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Enterprise and Regulatory Reform BillPage 110

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

(b) in sub-paragraph (2)—

(i) for “OFT” (in each place where it occurs) substitute “CMA”,
and

(ii) 5for “OFT’s” substitute “CMA’s”.

(4) In paragraph 3, in sub-paragraph (1), for “OFT” substitute “CMA”.

(5) In paragraph 4, for “OFT” (in each place where it occurs) substitute “CMA”.

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

(7) In paragraph 6, for “OFT” substitute “CMA”.

(8) 10In paragraph 7, for “OFT” (in each place where it occurs) substitute “CMA”.

(9) In paragraph 8, for “OFT” (in each place where it occurs) substitute “CMA”.

(10) In paragraph 10, for “OFT” substitute “CMA”.

(11) In paragraph 11, in sub-paragraph (1), for “OFT” substitute “CMA”.

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

(13) 15In paragraph 13, for “OFT” substitute “CMA”.

(14) In paragraph 14, for “OFT” (in each place where it occurs) substitute “CMA”.

57 (1) Schedule 8 (appeals) is amended as follows.

(2) In paragraph 2, in sub-paragraph (2), for “OFT’s” substitute “CMA’s”.

(3) In paragraph 3, in sub-paragraphs (2) and (3), for “OFT” (in each place where
20it occurs) substitute “CMA”.

(4) In paragraph 3A, in sub-paragraph (3), for “OFT” substitute “CMA”.

58 (1) Schedule 9 (rules under section 51) is amended as follows.

(2) In the heading, for “OFT’s” substitute “CMA’s”.

(3) In paragraph 1, for “OFT” substitute “CMA”.

(4) 25In paragraph 5, in sub-paragraphs (1) and (2), for “OFT” (in each place where
it occurs) substitute “CMA”.

(5) In paragraph 8, for “OFT” (in each place where it occurs) substitute “CMA”.

(6) In paragraph 9, for “OFT” (in each place where it occurs) substitute “CMA”.

(7) In paragraph 11, for “OFT” substitute “CMA”.

(8) 30In paragraph 12, in sub-paragraph (1)—

(a) for “OFT” substitute “CMA”, and

(b) for “OFT’s” substitute “CMA’s”.

(9) In paragraph 13—

(a) for “OFT” substitute “CMA”, and

(b) 35for “OFT’s” substitute “CMA’s”.

(10) In paragraph 14, for “OFT” substitute “CMA”.

Enterprise and Regulatory Reform BillPage 111

Part 2 Transfer of functions under the 2002 Act to the CMA

59 The Enterprise Act 2002 is amended as follows.

Part 1

60 (1) 5Section 5 (acquisition of information etc) is amended as follows.

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

(3) In the italic cross-heading preceding the section for “OFT” substitute “the
CMA”.

61 10In section 6 (provision of information etc to the public), in subsections (1)
and (2), for “OFT” (in each place where it occurs) substitute “CMA”.

62 (1) Section 7 (provision of information and advice to Ministers etc) is amended
as follows.

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

(3) 15In subsection (2), for “OFT” (in each place where it occurs) substitute
“CMA”.

63 Omit section 8 (promoting good consumer practice).

64 (1) Section 11 (super-complaints) is amended as follows.

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

(3) In subsection (3), for “OFT’s” substitute “CMA’s”.

(4) In subsection (7), for “OFT” substitute “CMA”.

65 For the title to Part 1 substitute “General functions of the CMA”.

Part 2

66 25In Schedule 4 (Competition Appeal Tribunal: procedure), in Part 2 (Tribunal
rules), in paragraph 22(2), for “OFT” substitute “CMA”.

Part 3

67 (1) Section 22 (duty to make references in relation to completed mergers) is
amended as follows.

(2) 30In subsection (1), for the words before paragraph (a) substitute “The CMA
shall, subject to subsections (2) and (3), make a reference to its chair for the
constitution of a group under Schedule 4 to the Enterprise and Regulatory
Reform Act 2012 if the CMA believes that it is or may be the case that—”.

(3) In subsection (2)—

(a) 35in the words before paragraph (a), for “OFT” substitute “CMA”, and

(b) in paragraph (a), omit “to the Commission”.

