(3) In working out when the time limit set by section 123(1)(a) or 129(3)
or (4) expires the period beginning with the day after Day A and
ending with Day B is not to be counted.

(4) If the time limit set by section 123(1)(a) or 129(3) or (4) would (if not
5extended by this subsection) expire during the period beginning
with Day A and ending one month after Day B, the time limit expires
instead at the end of that period.

(5) The power conferred on the employment tribunal by subsection
(1)(b) of section 123 to extend the time limit set by subsection (1)(a)
10of that section is exercisable in relation to that time limit as extended
by this section.”

Section 14

SCHEDULE 3 Financial penalties: minor and consequential amendments

Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)1992 (c. 52)

1 15In section 138 of the Trade Union and Labour Relations (Consolidation) Act
1992 (refusal of service of employment agency on grounds related to union
membership), after subsection (2) insert—

“(2A) Section 12A of the Employment Tribunals Act 1996 (financial
penalties) applies in relation to a complaint under this section as it
20applies in relation to a claim involving an employer and a worker
(reading references to an employer as references to the employment
agency and references to a worker as references to the complainant).”

Employment Tribunals Act 1996 (c. 17)1996 (c. 17)

2 The Employment Tribunals Act 1996 is amended as follows.

3 25Before section 13 insert—

4 (1) In section 41 (orders, regulations and rules), in subsection (2) (orders etc
subject to affirmative resolution procedure), after “4(4) or (6D)” insert
“, 12A(9)”.

(2) If this paragraph comes into force before section 10, sub-paragraph (1) has
30effect as if “4(4)” were substituted for “4(4) or (6D)”.

Employment Rights Act 1996 (c. 18)1996 (c. 18)

5 In section 201 of the Employment Rights Act 1996 (power to extend
employment legislation to offshore employment), after subsection (3)
insert—

“(3A) 35Where an Order in Council under this section confers jurisdiction on
an employment tribunal, the jurisdiction conferred includes power
to make an order under section 12A of the Employment Tribunals
Act 1996 (financial penalties), and that section applies accordingly.”

Agency Workers Regulations 2010 (S.I. 2010/93S.I. 2010/93)

6 In regulation 18 of the Agency Workers Regulations 2010 (complaints to
employment tribunals etc), after paragraph (14) insert—

“(14A) In relation to an infringement or breach for which a tribunal orders a
5respondent to pay compensation under paragraph (8)(b), the
tribunal may order the respondent also to pay a penalty under
section 12A of the Employment Tribunals Act 1996 only if the
tribunal decides not to exercise the power under paragraph (14) to
make an additional award of compensation against the respondent.”

Section 19(4)

10SCHEDULE 4 The Competition and Markets Authority

Part 1 General

Membership

1 (1) 15The CMA is to consist of—

(a) a person appointed by the Secretary of State to chair the CMA and
the CMA Board (the “chair”), and

(b) other persons appointed by the Secretary of State to membership
of—

(i) 20the CMA Board (see Part 2);

(ii) the CMA panel (see Part 3);

(iii) both the CMA Board and the CMA panel.

(2) The Secretary of State must consult the chair before making an appointment
under sub-paragraph (1)(b).

(3) 25At least five of the members appointed under sub-paragraph (1)(b) must be
appointed to membership of the CMA Board.

(4) At least one of the members appointed under sub-paragraph (1)(b) must be
appointed to membership of the CMA Board and to membership of the
CMA panel.

(5) 30Of the persons appointed to membership of the CMA Board under sub-
paragraph (1)(b), no more than half may be members of staff of the CMA.

(6) In this Schedule, references to members of the CMA are to persons
appointed under sub-paragraph (1).

(7) A person holding office as a member of the Competition Appeal Tribunal is
35ineligible for appointment under this paragraph.

Terms and conditions

2 (1) The members of the CMA are to hold and vacate office in accordance with
the terms and conditions of their appointments.

(2) Those terms and conditions are to be determined by the Secretary of State.

Term of appointment

3 (1) Appointment to membership of the CMA Board under paragraph 1(1)(b) is
to be for a term of not more than five years.

(2) 5Appointment to membership of the CMA panel under paragraph 1(1)(b) is
to be for a term of not more than eight years.

(3) Appointment as the chair is to be for a term of not more than five years.

Re-appointment

4 (1) A person who has been appointed to membership of the CMA panel may be
10re-appointed to membership of the CMA panel only for the purpose of
continuing to act as a member of a group constituted under paragraph 36
before the expiry of his or her term of office.

(2) Subject to sub-paragraph (1), a person’s previous appointment under
paragraph 1 does not affect eligibility for a subsequent appointment under
15that paragraph.

Remuneration etc of members

5 (1) The CMA must pay to its members such remuneration, allowances and
expenses as the Secretary of State may determine.

