(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

(b) 5in paragraph (b), for “Commission” (in each place where it occurs)
substitute “CMA”.

162 In Schedule 10 (procedural requirements for certain enforcement
undertakings and orders), in paragraph 2(1), for “the OFT, the Commission”
substitute “the CMA”.

10Part 4

163 (1) Section 131 (power to make market investigation references) is amended as
follows.

(2) In subsection (1), for the words before “has reasonable grounds” substitute
“The CMA may, subject to subsection (4), make a reference to its chair for the
15constitution of a group under Schedule 4 to the Enterprise and Regulatory
Reform Act 2012 if the CMA”.

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

164 (1) Section 132 (ministerial power to make market investigation references) is
amended as follows.

(2) 20In subsections (1) and (2), for “OFT” (in each place where it occurs) substitute
“CMA”.

(3) In subsection (3), for “Commission” substitute “chair of the CMA for the
constitution of a group under Schedule 4 to the Enterprise and Regulatory
Reform Act 2012”.

165 25In section 133 (contents of references), in subsection (2), for “Commission”
substitute “group constituted by the chair of the CMA in respect of the
reference”.

166 Before section 134 (but after the italic cross-heading immediately preceding
it) insert—

“133A 30 Functions to be exercised by CMA groups

(1) Where a reference is made to the chair of the CMA under section 131,
132 or 140A 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 virtue of the following provisions of this Part in
35relation to the matter concerned are to be carried out on behalf of the
CMA by the group so constituted—

(a) sections 134 to 138B, except for section 135(1);

(b) sections 140B to 145, 148, 148A and 151;

(c) sections 157 and 158;

(d) 40section 159;

(e) section 160, except for subsection (6) of that section;

(f) section 161, except for subsection (5) of that section;

(g) section 162(4), so far as relating to an enforcement
undertaking or enforcement order made on behalf of the
CMA by the group;

(h) section 164(2)(b), so far as relating to an enforcement order
5made on behalf of the CMA by the group;

(i) section 167, so far as relating to an enforcement undertaking
or enforcement order made on behalf of the CMA by the
group;

(j) section 168;

(k) 10section 169, so far as relating to a decision mentioned in
paragraph (a)(iii) of the definition of relevant decision in
subsection (6) of that section;

(l) section 172, so far as relating to anything done on behalf of
the CMA by the group;

(m) 15section 174, where the permitted purpose in question 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;

(n) sections 174A to 174D, so far as relating to a notice given
under section 174 on behalf of the CMA by the group;

(o) 20section 179(5)(b), so far as relating to a decision of the group;

(p) 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) 25Nothing in subsection (1) prevents the CMA Board from carrying out
a function of the CMA under or by virtue of the following provisions
of this Part where the group constituted as mentioned in subsection
(1) has ceased to exist—

(a) section 160 and Schedule 10, so far as relating to the making
30of an order under section 160;

(b) sections 159 to 161 and Schedule 10, so far as relating to the
variation, supersession or release of enforcement
undertakings or the variation or revocation of enforcement
orders;

(c) 35section 162(4);

(d) section 164(2)(b);

(e) section 167.”

167 (1) Section 134 (questions to be decided on market investigation references) is
amended as follows.

(2) 40In subsections (1), (4), (6) and (7), for “Commission” (in each place where it
occurs) substitute “CMA”.

(3) In subsection (8)(b), for “Commission, the Secretary of State or (as the case
may be) the OFT” substitute “CMA or (as the case may be) the Secretary of
State”.

168 (1) 45Section 135 (variation of references) is amended as follows.

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

(3) In subsection (2)—

(a) omit “OFT or (as the case may be) the”,

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

(c) after “reference” insert “made by him”.

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

169 (1) Section 136 (investigations and reports on market investigation references)
5is amended as follows.

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

(3) For subsection (4) substitute—

“(4) Where a reference has been made by the appropriate Minister under
10section 132 the CMA shall, at the same time as the report under this
section is published, give it to the appropriate Minister.”

(4) In subsection (5)—

(a) for “OFT” substitute “CMA”, and

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

(5) 15Omit subsection (6).

170 In section 137 (time-limits for market investigation reports), in subsections
(1), (5) and (6), for “Commission” (in each place where it occurs) substitute
“CMA”.

171 In section 138 (duty to remedy adverse effects), in subsections (1) to (6), for
20“Commission” (in each place where it occurs) substitute “CMA”.

