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Enterprise and Regulatory Reform Bill (HC Bill 7)

Enterprise and Regulatory Reform BillPage 130

(b) for “OFT”” substitute “CMA””.

(4) In paragraphs 6, 7, 9, 10 and 12 to 14, for “OFT” (in each place where it
occurs) substitute “CMA”.

(5) In paragraph 14A, in sub-paragraphs (2) to (6), for “OFT” (in each place
5where it occurs) substitute “CMA”.

(6) In paragraphs 15 and 16, for “OFT” (in each place where it occurs) substitute
“CMA”.

Communications Act 2003 (c. 21)Communications Act 2003 (c. 21)

97 The Communications Act 2003 is amended as follows.

98 (1) 10Section 193 (reference of price control matters) is amended as follows.

(2) In subsection (1), for “Competition Commission” substitute “CMA”.

(3) In subsection (2)—

(a) for “Competition Commission” substitute “CMA”,

(b) for “the Commission is to determine that matter” substitute “the
15determination of the matter is 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,
and is to be performed”,

(c) in paragraph (b), for “them” substitute “the CMA”, and

(d) 20in paragraph (c), for “Commission” substitute “CMA”.

(4) In subsection (3)—

(a) for “Competition Commission” substitute “CMA”, and

(b) for “that Commission” substitute “the CMA”.

(5) In subsection (4), for “Competition Commission” substitute “CMA”.

(6) 25In subsection (6)—

(a) for “Competition Commission” substitute “CMA”, and

(b) for “that Commission” substitute “the CMA”.

(7) In subsections (7) and (8), for “Competition Commission” (in each place
where it occurs) substitute “CMA”.

(8) 30In the heading, for “Competition Commission” substitute “CMA”.

99 Section 194 (composition of Competition Commission for price control
references) is omitted.

100 In section 197 (interpretation of Chapter 3), before the definition of “network
access” insert—

  • 35““the CMA” means the Competition and Markets Authority;”.

Energy Act 2004 (c. 20)2004 (c. 20)

101 The Energy Act 2004 is amended as follows.

102 (1) Section 173 (appeals) is amended as follows.

(2) In subsection (1)—

Enterprise and Regulatory Reform BillPage 131

(a) omit “shall lie to the Competition Commission”, and

(b) after “applies” insert “shall lie to the Competition and Markets
Authority (in this Chapter referred to as “the CMA”)”.

(3) In subsections (4) and (5), for “Competition Commission” (in each place
5where it occurs) substitute “CMA”.

(4) In the heading, for “Competition Commission” substitute “CMA”.

103 (1) Section 174 (procedure on appeals) is amended as follows.

(2) Omit subsection (1).

(3) In subsection (2), omit “Instead,”.

(4) 10After subsection (2) insert—

(2A) Except where specified otherwise in Schedule 22, the functions of the
CMA with respect to appeals under section 173 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
15Reform Act 2012.

104 (1) Section 175 (determination of appeals) is amended as follows.

(2) In subsections (2) to (6), for “Competition Commission” (in each place where
it occurs) substitute “CMA”.

(3) In subsection (9)—

(a) 20for “Competition Commission” substitute “CMA”, and

(b) for “the Commission” (in each place where it occurs) substitute “the
CMA”.

(4) In subsection (10), for “Competition Commission” substitute “CMA”.

105 Section 176 is omitted.

106 25Section 177 is omitted.

107 (1) Schedule 22 (procedure for appeals under section 173) is amended as
follows.

(2) In paragraph 1—

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

(b) 30in sub-paragraph (8), for “Commission’s” substitute “CMA’s”,

(c) in sub-paragraph (9)—

(i) for “Commission’s” substitute “CMA’s”, and

(ii) for “Commission” substitute “CMA”, and

(d) in sub-paragraph (12), for “the Commission must” substitute “an
35authorised member of the CMA must”.

(3) In paragraph 2, in sub-paragraphs (1), (2), (5) and (6), for “Commission” (in
each place where it occurs) substitute “CMA”.

(4) In paragraph 3, in sub-paragraphs (1) and (5), for “Commission” (in each
place where it occurs) substitute “CMA”.

(5) 40In paragraph 4, in sub-paragraph (1), for “Commission” substitute “CMA”.

