Enterprise and Regulatory Reform Bill (HC Bill 61)

Section 20(4)

SCHEDULE 6 Regulatory appeals etc: minor and consequential amendments

Part 1 Amendments to Acts

5Competition Act

1 The Competition Act 1980 is amended as follows.

2 (1) Section 11 (reference of public bodies and certain other persons to the
Commission) is amended as follows.

(2) 10In subsections (1), (5), (6), (8) and (10), for “Commission” (in each place
where it occurs) substitute “CMA” .

(3) After subsection (10) insert—

“(10A) The functions of the CMA with respect to a reference under this
section (including functions under sections 109 to 115 of the
15Enterprise Act 2002, as applied by section 11B) 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.”

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

3 20In section 11A (references under section 11: time-limits), in subsections (2)
and (3), for “Commission” (in each place where it occurs) substitute “CMA”.

4 (1) Section 11C (references under section 11: further supplementary provisions)
is amended as follows.

(2) In subsection (1), for the words from “the words” to the end, substitute “—

(a) 25the words “, OFCOM or the Secretary of State” were omitted,
and

(b) for the words “their functions” there were substituted “its
functions”.”

(3) In subsection (3)—

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

(b) for the words from “in connection with” to the end, substitute “by the
chair of the CMA for the purpose of carrying out the functions of the
CMA with respect to the reference”.

5 In section 12 (orders following report under section 11), in subsections (1) to
35(3) and (5), for “Commission” (in each place where it occurs) substitute
“CMA”.

6 In section 16 (general provisions as to reports), in subsection (2), for
“Commission” substitute “CMA”.

7 In section 17 (laying before Parliament and publication of reports), in
40subsection (6), for “Commission” substitute “CMA”.

8 In section 33 (short title, interpretation, etc), in subsection (2), for ““the
Commission”” substitute ““the CMA””.

Solicitors (Scotland) Act

9 The Solicitors (Scotland) Act 1980 is amended as follows.

10 In section 25A (rights of audience in the Court of Session etc), in subsections
5(9) and (11), for “Director” (in each place where it occurs) substitute “CMA”.

11 (1) Section 64A (advisory and supervisory functions) is amended as follows.

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

(3) In subsection (3)—

(a) 10for “Director has completed his consideration he” substitute “CMA
has completed its consideration, the CMA”, and

(b) for “he thinks” substitute “it thinks”.

(4) In subsection (4), for “The Director may publish any advice given by him”
substitute “The CMA may publish advice given”.

(5) 15In subsection (5)—

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

(b) for “Director’s” substitute “CMA’s”.

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

(7) In the heading, for “Director General of Fair Trading” substitute
20“Competition and Markets Authority”.

12 (1) Section 64C (investigatory powers) is amended as follows.

(2) In subsection (1)—

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

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

(3) 25After subsection (2) insert—

“(2A) A notice under this section may be issued on the CMA’s behalf by
any member of the CMA Board.”

(4) In the heading, for “Director” substitute “Competition and Markets
Authority”.

13 30In section 64CA (enforcement of notices under section 64C), in subsections
(1) and (2), for “Office of Fair Trading” (in each place where it occurs)
substitute “CMA”.

14 (1) In section 65 (interpretation), in subsection (1)—

(a) before the definition of “the Council” insert—

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

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

(b) 40omit the definition of “the Director”.

Gas Act

15 The Gas Act 1986 is amended as follows.

16 (1) Section 23B (appeals) is amended as follows.

(2) 5In subsection (1), for “Competition Commission (“the Commission”)”
substitute “CMA”.

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

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

17 (1) 10Section 23C (procedure on appeal) is amended as follows.

(2) Omit subsection (1).

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

(4) After subsection (2) insert—

“(2A) Except where specified otherwise in Schedule 4A, the functions of
15the CMA with respect to an appeal under section 23B 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.”

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

18 (1) 20Section 23D (determination of appeal) is amended as follows.

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

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

19 (1) Section 23E (powers on allowing appeal) is amended as follows.

(2) 25In subsection (1), for “Commission” substitute “CMA”.

(3) In subsection (2)—

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

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

(4) 30In subsection (3), for “Commission” (in each place where it occurs) substitute
“CMA”.

(5) In subsection (7), for “Commission’s” substitute “CMA’s”.

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

20 (1) Section 23F (time limits for determination of appeal) is amended as follows.

(2) 35In subsections (1), (3) to (5) and (7), for “Commission” (in each place where
it occurs) substitute “CMA”.

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

21 (1) Section 23G (supplementary provision about determination of appeal) is
amended as follows.

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

(3) In subsection (2)—

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

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

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

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

22 In section 27 (modification by order under other enactments), in subsection
10(1), for “Office of Fair Trading, the Competition Commission” substitute
“CMA”.

