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Enterprise and Regulatory Reform BillPage 120

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

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

(3) In subsection (9), for “Commission” substitute “CMA”.

122 5In section 82 (final undertakings), in subsections (1), (2) and (5), for
“Commission” (in each place where it occurs) substitute “CMA”.

123 (1) Section 83 (order-making powers where final undertakings not fulfilled) is
amended as follows.

(2) In subsection (1)(b)—

(a) 10for “Commission or the OFT” substitute “CMA”, and

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

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

(4) Omit subsection (6).

124 (1) 15Section 84 (final orders) is amended as follows.

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

(3) Omit subsection (4).

125 In section 85 (enforcement regime for public interest and special interest
20cases), in subsection (2), for “OFT” substitute “CMA”.

126 (1) Section 91 (register of undertakings and orders) is amended as follows.

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

(3) In subsection (3)—

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

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

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

(5) In subsection (5)—

(a) for “Commission and the Secretary of State” substitute “Secretary of
30State”,

(b) for “OFT” substitute “CMA”, and

(c) for “by them” (in each place where it occurs) substitute “by the
Secretary of State”.

(6) In subsections (6) and (7), for “OFT” (in each place where it occurs) substitute
35“CMA”.

127 In the italic cross-heading preceding section 92, for “OFT” substitute “CMA”.

128 (1) Section 92 (duty to monitor undertakings and orders) is amended as follows.

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

(3) 40In subsection (3)—

Enterprise and Regulatory Reform BillPage 121

(a) in the words before paragraph (a)—

(i) for “OFT” substitute “CMA”, and

(ii) omit “the Commission or (as the case may be)”,

(b) in paragraph (a)—

(i) 5omit “the Commission or (as the case may be)”, and

(ii) omit “it (or as the case may be)”, and

(c) in paragraphs (b) to (d), omit “the Commission or (as the case may
be)” (in each place where it occurs).

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

(5) In subsection (7)—

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

(b) omit paragraph (a), and

(c) in paragraph (b), for “the report” substitute “any report prepared by
15it under subsection (6)”.

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

129 (1) Section 93 (further role in relation to undertakings and orders) is amended
as follows.

(2) In subsection (1), omit paragraph (a) and the word “or” immediately
20following it.

(3) In subsection (2)—

(a) for the words from the beginning to “authority”)” substitute “The
Secretary of State”,

(b) for “OFT” substitute “CMA”,

(c) 25for “relevant authority” (in each place where it occurs) substitute
“Secretary of State”, and

(d) omit “section 80 or 82 or (as the case may be)”.

(4) In subsection (3)—

(a) for “relevant authority” (in each place where it occurs) substitute
30“Secretary of State”,

(b) for “OFT” substitute “CMA”, and

(c) for “OFT’s” substitute “CMA’s”.

(5) In subsection (4)—

(a) for “OFT” substitute “CMA”,

(b) 35for “relevant authority” substitute “Secretary of State”, and

(c) omit “section 80 or 82 or (as the case may be)”.

(6) In subsection (6)—

(a) for “relevant authority” substitute “Secretary of State”, and

(b) for “OFT” substitute “CMA”.

(7) 40In the heading, for “OFT” substitute “CMA”.

130 (1) Section 94 (rights to enforce undertakings and orders) is amended as
follows.

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

Enterprise and Regulatory Reform BillPage 122

(3) Omit subsection (7).

131 (1) Section 95 (rights to enforce statutory restrictions) is amended as follows.

(2) In subsection (4), for “OFT or the Commission” substitute “CMA”.

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

132 (1) 5Section 96 (merger notices) is amended as follows.

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

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

133 (1) Section 99 (certain functions in relation to merger notices) is amended as
follows.

(2) 10In subsection (1), for “OFT” (in each place where it occurs) substitute
“CMA”.

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

(4) In the heading, for “OFT and Secretary of State” substitute “CMA”.

134 15In section 100 (exceptions to protection given by merger notices), in
subsection (1), for “OFT” (in each place where it occurs) substitute “CMA”.

135 (1) Section 104 (certain duties of relevant authorities to consult) is amended as
follows.

(2) In subsection (6), in the definition of “relevant authority” for “OFT, the
20Commission” substitute “CMA”.

(3) In that subsection, in the definition of “relevant decision”—

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

(b) in paragraph (a), after sub-paragraph (ii) insert ; or

(iii) on the questions mentioned in section 35(1) or
25(3), 36(1) or (2), 47 or 63;, and

136 In section 104A (public consultation in relation to media mergers), in
subsections (1) to (3), for “Commission” (in each place where it occurs)
substitute “CMA”.

