Enterprise and Regulatory Reform Bill (HC Bill 61)

(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“CMA”.

(5) In subsection (6)—

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

(b) omit “to it”.

(6) In subsection (7), for “Commission” (in each place where it occurs) substitute
10“CMA”.

(7) In subsection (8)—

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

(b) after “(6)” insert “—

(a)”,

(c) 15omit “to the Commission by the OFT”, and

(d) at the end insert “; and

(b) for the purposes of section 34C, the group constituted
in consequence of the reference under section 45 is to
be treated as if it were constituted in consequence of a
20reference under section 22 or (as the case may be) 33.”

99 (1) Section 57 (duties of authorities to inform Secretary of State) is amended as
follows.

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

(3) In subsection (2)—

(a) 25for “OFT, OFCOM and the Commission” substitute “CMA and
OFCOM”, and

(b) for “OFT, OFCOM or (as the case may be) the Commission”
substitute “CMA or (as the case may be) OFCOM”.

(4) In the heading, for “OFT and Commission” substitute “CMA and OFCOM”.

100 30In section 58 (specified considerations), in subsection (4)(b) for “OFT,
OFCOM, the Commission” substitute “CMA, OFCOM”.

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

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

(3) 35In subsection (6)—

(a) for “OFT” (in each place where it occurs) substitute “CMA”, and

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

102 (1) Section 60 (special intervention notices under section 59) is amended as
follows.

(2) 40In subsection (4)—

(a) in paragraph (a), for “OFT” substitute “CMA”, and

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

103 (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)
substitute “CMA”.

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

104 (1) 5Section 62 (power of Secretary of State to refer matter) is amended as
follows.

(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
10under Schedule 4 to the Enterprise and Regulatory Reform Act 2012”.

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

105 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
15for the constitution of a group under Schedule 4 to the Enterprise and
Regulatory Reform Act 2012, the functions of the CMA under or by
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
so constituted—

(a) 20sections 63 to 65;

(b) where a reference is treated by virtue of section 64(2) as
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
25paragraph (a)(iii) of the definition of relevant decision in
subsection (6) of that section, and 104A;

(d) section 107, so far as relating to anything done on behalf of
the CMA by the group;

(e) section 109, where the permitted purpose relates to a function
30that (by virtue of this section) is being or is to be carried out
on behalf of the CMA by the group;

(f) sections 110 to 115, so far as relating to a notice given under
section 109 on behalf of the CMA by the group;

(g) section 118(4);

(h) 35section 120(5)(b), so far as relating to a decision of the group.”

106 In section 63 (questions to be decided on references under section 62), in
subsections (1) to (4), for “Commission” (in each place where it occurs)
substitute “CMA”.

107 In section 64 (cancellation and variation of references under section 62), in
40subsections (1) to (4) and (7) to (9), for “Commission” (in each place where it
occurs) substitute “CMA”.

108 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”.

109 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
occurs) substitute “CMA”.

110 In section 67 (intervention to protect legitimate interests), in subsections (2)
5and (8), for “OFT” (in each place where it occurs) substitute “CMA”.

111 In section 68 (scheme for protecting legitimate interests), in subsection (4)—

(a) in paragraph (b), for “OFT” substitute “CMA”,

(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
10Enterprise and Regulatory Reform Act 2012”, and

(c) in paragraph (d), for “the Commission” substitute “the CMA, acting
through a group so constituted,”.

112 In section 72 (initial enforcement orders), in subsections (2), (6) and (7), for
“OFT” (in each place where it occurs) substitute “CMA”.

113 15In 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”.

114 In section 74 (effect of undertakings under section 73), in subsections (1), (2)
and (5), for “OFT” (in each place where it occurs) substitute “CMA”.

115 In section 75 (order making power where undertakings under section 73 not
20fulfilled), in subsections (1), (2), (4) and (6), for “OFT” (in each place where it
occurs) substitute “CMA”.

116 (1) Section 76 (supplementary interim order-making power) is amended as
follows

(2) In subsection (1)—

(a) 25in 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
Commission” (in each place where it occurs) substitute “CMA”.

117 In section 77 (restrictions on certain dealings: completed mergers), in
30subsections (2), (3), (5) and (6), for “Commission” (in each place where it
occurs) substitute “CMA”.

118 In section 78 (restrictions on certain dealings: anticipated mergers), in
subsections (2) to (4), for “Commission” (in each place where it occurs)
substitute “CMA”.

119 (1) 35Section 79 (sections 77 and 78: further interpretation provisions) is amended
as follows.

