Enterprise and Regulatory Reform Bill (HC Bill 61)

(3) After subsection (4) insert—

“(4A) 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 changes following a report on a
reference, and functions under sections 109 to 115 of the Enterprise
Act 2002, as applied by paragraph 10 of Schedule 10).”

(4) In subsections (5) and (7), for “Competition Commission” (in each place
10where it occurs) substitute “CMA”.

136 (1) Section 149 (electronic communications) is amended as follows.

(2) In subsection (2)—

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

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

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

137 In section 150 (interpretation etc. of Part 3), in subsection (1), after the
definition of “anti-competitive behaviour” insert—

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

138 (1) 20Schedule 10 (references by Monitor under section 101 or 142) is amended as
follows.

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

(3) In paragraph 1—

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

(b) in sub-paragraph (2), for “the Commission” substitute “the CMA”.

(4) In paragraph 2, for “Competition Commission” substitute “CMA”.

(5) In paragraph 4—

(a) in sub-paragraph (1)—

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

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

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

(6) In paragraph 5—

(a) 35in sub-paragraph (1), for “Competition Commission” substitute
“CMA”,

(b) in sub-paragraph (3), for “Commission” substitute “CMA”, and

(c) in sub-paragraph (4), for “Competition Commission” substitute
“CMA”.

(7) 40In paragraph 6—

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

(b) in sub-paragraph (2)—

(i) for “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-paragraph (4), for “Commission” substitute “CMA”.

(8) 5In paragraph 7, in sub-paragraphs (1) and (8), for “Competition
Commission” (in each place where it occurs) substitute “CMA”.

(9) In the italic cross-heading preceding paragraph 8, for “Competition
Commission’s” substitute “CMA’s”.

(10) In paragraph 8—

(a) 10in sub-paragraph (1), for “Competition Commission” substitute
“CMA”, and

(b) in sub-paragraphs (3) to (5), (7), (8) and (10) to (12), for “Commission”
(in each place where it occurs) substitute “CMA”.

(11) In paragraph 9—

(a) 15in sub-paragraph (1), for “Competition Commission” substitute
“CMA”, and

(b) in sub-paragraphs (2) and (3), for “Commission” (in each place where
it occurs) substitute “CMA”.

(12) In paragraph 10, in sub-paragraph (2), for “Competition Commission”
20substitute “CMA”.

139 (1) Schedule 12 (procedure on references under section 120) is amended as
follows.

(2) In paragraph 2, in sub-paragraph (1), for “Competition Commission”
substitute “CMA”.

(3) 25In the italic cross-heading preceding paragraph 3, for “Commission”
substitute “CMA”.

(4) In paragraph 3—

(a) omit sub-paragraph (1),

(b) in sub-paragraph (2)—

(i) 30for “selected under this paragraph” substitute “constituted
by the chair of the CMA under Schedule 4 to the Enterprise
and Regulatory Reform Act 2012 for the purpose of carrying
out functions of the CMA with respect to a reference under
section 120”, and

(ii) 35for “Commission” substitute “CMA panel”,

(c) omit sub-paragraphs (3) to (6), and

(d) in sub-paragraph (7), for “a group” substitute “the group”.

(5) In paragraph 4—

(a) in sub-paragraph (1), for the words from the beginning to “the
40determination” substitute “The CMA must make its determination
on a reference”,

(b) in sub-paragraph (2), for “that group” substitute “the CMA”, and

(c) in sub-paragraph (3), for “Competition Commission” substitute
“CMA”.

(6) 45In paragraph 5, in sub-paragraph (1)—

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

(b) for “of the appeal” substitute “on a reference”.