137 (1) 30Section 105 (general information duties) is amended as follows.

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

(3) In subsection (3)—

(a) in the words before paragraph (a)—

(i) for “OFT” substitute “CMA”, and

(ii) 35omit “Commission or”,

(b) in paragraph (a), omit “the Commission or (as the case may be)” (in
each place where it occurs), and

(c) in paragraph (b)—

(i) omit “the Commission or (as the case may be)”, and

(ii) 40for “OFT” substitute “CMA”.

(4) In subsection (3A)—

Enterprise and Regulatory Reform BillPage 123

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

(b) for “Commission or (as the case may be) the OFT” (in each place
where it occurs) substitute “CMA”.

(5) 5In subsection (4)—

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

(b) for “the Commission or OFCOM” substitute “OFCOM”, and

(c) omit “the Commission or (as the case may be)” (in each place where
it occurs).

(6) 10In subsection (4A)—

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

(b) for “Commission or (as the case may be) the OFT” (in each place
where it occurs) substitute “CMA”.

(7) In subsection (5)—

(a) 15in the words before paragraph (a), for “OFT, OFCOM and the
Commission” substitute “CMA and OFCOM”, and

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

(8) In subsection (6), for “OFT” (in each place where it occurs) substitute
20“CMA”.

(9) In subsection (7)—

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

(b) for “(3), (3A), (4) or (4A)” substitute “(3A) or (4A)”.

(10) In subsection (7A), omit the words from “and the OFT” to the end of the
25subsection.

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

138 (1) Section 106 (advice and information about references under sections 22 and
33) is amended as follows.

(2) In subsection (1)—

(a) 30omit “As soon as reasonably practicable after the passing of this
Act,”,

(b) for “the OFT” substitute “The CMA”, and

(c) for the words from “the making” to the end of the subsection
substitute

(a) 35the making and consideration by it of references
under section 22 or 33, and

(b) the way in which relevant customer benefits may
affect the taking of enforcement action in relation to
such references.

(3) 40In subsection (2), for “OFT” substitute “CMA”.

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

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

(6) In subsection (6)—

Enterprise and Regulatory Reform BillPage 124

(a) omit “or (3)”, and

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

(7) In subsection (7)—

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

(b) 5for “OFT or (as the case may be) the Commission” substitute “CMA”.

(8) In subsection (8), for “OFT shall consult the Commission and such other
persons” substitute “CMA shall consult such persons”.

(9) Omit subsection (9).

139 In section 106A (advice and information in relation to media mergers), in
10subsection (5), for “OFT, OFCOM, the Commission” substitute “CMA,
OFCOM”.

140 In section 106B (general advisory duties of OFCOM), in subsections (1) and
(3), for “Commission” substitute “CMA”.

141 (1) Section 107 (further publicity requirements) is amended as follows.

(2) 15In subsection (1)—

(a) for “OFT” substitute “CMA”,

(b) in paragraph (e), omit “or 76”, and

(c) omit paragraphs (g) and (h).

(3) In subsection (2), for “Commission shall” substitute “CMA shall also”.

(4) 20In subsection (3)—

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

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

(5) In subsection (9)—

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

(b) 25in paragraph (b), for “Commission” substitute “CMA”.

(6) In subsection (10)—

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

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

(7) In subsection (11), for “Commission’s” substitute “CMA’s”.

142 30In section 108 (defamation), for “OFT, OFCOM, the Commission” substitute
“CMA, OFCOM”.

143 In section 109 (attendance of witnesses and production of documents etc.),
in subsection (3)(a), for “the Commission” substitute “the CMA”.

144 In section 110 (enforcement of powers under section 109: general), in
35subsections (1) to (3), (6), (8) and (9), for “Commission” (in each place where
it occurs) substitute “CMA”.

145 In section 111 (penalties), in subsections (1), (5) and (8), for “Commission” (in
each place where it occurs) substitute “CMA”.

146 In section 112 (penalties: main procedural requirements), in subsections (1)
40to (3), for “Commission” (in each place where it occurs) substitute “CMA”.

Enterprise and Regulatory Reform BillPage 125

147 In section 113 (payment and interest by instalments), in subsections (3) and
(4), for “Commission” (in each place where it occurs) substitute “CMA”.

148 In section 114 (appeals in relation to penalties), in subsections (4), (5) and (7),
for “Commission” (in each place where it occurs) substitute “CMA”.

149 5In section 115 (recovery of penalties), for “Commission” (in each place where
it occurs) substitute “CMA”.

