131B Market studies and the making of decisions to refer: time-limits

(1) Where the CMA has published a market study notice in a case to
which section 131A applies, the CMA shall, within the period of 6
months beginning with the date on which it publishes the notice—

(a) 5publish the notice under section 131A(2)(a); and

(b) begin the process of consultation under section 131A(2)(b)
(but the CMA need not complete the process within that
period).

(2) Subsection (3) applies where—

(a) 10the CMA has published a market study notice;

(b) no representation has been made to the CMA within the
period specified in the notice under section 130A(3)(b) to the
effect that a reference under section 131 should be made in
relation to the matter specified in the notice; and

(c) 15the CMA has decided not to make such a reference.

(3) The CMA shall, within the period of 6 months beginning with the
date on which it publishes the market study notice, publish notice of
the decision not to make a reference.

(4) Where the CMA has published a market study notice it shall, within
20the period of 12 months beginning with the date on which it
publishes the notice, prepare and publish a report (referred to in this
Part as a “market study report”) which sets out—

(a) the findings of the CMA in relation to the matter specified in
the notice; and

(b) 25the action (if any) which the CMA proposes to take in relation
to the matter.

(5) In a case to which section 131A applies, the market study report
shall, in particular, contain—

(a) the decision of the CMA to make a reference under section
30131 in relation to the matter specified in the market study
notice, the decision to accept an undertaking under section
154 instead of making such a reference or (as the case may be)
the decision otherwise not to make such a reference;

(b) the CMA’s reasons for the decision; and

(c) 35such information as the CMA considers appropriate for
facilitating a proper understanding of its reasons for the
decision.

(6) Where a market study report contains a decision of the CMA to make
a reference under section 131 in relation to a matter, the CMA shall,
40at the same time as it publishes the report, make the reference.

(7) This section is subject to section 140A (duty of Secretary of State to
refer in public interest intervention cases).

131C Time-limits under section 131B: supplementary

(1) The Secretary of State may by order amend section 131B so as to alter
45one or more of the following periods—

(a) the period of 6 months mentioned in subsection (1) or (3) or
any period for the time being mentioned in either of those
subsections in substitution for that period;

(b) the period of 12 months mentioned in subsection (4) or any
5period for the time being there mentioned in substitution for
that period.

(2) But no alteration may be made by virtue of subsection (1) which
results in—

(a) the period for the time being mentioned in subsection (1) or
10(3) exceeding 6 months; or

(b) the period for the time being mentioned in subsection (4)
exceeding 12 months.

(3) Before making an order under this section the Secretary of State shall
consult the CMA and such other persons as the Secretary of State
15considers appropriate.”

Market investigations and reports

3 (1) Section 137 of the 2002 Act (time-limits for market investigations and
reports) is amended as follows.

(2) In subsection (1), for “two years” substitute “18 months”.

(3) 20After subsection (2) insert—

“(2A) The CMA may extend, by no more than 6 months, the period within
which its report under section 136 is to be prepared and published if
it considers that there are special reasons for doing so.

(2B) An extension under subsection (2A) shall come into force when
25published under section 172.

(2C) No more than one extension is possible under subsection (2A).”

(4) For subsection (3) substitute—

“(3) The Secretary of State may by order amend this section so as to alter
one or more of the following periods—

(a) 30the period of 18 months mentioned in subsection (1) or any
period for the time being there mentioned in substitution for
that period;

(b) the period of 6 months mentioned in subsection (2A) or any
period for the time being there mentioned in substitution for
35that period.”

(5) For subsection (4) substitute—

“(4) But no alteration shall be made by virtue of subsection (3) which
results in—

(a) the period for the time being mentioned in subsection (1)
40exceeding 18 months; or

(b) the period for the time being mentioned in subsection (2A)
exceeding 6 months.”

Remedies implementation

4 In section 138 of the 2002 Act (duty to remedy adverse effects), in subsection
(2), after “shall,” insert “within the period permitted by section 138A,”.

