Act 2012 for the purpose of carrying out functions of the
CMA with respect to an appeal under section 11C”, and

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

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

(d) 5in 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
10appeal”.

(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) 15for “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) 20in 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) 25in 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) 30in 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,
35substitute “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
40each place where it occurs) substitute “CMA Board”.

(13) In 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”
45substitute—

• ““authorised member of the CMA”—

  Enterprise and Regulatory Reform BillPage 131

  (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
  5and 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
  10connection 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)

  15any 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
  20exercise 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
  25Regulatory Reform Act 2012;”, and

(d) omit the definition of a “group”.

Law Reform (Miscellaneous Provisions) (Scotland) Act

45 The Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 is amended
30as follows.

46 In section 26 (consideration of applications made under section 25), in
subsection (3), for “Director” substitute “CMA”.

47 In section 31 (rules of conduct), in subsection (2), for “Director” (in each place
where it occurs) substitute “CMA”.

48 (1) 35Section 40 (advisory and supervisory functions of Director) 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) 40for “Director has completed his consideration he” substitute “CMA
has completed its consideration it”, and

(b) for “as he” substitute “as it”.

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

(5) 45In subsection (5)—

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

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

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

49 (1) Section 41 (investigatory powers of Director) is amended as follows.

(2) In subsection (1)—

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

(b) 5in paragraphs (a) and (b), for “him” in each place substitute “the
CMA”.

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

50 In section 41A (enforcement of notices under section 41), in subsections (1)
and (2), for “Office of Fair Trading” (in each place where it occurs) substitute
10“CMA”.

51 In section 44 (interpretation of Part 2)—

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

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

(b) 15omit the definition of “the OFT”.

Water Industry Act

52 The Water Industry Act 1991 is amended as follows.

53 (1) Section 12 (determinations under conditions of appointment) is amended as
20follows.

(2) In subsection (2)—

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

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

(3) In subsection (3)—

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

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

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

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

(6) After subsection (3C) insert—

“(3D) 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
35constituted 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 modifications following a report
on a reference, and functions under sections 109 to 115 of the
Enterprise Act 2002, as applied by subsection (3B) read with section
4016B).”

54 (1) Section 14 (modification references) is amended as follows.

(2) In subsection (1)—

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

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

(3) In subsection (2)—

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

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

(4) 5In subsection (3), for “Competition Commission” substitute “CMA”.

(5) In subsection (5)—

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

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

(6) 10In subsection (6), for “Competition Commission” substitute “CMA”.

(7) After subsection (6) insert—

“(6A) 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
154 to the Enterprise and Regulatory Reform Act 2012 (including
functions relating to the making of modifications following a report
on a reference, and functions under sections 109 to 115 of the
Enterprise Act 2002, as applied by sections 14B and 16B).”

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

55 20In section 14A (references under section 14: time limits), in subsections (2)
and (3), for “Competition Commission” (in each place where it occurs)
substitute “CMA”.

56 (1) Section 15 (reports on modification references) is amended as follows.

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

(3) 25In subsection (1A)—

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

(b) for the words from “in connection with the reference” 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”.

(4) 30In subsections (1B), (3) to (3C) and (4), for “Competition Commission” (in
each place where it occurs) substitute “CMA”.

57 In section 16 (modification following report), in subsections (1) and (4A), for
“Competition Commission” (in each place where it occurs) substitute
“CMA”.

58 (1) 35Section 16A (power of veto following report) is amended as follows.

(2) In subsection (1), for the words from the beginning to “the Commission”)”
substitute “The CMA”.

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

(4) 40Omit subsection (10).

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

59 (1) Section 16B (power of veto following report: supplementary) is amended as
follows.

(2) In subsections (2) to (4), (6) and (8), for “Commission” (in each place where
it occurs) substitute “CMA”.

(3) 5In the heading, for “Commission’s” substitute “CMA’s”.

60 In section 17 (modification by order under other enactments), in subsection
(1), for “OFT, the Competition Commission” substitute “CMA”.

61 (1) Section 17K (water supply licences: modification references) is amended as
follows.