150 In section 116 (statement of policy), in subsections (1), (3) and (4), for
“Commission” (in each place where it occurs) substitute “CMA”.

151 In section 117 (false or misleading information), in subsections (1) and (2),
10for “OFT, OFCOM, the Commission” (in each place where it occurs)
substitute “CMA, OFCOM”.

152 (1) Section 118 (excisions from reports) is amended as follows.

(2) In subsection (1)—

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

(b) 15in paragraph (b), for “Commission” substitute “CMA”.

(3) In subsection (5), for “Commission” substitute “CMA”.

153 (1) Section 119 (minority reports) is amended as follows.

(2) In subsection (1)—

(a) omit “in pursuance of paragraph 15 of Schedule 7 to the Competition
20Act 1998 (c. 41)1998 (c. 41)”, and

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

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

154 (1) Section 119B (monitoring role in relation to media mergers) is amended as
follows.

(2) 25In subsections (1) and (2), for “OFT” (in each place where it occurs) substitute
“CMA”.

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

155 In section 120 (review of decisions under Part 3), in subsection (1)—

(a) for “OFT” substitute “CMA”, and

(b) 30for “the Secretary of State or the Commission” substitute “or the
Secretary of State”.

156 (1) Section 121 (fees) is amended as follows.

(2) In subsection (1)—

(a) for “OFT of” substitute “CMA of”, and

(b) 35for “OFT, OFCOM and the Commission” substitute “CMA and
OFCOM”.

(3) In subsections (3), (4) and (7), for “OFT” (in each place where it occurs)
substitute “CMA”.

(4) In subsection (8)—

(a) 40for “OFT in” substitute “CMA in”, and

Enterprise and Regulatory Reform BillPage 126

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

(5) In subsection (9), for “OFT” substitute “CMA”.

157 (1) Section 122 (primacy of EU law) is amended as follows.

(2) 5In subsection (1)—

(a) omit “or (3)”, and

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

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

158 10Section 123 (power to alter share of supply test), in subsection (4), for “OFT
and the Commission” substitute “CMA”.

159 (1) Section 130 (index of defined expressions) is amended as follows.

(2) At the appropriate place in the table insert—

The CMA Section 273

(3) 15Omit the entries in the table for “The Commission” and “The OFT”.

(4) In the first column of the entry for “Reports of the Commission”, for
“Commission” substitute “CMA”.

160 (1) Schedule 7 (enforcement regime for public interest and special interest
cases) is amended as follows.

(2) 20In paragraph 2, in sub-paragraphs (2), (10) and (11), for “OFT” (in each place
where it occurs) substitute “CMA”.

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

(4) In paragraph 4, in sub-paragraphs (2) and (3), for “OFT” (in each place where
25it occurs) substitute “CMA”.

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

(6) In paragraph 7, in sub-paragraphs (8) and (9), for “Commission” (in each
place where it occurs) substitute “CMA”.

(7) 30In paragraph 8—

(a) in sub-paragraphs (7) and (8), for “Commission” (in each place where
it occurs) substitute “CMA”, and

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

(8) In paragraph 10, in sub-paragraphs (1) and (6), for “OFT” (in each place
35where it occurs) substitute “CMA”.

(9) In paragraph 11, in sub-paragraph (5), for “OFT” substitute “CMA”.

161 (1) Schedule 8 (provision that may be contained in certain enforcement orders)
is amended as follows.

Enterprise and Regulatory Reform BillPage 127

(2) In paragraph 8, in sub-paragraph (3), for “Commission” substitute “CMA”.

(3) In paragraph 19, for “OFT” (in each place where it occurs) substitute “CMA”.

(4) In paragraph 24 —

(a) omit paragraph (a), and

(b) 5in paragraph (b), for “Commission” (in each place where it occurs)
substitute “CMA”.

162 In Schedule 10 (procedural requirements for certain enforcement
undertakings and orders), in paragraph 2(1), for “the OFT, the Commission”
substitute “the CMA”.

10Part 4

163 (1) Section 131 (power to make market investigation references) is amended as
follows.

(2) In subsection (1), for the words before “has reasonable grounds” substitute
“The CMA may, subject to subsection (4), make a reference to its chair for the
15constitution of a group under Schedule 4 to the Enterprise and Regulatory
Reform Act 2012 if the CMA”.

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

164 (1) Section 132 (ministerial power to make market investigation references) is
amended as follows.

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

(3) In subsection (3), for “Commission” substitute “chair of the CMA for the
constitution of a group under Schedule 4 to the Enterprise and Regulatory
Reform Act 2012”.

165 25In section 133 (contents of references), in subsection (2), for “Commission”
substitute “group constituted by the chair of the CMA in respect of the
reference”.