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

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

120 (1) 40Section 80 (interim undertakings) is amended as follows.

(2) In subsections (2), (5) and (9), for “Commission” (in each place where it
occurs) substitute “CMA”.

(3) In subsection (10), for “Commission’s” substitute “CMA’s”.

121 (1) Section 81 (interim orders) is amended as follows.

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

(3) In subsection (9), for “Commission” substitute “CMA”.

122 5In section 82 (final undertakings), in subsections (1), (2) and (5), for
“Commission” (in each place where it occurs) substitute “CMA”.

123 (1) Section 83 (order-making powers where final undertakings not fulfilled) is
amended as follows.

(2) In subsection (1)(b)—

(a) 10for “Commission or the OFT” substitute “CMA”, and

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

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

(4) Omit subsection (6).

124 (1) 15Section 84 (final orders) is amended as follows.

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

(3) Omit subsection (4).

125 In section 85 (enforcement regime for public interest and special interest
20cases), in subsection (2), for “OFT” substitute “CMA”.

126 (1) Section 91 (register of 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) 25in the words before paragraph (a), for “OFT” substitute “CMA”, and

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

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

(5) In subsection (5)—

(a) for “Commission and the Secretary of State” substitute “Secretary of
30State”,

(b) for “OFT” substitute “CMA”, and

(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
35“CMA”.

127 In the italic cross-heading preceding section 92, for “OFT” substitute “CMA”.

128 (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) 40In subsection (3)—

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

(i) for “OFT” substitute “CMA”, and

(ii) omit “the Commission or (as the case may be)”,

(b) in paragraph (a)—

(i) 5omit “the Commission or (as the case may be)”, and

(ii) omit “it (or as the case may be)”, and

(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
10“CMA”.

(5) In subsection (7)—

(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
15it under subsection (6)”.

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

129 (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
20following it.

(3) In subsection (2)—

(a) for the words from the beginning to “authority”)” substitute “The
Secretary of State”,

(b) for “OFT” substitute “CMA”,

(c) 25for “relevant authority” (in each place where it occurs) substitute
“Secretary of State”, and

(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
30“Secretary of State”,

(b) for “OFT” substitute “CMA”, and

(c) for “OFT’s” substitute “CMA’s”.

(5) In subsection (4)—

(a) for “OFT” substitute “CMA”,

(b) 35for “relevant authority” substitute “Secretary of State”, and

(c) omit “section 80 or 82 or (as the case may be)”.

(6) In subsection (6)—

(a) for “relevant authority” substitute “Secretary of State”, and

(b) for “OFT” substitute “CMA”.

(7) 40In the heading, for “OFT” substitute “CMA”.

130 (1) Section 94 (rights to enforce undertakings and orders) is amended as
follows.

(2) In subsection (6), for “OFT” substitute “CMA”.

(3) Omit subsection (7).

131 (1) Section 95 (rights to enforce statutory restrictions) is amended as follows.

(2) In subsection (4), for “OFT or the Commission” substitute “CMA”.

(3) In subsection (5), for “OFT” substitute “CMA”.

132 (1) 5Section 96 (merger notices) is amended as follows.

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

(3) In subsection (5), for “OFT” substitute “CMA”.

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

(2) 10In 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”.

134 15In section 100 (exceptions to protection given by merger notices), in
subsection (1), for “OFT” (in each place where it occurs) substitute “CMA”.

135 (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
20Commission” 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
25(3), 36(1) or (2), 47 or 63;”, and

136 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”.

137 (1) 30Section 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

(ii) 35omit “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

(ii) 40for “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
where it occurs) substitute “CMA”.

(5) 5In subsection (4)—

(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) 10In subsection (4A)—

(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) 15in the words before paragraph (a), for “OFT, OFCOM and the
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
20“CMA”.

(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
25subsection.

(11) In the heading, for “OFT and Commission” substitute “CMA”.

138 (1) Section 106 (advice and information about references under sections 22 and
33) is amended as follows.

(2) In subsection (1)—

(a) 30omit “As soon as reasonably practicable after the passing of this
Act,”,

(b) for “the OFT” substitute “The CMA”, and

(c) for the words from “the making” to the end of the subsection
substitute “—

(a) 35the making and consideration by it of references
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) 40In subsection (2), for “OFT” substitute “CMA”.

(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

(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) 5for “OFT or (as the case may be) the Commission” substitute “CMA”.

(8) In subsection (8), for “OFT shall consult the Commission and such other
persons” substitute “CMA shall consult such persons”.

