question arises as to whether paragraph (2A) or (3) applies to any particular
case”.

The Energy (Northern Ireland) Order 2003 (S.I. 2003/419 (N.I. 6)S.I. 2003/419 (N.I. 6))

24 The Energy (Northern Ireland) Order 2003 is amended as follows.

25 (1) 5Article 42 (orders for securing compliance) is amended as follows.

(2) In paragraph (1), for “, (5) and” substitute “and (5) to”.

(3) In paragraphs (2) and (4), for “(5) and” substitute “(5) to”.

(4) In paragraph (5), omit sub-paragraph (b) and the “or” preceding it.

(5) After that paragraph insert—

“(5A) 10Before making a final order or making or confirming a provisional
order in relation to a licence holder, the Authority shall consider
whether it would be more appropriate to proceed under the
Competition Act 1998.

(5B) The Authority shall not make a final order or make or confirm a
15provisional order in relation to a licence holder if it considers that
it would be more appropriate to proceed under the Competition
Act 1998.”

(6) In paragraph (7)—

(a) in the words before sub-paragraph (a), after “(6)” insert “or decides
20that it would be more appropriate to proceed under the Competition
Act 1998”, and

(b) in sub-paragraph (a), after “satisfied” insert “or has so decided”.

26 In article 45 (financial penalties), for paragraph (3) substitute—

“(3) Before imposing a penalty under paragraph (1) or (2) the
25Authority shall consider whether it would be more appropriate to
proceed under the Competition Act 1998.

(3A) The Authority shall not impose a penalty under paragraph (1) or
(2) if it considers that it would be more appropriate to proceed
under the Competition Act 1998.”

30The Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)S.I. 2006/3336 (N.I. 21))

27 The Water and Sewerage Services (Northern Ireland) Order 2006 is amended
as follows.

28 (1) Article 31 (exceptions to duty to enforce) is amended as follows.

(2) In paragraph (1), omit sub-paragraph (d) and the “or” preceding it.

(3) 35After that paragraph insert—

“(1A) Before making an enforcement order or confirming a provisional
enforcement order under Article 30, the Authority shall consider
whether it would be more appropriate to proceed under the
Competition Act 1998.

(1B) The Authority shall not make an enforcement order or confirm a
provisional enforcement order under that Article if it considers
that it would be more appropriate to proceed under the
Competition Act 1998.”

(4) 5In paragraph (3)—

(a) in the words before sub-paragraph (a)—

(i) for “, (c) or (d)” substitute “or (c)”, and

(ii) after “paragraph (1)” insert “or decides that it would be more
appropriate to proceed under the Competition Act 1998”, and

(b) 10in sub-paragraph (a), after “so satisfied” insert “or has so decided”.

29 In article 35 (financial penalties), for paragraph (11) substitute—

“(11) Before imposing a penalty under this Article the Authority shall
consider whether it would be more appropriate to proceed under
the Competition Act 1998.

(12) 15The Authority shall not impose a penalty under this Article if it
considers that it would be more appropriate to proceed under the
Competition Act 1998.”

Section 47

SCHEDULE 15 Minor and consequential amendments: Part 4

20Civil Aviation Act 1982 (c. 16)Civil Aviation Act 1982 (c. 16)

1 In Schedule 1 to the Civil Aviation Act 1982 (constitution etc. of the
Authority), in paragraph 15—

(a) the existing text becomes sub-paragraph (1), and

(b) after that sub-paragraph insert—

“(2) 25The power in sub-paragraph (1) is subject to provision in
rules made under section 51 of the Competition Act 1998
by virtue of paragraph 1A of Schedule 9 to that Act in
respect of the exercise of a function under Part 1 of that
Act.”

30Gas Act 1986 (c. 44)Gas Act 1986 (c. 44)

2 In section 36A of the Gas Act 1986 (functions with respect to competition), in
subsections (3), (3A) and (7)(b), after “38(1) to (6)” (in each place where it
occurs) insert “, 40B(1) to (4)”.

Electricity Act 1989 (c. 29)Electricity Act 1989 (c. 29)

3 35In section 43 of the Electricity Act 1989 (functions with respect to
competition), in subsections (3), (3A) and (6)(b), after “38(1) to (6)” (in each
place where it occurs) insert “, 40B(1) to (4)”.