23 (1) Section 41D (application by Authority for order including new activities) is
amended as follows.

(2) In subsection (3), for the words from “shall” to the end, substitute “shall,
15before making the application, make a reference under section 41E to the
CMA”.

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

(4) After subsection (6), insert—

“(7) 20The functions of the CMA with respect to a reference under section
41E (including functions under sections 109 to 115 of the Enterprise
Act 2002, as applied by section 41EB) 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
252012.”

24 (1) Section 41E (references) is amended as follows.

(2) In subsection (1)—

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

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

(3) 30In subsections (2), (3), (5) and (6), for “Commission” (in each place where it
occurs) substitute “CMA”.

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

25 In section 41EA (references under section 41E: time limits), in subsections (2)
and (3), for “Competition Commission” (in each place where it occurs)
35substitute “CMA”.

26 In section 41EB (references under section 41E: application of the Enterprise
Act 2002), in subsection (4)—

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

(b) for the words from “the words” to the end, substitute “—

(a) 40the words “, OFCOM or the Secretary of State” were
omitted; and

(b) for the words “their functions” there were substituted
“its functions”.”

27 (1) Section 41F (reports on references) is amended as follows.

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

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

(4) 5In subsection (3A)—

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

(b) for the words from “in connection with” to the end, substitute “by the
chair of the CMA for the purpose of carrying out the functions of the
CMA with respect to the reference”.

(5) 10In subsections (3B) to (4C), for “Competition Commission” (in each place
where it occurs) substitute “CMA”.

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

28 In section 48 (interpretation of Part 1), in subsection (1), after the definition
of “calorific value” insert—

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

29 (1) Schedule 4A (procedure for appeals under section 23B) is amended as
follows.

(2) In paragraph 1—

(a) in sub-paragraphs (1) and (7), for “Commission” (in each place where
20it occurs) substitute “CMA”,

(b) in sub-paragraph (8)—

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

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

(c) in sub-paragraph (9)—

(i) 25for “deciding” substitute “the authorised member decides”,
and

(ii) for “the Commission must give the Authority” substitute “the
Authority must be given”,

(d) in sub-paragraph (10), for “Commission’s” substitute “CMA’s”,

(e) 30in sub-paragraph (12), for “the Commission must” substitute “an
authorised member of the CMA must”, and

(f) in sub-paragraph (13)—

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

(ii) for “as the Commission” substitute “as an authorised
35member of the CMA”.

(3) In paragraph 2—

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

(b) in sub-paragraph (2)(b), for “the Commission has given the
Authority” substitute “the Authority has been given”,

(c) 40in sub-paragraph (3), for “Commission’s” substitute “CMA’s”,

(d) in sub-paragraph (4), for “Commission” substitute “CMA”,

(e) in sub-paragraph (5)—

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

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

(f) 45in sub-paragraph (6)—

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

(ii) in paragraph (b), for “the Commission” substitute “an
authorised member of the CMA”.

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

(5) In paragraph 4—

(a) omit sub-paragraph (1),

(b) in sub-paragraph (2)—

(i) after “group” insert “constituted by the chair of the CMA
10under Schedule 4 to the Enterprise and Regulatory Reform
Act 2012 for the purpose of carrying out functions of the
CMA with respect to an appeal under section 23B”, and

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

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

(d) 15in sub-paragraph (8), for “a group” substitute “the group”.

(6) In paragraph 5, in sub-paragraph (1)—

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

(b) for “determination of the appeal” substitute “determination of an
20appeal”.

(7) In paragraph 6—

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

(b) in sub-paragraph (4)—

(i) 25for “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
copies to be taken”, and

(ii) omit “to it”, and

(c) 30in sub-paragraph (5), in paragraph (a), for the words from
“Commission’s” to the end of paragraph (a), substitute “CMA’s
behalf by an authorised member of the CMA”.

(8) In paragraph 7—

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

(b) 35in 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 that person”
substitute “an authorised member of the CMA must arrange for that
person to be paid”, and

(d) 40in sub-paragraph (8), for the words from “Commission’s” to the end,
substitute “CMA’s behalf by an authorised member of the CMA”.

(9) In paragraph 8—

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

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

(10) In paragraph 9, for “Commission” substitute “CMA”.

(11) In paragraph 10, in sub-paragraph (1), for “a member of the Commission”
substitute “an authorised member of the CMA”.

(12) In paragraph 11, in sub-paragraphs (1), (3) and (4), for “Commission” (in
each place where it occurs) substitute “CMA Board”.

(13) 5In paragraph 12, in sub-paragraphs (1) and (2), for “Commission” (in each
place where it occurs) substitute “CMA”.

(14) In paragraph 13, 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—

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

(d) omit the definition of a “group”.

