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Enterprise and Regulatory Reform BillPage 130

180 In section 147 (remedial action by Secretary of State), in subsections (3) and
(4), for “Commission” (in each place where it occurs) substitute “CMA”.

181 (1) Section 148 (reversion of the matter) is amended as follows.

(2) In subsections (1), (2), (6), (7) and (9), for “Commission” (in each place where
5it occurs) substitute “CMA”.

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

182 In section 149 (intervention notices under section 139(2)), in subsections (1)
and (5), for “OFT” (in each place where it occurs) substitute “CMA”.

183 (1) Section 150 (power of veto of Secretary of State) is amended as follows.

(2) 10In subsections (1) and (3), for “OFT” (in each place where it occurs) substitute
“CMA”.

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

184 (1) Section 151 (further interaction of intervention notices with general
procedure) is amended as follows.

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

(3) In subsection (4), for “Commission” (in the first place where it occurs)
substitute “CMA”.

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

185 (1) Section 152 (certain duties in relation to providing information) is amended
as follows.

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

(3) In subsection (3)—

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

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

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

186 In section 153 (specified considerations for purposes of Part 4), in
subsection (4)—

(a) 30for “OFT” substitute “CMA”,

(b) for “by the Secretary of State,” substitute “by the Secretary of State
or”, and

(c) omit “or by the Commission”.

187 In section 154 (undertakings in lieu of market investigation references), in
35subsections (1) to (7), for “OFT” (in each place where it occurs) substitute
“CMA”.

188 In section 155 (undertakings in lieu: procedural requirements), in
subsections (1) to (4) and (6) to (9), for “OFT” (in each place where it occurs)
substitute “CMA”.

189 40In section 156 (effect of undertakings under section 154), in subsections (1)
and (2), for “OFT” (in each place where it occurs) substitute “CMA”.

Enterprise and Regulatory Reform BillPage 131

190 In section 159 (final undertakings: Part 4), in subsections (1), (5) and (6) for
“Commission” (in each place where it occurs) substitute “CMA”.

191 (1) Section 160 (order-making power where final undertakings not fulfilled:
Part 4) is amended as follows.

(2) 5In subsection (1)(b), for “the relevant authority or the OFT” substitute “a
relevant person”.

(3) After subsection (1) insert—

(1A) In subsection (1), a “relevant person” means—

(a) in a case where the relevant authority is the CMA, the CMA;

(b) 10in a case where the relevant authority is the Secretary of State,
the Secretary of State or the CMA.

(4) In subsection (6), for the words from the beginning to “OFT” substitute “The
Secretary of State shall not vary or revoke an order made by him under this
section unless the CMA”.

(5) 15In subsection (7), in paragraph (a), for “Commission” (in each place where it
occurs) substitute “CMA”.

192 (1) Section 161 (final orders: Part 4) is amended as follows.

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

(3) In subsection (5), for the words from the beginning to “OFT” substitute “The
20Secretary of State shall not vary or revoke an order made by him under this
section unless the CMA”.

193 For the italic cross-heading before section 162 substitute “Undertakings and
orders: monitoring, consultation and advice”.

194 (1) Section 162 (duty to monitor undertakings and orders: Part 4) is amended as
25follows.

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

(3) In subsection (3)—

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

(i) 30for “OFT” substitute “CMA”, and

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

(b) in paragraph (a)—

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

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

(c) 35in paragraphs (b) to (d), omit “the Commission or (as the case may
be)” (in each place where it occurs), and

(d) in paragraph (e), for “167(6) to (8)” substitute “167(6) and (7)”.

(4) In subsection (4)—

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

(b) 40after paragraph (b) (but before the “or” following it) insert—

(ba) any possible variation or release by it of an
enforcement undertaking accepted by it;

Enterprise and Regulatory Reform BillPage 132

(bb) any possible new enforcement undertaking to be
accepted by it so as to supersede another enforcement
undertaking given to it;

(bc) any possible variation or revocation by it of an
5enforcement order made by it;

(bd) any possible enforcement undertaking to be accepted
by it instead of an enforcement order or any possible
enforcement order to be made by it instead of an
enforcement undertaking;.