Water Industry Act 1991 (c. 56)Water Industry Act 1991 (c. 56)

4 The Water Industry Act 1991 is amended as follows.

5 In section 31 (functions with respect to competition), in subsections (3), (4A)
and (8)(b), after “38(1) to (6)” (in each place where it occurs) insert “, 40B(1)
5to (4)”.

6 In Schedule 1A (constitution etc. of the Authority), in paragraph 10, after
sub-paragraph (2) insert—

“(3) Sub-paragraph (1) is subject to provision in rules made under
section 51 of the Competition Act 1998 by virtue of paragraph 1A
10of Schedule 9 to that Act in respect of the exercise of a function
under Part 1 of that Act.”

Railways Act 1993 (c. 43)Railways Act 1993 (c. 43)

7 In section 67 of the Railways Act 1993 (functions with respect to
competition), in subsections (3), (3A) and (8)(b), after “38(1) to (6)” (in each
15place where it occurs) insert “, 40B(1) to (4)”.

Competition Act 1998 (c. 41)Competition Act 1998 (c. 41)

8 The Competition Act 1998 is amended as follows.

9 In section 26 (powers when conducting investigations), in subsection (3)(b),
for “42 to” substitute “43 and”.

10 20In section 38 (guidance on level of penalties), in subsection (9), for “an appeal
tribunal” substitute “the Tribunal”.

11 In section 54 (regulators), in subsection (1)—

(a) omit paragraph (c), and

(b) for paragraph (f) substitute—

“(f) 25the Northern Ireland Authority for Utility
Regulation;”.

12 (1) Schedule 1 (exclusions: mergers and concentrations) is amended as follows.

(2) In paragraph 5—

(a) for “the Competition Commission” (in each place where it occurs)
30substitute “the CMA”, and

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

Utilities Act 2000 (c. 27)Utilities Act 2000 (c. 27)

13 In Schedule 1 to the Utilities Act 2000 (constitution etc. of the Authority), in
35paragraph 9, after sub-paragraph (2) insert—

“(2A) Sub-paragraph (1) is subject to provision in rules made under
section 51 of the Competition Act 1998 by virtue of paragraph 1A
of Schedule 9 to that Act in respect of the exercise of a function
under Part 1 of that Act.”

Transport Act 2000 (c. 38)Transport Act 2000 (c. 38)

14 In section 86 of the Transport Act 2000 (functions with respect to
competition), in subsections (3), (4)(b) and (7)(b), after “38(1) to (6)” (in each
place where it occurs) insert “, 40B(1) to (4)”.

5Enterprise Act 2002 (c. 40)Enterprise Act 2002 (c. 40)

15 The Enterprise Act 2002 is amended as follows.

16 (1) Section 25 (extension of time-limits) is amended as follows.

(2) In subsection (2), for the words from “has failed” to the end of the subsection
substitute “has failed (with or without a reasonable excuse) to comply with
10any requirement of a notice under section 109”.

(3) For subsection (3) substitute—

“(3) An extension under subsection (2) shall come into force when notice
of the extension is given and end—

(a) when the person concerned provides the information or
15documents to the satisfaction of the CMA or (as the case may
be) appears as a witness in accordance with the requirements
of the CMA; or

(b) if earlier, the CMA cancels the extension.”

17 Omit section 31 (information powers in relation to completed mergers).

18 20Omit section 32 (supplementary provision for purposes of sections 25 and
31).

19 (1) Section 34A (duty where case referred by European Commission) is
amended as follows.

(2) For subsection (5) substitute—

“(5) 25The CMA may extend the preliminary assessment period if it
considers that any of the persons carrying on the enterprises
concerned has failed (whether with or without reasonable excuse) to
comply with any requirement of a notice under section 109.”

(3) For subsection (6) substitute—

“(6) 30An extension under subsection (5) shall come into force when
published under section 107.

(6A) An extension under subsection (5) shall continue in force until—

(a) the person concerned provides the information or documents
to the satisfaction of the CMA or (as the case may be) appears
35as a witness in accordance with the requirements of the CMA;
or

(b) the CMA publishes its decision to cancel the extension.”

(4) Omit subsection (7).

20 Omit section 34B (power to request information in referred cases).

21 (1) 40Section 42 (intervention by Secretary of State in certain public interest cases)
is amended as follows.

(2) In subsection (1), in paragraph (d)(i)—

(a) for “section 22(3)(a) or (e)” substitute “section 22(3)(za), (a) or (e)”,
and

(b) for “33(3)(a) or (e)” substitute “33(3)(za), (a) or (e)”.