Electricity Act

30 The Electricity Act 1989 is amended as follows.

31 (1) 40Section 11C (appeals) is amended as follows.

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

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

(4) 45In the heading, for “Competition Commission” substitute “CMA”.

32 (1) Section 11D (procedure on appeal) is amended as follows.

(2) Omit subsection (1).

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

(4) After subsection (2) insert—

“(2A) Except where specified otherwise in Schedule 5A, the functions of
5the CMA with respect to an appeal under section 11C 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.”

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

33 (1) 10Section 11E (determination of appeal) is amended as follows.

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

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

34 (1) Section 11F (powers on allowing appeal) is amended as follows.

(2) 15In subsection (1), for “Commission” substitute “CMA”.

(3) In subsection (2)—

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

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

(4) 20In subsection (3), for “Commission” (in each place where it occurs) substitute
“CMA”.

(5) In subsection (7), for “Commission’s” substitute “CMA’s”.

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

35 (1) Section 11G (time limits for determination of appeal) is amended as follows.

(2) 25In subsection (1), for “Commission” substitute “CMA”.

(3) In subsections (3) to (5) and (7), for “Commission” (in each place where it
occurs) substitute “CMA”.

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

36 (1) Section 11H (supplementary provision about determination of appeal) is
30amended as follows.

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

(3) In subsection (2)—

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

(b) 35for “Commission’s” (in each place where it occurs) substitute
“CMA’s”.

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

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

37 In section 15 (modification by order under other enactments), in subsection
(1) for “Office of Fair Trading, the Competition Commission” substitute
“CMA”.

38 (1) Section 56B (application for order including new activities) is amended as
5follows.

(2) In subsection (3), for the words from “shall” to the end, substitute “shall,
before making the application, make a reference under section 56C to the
CMA”.

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

(4) After subsection (6), insert—

“(7) The functions of the CMA with respect to a reference under section
56C (including functions under sections 109 to 115 of the Enterprise
Act 2002, as applied by section 56CB) are to be carried out on behalf
15of 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.”

39 (1) Section 56C (references) is amended as follows.

(2) In subsection (1)—

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

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

(3) In subsections (2), (3), (5) and (6), for “Commission” (in each place where it
occurs) substitute “CMA”.

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

40 25In section 56CA (references under section 56C: time limits), in subsections (2)
and (3), for “Competition Commission” (in each place where it occurs)
substitute “CMA”.

41 In section 56CB (references under section 56C: application of Enterprise Act
2002), in subsection (4)—

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

(b) for the words from “the words” to the end, substitute “—

(a) the words “, OFCOM or the Secretary of State” were
omitted; and

(b) for the words “their functions” there were substituted
35“its functions”.”

42 (1) Section 56D (reports on references) is amended as follows.

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

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

(4) 40In subsection (3A)—

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

(b) for the words from “in connection with” to the end, substitute “by the
chair of the CMA for the purpose of carrying out the functions of the
CMA with respect to the reference”.

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

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

43 In section 64 (interpretation etc of Part 1), in subsection (1), after the
5definition of “authorised supplier” insert—

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

44 (1) Schedule 5A (procedure for appeals under section 11C) is amended as
follows.

(2) In paragraph 1—

(a) 10in sub-paragraphs (1) and (7), for “Commission” (in each place where
it occurs) substitute “CMA”,

(b) in sub-paragraph (8)—

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

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

(c) 15in sub-paragraph (9)—

(i) for “deciding” substitute “the authorised member decides”,

(ii) for “the Commission must give the Authority” substitute “the
Authority must be given”,

(d) in sub-paragraph (10), for “Commission’s” substitute “CMA’s”,

(e) 20in sub-paragraph (12), for “the Commission must” substitute “an
authorised member of the CMA must”, and

(f) in sub-paragraph (13)—

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

(ii) for “as the Commission” substitute “as an authorised
25member of the CMA”.

(3) In paragraph 2—

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

(b) in sub-paragraph (2)(b), for “the Commission has given the
Authority” substitute “the Authority has been given”,

(c) 30in sub-paragraph (3), for “Commission’s” substitute “CMA’s”,

(d) in sub-paragraph (4), for “Commission” substitute “CMA”,

(e) in sub-paragraph (5)—

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

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

(f) 35in sub-paragraph (6)—

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

(ii) in paragraph (b), for “the Commission” substitute “an
authorised member of the CMA”.

(4) In paragraph 3, in sub-paragraphs (1) and (3), for “Commission” (in each
40place where it occurs) substitute “CMA”.

(5) In paragraph 4—

(a) omit sub-paragraph (1),

(b) in sub-paragraph (2)—

(i) after “group” insert “constituted by the chair of the CMA
45under Schedule 4 to the Enterprise and Regulatory Reform