172 In section 139 (public interest intervention by the Secretary of State), in
subsection (2), for “OFT” (in each place where it occurs) substitute “CMA”.

173 In section 140 (intervention notices under section 139(1)), in subsection (5),
for “Commission” (in each place where it occurs) substitute “CMA”.

174 25In section 141 (questions to be decided), in subsections (2) and (3) to (6), for
“Commission” (in each place where it occurs) substitute “CMA”.

175 (1) Section 142 (investigations and reports) is amended as follows.

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

(3) 30In the heading, for “Commission” substitute “CMA”.

176 In section 143 (publication etc. of reports), in subsections (1), (3) and (4), for
“Commission” (in each place where it occurs) substitute “CMA”.

177 In section 144 (time-limits for investigations and reports: Part 4), in
subsections (1), (4) and (5), for “Commission” (in each place where it occurs)
35substitute “CMA”.

178 In section 145 (restrictions where public interest considerations not
finalised), in subsections (1) to (5), for “Commission” (in each place where it
occurs) substitute “CMA”.

179 In section 146 (decision of Secretary of State), in subsections (2) to (4), for
40“Commission” (in each place where it occurs) substitute “CMA”.

180 In section 147 (remedial action by Secretary of State), in subsections (3) and
(4), for “Commission” (in each place where it occurs) substitute “CMA”.

181 (1) Section 148 (reversion of the matter) is amended as follows.

(2) In subsections (1), (2), (6), (7) and (9), for “Commission” (in each place where
5it occurs) substitute “CMA”.

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

182 In section 149 (intervention notices under section 139(2)), in subsections (1)
and (5), for “OFT” (in each place where it occurs) substitute “CMA”.

183 (1) Section 150 (power of veto of Secretary of State) is amended as follows.

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

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

184 (1) Section 151 (further interaction of intervention notices with general
procedure) is amended as follows.

(2) 15In subsection (3), for “Commission” (in each place where it occurs) substitute
“CMA”.

(3) In subsection (4), for “Commission” (in the first place where it occurs)
substitute “CMA”.

(4) In subsection (5), for “Commission” (in each place where it occurs) substitute
20“CMA”.

185 (1) Section 152 (certain duties in relation to providing information) is amended
as follows.

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

(3) In subsection (3)—

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

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

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

186 In section 153 (specified considerations for purposes of Part 4), in
subsection (4)—

(a) 30for “OFT” substitute “CMA”,

(b) for “by the Secretary of State,” substitute “by the Secretary of State
or”, and

(c) omit “or by the Commission”.

187 In section 154 (undertakings in lieu of market investigation references), in
35subsections (1) to (7), for “OFT” (in each place where it occurs) substitute
“CMA”.

188 In section 155 (undertakings in lieu: procedural requirements), in
subsections (1) to (4) and (6) to (9), for “OFT” (in each place where it occurs)
substitute “CMA”.

189 40In section 156 (effect of undertakings under section 154), in subsections (1)
and (2), for “OFT” (in each place where it occurs) substitute “CMA”.

190 In section 159 (final undertakings: Part 4), in subsections (1), (5) and (6) for
“Commission” (in each place where it occurs) substitute “CMA”.

191 (1) Section 160 (order-making power where final undertakings not fulfilled:
Part 4) is amended as follows.

(2) 5In subsection (1)(b), for “the relevant authority or the OFT” substitute “a
relevant person”.

(3) After subsection (1) insert—

“(1A) In subsection (1), a “relevant person” means—

(a) in a case where the relevant authority is the CMA, the CMA;

(b) 10in a case where the relevant authority is the Secretary of State,
the Secretary of State or the CMA.”

(4) In subsection (6), for the words from the beginning to “OFT” substitute “The
Secretary of State shall not vary or revoke an order made by him under this
section unless the CMA”.

(5) 15In subsection (7), in paragraph (a), for “Commission” (in each place where it
occurs) substitute “CMA”.

192 (1) Section 161 (final orders: Part 4) is amended as follows.

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

(3) In subsection (5), for the words from the beginning to “OFT” substitute “The
20Secretary of State shall not vary or revoke an order made by him under this
section unless the CMA”.

193 For the italic cross-heading before section 162 substitute “Undertakings and
orders: monitoring, consultation and advice”.

194 (1) Section 162 (duty to monitor undertakings and orders: Part 4) is amended as
25follows.