5 After section 138 of that Act insert—

“138A 5 Time-limits for discharging duty under section 138

(1) The CMA shall discharge its duty under section 138(2) within the
period of 6 months beginning with the date on which it publishes the
report concerned under section 136.

(2) The CMA may extend, by no more than 4 months, the period within
10which its duty under section 138(2) is required to be discharged if it
considers that there are special reasons for doing so.

(3) The CMA may extend the period within which its duty under section
138(2) is required to be discharged if it considers that—

(a) a person has failed (whether with or without reasonable
15excuse) to comply with any requirement of a notice under
section 174 which was given in relation to the reference; and

(b) the failure is preventing the CMA from properly discharging
its duty under section 138(2).

(4) An extension under subsection (2) or (3) shall come into force when
20published under section 172.

(5) An extension under subsection (3) continues in force until—

(a) the person concerned provides the information or documents
to the satisfaction of the CMA or (as the case may be) appears
as a witness in accordance with the requirements of the CMA;
25or

(b) the CMA publishes its decision to cancel the extension.

138B Section 138A: supplementary

(1) A period extended under section 138A(2) may also be extended
under section 138A(3), and a period extended under section 138A(3)
30may also be extended under section 138A(2).

(2) No more than one extension is possible under section 138A(2).

(3) Where a period is extended or further extended under section
138A(2) or (3), the period as extended or (as the case may be) further
extended shall, subject to subsections (4) and (5), be calculated by
35taking the period being extended and adding to it the period of the
extension (whether or not those periods overlap in time).

(4) Subsection (5) applies where—

(a) the period within which the CMA shall discharge its duty
under section 138(2) is further extended;

(b) 40the further extension and at least one previous extension is
made under section 138A(3); and

(c) the same days or fractions of days are included in or comprise
the further extension and are included in or comprise at least
one such previous extension.

(5) In calculating the period of the further extension, any days or
fractions of days of the kind mentioned in subsection (4)(c) shall be
disregarded.

(6) The Secretary of State may by order amend section 138A so as to alter
5one or more of the following periods—

(a) the period of 6 months mentioned in subsection (1) or any
period for the time being there mentioned in substitution for
that period;

(b) the period of 4 months mentioned in subsection (2) or any
10period for the time being there mentioned in substitution for
that period.

(7) But no alteration shall be made by virtue of subsection (6) which
results in—

(a) the period for the time being mentioned in section 138A(1)
15exceeding 6 months; or

(b) the period for the time being mentioned in section 138A(2)
exceeding 4 months.

(8) Before making an order under subsection (6) the Secretary of State
shall consult the CMA and such other persons as the Secretary of
20State considers appropriate.”

Time-limits: public interest intervention cases

6 (1) Section 144 of the 2002 Act (time-limits for investigations and reports in
public interest intervention cases) is amended as follows.

(2) In subsection (1), for “two years” substitute “18 months”.

(3) 25After subsection (1A) (inserted by Schedule 10) insert—

“(1B) The CMA may extend, by no more than 6 months, the period within
which its report under section 142 is to be prepared and action is to
be taken in relation to it under section 143(1) or (3) or (as the case may
be 143A(2) or (3) if it considers that there are special reasons for
30doing so.

(1C) An extension under subsection (1B) shall come into force when
published under section 172.

(1D) No more than one extension is possible under subsection (1B).”

(4) In subsection (2)—

(a) 35after “amend” insert “—

(a)”,

(b) for “two years” substitute “18 months”, and

(c) at the end insert “;

(b) subsection (1B) so as to alter the period of 6 months
40mentioned in that subsection or any period for the
time being mentioned in that subsection in
substitution for that period.”

(5) In subsection (3)—

(a) after “results in” insert “—

(a)”, 45

(b) for “two years” substitute “18 months”, and

(c) at the end insert “;or

“(b) the period for the time being mentioned in subsection
(1B) exceeding 6 months.”