166 Before section 134 (but after the italic cross-heading immediately preceding
it) insert—

133A 30 Functions to be exercised by CMA groups

(1) Where a reference is made to the chair of the CMA under section 131,
132 or 140A 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
35relation to the matter concerned are to be carried out on behalf of the
CMA by the group so constituted—

(a) sections 134 to 138B, except for section 135(1);

(b) sections 140B to 145, 148, 148A and 151;

(c) sections 157 and 158;

(d) 40section 159;

(e) section 160, except for subsection (6) of that section;

(f) section 161, except for subsection (5) of that section;

Enterprise and Regulatory Reform BillPage 128

(g) section 162(4), so far as relating to an enforcement
undertaking or enforcement order made on behalf of the
CMA by the group;

(h) section 164(2)(b), so far as relating to an enforcement order
5made on behalf of the CMA by the group;

(i) section 167, so far as relating to an enforcement undertaking
or enforcement order made on behalf of the CMA by the
group;

(j) section 168;

(k) 10section 169, so far as relating to a decision mentioned in
paragraph (a)(iii) of the definition of relevant decision in
subsection (6) of that section;

(l) section 172, so far as relating to anything done on behalf of
the CMA by the group;

(m) 15section 174, where the permitted purpose in question 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;

(n) sections 174A to 174D, so far as relating to a notice given
under section 174 on behalf of the CMA by the group;

(o) 20section 179(5)(b), so far as relating to a decision of the group;

(p) Schedule 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) 25Nothing in subsection (1) prevents the CMA Board from carrying out
a function of the CMA under or by virtue of the following provisions
of this Part where the group constituted as mentioned in subsection
(1) has ceased to exist—

(a) section 160 and Schedule 10, so far as relating to the making
30of an order under section 160;

(b) sections 159 to 161 and Schedule 10, so far as relating to the
variation, supersession or release of enforcement
undertakings or the variation or revocation of enforcement
orders;

(c) 35section 162(4);

(d) section 164(2)(b);

(e) section 167.

167 (1) Section 134 (questions to be decided on market investigation references) is
amended as follows.

(2) 40In subsections (1), (4), (6) and (7), for “Commission” (in each place where it
occurs) substitute “CMA”.

(3) In subsection (8)(b), for “Commission, the Secretary of State or (as the case
may be) the OFT” substitute “CMA or (as the case may be) the Secretary of
State”.

168 (1) 45Section 135 (variation of references) is amended as follows.

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

(3) In subsection (2)—

(a) omit “OFT or (as the case may be) the”,

Enterprise and Regulatory Reform BillPage 129

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

(c) after “reference” insert “made by him”.

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

169 (1) Section 136 (investigations and reports on market investigation references)
5is amended as follows.

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

(3) For subsection (4) substitute—

(4) Where a reference has been made by the appropriate Minister under
10section 132 the CMA shall, at the same time as the report under this
section is published, give it to the appropriate Minister.

(4) In subsection (5)—

(a) for “OFT” substitute “CMA”, and

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

(5) 15Omit subsection (6).

170 In section 137 (time-limits for market investigations and reports), in
subsections (1), (5) and (6), for “Commission” (in each place where it occurs)
substitute “CMA”.

171 In section 138 (duty to remedy adverse effects), in subsections (1) to (6), for
20“Commission” (in each place where it occurs) substitute “CMA”.

172 In section 139 (public interest intervention by the Secretary of State), in
subsection (2), for “OFT” (in each place where it occurs) substitute “CMA”.

173 In section 140 (intervention notices under section 139(1)), in subsection (5),
for “Commission” (in each place where it occurs) substitute “CMA”.

174 25In section 141 (questions to be decided), in subsections (2) and (3) to (6), for
“Commission” (in each place where it occurs) substitute “CMA”.

175 (1) Section 142 (investigations and reports) is amended as follows.

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

(3) 30In the heading, for “Commission” substitute “CMA”.

176 In section 143 (publication etc. of reports), in subsections (1), (3) and (4), for
“Commission” (in each place where it occurs) substitute “CMA”.

177 In section 144 (time-limits for investigations and reports in public interest
cases), in subsections (1), (4) and (5), for “Commission” (in each place where
35it occurs) substitute “CMA”.

178 In section 145 (restrictions where public interest considerations not
finalised), in subsections (1) to (5), for “Commission” (in each place where it
occurs) substitute “CMA”.

179 In section 146 (decision of Secretary of State), in subsections (2) to (4), for
40“Commission” (in each place where it occurs) substitute “CMA”.

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