(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)—

(i) 30for “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)”,

(c) 35in paragraphs (b) to (d), omit “the Commission or (as the case may
be)” (in each place where it occurs), and

(d) in paragraph (e), for “167(6) to (8)” substitute “167(6) and (7)”.

(4) In subsection (4)—

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

(b) 40after paragraph (b) (but before the “or” following it) insert—

“(ba) any possible variation or release by it of an
enforcement undertaking accepted by it;

(bb) any possible new enforcement undertaking to be
accepted by it so as to supersede another enforcement
undertaking given to it;

(bc) any possible variation or revocation by it of an
5enforcement order made by it;

(bd) any possible enforcement undertaking to be accepted
by it instead of an enforcement order or any possible
enforcement order to be made by it instead of an
enforcement undertaking;”.

(5) 10In subsections (5) and (6), for “OFT” (in each place where it occurs) substitute
“CMA”.

(6) In subsection (7)—

(a) in the words before paragraph (a), for “OFT” substitute “CMA”,

(b) omit paragraph (a), and

(c) 15in paragraph (b), for “the report” substitute “any report prepared by
it under subsection (6)”.

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

195 (1) Section 163 (further role in relation to undertakings and orders: Part 4) is
amended as follows.

(2) 20In subsection (1)—

(a) omit “the Commission or”, and

(b) omit “(in this section “the relevant authority”)”.

(3) In subsection (2)—

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

(b) for “OFT” substitute “CMA”.

(4) In subsection (3)—

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

(b) 30for “OFT” substitute “CMA”, and

(c) for “OFT’s” substitute “CMA’s”.

(5) In subsection (4)—

(a) for “OFT” substitute “CMA”, and

(b) for “relevant authority” substitute “Secretary of State”.

(6) 35In subsection (5)—

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

(b) omit “itself”.

(7) In subsection (6)—

(a) 40for “relevant authority” substitute “Secretary of State”, and

(b) for “OFT” substitute “CMA”.

(8) For the heading substitute “Role of CMA in relation to undertakings and
orders in public interest cases: Part 4”.

196 (1) Section 166 (register of undertakings and orders: Part 4) is amended as
follows.

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

(3) 5In subsection (3)—

(a) in the words before paragraph (a), for “OFT” substitute “CMA”,

(b) in paragraph (a), omit “(whether by the Commission, the Secretary
of State or a relevant sectoral regulator)”, and

(c) in paragraph (b), omit “(whether by the Commission, the Secretary
10of State or a relevant sectoral regulator)”.

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

(5) In subsection (5)—

(a) omit “Commission, the”, and

(b) for “OFT” substitute “CMA”.

(6) 15In subsections (6) and (7), for “OFT” (in each place where it occurs) substitute
“CMA”.

197 (1) Section 167 (rights to enforce undertakings and orders under this Part) is
amended as follows.

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

(3) 20In subsection (7)—

(a) after “accepted” insert “by the Secretary of State”,

(b) after “an order” insert “made by the Secretary of State”, and

(c) for “relevant authority” substitute “Secretary of State”.

(4) Omit subsection (8).

(5) 25In subsection (9), for “(6) to (8)” substitute “(6) and (7)”.

198 In section 168 (regulated markets), in subsections (1), (2), (6) and (7), for
“Commission” (in each place where it occurs) substitute “CMA”.

199 In section 169 (certain duties of relevant authorities to consult: Part 4), in
subsection (6)—

(a) 30in the definition of “relevant authority”, for “OFT, the appropriate
Minister or the Commission” substitute “CMA, the appropriate
Minister”,

(b) in the definition of “relevant decision”, in paragraph (a), in the
opening words, for “OFT” (in each place where it occurs) substitute
35“CMA”,

(c) also in that paragraph of that definition, after sub-paragraph (ii)
insert “; or—

(iii) on the questions mentioned in section 134, 141
or 141A; and”, and

(d) 40also in that definition, omit paragraph (c) and the word “and”
preceding it.

200 (1) Section 170 (general information duties) is amended as follows.

(2) Omit subsections (1) and (2).

(3) In subsection (3)—

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

(b) in paragraph (a), for “their possession” substitute “its possession”,
5and

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

(4) In subsection (4), for “OFT” (in each place where it occurs) substitute
“CMA”.

(5) 10In subsection (5), omit the words from the beginning to “and the Secretary
of State” and insert “The Secretary of State”.

201 (1) Section 171 (advice and information: Part 4) is amended as follows.