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

(8) In paragraph 7—

(a) in sub-paragraph (1), for “a group with the function of making a
determination on a reference under section 120” substitute “the
CMA”,

(b) 10in sub-paragraph (2), for “A group with that function” substitute
“The CMA”,

(c) in sub-paragraph (3), for “Competition Commission” substitute
“CMA”,

(d) in sub-paragraph (4)—

(i) 15for “Competition Commission” substitute “CMA”, and

(ii) in paragraph (b), after “evidence” insert “to it” and omit “to a
group with that function”,

(e) in sub-paragraph (5), for “group conducting the hearing” substitute
“CMA”,

(f) 20in sub-paragraph (8)—

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

(ii) in paragraph (b), for “group conducting the hearing”
substitute “CMA”, and

(g) 25in sub-paragraph (9), for “Competition Commission” substitute
“CMA”.

(9) In paragraph 8, in sub-paragraph (1)—

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

(b) for “a group with the function of making a determination on a
30reference under section 120” substitute “the CMA”.

(10) In paragraph 9, in sub-paragraph (2), for “Commission” substitute “group
constituted for the purpose of carrying out functions of the CMA with
respect to the reference to which the notice or requirement relates”.

(11) In paragraph 10, in sub-paragraph (2) for the words from “Competition
35Commission’s” to the end substitute “CMA’s behalf by a member of the
group constituted for the purpose of carrying out functions of the CMA with
respect to the reference to which the notice relates”.

(12) In paragraph 11—

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

(b) in sub-paragraphs (4) and (5), for “Commission” substitute “CMA
Board”.

(13) In paragraph 12—

(a) for sub-paragraph (1) substitute—

“(1) 45Where the CMA makes a determination on a reference
under section 120 it must make an order requiring the

payment to it of the costs it incurred in connection with the
reference.”, and

(b) in sub-paragraph (5)—

(i) for “The group that makes a determination on a reference
5under section 120” substitute “The CMA”, and

(ii) for “the determination” substitute “a determination on a
reference under section 120”.

Civil Aviation Act 2012

140 The Civil Aviation Act 2012 is amended as follows.

141 (1) 10Section 24 (appeals: conditions of new licences) is amended as follows.

(2) In subsections (1), (3) and (5), for “Competition Commission” (in each place
where it occurs) substitute “Competition and Markets Authority”.

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

142 (1) 15Section 25 (appeals: modification of licence conditions) is amended as
follows.

(2) In subsections (1), (3), (5) and (7), for “Competition Commission” (in each
place where it occurs) substitute “Competition and Markets Authority”.

(3) In the heading, for “Competition Commission” substitute “Competition and
20Markets Authority”.

143 In section 26 (when appeals may be allowed), for “Competition
Commission” substitute “Competition and Markets Authority”.

144 (1) Section 27 (determination of appeal) is amended as follows.

(2) In subsection (1) for “Competition Commission” substitute “Competition
25and Markets Authority”.

(3) In subsection (2)—

(a) for “Competition Commission” substitute “Competition and
Markets Authority”, and

(b) for “the Commission” substitute “the Competition and Markets
30Authority”.

(4) In subsection (4)—

(a) for “Competition Commission” substitute “Competition and
Markets Authority”, and

(b) for “the Commission” substitute “the Competition and Markets
35Authority”.

(5) In subsection (5), for “Competition Commission” substitute “Competition
and Markets Authority”.

145 (1) Section 28 (determination of appeal: time limits) is amended as follows.

(2) In subsections (1), (3) and (4), for “Competition Commission” (in each place
40where it occurs) substitute “Competition and Markets Authority”.

(3) In subsection (5)—

(a) for “Competition Commission” substitute “Competition and
Markets Authority”, and

(b) for “the Commission” substitute “the Competition and Markets
Authority”.

(4) 5In subsections (6) to (8), for “Competition Commission” (in each place where
it occurs) substitute “Competition and Markets Authority”.

146 (1) Section 29 (determination of appeal: publication etc) is amended as follows.

(2) In subsection (1)—

(a) for “Competition Commission” substitute “Competition and
10Markets Authority”, and

(b) for “the Commission” substitute “the Competition and Markets
Authority”.

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

(4) 15In subsection (5)—

(a) for “Competition Commission” substitute “Competition and
Markets Authority” and

(b) for “Commission’s opinion” (in each place where those words occur)
substitute “opinion of the Competition and Markets Authority”.

