Part 2 Amendments to other enactments

Electricity (Northern Ireland) Order 1992 (

)

149 5The Electricity (Northern Ireland) Order 1992 is amended as follows.

150 In article 2 (interpretation), in paragraph (2), before the definition of “the
Department” insert—

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

151 (1) Article 15 (modification references) is amended as follows.

(2) 10In paragraph (1)—

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

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

(3) In paragraph (2)—

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

(b) 15for “the Commission” substitute “the CMA”.

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

(5) In paragraph (5)—

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

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

(6) 20In paragraph (6)—

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

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

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

(8) 25After paragraph (7) insert—

“(7A) The functions of the CMA with respect to a reference under this
article 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 (including
30functions 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 Articles 15B and 17A).”

(9) In paragraph (9), for the words from “members” to the end substitute
“persons to membership of the CMA for the purpose of being available for
35selection as members of a group constituted to carry out functions on behalf
of the CMA with respect to a reference under this Article”.

(10) In paragraph (9A), for “selecting” substitute “constituting”.

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

152 In article 15A (references under article 15: time limits), in paragraphs (2) and
40(3), for “Competition Commission” (in each place where it occurs) substitute
“CMA”.

153 (1) Article 16 (reports on modification references) is amended as follows.

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

(3) In paragraph (1A)—

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

(b) for the words from “in connection with” to the end substitute “by the
5chair of the CMA for the purpose of carrying out the functions of the
CMA with respect to the reference”.

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

154 In article 17 (modification following report), in paragraphs (1) and (5), for
10“Competition Commission” (in each place where it occurs) substitute
“CMA”.

155 (1) Article 17A (power to veto modifications following report) is amended as
follows.

(2) In paragraph (1), for the words from the beginning to “Commission”)”
15substitute “The CMA”.

(3) In paragraphs (2) to (8), (10) to (12), (14) and (16), for “Commission” (in each
place where it occurs) substitute “CMA”.

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

156 In article 18 (modification by order under other statutory provisions), in
20paragraph (1), for “Office of Fair Trading, the Competition Commission”
substitute “CMA”.

157 (1) Article 53 (annual and other reports) is amended as follows.

(2) In paragraph (1)(a)(ii), for “Competition Commission” substitute “CMA’s”.

(3) Omit paragraph (6).

25Gas (Northern Ireland) Order 1996 (

)

158 The Gas (Northern Ireland) Order 1996 is amended as follows.

159 In article 2 (interpretation), in paragraph (2), before the definition of
“construction” insert—

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

160 (1) Article 15 (modification references) is amended as follows.

(2) In paragraph (1)—

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

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

(3) 35In paragraph (2)—

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

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

(4) In paragraph (3)—

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

(b) 40for “the Commission” substitute “the CMA”.

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

(6) In paragraph (6)—

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

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

(7) In paragraph (7)—

(a) 5for “Competition Commission” substitute “CMA”, and

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

(8) In paragraph (8), for “Competition Commission” substitute “CMA”.

(9) After paragraph (8) insert—

“(8A) 10The functions of the CMA with respect to a reference under this
article 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 (including
functions relating to the making of modifications following a report
15on a reference, and functions under sections 109 to 115 of the
Enterprise Act 2002, as applied by Articles 15B and 17A).”

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

161 In article 15A (references under article 15: time limits), in paragraphs (2) and
20(3), for “Competition Commission” (in each place where it occurs) substitute
“CMA”.

162 (1) Article 16 (reports on modification references) is amended as follows.

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

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

163 In article 17 (modification following report), in paragraphs (1) and (5A), for
“Competition Commission” (in each place where it occurs) substitute
“CMA”.

164 (1) Article 17A (power to veto modifications following report) is amended as
35follows.

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

(3) In paragraphs (2) to (10), (13) to (15), (17) and (19), for “Commission” (in each
place where it occurs) substitute “CMA”.

(4) 40In the heading, for “Competition Commission’s” substitute “CMA’s”.

165 In article 18 (modification by order under other statutory provisions), in
paragraph (1), for “Office of Fair Trading, the Competition Commission”
substitute “CMA”.

166 (1) Article 32 (annual and other reports) is amended as follows.

(2) In paragraph (1)(a)(ii), for “Monopolies Commission’s” substitute “CMA’s”.

(3) Omit paragraph (6).

Energy (Northern Ireland) Order 2003 (

5

)

167 The Energy (Northern Ireland) Order 2003 is amended as follows.

168 (1) Article 6 (annual and other reports of the Authority) is amended as follows.

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

(3) 10Omit paragraph (10).

169 In article 38 (modification of licences), in paragraphs (1) and (2), for “, the
Office of Fair Trading or the Competition Commission” (in each place where
those words occur) substitute “or the Competition and Markets Authority”.

170 (1) Schedule 2 (orders altering licensable activities) is amended as follows.