(2) In subsection (1)—

(a) omit “As soon as reasonably practicable after the passing of this
15Act,”,

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

(c) for “the making of references by it under section 131” substitute “—

(a) the making and consideration by it of market
investigation references, and

(b) 20the 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”.

(4) Omit subsections (3) and (4).

(5) 25In subsection (5)(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) 30In subsection (7)—

(a) omit “or (3)”, and

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

(8) In subsection (8)—

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

(b) 35for “OFT or (as the case may be) the Commission” substitute “CMA”.

(9) In subsection (9), for “OFT shall consult the Commission and such other
persons” substitute “CMA shall consult such persons”.

(10) Omit subsection (10).

202 (1) Section 172 (further publicity requirements: Part 4) is amended as follows.

(2) 40In subsection (1), for “OFT” substitute “CMA”.

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

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

203 In section 173 (defamation)—

(a) for “OFT” substitute “CMA”,

(b) for “by the Secretary of State,” substitute “by the Secretary of State
or”, and

(c) 5omit “or by the Commission”.

204 In section 174 (investigatory powers), in subsections (3) to (5), for “OFT” (in
each place where it occurs) substitute “CMA”.

205 In section 177 (excisions from reports: Part 4), in subsections (1), (4) and (5),
for “Commission” (in each place where it occurs) substitute “CMA”.

206 (1) 10Section 178 (minority reports: Part 4) is amended as follows.

(2) In subsection (1)—

(a) omit “in pursuance of paragraph 15 of Schedule 7 to the Competition
Act

”, and

(b) 15for “Commission” (in each place where it occurs) substitute “CMA”.

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

207 In section 179 (review of decisions under Part 4), in subsection (1)—

(a) for “OFT” substitute “CMA”, and

(b) for “, the Secretary of State or the Commission” substitute “or the
20Secretary of State”.

208 In section 183 (interpretation of Part 4), in subsection (3), for “Commission”
(in each place where it occurs) substitute “CMA”.

209 (1) Section 184 (index of defined expressions: Part 4) is amended as follows.

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

(3) Omit the entries in the table for “The Commission” and “The OFT”.

(4) In the first column of the entry in the table for “Reports of the Commission”,
for “Commission” substitute “CMA”.

Part 6

210 30In section 190 (cartel offence: prosecution), in subsections (2)(b) and (4), for
“OFT” substitute “CMA”.

211 In section 192 (investigation of cartel offences), in subsections (1) and (2), for
“OFT” (in each place where it occurs) substitute “CMA”.

212 In section 193 (powers when conducting an investigation), in subsections (1)
35to (4), for “OFT” (in each place where it occurs) substitute “CMA”.

213 In section 194 (power to enter premises under a warrant), in subsections (1)
and (2), for “OFT” (in each place where it occurs) substitute “CMA”.

214 In section 195 (exercise of powers by authorised person), in subsection (1),
for “OFT” (in both places where it occurs) substitute “CMA”.

215 In section 196 (privileged information etc), in subsection (2)(b), for “OFT”
substitute “CMA”.

216 In section 201 (offences), in subsection (4)(a), for “OFT” substitute “CMA”.

Part 11

217 (1) 5Section 273 (interpretation) is amended as follows.

(2) For the definition of “the Commission” substitute—

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

(3) Omit the definition of “the OFT”.

Part 3 10Abolition of the Competition Commission

Amendments of the 1998 Act

218 The 1998 Act is amended as follows.

219 In the heading of Chapter 4 of Part 1, omit “The Competition Commission
and”.

220 15Omit section 45 (establishment of Competition Commission) and the cross-
heading preceding it.

221 In section 59 (interpretation of Part 1), in subsection (1), in the definition of
“the Commission”, omit “(except in relation to the Competition
Commission)”.

222 20Omit Schedule 7 (Competition Commission).

223 Omit Schedule 7A (Competition Commission: procedural rules for mergers
and markets refinances).

Amendments of the 2002 Act

224 The 2002 Act is amended as follows.

225 25Omit sections 185 to 187 (the Competition Commission).

226 In Schedule 3 (the Competition Service), omit Part 2 (transfers of property
etc between the Competition Commission and the Competition Service).

227 Omit Schedule 11 (the Competition Commission).

228 Omit Schedule 12 (Competition Commission: certain procedural rules).

30Part 4 Abolition of the Office of Fair Trading

229 Omit sections 1 to 4 of, and Schedule 1 to, the 2002 Act (which make
provision about the establishment of the Office of Fair Trading), and the
italic cross-heading preceding section 1.