(3) 5In subsection (5), for “to 32” substitute “to 30”.

(4) In subsection (6), in the words before paragraph (a), for “to 32” substitute “to
30”.

(5) In that subsection, in paragraph (b), for “sections 25(1) to (3), (6) and (8) and
31” substitute “section 25(1) to (3), (6) and (8)”.

(6) 10In that subsection, in paragraph (h)—

(a) omit “, and the power to request information under section 31(1) as
so applied,”, and

(b) after “existing time-limits” insert “by virtue of section 24 (as so
applied)”.

(7) 15In that subsection, in paragraph (i), after “existing time-limits” insert “by
virtue of section 24 (as so applied)”.

(8) In that subsection, omit paragraph (j).

(9) In that subsection, in paragraph (k), for “to 32” substitute “to 30”.

(10) In that subsection, omit paragraph (l) and the word “and” immediately
20preceding it.

22 In section 46 (references under section 45: supplementary), in subsection
(1)(a), omit “or 96(3)”.

23 (1) Section 46B (extension of preliminary assessment period) is amended as
follows.

(2) 25For subsection (1) substitute—

“(1) The CMA may extend the preliminary assessment period for the
purposes of section 46A if it considers that any of the persons
carrying on the enterprises concerned has failed (whether with or
without reasonable excuse) to comply with any requirement of a
30notice under section 109.”

(3) Omit subsection (2).

(4) For subsection (3) substitute—

“(3) An extension under subsection (1) shall come into force when
published under section 107.

(3A) 35An extension under subsection (1) shall continue in force until—

(a) the person concerned provides the information or documents
to the satisfaction of the CMA or (as the case may be) appears
as a witness in accordance with the requirements of the CMA;
or

(b) 40the CMA publishes its decision to cancel the extension.”

(5) Omit subsection (4).

24 Omit section 46C (power to request information in referred cases).

25 (1) Section 49 (variation of references under section 45) is amended as follows.

(2) In subsection (2), omit “1,”.

(3) In subsection (3), omit “1,”.

(4) In subsection (4) —

(a) 5omit “any undertaking accepted under paragraph 1 of Schedule 7,
or”, and

(b) for “that Schedule” substitute “Schedule 7”.

(5) In subsection (5)—

(a) omit “undertaking or” (in each place where it occurs),

(b) 10omit “, accepted or” (in each place where it occurs), and

(c) omit “, superseded, released”.

26 (1) Section 59 (intervention by Secretary of State in special public interest cases)
is amended as follows.

(2) In subsection (5), for “to 32” substitute “to 30”.

(3) 15In subsection (6), in the words before paragraph (a), for “to 32” substitute “to
30”.

(4) In that subsection, in paragraph (c), for “sections 25(1) to (3), (6) and (8) and
31” substitute “section 25(1) to (3), (6) and (8)”.

(5) In that subsection, in paragraph (g), omit “, and the power to request
20information under section 31(1) as so applied,”.

(6) In that subsection, omit paragraph (h).

(7) In that subsection, in paragraph (i), for “to 32” substitute “to 30”.

(8) In that subsection, omit paragraph (j) and the word “and” immediately
preceding it.

27 (1) 25Section 64 (cancellation and variation of references under section 62) is
amended as follows.

(2) In subsection (3), omit “1,”.

(3) In subsection (4)—

(a) omit “any undertaking accepted under paragraph 1 of Schedule 7,
30or”, and

(b) for “that Schedule” substitute “Schedule 7”.

(4) In subsection (5)—

(a) omit “undertaking or” (in each place where it occurs),

(b) omit “, accepted or” (in each place where it occurs), and

(c) 35omit “, superseded, released”.

28 (1) Section 67 (intervention to protect legitimate interests) is amended as
follows.

(2) In subsection (7), for “to 32” substitute “to 30”.

(3) In subsection (8), in the words before paragraph (a), for “to 32” substitute “to
4030”.

(4) In that subsection, in paragraph (d), for “sections 25, 31 and 32” substitute
“section 25”.

29 In section 68 (scheme for protecting legitimate interests), in subsection (4)(a),
for “to 32” substitute “to 30”.

30 5In section 77 (restrictions on certain share dealings: completed mergers), in
subsection (1)(b), omit “71 or”.

31 In section 78 (restrictions on certain share dealings: anticipated mergers), in
subsection (1)(b), for “section 81” substitute “section 72 or 81”.