147 (1) 20Section 30 (procedure on appeals) is amended as follows.

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

(3) For subsection (4), substitute—

“(4) Except where specified otherwise in Schedule 2, the functions of the
25Competition and Markets Authority with respect to an appeal under
section 24 or 25 are to be carried out on behalf of the Competition and
Markets Authority by a group constituted for the purpose, by the
chair of the Competition and Markets Authority, under Schedule 4 to
the Enterprise and Regulatory Reform Act 2012.”

148 (1) 30Schedule 2 (appeals under sections 24 and 25) is amended as follows.

(2) In paragraph 2—

(a) in sub-paragraph (1)—

(i) for “Competition Commission’s decision” substitute
“decision of the Competition and Markets Authority”, and

(ii) 35for “the Commission” substitute “the Competition and
Markets Authority”,

(b) in sub-paragraphs (5) and (6), for “Competition Commission” (in
each place where it occurs) substitute “Competition and Markets
Authority”,

(c) 40in sub-paragraph (7), for “The Competition Commission” substitute
“An authorised member of the Competition and Markets Authority”,
and

(d) in sub-paragraph (8), in paragraph (d), for “Commission” substitute
“authorised member”.

(3) In paragraph 3, in sub-paragraph (1), for “Competition Commission”
substitute “Competition and Markets Authority”.

(4) In paragraph 4—

(a) in sub-paragraph (1), for “Competition Commission” substitute
5“Competition and Markets Authority”,

(b) in sub-paragraph (2), for “on which the Competition Commission
publishes its” substitute “of publication of the Competition and
Markets Authority’s”, and

(c) in sub-paragraph (3), for “Competition Commission” substitute
10“Competition and Markets Authority”.

(5) In paragraph 5—

(a) in sub-paragraph (1)—

(i) for “Competition Commission’s decision” substitute
“decision of the Competition and Markets Authority”, and

(ii) 15for “the Commission” substitute “the Competition and
Markets Authority”,

(b) in sub-paragraph (2), for “Competition Commission” substitute
“Competition and Markets Authority”,

(c) in sub-paragraph (4), for “The Competition Commission must”
20substitute “An authorised member of the Competition and Markets
Authority must”, and

(d) in sub-paragraph (5), in paragraph (d), for “Commission” substitute
“authorised member”.

(6) In paragraph 6, in sub-paragraph (3), for “Competition Commission”
25substitute “Competition and Markets Authority”.

(7) In paragraph 7, in sub-paragraph (3), for “Competition Commission”
substitute “Competition and Markets Authority”.

(8) In paragraph 8, in sub-paragraph (1), for “Competition Commission”
substitute “Competition and Markets Authority”.

(9) 30In paragraph 9, in sub-paragraph (3), for “Competition Commission’s
decision” substitute “decision of the Competition and Markets Authority”.

(10) In paragraph 10—

(a) in sub-paragraph (1)—

(i) for “Competition Commission’s functions” substitute
35“functions of the Competition and Markets Authority”, and

(ii) for “the Commission” substitute “the Competition and
Markets Authority”,

(b) in sub-paragraph (2), for “Competition Commission” substitute
“Competition and Markets Authority”, and

(c) 40in sub-paragraph (4)—

(i) for “The Competition Commission” substitute “An
authorised member of the Competition and Markets
Authority”, and

(ii) for first “it” substitute “he or she”.

(11) 45In paragraph 11, in sub-paragraph (1), for “Competition Commission”
substitute “Competition and Markets Authority”.

(12) In paragraph 12, in sub-paragraph (3), for “Competition Commission’s
decision” substitute “decision of the Competition and Markets Authority”.

(13) In paragraph 13—

(a) in sub-paragraph (1)—

(i) 5for “Competition Commission’s functions” substitute
“functions of the Competition and Markets Authority”, and

(ii) for “the Commission” substitute “the Competition and
Markets Authority”,

(b) in sub-paragraph (2), for “Competition Commission” substitute
10“Competition and Markets Authority”, and

(c) in sub-paragraph (4)—

(i) for “The Competition Commission” substitute “An
authorised member of the Competition and Markets
Authority”, and

(ii) 15for first “it” substitute “he or she”.