Enterprise and Regulatory Reform BillPage 112

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

(5) In subsection (7)—

(a) in paragraph (a), for “the OFT or (as the case may be) the
5Commission” substitute “the CMA”, and in paragraph (b), for “the OFT, the Commission” substitute “the
CMA.

68 In section 23 (relevant merger situations), in subsection (9), in paragraph (a),
for “Commission” substitute “CMA”.

69 10In section 24 (time-limits and prior notice), in subsection (2), for “OFT” (in
each place where it occurs) substitute “CMA”.

70 In section 25 (extension of time-limits), in subsections (1) to (6) and (8), for
OFT” (in each place where it occurs) substitute “CMA”.

71 In section 28 (turnover test), in subsection (5), for “OFT” substitute “CMA”.

72 (1) 15Section 33 (duty to make references in relation to anticipated mergers) is
amended as follows.

(2) In subsection (1), for the words before paragraph (a) substitute “The CMA
shall, subject to subsections (2) and (3), make a reference to its chair for the
constitution of a group under Schedule 4 to the Enterprise and Regulatory
20Reform Act 2012 if the CMA believes that it is or may be the case that—”.

(3) In subsection (2)—

(a) in the words before paragraph (a), for “OFT” substitute “CMA”,

(b) in paragraph (a), omit “to the Commission”, and

(c) in paragraph (b), omit “to the Commission”.

(4) 25In subsections (3) and (3A), for “OFT” (in each place where it occurs)
substitute “CMA”.

73 (1) Section 34A (duty where case referred by the European Commission) is
amended as follows.

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

(3) 30In subsection (2)—

(a) in the words before paragraph (a), for “OFT” substitute “CMA”, and

(b) in paragraph (a), omit “to the Commission”.

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

(5) 35In the heading, for “OFT” substitute “CMA”.

74 Before section 35 (but after the italic cross-heading immediately preceding
it) insert—

34C Functions to be exercised by CMA groups

(1) Where a reference is made to the chair of the CMA under section 22
40or 33 for the constitution of a group under Schedule 4 to the
Enterprise and Regulatory Reform Act 2012, the functions of the
CMA under or by virtue of the following provisions of this Part in

Enterprise and Regulatory Reform BillPage 113

relation to the matter concerned are to be carried out on behalf of the
CMA by the group so constituted—

(a) sections 35 to 41B, except for sections 35(6) and (7), 36(5) and
(6) and 37(6);

(b) 5where a reference is treated by virtue of section 37(2) as
having been made under section 22, section 23(9)(a);

(c) section 76, as it applies in relation to orders under section 83,
and sections 77, 78 and 80 to 84;

(d) section 87, so far as relating to an enforcement order made on
10behalf of the CMA by the group;

(e) sections 92(4), 94 and 94A, so far as relating to an enforcement
undertaking or enforcement order made on behalf of the
CMA by the group;

(f) section 104, so far as relating to a decision mentioned in
15paragraph (a)(iii) of the definition of relevant decision in
subsection (6) of that section;

(g) section 107, so far as relating to anything done on behalf of
the CMA by the group;

(h) section 109, where the permitted purpose in question relates
20to a function that (by virtue of this section) is being or is to be
carried out on behalf of the CMA by the group;

(i) sections 110 to 115, so far as relating to a notice given under
section 109 on behalf of the CMA by the group;

(j) section 120(5)(b), so far as relating to a decision of the group;

(k) 25Schedule 10, so far as relating to an enforcement undertaking
or enforcement order which the group is considering
accepting or making, or which the group has accepted or
made, on behalf of the CMA.

(2) The functions of the CMA under section 95(4) in relation to the
30matter concerned may be carried out on behalf of the CMA by the
group.

(3) Nothing in subsection (1) prevents the CMA Board from exercising a
function of the CMA under or by virtue of the following provisions
of this Part where the group constituted as mentioned in subsection
35(1) has ceased to exist—

(a) section 76 and Schedule 10, so far as relating to the making of
an order under section 76 in relation to an order under section
83;

(b) section 83 and Schedule 10, so far as relating to the making of
40an order under section 83;

(c) sections 76 (as it applies in relation to an order under section
83), 80 to 84 and Schedule 10, so far as relating to the
variation, supersession or release of enforcement
undertakings or the variation or revocation of enforcement
45orders;

(d) section 87;

(e) sections 92(4) and 94.