(6) In paragraph 5—

Enterprise and Regulatory Reform BillPage 132

(a) omit sub-paragraph (1),

(b) in sub-paragraph (2)—

(i) after “group”, insert “constituted by the chair of the CMA
under Schedule 4 to the Enterprise and Regulatory Reform
5Act 2012 for the purpose of carrying out functions of the
CMA with respect to an appeal under section 173”, and

(ii) for “Commission” substitute “CMA panel”,

(c) omit sub-paragraphs (3) to (7), and

(d) in sub-paragraph (8), for “a group” substitute “the group”.

(7) 10In paragraph 6—

(a) in sub-paragraph (1), for the words from the beginning to “that
appeal” substitute “The CMA must determine an appeal”,

(b) in sub-paragraph (2)—

(i) for “group with the function of determining an appeal”
15substitute “CMA”, and

(ii) after “requirements” insert “in respect of an appeal”, and

(c) in sub-paragraph (3), for “Commission” substitute “CMA”.

(8) In paragraph 7—

(a) for “The group with the function of determining an appeal”
20substitute “The CMA”, and

(b) for “determination of the appeal” substitute “determination of an
appeal”.

(9) In paragraph 8—

(a) in sub-paragraph (1), for “Commission” (in each place where it
25occurs) substitute “CMA”,

(b) in sub-paragraph (4)—

(i) for “The Commission may take copies” substitute “An
authorised member of the CMA may, for the purpose of the
exercise of the functions of the CMA, make arrangements for
30copies to be taken”, and

(ii) omit “to it”, and

(c) in sub-paragraph (5), for the words from “Commission’s” to the end,
substitute “CMA’s behalf by an authorised member of the CMA”.

(10) In paragraph 9—

(a) 35in sub-paragraph (2), for “Commission” substitute “CMA”,

(b) in sub-paragraph (5)(a), for “the Commission is not required”
substitute “there is no requirement”,

(c) in sub-paragraph (7), for “the Commission must pay him” substitute
“an authorised member of the CMA must arrange for that person to
40be paid”, and

(d) in sub-paragraph (8), for the words from “Commission’s” to the end,
substitute “CMA’s behalf by an authorised member of the CMA”.

(11) In paragraph 10—

(a) in sub-paragraph (1), for “Commission” substitute “CMA”, and

(b) 45in sub-paragraph (4), for the words from “Commission’s” to the end,
substitute “CMA’s behalf by an authorised member of the CMA”

Enterprise and Regulatory Reform BillPage 133

(12) In paragraph 11, in sub-paragraph (1), for “a member of the Commission”
substitute “an authorised member of the CMA”.

(13) In paragraph 12, in sub-paragraphs (1), (3) and (4), for “Commission” (in
each place where it occurs) substitute “CMA Board”.

(14) 5In paragraph 13, in sub-paragraph (1), for “Commission” (in each place
where it occurs) substitute “CMA”.

(15) In paragraph 15, in sub-paragraph (1)—

(a) for the definition of “authorised member of the Commission”
substitute—

  • 10“authorised member of the CMA”—

    (a)

    in relation to a power exercisable in
    connection with an appeal in respect of which
    a group has been constituted by the chair of
    the CMA under Schedule 4 to the Enterprise
    15and Regulatory Reform Act 2012, means a
    member of that group who has been
    authorised by the chair of the CMA to exercise
    that power;

    (b)

    in relation to a power exercisable in
    20connection with an application for permission
    to bring an appeal, or otherwise in connection
    with an appeal in respect of which a group has
    not been so constituted by the chair of the
    CMA, means—

    (i)

    25any 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
    (whether generally or specifically) to
    30exercise the power in question.,

(b) omit the definition of “the Chairman”,

(c) for the definition of “the Commission” substitute—

  • “the CMA” means the Competition and Markets
    Authority;”

  • 35“CMA Board” and “CMA panel” have the same
    meaning as in Schedule 4 to the Enterprise and
    Regulatory Reform Act 2012;, and

(d) omit the definition of “a group”.

Legal Services Act 2007 (c. 29)2007 (c. 29)

108 40The Legal Services Act 2007 is amended as follows.

109 (1) Section 57 (reports) is amended as follows.

(2) In subsection (1), for “OFT” (in each place where it occurs) substitute
“CMA”.

(3) In subsection (2), for “OFT’s” substitute “CMA’s”.

(4) 45In subsections (3) to (6), for “OFT” (in each place where it occurs) substitute
“CMA”.

Enterprise and Regulatory Reform BillPage 134

(5) In the heading, for “OFT” substitute “CMA”.

110 (1) Section 58 (Board’s response to report) is amended as follows.

(2) In subsection (1), for “OFT” substitute “CMA”.