(5) 10In subsections (5) and (6), for “OFT” (in each place where it occurs) substitute
“CMA”.

(6) In subsection (7)—

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

(b) omit paragraph (a), and

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

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

195 (1) Section 163 (further role in relation to undertakings and orders: Part 4) is
amended as follows.

(2) 20In subsection (1)—

(a) omit “the Commission or”, and

(b) omit “(in this section “the relevant authority”)”.

(3) In subsection (2)—

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

(b) for “OFT” substitute “CMA”.

(4) In subsection (3)—

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

(b) 30for “OFT” substitute “CMA”, and

(c) for “OFT’s” substitute “CMA’s”.

(5) In subsection (4)—

(a) for “OFT” substitute “CMA”, and

(b) for “relevant authority” substitute “Secretary of State”.

(6) 35In subsection (5)—

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

(b) omit “itself”.

(7) In subsection (6)—

(a) 40for “relevant authority” substitute “Secretary of State”, and

(b) for “OFT” substitute “CMA”.

(8) For the heading substitute “Role of CMA in relation to undertakings and
orders in public interest cases: Part 4”.

Enterprise and Regulatory Reform BillPage 133

196 (1) Section 166 (register of undertakings and orders: Part 4) is amended as
follows.

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

(3) 5In subsection (3)—

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

(b) in paragraph (a), omit “(whether by the Commission, the Secretary
of State or a relevant sectoral regulator)”, and

(c) in paragraph (b), omit “(whether by the Commission, the Secretary
10of State or a relevant sectoral regulator)”.

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

(5) In subsection (5)—

(a) omit “Commission, the”, and

(b) for “OFT” substitute “CMA”.

(6) 15In subsections (6) and (7), for “OFT” (in each place where it occurs) substitute
“CMA”.

197 (1) Section 167 (rights to enforce undertakings and orders under this Part) is
amended as follows.

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

(3) 20In subsection (7)—

(a) after “accepted” insert “by the Secretary of State”,

(b) after “an order” insert “made by the Secretary of State”, and

(c) for “relevant authority” substitute “Secretary of State”.

(4) Omit subsection (8).

(5) 25In subsection (9), for “(6) to (8)” substitute “(6) and (7)”.

198 In section 168 (regulated markets), in subsections (1), (2), (6) and (7), for
“Commission” (in each place where it occurs) substitute “CMA”.

199 In section 169 (certain duties of relevant authorities to consult: Part 4), in
subsection (6)—

(a) 30in the definition of “relevant authority”, for “OFT, the appropriate
Minister or the Commission” substitute “CMA, the appropriate
Minister”,

(b) in the definition of “relevant decision”, in paragraph (a), in the
opening words, for “OFT” (in each place where it occurs) substitute
35“CMA”,

(c) also in that paragraph of that definition, after sub-paragraph (ii)
insert ; or—

(iii) on the questions mentioned in section 134, 141
or 141A; and, and

(d) 40also in that definition, omit paragraph (c) and the word “and”
preceding it.

200 (1) Section 170 (general information duties) is amended as follows.

(2) Omit subsections (1) and (2).

Enterprise and Regulatory Reform BillPage 134

(3) In subsection (3)—

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

(b) in paragraph (a), for “their possession” substitute “its possession”,
5and

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

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

(5) 10In subsection (5), omit the words from the beginning to “and the Secretary
of State” and insert “The Secretary of State”.

201 (1) Section 171 (advice and information: Part 4) is amended as follows.

(2) In subsection (1)—

(a) omit “As soon as reasonably practicable after the passing of this
15Act,”,

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

(c) for “the making of references by it under section 131” substitute

(a) the making and consideration by it of market
investigation references, and

(b) 20the way in which relevant customer benefits may
affect the taking of enforcement action in relation to
such references.

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

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

(5) 25In subsection (5)(b), for “OFT or (as the case may be) the Commission”
substitute “CMA”.

(6) In subsection (6)—

(a) omit “or (3)”, and

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

(7) 30In subsection (7)—

(a) omit “or (3)”, and

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

(8) In subsection (8)—

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

(b) 35for “OFT or (as the case may be) the Commission” substitute “CMA”.