5Time-limits: consequential and other minor amendments

7 Part 4 of the 2002 Act (market investigations) is amended as follows.

8 In the heading of that Part, at the beginning insert “Market Studies and”.

9 In the heading of Chapter 1, at the beginning insert “Market Studies and”.

10 (1) Section 132 (ministerial power to make references) is amended as follows.

(2) 10In subsection (1)—

(a) after “services” insert “—

(a)”, and

(b) at the end insert “; and

(b) in a case in which the CMA has published a market
15study notice under section 130A, the period
permitted by section 131B for the preparation and
publication by the CMA of the market study report
has expired.”

(3) In subsection (2)(b), for “to make such a reference” substitute “to publish a
20market study notice in relation to the matter concerned”.

11 In section 135 (variation of references), omit subsection (4).

12 In section 156 (effect of undertakings under section 154), after subsection (2)
insert—

“(3) The expiry of the period mentioned in section 131B(4) does not
25prevent the making of a market investigation reference if the CMA
has accepted an undertaking or group of undertakings under section
154 and—

(a) the CMA considers that any undertaking concerned has been
breached and has given notice of that fact to the person
30responsible for giving the undertaking; or

(b) the person responsible for giving any undertaking concerned
supplied, in connection with the matter, information to the
OFT which was false or misleading in a material respect.”

13 In section 169 (certain duties of relevant authorities to consult: Part 4), in
35subsection (6), in the definition of “relevant decision”—

(a) in paragraph (a), for sub-paragraph (i) substitute—

“(i) to make a reference under section 131 in a case
where the CMA has not published a market
study notice under section 130A in relation to
40the matter concerned;

(ia) as to whether to accept undertakings under
section 154 instead of making any reference
under section 131;”, and

(b) in paragraph (b)(i), omit “as to whether”.

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

(2) In subsection (1), after paragraph (a) insert—

“(aa) any decision not to make a reference under section 131
following a consultation in relation to the matter concerned
5under section 169;”.

(3) In subsection (2)—

(a) before paragraph (a) insert—

“(za) any extension by it under section 137 of the period
within which a report under section 136 is to be
10prepared and published;

(zb) any extension by it under section 138A of the period
within which its duty under section 138(2) is to be
discharged;”, and

(b) after paragraph (b) insert—

“(ba) 15any extension by it under section 144 of the period
within which a report under section 142 is to be
prepared and action is to be taken in relation to it;”.

(4) After subsection (7) insert—

“(7A) Subsection (6) shall not apply in relation to any case falling within
20subsection (1)(a).”

15 In section 179 (review of decisions under Part 4), in subsection (2), before
paragraph (a) insert—

“(za) does not include a decision whether to carry out functions
under section 5 in a case where the CMA is, or would have
25been, required to publish a market study notice (see section
130A(1));”.

16 (1) Section 181 (orders under Part 4) is amended as follows.

(2) In subsection (3), for “136(9), 137(3)” substitute “131C(1), 136(9), 137(3),
138B(6)”.

(3) 30In subsection (4), for “137(3)” substitute “131C(1), 137(3), 138B(6)”.

17 In section 184 (index of defined expressions in Part 4), after the entry in the
table for “market investigation reference” insert—

Section 34

35SCHEDULE 13 Extension of powers to issue warrants under the 1998 Act to CAT

1 The 1998 Act is amended as follows.

2 (1) Section 28 (power to enter business premises under a warrant) is amended
as follows.

(2) In subsection (1), for the words before paragraph (a) substitute “On an
application made to it by the CMA, the court or the Tribunal may issue a
warrant if it is satisfied that—”.

(3) In subsection (3), for “the judge” substitute “the court or (as the case may be)
5the Tribunal”.

(4) After subsection (7) insert—

“(7A) An application for a warrant under this section must be made—

(a) in the case of an application to the court, in accordance with
rules of court;

(b) 10in the case of an application to the Tribunal, in accordance
with Tribunal rules.”

3 (1) Section 28A (power to enter domestic premises under a warrant) is amended
as follows.