(3) In subsections (2) and (3), for “OFT’s” (in each place where it occurs)
5substitute “CMA’s”.

(4) In subsection (4), for “OFT” substitute “CMA”.

(5) In the heading, for “OFT” substitute “CMA”.

111 (1) Section 59 (referral of report by Lord Chancellor) is amended as follows.

(2) In subsections (1) to (3), for “OFT” (in each place where it occurs) substitute
10“CMA”.

(3) In subsection (4), for the words from “must” to “its advice” substitute “must
make a reference to the chair of the CMA for the constitution of a group
under Schedule 4 to the Enterprise and Regulatory Reform Act 2012, for the
purpose of advising the Lord Chancellor”.

(4) 15After subsection (4), insert—

(5) Where a reference is made to the chair of the CMA under this section
for the constitution of a group, the functions of the CMA under
section 60, in relation to the matter concerned, are to be carried out
on behalf of the CMA by the group so constituted (including
20functions under sections 109 to 115 of the Enterprise Act 2002, as
applied by section 60(9)).

(5) In the heading, omit “to the Competition Commission”.

112 (1) Section 60 (duties of the Competition Commission) is amended as follows.

(2) In subsection (1), for the words from “seeks” to “the Commission” substitute
25“makes a reference under section 59, the CMA”.

(3) In subsection (2), for “The Commission must then make its own report”
substitute “The CMA must then make a report”.

(4) In subsection (3), for “Commission” substitute “CMA”.

(5) In subsection (4)—

(a) 30for “Commission” substitute “CMA”, and

(b) for the words from “it receives” to the end substitute “the reference
in question is made to the chair of the CMA under section 59”.

(6) In subsection (5), for “Commission’s” substitute “CMA’s”.

(7) In subsection (6)—

(a) 35for “Commission’s” substitute “CMA’s, and

(b) for “Commission” (in each place where it occurs) substitute “CMA”.

(8) In subsection (7), for “Commission” substitute “CMA”.

(9) In subsection (8)—

(a) for “Commission’s” substitute “CMA’s, and

(b) 40for “Commission” substitute “CMA”.

Enterprise and Regulatory Reform BillPage 135

(10) In subsection (9)—

(a) in the words before paragraph (a), for “to the Commission”
substitute “to the CMA”, and

(b) in paragraph (b), for “Commission” substitute “CMA”.

(11) 5In subsection (10)—

(a) for “Commission” substitute “CMA”, and

(b) for “OFT’s report” substitute “report made by the CMA under
section 57”.

(12) In the heading, for “Competition Commission” substitute “CMA”.

113 (1) 10Section 61 (Lord Chancellor’s power to give directions) is amended as
follows.

(2) In subsection (1), for “OFT” substitute “CMA”.

(3) In subsection (2), for “Competition Commission” substitute “CMA”.

114 In section 66 (Board’s power to recommend orders), in subsection (3)(b), for
15OFT” substitute “CMA”.

115 In section 67 (effect of Board’s designation as approved regulator), in
subsection (3), for “OFT” substitute “CMA”.

116 In section 207 (interpretation), in subsection (1)—

(a) after the definition of “barrister” insert—

  • 20the CMA” means the Competition and Markets
    Authority;, and

(b) omit the definition of “the OFT”.

117 (1) Schedule 4 (approved regulators) is amended as follows.

(2) In paragraph 5, in sub-paragraph (2)(a), for “OFT” substitute “CMA”.

(3) 25In the italic cross-heading preceding paragraph 6, for “Office of Fair
Trading” substitute “Competition and Markets Authority”.

(4) In paragraph 6, in sub-paragraphs (1) and (2), for “OFT” (in each place where
it occurs) substitute “CMA”.

(5) In paragraph 15, in sub-paragraph (5)(a), for “OFT” substitute “CMA”.

118 (1) 30Schedule 6 (alteration of reserved legal activities) is amended as follows.

(2) In paragraph 3, in sub-paragraph (1)(b), for “OFT” substitute “CMA”.

(3) In paragraph 5, in sub-paragraphs (1) to (4), for “OFT” (in each place where
it occurs) substitute “CMA”.

(4) In paragraph 8, in sub-paragraph (3), for “OFT” in each place substitute
35“CMA”.

(5) In paragraph 9, in sub-paragraph (2)(b), for “OFT” substitute “CMA”.

(6) In paragraph 11, in sub-paragraph (4)(a), for “OFT” substitute “CMA”.

(7) In paragraph 17, in sub-paragraph (4)(a), for “OFT” substitute “CMA”.