(2) The CMA must pay or make provision for the payment of such pension,
20allowances or gratuities as the Secretary of State may determine to or in
respect of a current or former member.

(3) If a person ceases to hold an office to which he or she has been appointed
under paragraph 1, and the Secretary of State decides that there are special
circumstances which mean that the person should be compensated, the
25CMA must pay compensation to the person of such amount as the Secretary
of State may determine.

Resignation

6 (1) The chair may at any time resign from membership of the CMA by giving
written notice to this effect to the Secretary of State.

(2) 30A person who is a member of either the CMA Board or the CMA panel (but
not of both) may at any time resign from membership of the CMA by giving
written notice to this effect to the Secretary of State.

(3) A person who is a member of both the CMA Board and the CMA panel may
at any time, by giving written notice to this effect to the Secretary of State—

(a) 35resign from membership of either the CMA Board or the CMA panel,
or

(b) resign from membership of the CMA.

Termination of membership

7 The Secretary of State may at any time remove a person from office as a
40member of the CMA on any of the following grounds—

(a) incapacity;

(b) misbehaviour;

(c) failure to carry out his or her duties.

Status

8 5The CMA is to perform its functions on behalf of the Crown.

Chief executive and other staff

9 (1) The CMA is to have a chief executive appointed by the Secretary of State (the
“chief executive”).

(2) The chief executive may also be a member of the CMA, but must not be—

(a) 10the chair, or

(b) a member of the CMA panel.

(3) Before appointing the chief executive, the Secretary of State must consult the
chair.

(4) The appointment—

(a) 15is to be for a term of not more than five years;

(b) subject to that, is to be on such terms and conditions as the Secretary
of State considers fit.

(5) The chief executive holds that office as a member of the staff of the CMA.

(6) A previous appointment as chief executive does not affect a person’s
20eligibility for re-appointment.

10 (1) The CMA may appoint other members of staff.

(2) A person appointed as a member of the CMA’s staff under sub-paragraph
(1) may also be a member of the CMA, but must not be—

(a) the chair, or

(b) 25a member of the CMA panel.

(3) The following are to be determined by the CMA with the approval of the
Minister for the Civil Service—

(a) the number of members of staff appointed under sub-paragraph (1);

(b) their conditions of service.

11 30A person holding office as a member of the Competition Appeal Tribunal is
ineligible for appointment under paragraph 9 or 10.

Annual plan

12 (1) The CMA must prepare an annual plan for each financial year.

(2) The plan must—

(a) 35set out the CMA’s main objectives for the year and indicate the
relative priorities of each of those objectives;

(b) provide a summary of the proposed allocation of the CMA’s
financial resources to the activities to be carried on in connection
with those objectives.

(3) 40The CMA must arrange for the plan to be laid before Parliament.

(4) The CMA must publish the plan, in whatever way it considers appropriate,
before the start of the financial year in question.

13 (1) Before finalising an annual plan, the CMA must draw up proposals for it.

(2) The CMA must arrange for the proposals to be laid before Parliament.

(3) 5The CMA must—

(a) publish the proposals in whatever way it considers appropriate, and

(b) make arrangements to consult with the public about them.

(4) Arrangements made under sub-paragraph (3)(b) may provide for
consultation with the public to be effected in whatever way the CMA
10considers appropriate.

Performance report

14 (1) As soon as practicable after the end of each financial year, the CMA must
prepare and send to the Secretary of State an annual report on its activities
and performance during the year.

(2) 15The report must include—

(a) a survey of developments, during the year, in matters relating to the
CMA’s functions;

(b) an assessment of the extent to which the CMA’s objectives for the
year, as set out in the plan published under paragraph 12, have been
20met;

(c) a summary of the significant decisions, investigations or other
activities made or carried out by the CMA during the year;

(d) a summary of the allocation of the CMA’s financial resources to its
various activities during the year;

(e) 25an assessment of the CMA’s performance and practices, during the
year, in relation to its enforcement functions.

(3) The CMA must—

(a) arrange for the report to be laid before Parliament;

(b) publish the report in whatever way it considers appropriate.

15 30The CMA may—

(a) prepare other reports about matters relating to any of its functions;

(b) publish a report prepared under this paragraph.

Concurrency report

16 (1) As soon as practicable after the end of each financial year, the CMA must
35prepare a report containing an assessment of how the concurrency
arrangements have operated during the year.

(2) The concurrency arrangements are the arrangements for co-operation
between the CMA and the sectoral regulators in respect of functions which
are exercisable concurrently by the CMA and one or more of the regulators
40under Part 1 of the Competition Act 1998 (the “1998 Act”) and Part 4 of the
Enterprise Act 2002 (the “2002 Act”).