75 In section 35 (questions to be decided in relation to completed mergers), in
subsections (1) and (3) to (7), for “Commission” (in each place where it
50occurs) substitute “CMA”.

Enterprise and Regulatory Reform BillPage 114

76 In section 36 (questions to be decided in relation to anticipated mergers), in
subsections (1) to (6), for “Commission” (in each place where it occurs)
substitute “CMA”.

77 (1) Section 37 (cancellation and variation of references under section 22 or 33) is
5amended as follows.

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

(3) In subsection (6), for “OFT” substitute “CMA”.

(4) Omit subsections (7) and (8).

(5) 10In subsection (9)—

(a) for “OFT” substitute “CMA”, and

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

78 (1) Section 38 (investigations and reports on references under section 22 or 33)
is amended as follows.

(2) 15In subsections (1) to (3), for “Commission” (in each place where it occurs)
substitute “CMA”.

(3) Omit subsection (4).

79 In section 39 (time-limits for investigations and reports), in subsections (1),
(3), (4) and (8), for “Commission” (in each place where it occurs) substitute
20“CMA”.

80 In section 40 (section 39: supplementary), in subsections (10), (11) and (13),
for “Commission” (in each place where it occurs) substitute “CMA”.

81 In section 41 (duty to remedy effects of completed or anticipated mergers),
in subsections (1) to (5), for “Commission” (in each place where it occurs)
25substitute “CMA”.

82 (1) Section 42 (intervention by Secretary of State in certain public interest cases)
is amended as follows.

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

(3) In subsection (6)—

(a) 30for “OFT” (in each place where it occurs) substitute “CMA”, and

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

83 (1) Section 43 (intervention notices under section 42) is amended as follows.

(2) In subsection (4)—

(a) in paragraph (a), for “OFT” substitute “CMA”, and

(b) 35for “Commission” (in each place where it occurs) substitute “CMA”.

84 (1) Section 44 (investigation and report) is amended as follows.

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

(3) In subsection (4) —

(a) 40in the words before paragraph (a), for “OFT” substitute “CMA”, and

(b) in paragraph (c), omit “to the Commission”.

Enterprise and Regulatory Reform BillPage 115

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

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

85 (1) Section 45 (power of Secretary of State to refer matter) is amended as
5follows.

(2) In subsection (1), in paragraph (b), for “OFT” substitute “CMA”.

(3) In subsections (2) to (5), for “to the Commission” (in each place where it
occurs) substitute “to the chair of the CMA for the constitution of a group
under Schedule 4 to the Enterprise and Regulatory Reform Act 2012”.

(4) 10In the heading, for “Commission” substitute “CMA”.

86 In section 46 (references under section 46: supplementary), in subsection (2),
for “OFT” substitute “CMA”.

87 (1) Section 46A (cases referred by European Commission where intervention
notice is in force) is amended as follows.

(2) 15In subsection (1), for “OFT” substitute “CMA”.

(3) In subsection (2), in paragraph (a), omit “to the Commission”.

88 Before section 47 (but after the italic cross-heading immediately preceding
it) insert—

46D Functions to be exercised by CMA groups

20Where a reference is made to the chair of the CMA under section 45
for the constitution of a group under Schedule 4 to the Enterprise and
Regulatory Reform Act 2012, the functions of the CMA under or by
virtue of the following provisions of this Part in relation to the matter
concerned are to be carried out on behalf of the CMA by the group
25so constituted—

(a) sections 47 to 53;

(b) where a reference is treated by virtue of section 49(1) as
having been made under section 45(2) or (3), section 23(9)(ab)
(as it has effect by virtue of section 42(6));

(c) 30sections 104, so far as relating to any decision mentioned in
paragraph (a)(iii) of the definition of relevant decision in
subsection (6) of that section, and 104A;

(d) section 107, so far as relating to anything done on behalf of
the CMA by the group;

(e) 35section 109, where the permitted purpose relates to a function
that (by virtue of this section) is being or is to be carried out
on behalf of the CMA by the group;

(f) sections 110 to 115, so far as relating to a notice given under
section 109 on behalf of the CMA by the group;

(g) 40section 118(4);

(h) section 120(5)(b), so far as relating to a decision of the group.