119 (1) Schedule 7 (directions: procedure) is amended as follows.

Enterprise and Regulatory Reform BillPage 136

(2) In paragraph 3, in sub-paragraph (2)(b), for “OFT” substitute “CMA”.

(3) In the italic cross-heading preceding paragraph 5, for “Office of Fair
Trading” substitute “Competition and Markets Authority”.

(4) In paragraph 5, in sub-paragraphs (1) and (2), for “OFT” (in each place where
5it occurs) substitute “CMA”.

120 (1) Schedule 8 (intervention directions: procedure) is amended as follows.

(2) In paragraph 3, in sub-paragraph (2)(b), for “OFT” substitute “CMA”.

(3) In the italic cross-heading preceding paragraph 5, for “Office of Fair
Trading” substitute “Competition and Markets Authority”.

(4) 10In paragraph 5, in sub-paragraphs (1) and (2), for “OFT” (in each place where
it occurs) substitute “CMA”.

(5) In paragraph 14, in sub-paragraph (3)(b), for “OFT” substitute “CMA”.

(6) In the italic cross-heading preceding paragraph 16, for “Office of Fair
Trading” substitute “Competition and Markets Authority”.

(7) 15In paragraph 16, in sub-paragraphs (1) and (2), for “OFT” (in each place
where it occurs) substitute “CMA”.

121 (1) Schedule 9 (cancellation of designation as approved regulator) is amended
as follows.

(2) In paragraph 3, in sub-paragraph (2)(a), for “OFT” substitute “CMA”.

(3) 20In the italic cross-heading preceding paragraph 4, for “Office of Fair
Trading” substitute “Competition and Markets Authority”.

(4) In paragraph 4, in sub-paragraphs (1) and (2), for “OFT” (in each place where
it occurs) substitute “CMA”.

122 (1) Schedule 10 (designation of approved regulators as licensing authorities) is
25amended as follows.

(2) In paragraph 3, in sub-paragraph (2)(a), for “OFT” substitute “CMA”.

(3) In the italic cross-heading preceding paragraph 4, for “Office of Fair
Trading” substitute “Competition and Markets Authority”.

(4) In paragraph 4, in sub-paragraphs (1) and (2), for “OFT” (in each place where
30it occurs) substitute “CMA”.

(5) In paragraph 13, in sub-paragraph (5)(a), for “OFT” substitute “CMA”.

(6) In paragraph 19, in sub-paragraph (2)(a), for “OFT” substitute “CMA”.

(7) In the italic cross-heading preceding paragraph 20, for “Office of Fair
Trading” substitute “Competition and Markets Authority”.

(8) 35In paragraph 20, in sub-paragraphs (1) and (2), for “OFT” (in each place
where it occurs) substitute “CMA”.

123 In Schedule 24 (index of defined expressions)—

Enterprise and Regulatory Reform BillPage 137

(a) at the appropriate place insert—

CMA section 207”,
and

(b) omit the reference to the OFT.

5Postal Services Act 2011 (c. 5)2011 (c. 5)

124 The Postal Services Act 2011 is amended as follows.

125 (1) Section 59 (price control decisions) is amended as follows.

(2) In subsection (3), for “Competition Commission (“the Commission”)”
substitute “Competition and Markets Authority (“the CMA”)”.

(3) 10In subsections (5) to (12), for “Commission” (in each place where it occurs)
substitute “CMA”.

(4) After subsection (12) insert—

(12A) The CMA’s functions with respect to an appeal under this section are
to be carried out on its behalf by a group constituted for the purpose
15by the chair of the CMA under Schedule 4 to the Enterprise and
Regulatory Reform Act 2012.

126 In section 60 (section 59: supplementary), in subsections (1) and (4) to (6), for
“Commission” (in each place where it occurs) substitute “CMA”.

Health and Social Care Act 2012 (c. 7)2012 (c. 7)

127 20The Health and Social Care Act 2012 is amended as follows.

128 (1) Section 101 (licence condition modification references) is amended as
follows.

(2) In subsection (2)—

(a) for “Competition Commission” substitute “CMA”, and

(b) 25for “the Commission” substitute “the CMA”.

(3) In subsection (4)—

(a) for “Competition Commission” substitute “CMA”, and

(b) for “the Commission” substitute “the CMA”.

(4) After subsection (4) insert—

(4A) 30The functions of the CMA with respect to a reference under this
section 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 changes following a report on a
35reference, and functions under sections 109 to 115 of the Enterprise
Act 2002, as applied by paragraph 10 of Schedule 10).