(3) The report must, in particular, include information about—

(a) the exercise during the year by the CMA of its functions under Part
1 of the 1998 Act or Part 4 of the 2002 Act in cases in which the
functions are or were exercisable concurrently by one or more
sectoral regulators,

(b) 5the exercise during the year by each sectoral regulator of its functions
under Part 1 of the 1998 Act or Part 4 of the 2002 Act, and

(c) any decision made during the year by a sectoral regulator, in respect
of a case in relation to which the regulator considers that its functions
under Part 1 of the 1998 Act were exercisable, that it was more
10appropriate for it to proceed by exercising functions other than those
it has under that Part of that Act.

(4) The CMA is not required to include information in a report under this
paragraph if it considers that doing so would, or would be likely to,
prejudice the exercise of any of the functions of the CMA or a sectoral
15regulator.

(5) In preparing a report under this paragraph, the CMA must consult each
sectoral regulator.

(6) The CMA must publish a report prepared under this paragraph in whatever
way it considers appropriate.

(7) 20Each of the following is a sectoral regulator—

(a) the Office of Communications;

(b) the Gas and Electricity Markets Authority;

(c) the Water Services Regulation Authority;

(d) the Office of Rail Regulation;

(e) 25the Northern Ireland Authority for Utility Regulation;

(f) the Civil Aviation Authority;

(g) Monitor.

Documents

17 (1) The application of the CMA’s seal must be authenticated by the signature
30of—

(a) a person who is a member of the CMA Board, or

(b) a person authorised (generally or specifically) for that purpose by the
CMA.

(2) A document purporting to be duly executed under the CMA’s seal or signed
35on its behalf—

(a) is to be received in evidence;

(b) is to be taken to be duly signed or sealed unless the contrary is
shown.

(3) But this paragraph does not apply in relation to a document which is, or is
40to be, signed in accordance with the law of Scotland.

Membership of committees and sub-committees

18 (1) The members of a committee or sub-committee of the CMA may include
persons who are not members of the CMA.

(2) A sub-committee may include persons who are not members of the
committee that established it.

Additional powers

19 The CMA may—

(a) 5if so requested by the Secretary of State, represent the government of
the United Kingdom in matters relating to international relations in
any field connected to its functions, and

(b) promote good practice outside the United Kingdom in the carrying
on of activities which may affect the economic interests of consumers
10in the United Kingdom.

20 (1) The CMA may do anything that is calculated to facilitate, or is conducive or
incidental to, the performance of its functions.

(2) The power in sub-paragraph (1) is subject to any restrictions imposed by or
under any enactment.

15Public records

21 In Schedule 1 to the Public Records Act 1958 (definition of public records),
in Part 2 of the Table at the end of paragraph 3, at the appropriate place
insert—

• “Competition and Markets Authority.”

20Parliamentary Commissioner

22 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc
subject to investigation) at the appropriate place insert—

• “Competition and Markets Authority.”

Disqualification

23 25In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975
(bodies of which all members are disqualified) at the appropriate place
insert—

• “The Competition and Markets Authority.”

24 In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification
30Act 1975 (bodies of which all members are disqualified), at the appropriate
place insert—

• “The Competition and Markets Authority.”

Freedom of information

25 In Part 1 of Schedule 1 to the Freedom of Information Act 2000 (definition of
35public authority: general)—

(a) in paragraph 1 after “other than” insert “—

(a) the Competition and Markets Authority,

(b)”;

(b) after paragraph 1 insert—

“1ZA 40The Competition and Markets Authority, in respect of
information held otherwise than as a tribunal.”

Equality

26 In Part 1 of Schedule 19 to the Equality Act 2010 (public authorities: general),
under the heading “Industry, business, finance etc” at the appropriate place
insert—

• 5“The Competition and Markets Authority.”

Part 2 The CMA Board

Membership

27 The CMA Board is to consist of—

(a) 10the chair;

(b) the members appointed under paragraph 1(1)(b) to membership of
the CMA Board.

Functions

28 Except where otherwise provided by or under any enactment, the functions
15of the CMA are exercisable by the CMA Board on behalf of the CMA.

Delegation

29 (1) Anything that the CMA Board is required or permitted to do (including
conferring authorisation under this sub-paragraph) may be done by—

(a) a member of the CMA Board, or a member of staff of the CMA, who
20has been authorised for that purpose by the CMA Board, whether
generally or specifically;

(b) a committee or sub-committee of the CMA Board that has been so
authorised.