(14) In paragraph 14—

(a) in sub-paragraph (1), for “The Competition Commission must”
substitute “An authorised member of the Competition and Markets
Authority must”,

(b) 20in sub-paragraph (2), for “the Competition Commission must
comply with sub-paragraph (1)” substitute “the requirements of sub-
paragraph (1) must be complied with”,

(c) in sub-paragraph (3), for “The Competition Commission must”
substitute “An authorised member of the Competition and Markets
25Authority must”, and

(d) in sub-paragraph (4), in paragraph (d), for “Commission” substitute
“authorised member”.

(15) In paragraph 15—

(a) in sub-paragraph (1), for “Competition Commission” substitute
30“Competition and Markets Authority”, and

(b) in sub-paragraph (4), in paragraph (a), for “the Competition
Commission” substitute “an authorised member of the Competition
and Markets Authority”.

(16) In paragraph 16—

(a) 35omit sub-paragraph (1),

(b) in sub-paragraph (2)—

(i) for “The group” substitute “A group constituted by the chair
of the Competition and Markets Authority, under Schedule 4
to the Enterprise and Regulatory Reform Act 2012, for the
40purpose of carrying out functions of the Competition and
Markets Authority with respect to an appeal under section 24
or 25”, and

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

(c) omit sub-paragraphs (3) and (4).

(17) 45Omit paragraph 17.

(18) In paragraph 18, in sub-paragraph (1), for “Competition Commission”
substitute “Competition and Markets Authority”.

(19) In paragraph 19—

(a) in sub-paragraph (1)—

(i) for “A group with the function of determining an appeal”
substitute “The Competition and Markets Authority”,

(ii) 5for “the appeal” substitute “an appeal”, and

(iii) for “Competition Commission” substitute “Competition and
Markets Authority”,

(b) In sub-paragraph (3)—

(i) for “A group with the function of determining an appeal”
10substitute “The Competition and Markets Authority”, and

(ii) for “the appeal” substitute “an appeal”, and

(c) in sub-paragraph (4)—

(i) for “A group with the function of determining an appeal”
substitute “The Competition and Markets Authority”, and

(ii) 15for “the appeal” substitute “an appeal”.

(20) In paragraph 20, in sub-paragraph (1), for “Competition Commission”
substitute “Competition and Markets Authority”.

(21) In paragraph 21—

(a) in sub-paragraphs (1) and (2), for “Competition Commission” (in
20each place where it occurs) substitute “Competition and Markets
Authority”,

(b) in sub-paragraph (3), for “Competition Commission’s decision”
substitute “decision of the Competition and Markets Authority”,

(c) in sub-paragraph (4)—

(i) 25for “Competition Commission’s decision” substitute
“decision of the Competition and Markets Authority”, and

(ii) for “the Commission” substitute “the Competition and
Markets Authority”,

(d) in sub-paragraphs (5) and (6), for “Competition Commission” (in
30each place where it occurs) substitute “Competition and Markets
Authority”,

(e) in sub-paragraph (7)—

(i) for “Competition Commission’s decision” substitute
“decision of the Competition and Markets Authority”, and

(ii) 35for “Commission” (in each place where it occurs) substitute
“Competition and Markets Authority”, and

(f) in sub-paragraph (9)—

(i) for “Competition Commission’s decision” substitute
“decision of the Competition and Markets Authority”, and

(ii) 40for “Commission” (in each place where it occurs) substitute
“Competition and Markets Authority”.

(22) In paragraph 22, in sub-paragraph (1), for “Competition Commission”
substitute “Competition and Markets Authority”.

(23) In paragraph 23—

(a) 45in sub-paragraph (1)—

(i) for “Competition Commission” substitute “Competition and
Markets Authority”, and

(ii) for “the Commission” substitute “the Competition and
Markets Authority”, and

(b) in sub-paragraph (4), for the words from “on the” to the end
substitute “on behalf of the Competition and Markets Authority by
5an authorised member of the Competition and Markets Authority”.

