it
15
occurs) substitute “CMA”.
      (4)
In paragraph 4, in sub-paragraphs (2) and (3), for “OFT” (in each place where
it occurs) substitute “CMA”.
      (5)
In paragraph 5, in sub-paragraphs (1) and (6), for “OFT” (in each place where
it occurs) substitute “CMA”.
20
      (6)
In paragraph 7, in sub-paragraphs (8) and (9), for “Commission” (in each
place where it occurs) substitute “CMA”.
      (7)
In paragraph 8—
(a)
in sub-paragraphs (7) and (8), for “Commission” (in each place where
it occurs) substitute “CMA”, and
25
(b)
in sub-paragraph (11), for “OFT” substitute “CMA”.
      (8)
In paragraph 10, in sub-paragraphs (1) and (6), for “OFT” (in each place
where it occurs) substitute “CMA”.
      (9)
In paragraph 11, in sub-paragraph (5), for “OFT” substitute “CMA”.
160   (1)
Schedule 8 (provision that may be contained in certain enforcement orders)
30
is amended as follows.
      (2)
In paragraph 8, in sub-paragraph (3), for “Commission” substitute “CMA”.
      (3)
In paragraph 19, for “OFT” (in each place where it occurs) substitute “CMA”.
      (4)
In paragraph 24 —
(a)
omit paragraph (a), and
35
(b)
in paragraph (b), for “Commission” (in each place where it occurs)
substitute “CMA”.