(2) 10In subsection (1)—

(a) for the words from “Competition Commission” to “the
Commission”)” substitute “CMA”, and

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

(3) In subsections (2) to (4), (6), (7) and (9), for “Commission” (in each place
15where it occurs) substitute “CMA”.

(4) After subsection (9) insert—

“(10) 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
204 to the Enterprise and Regulatory Reform Act 2012 (including
functions relating to the making of modifications following a report
on a reference, and functions under sections 109 to 115 of the
Enterprise Act 2002, as applied by sections 17M and 17Q).”

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

62 25In section 17L (references under section 17K: time limits), in subsections (2)
and (3), for “Commission” (in each place where it occurs) substitute “CMA”.

63 (1) Section 17N (water supply licences: reports on modification references) is
amended as follows.

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

(3) 30In subsection (2)—

(a) for “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”.

(4) 35In subsections (3) to (7) and (9), for “Commission” (in each place where it
occurs) substitute “CMA”.

64 In section 17O (water supply licences: modification following report), in
subsections (1) and (6), for “Commission” (in each place where it occurs)
substitute “CMA”.

65 (1) 40Section 17P (water supply licences: power of veto following report) is
amended as follows.

(2) In subsections (1) to (8) and (10) and (11), for “Commission” (in each place
where it occurs) substitute “CMA”.

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

66 (1) Section 17Q (section 17P: supplementary) is amended as follows.

(2) In subsections (2) to (4), (6) and (8), for “Commission” (in each place where
it occurs) substitute “CMA”.

67 5In section 17R (water supply licences: modification by order under other
enactments), in subsection (1), for “OFT, the Commission” substitute
“CMA”.

68 In section 219 (general interpretation), in subsection (1)—

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

• 10““the CMA” means the Competition and Markets Authority”, and

(b) omit the definition of “the OFT”.

Railways Act

69 The Railways Act 1993 is amended as follows.

70 (1) 15Section 13 (modification references) is amended as follows.

(2) In subsection (1)—

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

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

(3) In subsection (2)—

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

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

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

(5) In subsection (5)—

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

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

(6) In subsection (6)—

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

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

(7) 30In subsection (7), for “Competition Commission” substitute “CMA”.

(8) After subsection (9) insert—

“(10) 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
354 to the Enterprise and Regulatory Reform Act 2012 (including
functions relating to the making of modifications following a report
on a reference, and functions under sections 109 to 115 of the
Enterprise Act 2002, as applied by sections 13B and 15C).”

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

71 40In section 13A (references under section 13: time limits), in subsections (2)
and (3), for “Competition Commission” (in each place where it occurs)
substitute “CMA”.

72 (1) In section 13B (application of 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) the words “, OFCOM or the Secretary of State” were
5omitted; and

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

73 (1) Section 14 (reports on modification references) is amended as follows.

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

(3) 10In subsection (1A)—

(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”.

(4) 15In subsections (1B), (3) to (3C) and (4), for “Competition Commission” (in
each place where it occurs) substitute “CMA”.

74 In section 15 (modification following report), in subsections (1), (4A), (4C)
and (4D), for “Competition Commission” (in each place where it occurs)
substitute “CMA”.

75 (1) 20Section 15A (power to veto modifications following report) is amended as
follows.

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

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

76 (1) 25Section 15B (making of modifications) is amended as follows.

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

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

77 (1) Section 15C (sections 15A and 15B: supplementary) is amended as follows.

(2) 30In subsections (2) to (2B) and (2D), for “Competition Commission” (in each
place where it occurs) substitute “CMA”.

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

(4) In subsection (2G)—

(a) 35for “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
40“its functions”.”

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

78 In section 16 (modification by order under other enactments), in subsection
(1), for “OFT, the Competition Commission” substitute “CMA”.

79 (1) Section 74 (annual and other reports) is amended as follows.

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

(3) 5Omit subsection (7).

80 In section 83 (interpretation of Part 1), in subsection (1)—

(a) before the definition of “cross-border service” insert—

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

(b) omit the definition of “the OFT”.

81 (1) 10Schedule 4A (review of access charges by regulators) is amended as follows.