(9) Omit subsection (9).

139 In section 106A (advice and information in relation to media mergers), in
10subsection (5), for “OFT, OFCOM, the Commission” substitute “CMA,
OFCOM”.

140 In section 106B (general advisory duties of OFCOM), in subsections (1) and
(3), for “Commission” substitute “CMA”.

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

(2) 15In subsection (1)—

(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) 20In subsection (3)—

(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) 25in paragraph (b), for “Commission” substitute “CMA”.

(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”.

142 30In section 108 (defamation), for “OFT, OFCOM, the Commission” substitute
“CMA, OFCOM”.

143 In section 109 (attendance of witnesses and production of documents etc.),
in subsection (3)(a), for “the Commission” substitute “the CMA”.

144 In section 110 (enforcement of powers under section 109: general), in
35subsections (1) to (3), (6), (8) and (9), for “Commission” (in each place where
it occurs) substitute “CMA”.

145 In section 111 (penalties), in subsections (1), (5) and (8), for “Commission” (in
each place where it occurs) substitute “CMA”.

146 In section 112 (penalties: main procedural requirements), in subsections (1)
40to (3), for “Commission” (in each place where it occurs) substitute “CMA”.

147 In section 113 (payment and interest by instalments), in subsections (3) and
(4), for “Commission” (in each place where it occurs) substitute “CMA”.

148 In section 114 (appeals in relation to penalties), in subsections (4), (5) and (7),
for “Commission” (in each place where it occurs) substitute “CMA”.

149 5In section 115 (recovery of penalties), for “Commission” (in each place where
it occurs) substitute “CMA”.

150 In section 116 (statement of policy), in subsections (1), (3) and (4), for
“Commission” (in each place where it occurs) substitute “CMA”.

151 In section 117 (false or misleading information), in subsections (1) and (2),
10for “OFT, OFCOM, the Commission” (in each place where it occurs)
substitute “CMA, OFCOM”.

152 (1) Section 118 (excisions from reports) is amended as follows.

(2) In subsection (1)—

(a) in paragraph (a), for “OFT” substitute “CMA”, and

(b) 15in paragraph (b), for “Commission” substitute “CMA”.

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

153 (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
20Act

”, and

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

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

154 (1) Section 119B (monitoring role in relation to media mergers) is amended as
25follows.

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

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

155 In section 120 (review of decisions under Part 3), in subsection (1)—

(a) 30for “OFT” substitute “CMA”, and

(b) for “the Secretary of State or the Commission” substitute “or the
Secretary of State”.

156 (1) Section 121 (fees) is amended as follows.

(2) In subsection (1)—

(a) 35for “OFT of” substitute “CMA of”, and

(b) for “OFT, OFCOM and the Commission” substitute “CMA and
OFCOM”.

(3) In subsections (3), (4) and (7), for “OFT” (in each place where it occurs)
substitute “CMA”.

(4) 40In subsection (8)—

(a) for “OFT in” substitute “CMA in”, and

(b) for “OFT, OFCOM and the Commission” substitute “CMA and
OFCOM”.

(5) In subsection (9), for “OFT” substitute “CMA”.

157 (1) Section 122 (primacy of EU law) is amended as follows.

(2) 5In subsection (1)—

(a) omit “or (3)”, and

(b) for “OFT or (as the case may be) the Commission” substitute “CMA”.

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

158 10Section 123 (power to alter share of supply test), in subsection (4), for “OFT
and the Commission” substitute “CMA”.

159 (1) Section 130 (index of defined expressions) is amended as follows.

(2) At the appropriate place in the table insert—

(3) 15Omit 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”.

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

(2) 20In 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
occurs) substitute “CMA”.

(4) In paragraph 4, in sub-paragraphs (2) and (3), for “OFT” (in each place where
25it occurs) substitute “CMA”.

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

(6) In paragraph 7, in sub-paragraphs (8) and (9), for “Commission” (in each
place where it occurs) substitute “CMA”.

(7) 30In paragraph 8—

(a) in sub-paragraphs (7) and (8), for “Commission” (in each place where
it occurs) substitute “CMA”, and

(b) in sub-paragraph (11), for “OFT” substitute “CMA”.

(8) In paragraph 10, in sub-paragraphs (1) and (6), for “OFT” (in each place
35where it occurs) substitute “CMA”.

(9) In paragraph 11, in sub-paragraph (5), for “OFT” substitute “CMA”.

161 (1) Schedule 8 (provision that may be contained in certain enforcement orders)
is amended as follows.