(2) 15In paragraph 1, after sub-paragraph (3), insert—

“(4) In this Schedule, “the CMA” means the Competition and Markets
Authority.”

(3) In paragraph 2—

(a) in sub-paragraph (4), for “Competition Commission” substitute
20“CMA”, and

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

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

(5) 25In paragraph 3—

(a) in sub-paragraph (1)—

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

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

(b) in sub-paragraphs (2), (3), (5) and (6), for “Commission” (in each
30place where it occurs) substitute “CMA”, and

(c) after sub-paragraph (6), insert—

“(7) The functions of the CMA with respect to a reference under
this paragraph (including functions under sections 109 to
115 of the Enterprise Act 2002, as applied by paragraph 5)
35are 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.”

(6) In paragraph 4—

(a) 40in sub-paragraph (2), for “Competition Commission” substitute
“CMA”, and

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

(7) In paragraph 5, in sub-paragraph (4)—

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

(b) for the words from “the words” to the end, substitute “for the words
“, OFCOM or the Secretary of State” there were substituted “or
OFCOM”.

(8) 5In paragraph 6—

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

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

(c) 10in sub-paragraph (4)—

(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

(d) 15in sub-paragraphs (5) to (9) and (11), for “Commission” (in each place
where it occurs) substitute “CMA”.

Water Services etc (Scotland) Act 2005 (Consequential Provisions and Modifications) Order
2005 (

)

171 20The Water Services etc (Scotland) Act 2005 (Consequential Provisions and
Modifications) Order 2005 is amended as follows.

172 In article 2 (interpretation), in paragraph (1), for the definition of “the
Commission” substitute—

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

173 (1) 25Article 3 (references) is amended as follows.

(2) In paragraphs (1), (5) to (9), and (11) and (12), for “Commission” substitute
“CMA”.

(3) After paragraph (12) insert—

“(13) The functions of the CMA with respect to a reference under this
30article 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 (including
functions relating to the making of modifications following a report
on a reference, and functions under sections 109 to 115 of the
35Enterprise Act 2002, as applied by articles 5 and 10).”

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

174 In article 4 (references: time limits), in paragraphs (2) and (3), for
“Commission” (in each place where it occurs) substitute “CMA”.

175 In article 5 (references: powers of investigation), in paragraph (4)(a), for
40paragraph (i) substitute—

“(i) the words “, OFCOM or the Secretary of State” were
omitted;”.

176 (1) Article 6 (consultation on proposals) is amended as follows.

(2) In paragraphs (1) to (3), for “Commission” (in each place where it occurs)
45substitute “CMA”.

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

177 (1) Article 7 (reports on references) is amended as follows.

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

(3) 5In paragraph (6)—

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

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

(4) 10In paragraphs (7) and (8), for “Commission” (in each place where it occurs)
substitute “CMA”.

(5) In paragraph (10), for “Commission’s” substitute “CMA’s”.

(6) In paragraph (12), for “Commission” substitute “CMA”.

178 (1) Article 8 (modifications following report) is amended as follows.

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

(3) In paragraph (2)—

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

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

(4) In paragraph (3), for “Commission’s” substitute “CMA’s”.

(5) 20In paragraph (6), for “Commission” substitute “CMA”.

179 (1) Article 9 (power of veto following report) is amended as follows.

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

(3) In paragraph (4)—

(a) 25for “Commission” (in each place where it occurs) substitute “CMA”,
and

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

(4) In paragraphs (5) to (8), for “Commission” (in each place where it occurs)
30substitute “CMA”.

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

180 (1) Article 10 (article 9: supplementary) is amended as follows.

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

(3) 35In paragraph (6)(a), for paragraph (i) substitute—

“(i) the words “, OFCOM or the Secretary of State” were
omitted;”.

Water and Sewerage Services (Northern Ireland) Order 2006 (

N.I. 21))

181 The Water and Sewerage Services (Northern Ireland) Order 2006 is amended
as follows.

182 5In article 2 (interpretation), in paragraph (2)—

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

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

(b) omit the definition of “the OFT”.

183 (1) Article 19 (determinations under conditions of appointment) is amended as
10follows.

(2) In paragraph (2)—

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

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

(3) In paragraph (3)—

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

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

(4) In paragraph (4)—

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

(b) 20for “the Commission” (in each place where it occurs) substitute “the
CMA”.

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

(6) In paragraph (6)—

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

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

(7) After paragraph (6) insert—

“(7) The functions of the CMA with respect to a reference under this
Article 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
304 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, as applied by paragraph (5) read with Article 27).”

184 (1) Article 21 (modification references) is amended as follows.

(2) 35In paragraph (1)—

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

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

(3) In paragraph (2)—

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

(b) 40for “the Commission” substitute “the CMA”.