(9) In subsection (9), for “OFT shall consult the Commission and such other
persons” substitute “CMA shall consult such persons”.

(10) Omit subsection (10).

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

(2) 40In subsection (1), for “OFT” substitute “CMA”.

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

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

Enterprise and Regulatory Reform BillPage 135

203 In section 173 (defamation)—

(a) for “OFT” substitute “CMA”,

(b) for “by the Secretary of State,” substitute “by the Secretary of State
or”, and

(c) 5omit “or by the Commission”.

204 In section 174 (investigatory powers), in subsections (3) to (5), for “OFT” (in
each place where it occurs) substitute “CMA”.

205 In section 177 (excisions from reports: Part 4), in subsections (1), (4) and (5),
for “Commission” (in each place where it occurs) substitute “CMA”.

206 (1) 10Section 178 (minority reports: Part 4) is amended as follows.

(2) In subsection (1)—

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

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

(3) 15In the heading, for “Commission” substitute “CMA”.

207 In section 179 (review of decisions under Part 4), in subsection (1)—

(a) for “OFT” substitute “CMA”, and

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

208 20In section 183 (interpretation of Part 4), in subsection (3), for “Commission”
(in each place where it occurs) substitute “CMA”.

209 (1) Section 184 (index of defined expressions: Part 4) is amended as follows.

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

The CMA Section 273

(3) 25Omit the entries in the table for “The Commission” and “The OFT”.

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

Part 6

210 In section 190 (cartel offence: prosecution), in subsections (2)(b) and (4), for
30OFT” substitute “CMA”.

211 In section 192 (investigation of cartel offences), in subsections (1) and (2), for
OFT” (in each place where it occurs) substitute “CMA”.

212 In section 193 (powers when conducting an investigation), in subsections (1)
to (4), for “OFT” (in each place where it occurs) substitute “CMA”.

213 35In section 194 (power to enter premises under a warrant), in subsections (1)
and (2), for “OFT” (in each place where it occurs) substitute “CMA”.

214 In section 195 (exercise of powers by authorised person), in subsection (1),
for “OFT” (in both places where it occurs) substitute “CMA”.

Enterprise and Regulatory Reform BillPage 136

215 In section 196 (privileged information etc), in subsection (2)(b), for “OFT
substitute “CMA”.

216 In section 201 (offences), in subsection (4)(a), for “OFT” substitute “CMA”.

Part 11

217 (1) 5Section 273 (interpretation) is amended as follows.

(2) For the definition of “the Commission” substitute—

(3) Omit the definition of “the OFT”.

Part 3 10Abolition of the Competition Commission

Amendments of the 1998 Act

218 The 1998 Act is amended as follows.

219 In the heading of Chapter 4 of Part 1, omit “The Competition Commission
and”.

220 15Omit section 45 (establishment of Competition Commission) and the cross-
heading preceding it.

221 In section 59 (interpretation of Part 1), in subsection (1), in the definition of
“the Commission”, omit “(except in relation to the Competition
Commission)”.

222 20Omit Schedule 7 (Competition Commission).

223 Omit Schedule 7A (Competition Commission: procedural rules for mergers
and markets refinances).

Amendments of the 2002 Act

224 The 2002 Act is amended as follows.

225 25Omit sections 185 to 187 (the Competition Commission).

226 In Schedule 3 (the Competition Service), omit Part 2 (transfers of property
etc between the Competition Commission and the Competition Service).

227 Omit Schedule 11 (the Competition Commission).

228 Omit Schedule 12 (Competition Commission: certain procedural rules).

30Part 4 Abolition of the Office of Fair Trading

229 Omit sections 1 to 4 of, and Schedule 1 to, the 2002 Act (which make
provision about the establishment of the Office of Fair Trading), and the
italic cross-heading preceding section 1.

Enterprise and Regulatory Reform BillPage 137

Section 21(4)

SCHEDULE 6 Regulatory appeals etc: minor and consequential amendments

Part 1 Amendments to Acts

5Competition Act 1980 (c. 21)1980 (c. 21)

1 The Competition Act 1980 is amended as follows.

2 (1) Section 11 (reference of public bodies and certain other persons to the
Commission) is amended as follows.