89 In section 47 (questions to be decided on references under section 45), in
subsections (1) to (11), for “Commission” (in each place where it occurs)
substitute “CMA”.

Enterprise and Regulatory Reform BillPage 116

90 In section 48 (cases where references on certain questions need not be
decided), in subsections (1) to (3) for “Commission” (in each place where it
occurs), substitute “CMA”.

91 In section 49 (variation of references under section 45), in subsections (1) to
5(4) and (7) to (9), for “Commission” (in each place where it occurs) substitute
“CMA”.

92 In section 50 (investigations and reports on references under section 45), in
subsections (1) to (3), for “Commission” (in each place where it occurs)
substitute “CMA”.

93 (1) 10Section 51 (time-limits for investigations and reports) is amended as follows.

(2) In subsections (1) to (4) and (8), for “Commission” (in each place where it
occurs) substitute “CMA”.

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

94 Section 52 (section 51: supplementary), in subsections (10), (11) and (13), for
15“Commission” (in each place where it occurs) substitute “CMA”.

95 (1) Section 53 (restrictions on action where public interest considerations not
finalised) is amended as follows.

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

(3) In subsection (2), omit “to the Commission”.

(4) 20In subsections (3) to (5), for “Commission” (in each place where it occurs)
substitute “CMA”

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

96 (1) Section 54 (decision of Secretary of State in public interest cases) is amended
25as follows.

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

(3) In subsection (3), omit “to the Commission” (in each place where it occurs).

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

(5) 30In subsection (7)—

(a) omit “to the Commission” (in each place where it occurs),

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

(c) in paragraph (b)(ii), for “OFT” substitute “CMA”.

97 35In section 55 (enforcement action by Secretary of State), in subsection (3), for
“Commission” substitute “CMA”.

98 (1) Section 56 (competition cases where intervention on public interest grounds
ceases) is amended as follows.

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

(3) In subsection (3)—

Enterprise and Regulatory Reform BillPage 117

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

(b) for “the report of the OFT” substitute “its report”, and

(c) omit “to it by the OFT”.

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

(5) In subsection (6)—

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

(b) omit “to it”.

(6) In subsection (7), for “Commission” (in each place where it occurs) substitute
10“CMA”.

(7) In subsection (8)—

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

(b) after “(6)” insert

(a),

(c) 15omit “to the Commission by the OFT”, and

(d) at the end insert ; and

(b) for the purposes of section 34C, the group constituted
in consequence of the reference under section 45 is to
be treated as if it were constituted in consequence of a
20reference under section 22 or (as the case may be) 33.

99 (1) Section 57 (duties of authorities to inform Secretary of State) is amended as
follows.

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

(3) In subsection (2)—

(a) 25for “OFT, OFCOM and the Commission” substitute “CMA and
OFCOM”, and

(b) for “OFT, OFCOM or (as the case may be) the Commission”
substitute “CMA or (as the case may be) OFCOM”.

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

100 30In section 58 (specified considerations), in subsection (4)(b) for “OFT,
OFCOM, the Commission” substitute “CMA, OFCOM”.

101 (1) Section 59 (intervention by Secretary of State in special public interest cases)
is amended as follows.

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

(3) 35In subsection (6)—

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

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

102 (1) Section 60 (special intervention notices under section 59) is amended as
follows.

(2) 40In subsection (4)—

(a) in paragraph (a), for “OFT” substitute “CMA”, and

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

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103 (1) In section 61 (initial investigation and report) is amended as follows.

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

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

104 (1) 5Section 62 (power of Secretary of State to refer matter) is amended as
follows.

(2) In subsection (1), in paragraph (b), for “OFT” substitute “CMA”.

(3) In subsections (2) and (3), for “to the Commission” (in each place where it
occurs), substitute “to the chair of the CMA for the constitution of a group
10under Schedule 4 to the Enterprise and Regulatory Reform Act 2012”.