(2) In the italic cross-heading preceding paragraph 8, for “Competition
Commission reference” substitute “reference to CMA”.

(3) In paragraph 8, in sub-paragraph (2)(b), for “Competition Commission”
substitute “CMA”.

(4) 15In the italic cross-heading preceding paragraph 9, for “Competition
Commission” substitute “CMA”.

(5) In paragraph 9—

(a) in sub-paragraphs (1), (3) to (5), and (6A) to (9), for “Competition
Commission” (in each place where it occurs) substitute “CMA”, and

(b) 20after sub-paragraph (9), insert—

“(10) The functions of the CMA with respect to a reference under
this paragraph 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
25Reform 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 paragraphs 10A and 15).”

(6) In paragraph 10A, in sub-paragraph (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”.”

(7) In paragraph 11—

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

(b) in sub-paragraph (4A)—

(i) 40for “Competition Commission” substitute “CMA”, and

(ii) 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”, and

(c) in sub-paragraphs (4B) to (5C) and (6), for “Competition
45Commission” (in each place where it occurs) substitute “CMA”.

(8) In paragraph 12, in sub-paragraphs (1), (4B), (5), (8) and (9), for
“Competition Commission” substitute “CMA”.

(9) In the italic cross-heading preceding paragraph 13, for “Competition
Commission’s” substitute “CMA’s”.

(10) 5In paragraph 13, in sub-paragraphs (1) to (5), for “Competition Commission”
(in each place where it occurs) substitute “CMA”.

(11) In the italic cross-heading preceding paragraph 14, for “Competition
Commission” substitute “CMA”.

(12) In paragraph 14, in sub-paragraphs (1) to (3) and (5) and (6), for
10“Competition Commission” (in each place where it occurs) substitute
“CMA”.

(13) In paragraph 15—

(a) in sub-paragraphs (2) to (2B) and (2D), for “Competition
Commission” (in each place where it occurs) substitute “CMA”,

(b) 15in sub-paragraph (2F), for “Commission” (in each place where it
occurs) substitute “CMA”,

(c) in sub-paragraph (2G)—

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

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

“(a) 20the words “, OFCOM or the Secretary of State” were
omitted; and

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

(d) in sub-paragraphs (3) and (4), for “Competition Commission” (in
25each place where it occurs) substitute “CMA”.

Utilities Act

82 The Utilities Act 2000 is amended as follows.

83 (1) Section 5 (annual and other reports of Authority) is amended as follows.

(2) 30In subsection (1)(b), for “Competition Commission” substitute “Competition
and Markets Authority”.

(3) Omit subsection (9).

84 Section 104 (specialist members of the Competition Commission) is omitted.

Transport Act

35

85 The Transport Act 2000 is amended as follows.

86 (1) Section 12 (references) is amended as follows.

(2) In subsection (1)—

(a) for “Competition Commission” substitute “Competition and
40Markets Authority (referred to in this Chapter as “the CMA”)”, and

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

(3) In subsections (2), (3) and (5) to (8), for “Commission” (in each place where
it occurs) substitute “CMA”.

(4) After subsection (8) insert—

“(8A) 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 modifications following a report
on a reference, and functions under sections 109 to 115 of the
Enterprise Act 2002, as applied by sections 12B and 18.”

(5) In the heading, for “Competition Commission” substitute “Competition and
10Markets Authority”.

87 In section 12A (references under section 12: time limits), in subsections (2)
and (3), for “Competition Commission” (in each place where it occurs)
substitute “CMA”.

88 In section 12B (references under section 12: application of Enterprise Act
152002), in subsection (4)—

(a) for “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) 20for the words “their functions” there were substituted
“its functions”.”

89 (1) Section 13 (reports on references) is amended as follows.

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

(3) In subsection (1A)—

(a) 25for “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.”.

(4) In subsections (1B) to (2C), for “Competition Commission” (in each place
30where it occurs) substitute “CMA”.

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

90 (1) Section 14 (modification following report) is amended as follows.

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

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

91 (1) Section 15 (power to give direction) is amended as follows.

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

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

(4) In subsection (3)—

(a) 40for “Commission” substitute “CMA”, and

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