(2) In subsection (1), for the words before paragraph (a) substitute “On an
15application made to it by the CMA, the court or the Tribunal may issue a
warrant if it is satisfied that—”.

(3) In subsection (3), for “the judge” substitute “the court or (as the case may be)
the Tribunal”.

(4) After subsection (8) insert—

“(8A) 20An application for a warrant under this section must be made—

(a) in the case of an application to the court, in accordance with
rules of court;

(b) in the case of an application to the Tribunal, in accordance
with Tribunal rules.”

4 25In section 61 (interpretation of Part 2), after the definition of “the Treaty”
insert—

• ““the Tribunal” means the Competition Appeal Tribunal;”

• “Tribunal rules” means rules under section 15 of the Enterprise
  Act 2002.””.

5 (1) 30Section 62 (power to enter business premises under a warrant: Article 20
inspections) is amended as follows.

(2) In subsection (1), for the words before paragraph (a) substitute “On an
application made to it by the CMA, the High Court or the Tribunal must
issue a warrant if it is satisfied that—”.

(3) 35After subsection (8) insert—

“(8A) An application for a warrant under this section must be made—

(a) in the case of an application to the High Court, in accordance
with rules of court;

(b) in the case of an application to the Tribunal, in accordance
40with Tribunal rules.”

6 (1) Section 62A (power to enter non-business premises under a warrant: Article
21 inspections) is amended as follows.

(2) In subsection (1), for the words before paragraph (a) substitute “On an
application made to it by the CMA, the High Court or the Tribunal must
issue a warrant if it is satisfied that—”.

(3) After subsection (10) insert—

“(10A) 5An application for a warrant under this section must be made—

(a) in the case of an application to the High Court, in accordance
with rules of court;

(b) in the case of an application to the Tribunal, in accordance
with Tribunal rules.”

7 (1) 10Section 63 (power to enter business premises under a warrant: Article 22(2)
inspections) is amended as follows.

(2) In subsection (1), for the words before paragraph (a) substitute “On an
application made to it by the CMA, the High Court or the Tribunal must
issue a warrant if it is satisfied that—”.

(3) 15After subsection (8) insert—

“(8A) An application for a warrant under this section must be made—

(a) in the case of an application to the High Court, in accordance
with rules of court;

(b) in the case of an application to the Tribunal, in accordance
20with Tribunal rules.”

8 In section 65C (interpretation of Part 2A), in subsection (2), after the entry for
“the Treaty” (but before the “and” following it) insert—

• ““the Tribunal;”

• “Tribunal rules;””.

9 (1) 25Section 65G (power to enter business premises under a warrant: Article 22(1)
investigations) is amended as follows.

(2) In subsection (1), for the words before paragraph (a) substitute “On an
application made to it by the CMA, the court or the Tribunal may issue a
warrant if it is satisfied that—”.

(3) 30In subsection (3), for “the judge” substitute “the court or (as the case may be)
the Tribunal”.

(4) After subsection (8) insert—

“(8A) An application for a warrant under this section must be made—

(a) in the case of an application to the court, in accordance with
35rules of court;

(b) in the case of an application to the Tribunal, in accordance
with Tribunal rules.”

10 (1) Section 65H (power to enter domestic premises under a warrant: Article
22(1) investigations) is amended as follows.

(2) 40In subsection (1), for the words before paragraph (a) substitute “On an
application made to it by the CMA, the court or the Tribunal may issue a
warrant if it is satisfied that—”.

(3) In subsection (3), for “the judge” substitute “the court or (as the case may be)
the Tribunal”.

(4) After subsection (8) insert—

“(8A) An application for a warrant under this section must be made—

(a) in the case of an application to the court, in accordance with
rules of court;

(b) 5in the case of an application to the Tribunal, in accordance
with Tribunal rules.”

Section 44(5)

SCHEDULE 14 Regulators: use of powers under the 1998 Act

Gas Act 1986 (c. 44)Gas Act 1986 (c. 44)

1 10The Gas Act 1986 is amended as follows.