(4) In subsection (5), for “OFT” substitute “CMA”.

105 Before section 63 insert—

62A Functions to be exercised by CMA groups

Where a reference is made to the chair of the CMA under section 62
15for the constitution of a group under Schedule 4 to the Enterprise and
Regulatory Reform Act 2012, the functions of the CMA under or by
virtue of the following provisions of this Part in relation to the matter
concerned are to be carried out on behalf of the CMA by the group
so constituted—

(a) 20sections 63 to 65;

(b) where a reference is treated by virtue of section 64(2) as
having been made under section 62(2), section 23(9)(ab) (as it
has effect by virtue of section 59(6));

(c) sections 104, so far as relating to any decision mentioned in
25paragraph (a)(iii) of the definition of relevant decision in
subsection (6) of that section, and 104A;

(d) section 107, so far as relating to anything done on behalf of
the CMA by the group;

(e) section 109, where the permitted purpose relates to a function
30that (by virtue of this section) is being or is to be carried out
on behalf of the CMA by the group;

(f) sections 110 to 115, so far as relating to a notice given under
section 109 on behalf of the CMA by the group;

(g) section 118(4);

(h) 35section 120(5)(b), so far as relating to a decision of the group.

106 In section 63 (questions to be decided on references under section 62), in
subsections (1) to (4), for “Commission” (in each place where it occurs)
substitute “CMA”.

107 In section 64 (cancellation and variation of references under section 62), in
40subsections (1) to (4) and (7) to (9), for “Commission” (in each place where it
occurs) substitute “CMA”.

108 In section 65 (investigations and reports on references under section 62), in
subsections (1) to (2A) and (4), for “Commission” (in each place where it
occurs) substitute “CMA”.

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109 In section 66 (decision and enforcement action by Secretary of State), in
subsections (1) to (4) and (7), for “Commission” (in each place where it
occurs) substitute “CMA”.

110 In section 67 (intervention to protect legitimate interests), in subsections (2)
5and (8), for “OFT” (in each place where it occurs) substitute “CMA”.

111 In section 68 (scheme for protecting legitimate interests), in subsection (4)—

(a) in paragraph (b), for “OFT” substitute “CMA”,

(b) in paragraph (c), for “to the Commission” substitute “to the chair of
the CMA for the constitution of a group under Schedule 4 to the
10Enterprise and Regulatory Reform Act 2012”, and

(c) in paragraph (d), for “the Commission” substitute “the CMA, acting
through a group so constituted,”.

112 In section 72 (initial enforcement orders), in subsections (2), (6) and (7), for
OFT” (in each place where it occurs) substitute “CMA”.

113 15In section 73 (undertakings in lieu of references), in subsections (1) to (4), (5)
and (7), for “OFT” (in each place where it occurs) substitute “CMA”.

114 In section 74 (effect of undertakings under section 73), in subsections (1), (2)
and (5), for “OFT” (in each place where it occurs) substitute “CMA”.

115 In section 75 (order making power where undertakings under section 73 not
20fulfilled), in subsections (1), (2), (4) and (6), for “OFT” (in each place where it
occurs) substitute “CMA”.

116 (1) Section 76 (supplementary interim order-making power) is amended as
follows

(2) In subsection (1)—

(a) 25in paragraph (a), for “OFT” substitute “CMA”, and

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

(3) In subsections (2), (3), (4) and (7), for “OFT or (as the case may be) the
Commission” (in each place where it occurs) substitute “CMA”.

117 In section 77 (restrictions on certain dealings: completed mergers), in
30subsections (2), (3), (5) and (6), for “Commission” (in each place where it
occurs) substitute “CMA”.

118 In section 78 (restrictions on certain dealings: anticipated mergers), in
subsections (2) to (4), for “Commission” (in each place where it occurs)
substitute “CMA”.

119 (1) 35Section 79 (sections 77 and 78: further interpretation provisions) is amended
as follows.

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

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

120 (1) 40Section 80 (interim undertakings) is amended as follows.

(2) In subsections (2), (5) and (9), for “Commission” (in each place where it
occurs) substitute “CMA”.

(3) In subsection (10), for “Commission’s” substitute “CMA’s”.

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