(5) In subsections (5) and (6), for “Competition Commission” (in each place
where it occurs) substitute “CMA”.

(6) In the heading, for “Competition Commission” substitute “CMA”.

Enterprise and Regulatory Reform BillPage 138

129 In section 102 (modification of conditions by order under other enactments),
in subsection (1), for “Office of Fair Trading, Competition Commission”
substitute “CMA”.

130 In section 103 (standard condition as to transparency of certain criteria), in
5subsection (3)—

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

(b) in paragraph (c), for “Office of Fair Trading, Competition
Commission” substitute “CMA”.

131 (1) 10Section 120 (responses to consultation on proposals for national tariff) is
amended as follows.

(2) In subsections (1) and (4), for “Competition Commission” (in each place
where it occurs) substitute “CMA”.

(3) In subsection (5), omit the words from the beginning to “instead,”.

(4) 15After subsection (5), insert—

(5A) Except where specified otherwise in Schedule 12, the functions of the
CMA with respect to a reference under this section (including
functions relating to the making of changes following a
determination on a reference) are to be carried out on behalf of the
20CMA by a group constituted for the purpose by the chair of the CMA
under Schedule 4 to the Enterprise and Regulatory Reform Act
2012.

132 (1) Section 121 (determination on reference under section 120) is amended as
follows.

(2) 25In subsections (1) to (3), for “Competition Commission” (in each place where
it occurs) substitute “CMA”.

(3) In subsections (4) to (6) and (8) to (10), for “Commission” (in each place
where it occurs) substitute “CMA”.

133 In section 122 (changes following determination on reference under section
30120), in subsections (1) and (2), for “Competition Commission” (in each place
where it occurs) substitute “CMA”.

134 (1) Section 123 (power to veto changes proposed under section 122) is amended
as follows.

(2) In subsection (1), for “Competition Commission” substitute “CMA”.

(3) 35In subsection (3), for “Commission” substitute “CMA”.

(4) In subsection (4), for “Competition Commission” substitute “CMA”.

(5) In subsections (5) to (7), for “Commission” (in each place where it occurs)
substitute “CMA”.

135 (1) Section 142 (responses to consultation on proposal to impose a levy) is
40amended as follows.

(2) In subsections (1) and (4), for “Competition Commission” (in each place
where it occurs) substitute “CMA”.

Enterprise and Regulatory Reform BillPage 139

(3) After subsection (4) insert—

(4A) The functions of the CMA with respect to a reference under this
section 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
54 to the Enterprise and Regulatory Reform Act 2012 (including
functions relating to the making of changes following a report on a
reference, and functions under sections 109 to 115 of the Enterprise
Act 2002, as applied by paragraph 10 of Schedule 10).

(4) In subsections (5) and (7), for “Competition Commission” (in each place
10where it occurs) substitute “CMA”.

136 (1) Section 149 (electronic communications) is amended as follows.

(2) In subsection (2)—

(a) for “Competition Commission” substitute “CMA”, and

(b) for “the Commission” substitute “the CMA”.

(3) 15In subsections (3) and (4), for “Competition Commission” (in each place
where it occurs) substitute “CMA”.

137 In section 150 (interpretation etc. of Part 3), in subsection (1), after the
definition of “anti-competitive behaviour” insert—

  • “the CMA” means the Competition and Markets Authority;.

138 (1) 20Schedule 10 (references by Monitor under section 101 or 142) is amended as
follows.

(2) In the heading, for “Competition Commission” substitute “CMA”.

(3) In paragraph 1—

(a) in sub-paragraph (1), for “Competition Commission” substitute
25“CMA”, and

(b) in sub-paragraph (2), for “the Commission” substitute “the CMA”.

(4) In paragraph 2, for “Competition Commission” substitute “CMA”.

(5) In paragraph 4—

(a) in sub-paragraph (1)—

(i) 30for “Competition Commission” substitute “CMA”, and

(ii) for “the Commission” (in each place where it occurs)
substitute “the CMA”, and

(b) in sub-paragraph (2), for “Commission” substitute “CMA”.

(6) In paragraph 5—

(a) 35in sub-paragraph (1), for “Competition Commission” substitute
“CMA”,

(b) in sub-paragraph (3), for “Commission” substitute “CMA”, and

(c) in sub-paragraph (4), for “Competition Commission” substitute
“CMA”.

(7) 40In paragraph 6—

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

(b) in sub-paragraph (2)—

(i) for “Commission” substitute “CMA”, and