32 In section 89 (subject matter of undertakings), in subsection (2)—

(a) 10omit “71,”, and

(b) omit “1,”.

33 (1) Section 93 (further role of OFT in relation to undertakings and orders) is
amended as follows.

(2) In subsection (1), in paragraph (b), omit “1,”.

(3) 15In subsection (2), omit “1,”.

(4) In subsection (4), omit “1,”.

34 In section 94 (rights to enforce undertakings and orders), in subsection (8),
omit “1,”.

35 (1) Section 99 (functions in relation to merger notices) is amended as follows.

(2) 20Omit subsections (2) to (4).

(3) In subsection (5), in paragraph (c), for the words from “or any” to “as
required” substitute “or the person who gave the merger notice has failed
(with or without a reasonable excuse) to comply with any requirement of a
notice under section 109 in relation to the case concerned”.

36 (1) 25Section 107 (further publicity requirements) is amended as follows.

(2) In subsection (1), for paragraph (a) substitute—

“(a) any decision made by it that the duty to make a reference
under section 22 or 33 applies and any such reference made
by it;

(aa) 30any decision made by it that the duty to make such a
reference does not apply (other than a decision made by
virtue of subsection (2)(b) of section 33);”.

(3) In that subsection, after paragraph (aa) insert—

“(ab) any notice given by it as mentioned in paragraph (b) of the
35definition of “initial period” in section 34ZA(3);

(ac) any extension by it under section 34ZB of the initial period;

(ad) any decision made by it to cancel an extension as mentioned
in section 34ZB(7)(b);

(ae) any extension by it under section 34A of the preliminary
40assessment period;

(af) any decision made by it to cancel an extension as mentioned
in section 34A(6A)(b);.

(ag) any extension by it under section 46B of the preliminary
assessment period;

(ah) any decision made by it to cancel an extension as mentioned
in section 46B(3A)(b);”.

(4) 5In that subsection, omit paragraph (d).

(5) In that subsection, after paragraph (e) insert—

“(ea) any notice given by it under section 73A(2)(b);

(eb) any extension by it under section 73A of the period for
considering whether to accept an undertaking under section
1073;

(ec) any decision made by it to cancel an extension as mentioned
in section 73A(11)(b);”.

(6) In that subsection, in paragraph (f), for “such an undertaking or order”
substitute “an order mentioned in paragraph (e)”.

(7) 15At the end of that subsection insert “; and

(i) any notice given by it under section 96(2A).”

(8) In subsection (2), after paragraph (e) insert—

“(ea) any extension by it under section 41A of the period within
which its duty under section 41(2) is to be discharged;

(eb) 20any decision made by it to cancel an extension as mentioned
in section 41A(7)(b);”.

37 In section 130 (index of defined expressions), omit the entry for
“Undertakings under paragraph 1 of Schedule 7”.

38 (1) 25Schedule 7 (enforcement regime for public interest and special public
interest cases) is amended as follows.

(2) In paragraph 7, in sub-paragraph (1), for paragraph (b) substitute—

“(b) no orders under paragraph 2 are in force in relation to the
relevant merger situation concerned or (as the case may
30be) the special merger situation concerned.”

(3) In paragraph 8, in sub-paragraph (1), for paragraph (b) substitute—

“(b) no orders under paragraph 2 are in force in relation to the
relevant merger situation concerned or (as the case may
be) the special merger situation concerned.”

39 35In Schedule 15 (enactments conferring functions for the purposes of which
specified information may be disclosed), at the end insert—

• “The Health and Social Care Act 2012.”

Office of Communications Act 2002 (c. 11)Office of Communications Act 2002 (c. 11)

40 In Schedule 1 to the Office of Communications Act 2002 (constitution etc. of
40the OFCOM), in paragraph 18—

(a) the existing text becomes sub-paragraph (1), and

(b) after that sub-paragraph insert—

“(2) Sub-paragraph (1) is subject to provision in rules made
under section 51 of the Competition Act 1998 by virtue of
paragraph 1A of Schedule 9 to that Act in respect of the
5exercise of a function under Part 1 of that Act.”