2 (1) Section 28 (orders for securing compliance) is amended as follows.

(2) In subsections (1), (2) and (4), for “(5) and” (in each place where it occurs)
substitute “(4A) to”.

(3) After subsection (4) insert—

“(4A) 15Before making a final order or making or confirming a provisional
order, the Authority shall consider whether it would be more
appropriate to proceed under the Competition Act 1998.

(4B) The Authority shall not make a final order or make or confirm a
provisional order if it considers that it would be more appropriate to
20proceed under the Competition Act 1998.”

(4) In subsection (5), omit paragraph (c) and the “or” preceding it.

(5) In subsection (6)—

(a) in the words before paragraph (a), after “the Authority” insert
“decides that it would be more appropriate to proceed under the
25Competition Act 1998 or”, and

(b) in paragraph (a), after “that it” insert “has so decided or”.

3 In section 30A (penalties), for subsection (2) substitute—

“(2) Before imposing a penalty on a regulated person under
subsection (1), the Authority shall consider whether it would be
30more appropriate to proceed under the Competition Act 1998.

(2A) The Authority shall not impose a penalty on a regulated person
under subsection (1) if it considers that it would be more appropriate
to proceed under the Competition Act 1998.”

Electricity Act 1989 (c. 29)Electricity Act 1989 (c. 29)

4 35The Electricity Act 1989 is amended as follows.

5 (1) Section 25 (orders for securing compliance) is amended as follows.

(2) In subsections (1), (2) and (4), for “(5) and” (in each place where it occurs)
substitute “(4A) to”.

(3) After subsection (4) insert—

“(4A) Before making a final order or making or confirming a provisional
order, the Authority shall consider whether it would be more
appropriate to proceed under the Competition Act 1998.

(4B) 5The Authority shall not make a final order or make or confirm a
provisional order if it considers that it would be more appropriate to
proceed under the Competition Act 1998.”

(4) In subsection (5), omit paragraph (d) and the “or” preceding it.

(5) In subsection (6)—

(a) 10in the words before paragraph (a), after “the Authority” insert
“decides that it would be more appropriate to proceed under the
Competition Act 1998 or”, and

(b) in paragraph (a), after “that it” insert “has so decided or”.

6 In section 27A (penalties), for subsection (2) substitute—

“(2) 15Before imposing a penalty on a regulated person under
subsection (1), the Authority shall consider whether it would be
more appropriate to proceed under the Competition Act 1998.

(2A) The Authority shall not impose a penalty on a regulated person
under subsection (1) if it considers that it would be more appropriate
20to proceed under the Competition Act 1998.”

7 In section 43 (functions with respect to competition), in subsection (6), for the
words from the beginning to “(3) above” substitute “If any question arises as
to whether subsection (2) or (3) above applies to any particular case”.

Water Industry Act 1991 (c. 56)Water Industry Act 1991 (c. 56)

8 25The Water Industry Act 1991 is amended as follows.

9 (1) Section 19 (exception to duty to enforce) is amended as follows.

(2) For subsection (1A) substitute—

“(1A) Before making an enforcement order or confirming a provisional
enforcement order, the Authority shall consider whether it would be
30more appropriate to proceed under the Competition Act 1998.

(1B) The Authority shall not make an enforcement order or confirm a
provisional enforcement order if it considers that it would be more
appropriate to proceed under the Competition Act 1998.”

(3) In subsection (3)—

(a) 35in the words before paragraph (a), for “is satisfied as mentioned in
subsection (1A) above” substitute “has decided that it would be more
appropriate to proceed under the Competition Act 1998”, and

(b) in paragraph (a), after “satisfied” insert “or has so decided”.

10 In section 22A (penalties), for subsection (13) substitute—

“(13) 40Before imposing a penalty under this section, the Authority shall
consider whether it would be more appropriate to proceed under the
Competition Act 1998.