(24) In paragraph 24—

(a) in sub-paragraph (1), for “Competition Commission” (in each place
where it occurs) substitute “Competition and Markets Authority”,

(b) in sub-paragraph (3), for “The Competition Commission” substitute
10“An authorised member of the Competition and Markets Authority”,

(c) in sub-paragraph (7), in paragraph (a), for “the Competition
Commission is not required” substitute “there is no requirement”,

(d) in sub-paragraph (9), for “the Competition Commission must pay
the person” substitute “an authorised member of the Competition
15and Markets Authority must arrange for the person to be paid”, and

(e) in sub-paragraph (10), for the words from “on the” to the end
substitute “on behalf of the Competition and Markets Authority by
an authorised member of the Competition and Markets Authority”.

(25) In paragraph 25—

(a) 20in sub-paragraph (1), for “Competition Commission” (in each place
where it occurs) substitute “Competition and Markets Authority”,
and

(b) in sub-paragraph (5), for the words from “on the” to the end
substitute “on behalf of the Competition and Markets Authority by
25an authorised member of the Competition and Markets Authority”.

(26) In paragraph 26, for “Competition Commission” substitute “Competition
and Markets Authority”.

(27) In paragraph 27, in sub-paragraph (2), for “A member of the Competition
Commission” substitute “An authorised member of the Competition and
30Markets Authority”.

(28) In paragraph 29—

(a) in sub-paragraphs (1) to (4), for “the Competition Commission” (in
each place where it occurs) substitute “the Competition and Markets
Authority”,

(b) 35after sub-paragraph (4), insert—

“(4A) For the purposes of sub-paragraphs (1) to (4), the consent
of the Competition and Markets Authority is to be given by
an authorised member of the Competition and Markets
Authority.”, and

(c) 40in sub-paragraph (6), for “Competition Commission” substitute
“Competition and Markets Authority”.

(29) In paragraph 30, in sub-paragraphs (1), (5) and (6), for “Competition
Commission” (in each place where it occurs) substitute “CMA Board”.

(30) In paragraph 31—

(a) 45in sub-paragraph (1)—

(i) for “Competition Commission” substitute “Competition and
Markets Authority”, and

(ii) for “the Commission” substitute “the Competition and
Markets Authority”,

(b) in sub-paragraph (2)—

(i) for “Competition Commission” substitute “Competition and
5Markets Authority”, and

(ii) for “the Commission” substitute “the Competition and
Markets Authority”, and

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

(31) 10In paragraph 33—

(a) for “Competition Commission” substitute “Competition and
Markets Authority or a member of the Competition and Markets
Authority”, and

(b) “it must publish or send it” substitute “it must be published or sent”.

(32) 15In paragraph 34, in sub-paragraph (1)—

(a) for the definition of “authorised member of the Competition
Commission” substitute—

• ““authorised member of the Competition and Markets
  Authority—

  (a)

  20in relation to a power exercisable in
  connection with an appeal or application or
  direction in respect of which a group has been
  constituted by the chair of the Competition
  and Markets Authority under Schedule 4 to
  25the Enterprise and Regulatory Reform Act
  2012, means a member of that group who has
  been authorised by the chair of the
  Competition and Markets Authority to
  exercise that power;

  (b)

  30in relation to a power exercisable in
  connection with an application for permission
  to bring an appeal, or otherwise in connection
  with an appeal or application or direction in
  respect of which a group has not been so
  35constituted by the chair of the Competition
  and Markets Authority, means—

  (i)

  any member of the CMA Board who is
  also a member of the CMA panel, or

  (ii)

  any member of the CMA panel
  40authorised by the Secretary of State
  (whether generally or specifically) to
  exercise the power in question.”,

(b) omit the definition of “Chairman”,

(c) omit the definition of “a group”, and

(d) 45before the definition of “intervener” insert—

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