Railways and Transport Safety Act 2003 (c. 20)Railways and Transport Safety Act 2003 (c. 20)

41 In Schedule 1 to the Rail and Transport Safety Act 2003 (constitution etc. of
the Office of Rail Regulation), in paragraph 7—

(a) the existing text becomes sub-paragraph (1), and

(b) 10after that sub-paragraph insert—

“(2) Sub-paragraph (1) is subject to provision in rules made
under section 51 of the Competition Act 1998 by virtue of
paragraph 1A of Schedule 9 to that Act in respect of the
exercise of a function under Part 1 of that Act.”

15Communications Act 2003 (c. 21)Communications Act 2003 (c. 21)

42 The Communications Act 2003 is amended as follows.

43 (1) Section 192 (appeals against decisions by OFCOM etc) is amended as
follows.

(2) In subsection (1), after paragraph (d) insert—

“(e) 20a decision by the CMA to which effect is given by an order
made under section 193A.”

(3) In subsection (6)(b), after “the Secretary of State” insert “, by the CMA”.

44 In section 193 (reference of price control matters), in subsection (10), after
“this section” insert “and section 193A”.

45 25In section 195 (decisions of the Tribunal), in subsection (9), for “or the
Secretary of State” (in each place it occurs) substitute “, the Secretary of State
or the CMA”.

46 In section 371 (functions under the Competition Act 1998), in subsections (2)
and (3)(a), after “38(1) to (6)” (in each place where it occurs) insert “, 40B(1)
30to (4)”.

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

47 The Health and Social Care 2012 is amended as follows.

48 In section 72 (functions under the Competition Act 1998), in subsections (2)
and (3), after “38(1) to (6)” (in each place where it occurs) insert “, 40B(1) to
35(4)”.

49 In Schedule 8 (constitution etc. of Monitor), in paragraph 11, after sub-
paragraph (2) insert—

“(2A) Sub-paragraph (2) is subject to provision in rules made under
section 51 of the Competition Act 1998 by virtue of paragraph 1A
40of Schedule 9 to that Act in respect of the exercise of a function
under Part 1 of that Act.”

Civil Aviation Act 2012

50 The Civil Aviation Act 2012 is amended as follows.

51 In section 62 (functions under Competition Act 1998), in subsections (2)(b)
and (4), after “38(1) to (6)” (in each place where it occurs) insert “, 40B(1) to
5(4)”.

52 In section 63 (Competition Act 1998: supplementary), in subsection (1), after
“38(1) to (6)” insert “, 40B(1) to (4)”.

Electricity (Northern Ireland) Order 1992 (SI 1992/231 (N.I. 1)SI 1992/231 (N.I. 1))

53 In article 46 of the Electricity (Northern Ireland) Order 1992 (functions with
10respect to competition), in paragraphs (3), (3A) and (6)(b), after “38(1) to (6)”
(in each place where it occurs) insert “, 40B(1) to (4)”.

Gas (Northern Ireland) Order 1996 (SI 1996/275 (N.I. 2)SI 1996/275 (N.I. 2))

54 In article 23 of the Gas (Northern Ireland) Order 1996 (functions with respect
to competition), in paragraphs (3), (3A) and (6)(b), after “38(1) to (6)” (in each
15place where it occurs) insert “, 40B(1) to (4)”.

Energy (Northern Ireland) Order 2003 (SI 2003/419 (N.I. 6)SI 2003/419 (N.I. 6))

55 In Schedule 1 to the Energy (Northern Ireland) Order 2003 (constitution etc.
of the Authority), in paragraph 9, after sub-paragraph (2) insert—

“(2A) Sub-paragraph (1) is subject to provision in rules made under
20section 51 of the Competition Act 1998 by virtue of paragraph 1A
of Schedule 9 to that Act in respect of the exercise of a function
under Part 1 of that Act.”

Section 50

SCHEDULE 16 Heritage planning regulation

25National Heritage Act 1983 (c. 47)National Heritage Act 1983 (c. 47)

1 (1) Section 33 of the National Heritage Act 1983 (the Commission’s general
function) is amended as follows.

(2) In subsection (2A)—

(a) in paragraph (a) after “1979” insert “, under section 196D of the Town
30and Country Planning Act 1990”, and

(b) in paragraph (b) for “that Part or of that Act of 1990” substitute “Part
1 of the Ancient Monuments and Archaeological Areas Act 1979 or
the Planning (Listed Buildings and Conservation Areas) Act 1990”.

(3) After subsection (2A) insert—

“(2AA) 35In relation to an actual or apprehended breach of planning control in
respect of relevant demolition, in section 187B of the Town and
Country Planning Act 1990 (injunctions restraining breaches of