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

(5) In paragraph (5)—

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

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

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

(7) After paragraph (6) insert—

“(7) 5The functions of the CMA with respect to a reference under this
Article 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 (including
functions relating to the making of modifications following a report
10on a reference, and functions under sections 109 to 115 of the
Enterprise Act 2002, as applied by Articles 23 and 27).”

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

185 In article 22 (references under article 21: time limits), in paragraphs (2) and
(3), for “Competition Commission” (in each place where it occurs) substitute
15“CMA”.

186 (1) Article 24 (reports on modification references) is amended as follows.

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

(3) In paragraph (2)—

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

(b) 20for 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 in question”.

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

(5) 25In paragraphs (6) and (7), for “Commission” (in each place where it occurs)
substitute “CMA”.

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

187 In article 25 (modifications following report), in paragraphs (1) and (5), for
“Competition Commission” substitute “CMA”.

188 (1) 30Article 26 (power of veto following report) is amended as follows.

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

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

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

189 (1) 35Article 27 (power of veto following report: supplementary) is amended as
follows.

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

(3) In paragraphs (3), (4), (6) and (8), for “Commission” (in each place where it
occurs) substitute “CMA”.

(4) 40In the heading, for “Commission’s” substitute “CMA’s”.

190 In article 28 (modification by order under other statutory provisions), in
paragraph (1)—

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

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

191 5In article 57 (restrictions on disclosure of information), in sub-paragraph (7),
for “Competition Commission” substitute “CMA”.

Legal Services (Scotland) Act

192 The Legal Services (Scotland) Act 2010 is amended as follows.

193 10In section 8 (pre-approval consideration), in subsection (1)(b), for “OFT”
substitute “CMA”.

194 In section 15 (initial considerations), in subsections (1) and (2), for “OFT” (in
each place where it occurs) substitute “CMA”.

195 In section 28 (communicating outside), in subsection (1)(e), for “OFT”
15substitute “CMA”.

196 In section 49 (majority ownership), in subsection (5)(b)(iii), for “OFT”
substitute “CMA”.

197 (1) Section 76 (input) is amended as follows.

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

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

198 In section 92 (certification of bodies), in subsections (4) and (5), for “OFT” (in
each place where it occurs) substitute “CMA”.

199 In section 103 (certification of bodies), in subsections (4) and (5), for “OFT”
25(in each place where it occurs) substitute “CMA”.

200 (1) Section 113 (regard to input) is amended as follows.

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

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

201 30In section 122 (particular rules), in subsection (2), for “OFT” substitute
“CMA”.

202 In section 125 (citizens advice bodies), in subsection (4)(b), for “OFT”
substitute “CMA”.

203 In section 147 (further modification), in subsection (3)(d), for “OFT”
35substitute “CMA”.

204 (1) In section 149 (definitions), in subsection (1)—

(a) after the definition of “the 2007 Act” insert—

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

(b) 40omit the definition of “OFT”.

205 In schedule 2 (directions), in paragraph 4, in sub-paragraph (3), for “OFT” (in
each place where it occurs) substitute “CMA”.

206 In schedule 5 (amendment of authorisation), in paragraph 4, in sub-
paragraph (2)(b)(i), for “OFT” substitute “CMA”.

207 5In schedule 6 (rescission of authorisation), in paragraph 4, in sub-paragraph
(2)(b)(i), for “OFT” substitute “CMA”.

208 In schedule 7 (surrender of authorisation), in paragraph 3, in sub-paragraph
(1)(a)(ii), for “OFT” substitute “CMA”.

209 In schedule 9 (index of expressions used), in the first table, in the column
10headed “Whole Act expressions”—

(a) after the reference to “advocate”, insert a reference to “CMA”;

(b) omit the reference to “OFT”.

Section 23(10)

SCHEDULE 7 Mergers: interim measures

15Interim measures following references under section 22 or 33

1 Part 3 of the 2002 Act (mergers) is amended as follows.

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

(2) In subsection (1), for “Subsections (2) and (3)” substitute “Subsections (2) and
(2A)”.

(3) 20After subsection (2) insert—

“(2A) Where the CMA has reasonable grounds for suspecting that pre-
emptive action has or may have been taken, it may, for the purpose
of restoring the position to what it would have been had the action
not been taken or otherwise for the purpose of mitigating its effects,
25accept from such of the parties concerned as it considers appropriate
undertakings to take such action as it considers appropriate.”

(4) After subsection (2A) insert—

“(2B) A person may, with the consent of the CMA, take action or action of
a particular description where the action would otherwise constitute
30a contravention of an undertaking under this section.”

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

(6) In subsection (5), for “Any other undertaking” substitute “An undertaking”.

(7) Omit subsection (6).

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

(2) 35In subsection (1) for “Subsections (2) and (3)” substitute “Subsections (2) and
(2A)”.