(2) Sub-paragraph (1) does not apply to the functions of deciding—

(a) 25whether the duty to publish a market study notice under section
130A of the Enterprise Act 2002 applies;

(b) whether to propose to make, or to make, a reference under section
131 of that Act;

(c) for the purposes of the requirement imposed by section 131A(2)(b) of
30that Act, whether the CMA is proposing to make a decision as to
whether to make a reference under section 131 of that Act in a way
that is likely to have a substantial impact on the interests of any
person;

(d) whether section 140A of that Act applies in respect of a particular
35case;

(e) whether to accept an undertaking under section 154 of that Act, or to
vary or supersede or release an undertaking under that section;

(f) for the purposes of the requirement imposed by section 169(2) of that
Act, whether the CMA is proposing to make a decision to make a
40reference under section 131 of that Act in a way that is likely to have
a substantial impact on the interests of any person.

(3) Sub-paragraph (1)(b) does not apply to a committee or sub-committee
whose members include any person who is not a member of the CMA or of
its staff.

30 Paragraph 29(1) is subject to provision in rules made under section 51 of the
5Competition Act 1998, by virtue of paragraph 1A of Schedule 9 to that Act,
in respect of the exercise of a function of the CMA under Part 1 of that Act.

Proceedings

31 (1) The CMA Board may regulate its own proceedings.

(2) The CMA Board must consult the Secretary of State before making or
10revising rules and procedures, under sub-paragraph (1), for dealing with—

(a) conflicts of interest, or

(b) quorum.

Validity

32 The validity of anything done by the CMA Board is not affected by—

(a) 15a vacancy;

(b) a defective appointment.

Reference of matter to the chair

33 (1) This paragraph applies where the CMA Board is to consider whether a
matter should be referred to the chair for the constitution of a group under
20this Schedule.

(2) Before the CMA Board considers whether to refer the matter to the chair, the
chair must determine whether a person who is a member of the CMA Board
might reasonably be expected to be a member of a group constituted in
connection with the matter.

(3) 25If the chair determines that a person who is a member of the CMA Board
might reasonably be expected to be a member of such a group, that person
is not to participate in the CMA Board’s consideration of whether to refer the
matter to the chair.

Part 3 30The CMA panel

The CMA panel

34 The CMA panel is a panel of persons available for selection as members of a
group constituted in accordance with this Part of this Schedule.

Membership of CMA panel

35 (1) 35The CMA panel is to consist of—

(a) at least one person (a “newspaper panel member”) appointed to the
CMA panel under paragraph 1(1)(b) for the purpose of being
available for selection as a member of a group constituted to carry
out functions on behalf of the CMA with respect to a newspaper
40merger reference (a “newspaper merger reference group”);

(b) at least three persons (“specialist communications panel members”)
appointed to the CMA panel under paragraph 1(1)(b) for the
purpose of being available for selection as members of a group
constituted to carry out functions on behalf of the CMA with respect
5to a specialist communications reference (a “specialist
communications reference group”);

(c) at least six persons (“specialist utility panel members”) appointed to
the CMA panel under paragraph 1(1)(b) for the purpose of being
available for selection as members of a group constituted to carry out
10specialist utility functions on behalf of the CMA (a “specialist utility
group”);

(d) at least one person (a “reporting panel member”) appointed to the
CMA panel under paragraph 1(1)(b) for the purpose of being
available for selection as a member of any group constituted to carry
15out functions on behalf of the CMA;

(e) any persons who are appointed to the CMA panel under paragraph
1(1)(b) for the purpose of being available for selection as members of
a group constituted to carry out functions with respect to a reference
under article 15 of the Electricity (Northern Ireland) Order 1992 (SI
201992/231 (NI 1)).

(2) A person who is appointed to the CMA panel as a member of a kind
mentioned in one of paragraphs (a) to (e) of sub-paragraph (1) may also be
appointed as a member of one or more of the other kinds mentioned in those
paragraphs.

(3) 25For the purposes of this paragraph and paragraph 38—

• a “newspaper merger reference” is—

  (a)

  a reference under section 45 of the Enterprise Act 2002 that
  specifies a newspaper public interest consideration (within
  the meaning of paragraph 20A of Schedule 8 to that Act);

  (b)

  30a reference under section 62 of that Act that specifies a
  consideration specified in section 58(2A) or (2B) of that Act;

• a “specialist communications reference” is a reference under section 193
  of the Communications Act 2003;

• “specialist utility functions” are functions with respect to—

  (a)

  35an appeal under section 23B, or a reference under section 41E,
  of the Gas Act 1986;

  (b)

  an appeal under section 11C, or a reference under section
  56C, of the Electricity Act 1989;

  (c)

  a reference under section 12, 14 or 17K of the Water Industry
  40Act 1991;

  (d)

  the giving of a direction or the making of modifications under
  section 16A or 17P of that Act;

  (e)

  an appeal under section 173 of the Energy Act 2004;

  (f)

  a reference under article 3 of the Water Services etc (Scotland)
  45Act 2005 (Consequential Provisions and Modifications)
  Order 2005;

  (g)

  the giving of a direction or the making of modifications under
  article 9 of that Order.