(2) In subsections (1), (5), (6), (8) and (10), for “Commission” (in each place
10where it occurs) substitute “CMA” .

(3) After subsection (10) insert—

(10A) The functions of the CMA with respect to a reference under this
section (including functions under sections 109 to 115 of the
Enterprise Act 2002, as applied by section 11B) are to be carried out
15on 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.

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

3 In section 11A (references under section 11: time-limits), in subsections (2)
20and (3), for “Commission” (in each place where it occurs) substitute “CMA”.

4 (1) Section 11C (references under section 11: further supplementary provisions)
is amended as follows.

(2) In subsection (1), for the words from “the words” to the end, substitute

(a) the words “, OFCOM or the Secretary of State” were omitted,
25and

(b) for the words “their functions” there were substituted “its
functions”.

(3) In subsection (3)—

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

(b) 30for 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”.

5 In section 12 (orders following report under section 11), in subsections (1) to
(3) and (5), for “Commission” (in each place where it occurs) substitute
35“CMA”.

6 In section 16 (general provisions as to reports), in subsection (2), for
“Commission” substitute “CMA”.

7 In section 17 (laying before Parliament and publication of reports), in
subsection (6), for “Commission” substitute “CMA”.

8 40In section 33 (short title, interpretation, etc), in subsection (2), for ““the
Commission”” substitute ““the CMA””.

Enterprise and Regulatory Reform BillPage 138

Solicitors (Scotland) Act 1980 (c. 46)1980 (c. 46)

9 The Solicitors (Scotland) Act 1980 is amended as follows.

10 In section 25A (rights of audience in the Court of Session etc), in subsections
(9) and (11), for “Director” (in each place where it occurs) substitute “CMA”.

11 (1) 5Section 64A (advisory and supervisory functions) is amended as follows.

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

(3) In subsection (3)—

(a) for “Director has completed his consideration he” substitute “CMA
10has completed its consideration, the CMA”, and

(b) for “he thinks” substitute “it thinks”.

(4) In subsection (4), for “The Director may publish any advice given by him”
substitute “The CMA may publish advice given”.

(5) In subsection (5)—

(a) 15for “Director” substitute “CMA”, and

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

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

(7) In the heading, for “Director General of Fair Trading” substitute
“Competition and Markets Authority”.

12 (1) 20Section 64C (investigatory powers) is amended as follows.

(2) In subsection (1)—

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

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

(3) After subsection (2) insert—

(2A) 25A notice under this section may be issued on the CMA’s behalf by
any member of the CMA Board.

(4) In the heading, for “Director” substitute “Competition and Markets
Authority”.

13 In section 64CA (enforcement of notices under section 64C), in subsections
30(1) and (2), for “Office of Fair Trading” (in each place where it occurs)
substitute “CMA”.

14 (1) In section 65 (interpretation), in subsection (1)—

(a) before the definition of “the Council” insert—

(b) omit the definition of “the Director”.

Enterprise and Regulatory Reform BillPage 139

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

15 The Gas Act 1986 is amended as follows.

16 (1) Section 23B (appeals) is amended as follows.

(2) In subsection (1), for “Competition Commission (“the Commission”)”
5substitute “CMA”.

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

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

17 (1) Section 23C (procedure on appeal) is amended as follows.

(2) 10Omit subsection (1).

(3) In subsection (2), omit “Instead,”.

(4) After subsection (2) insert—

(2A) Except where specified otherwise in Schedule 4A, the functions of
the CMA with respect to an appeal under section 23B are to be
15carried 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.

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

18 (1) Section 23D (determination of appeal) is amended as follows.

(2) 20In subsections (2) to (5), for “Commission” (in each place where it occurs)
substitute “CMA”.

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

19 (1) Section 23E (powers on allowing appeal) is amended as follows.

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

(3) 25In subsection (2)—

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

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

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

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

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

20 (1) Section 23F (time limits for determination of appeal) is amended as follows.

(2) In subsections (1), (3) to (5) and (7), for “Commission” (in each place where
35it occurs) substitute “CMA”.

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

21 (1) Section 23G (supplementary provision about determination of appeal) is
amended as follows.

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