Enterprise and Regulatory Reform Bill (HL Bill 45)

Enterprise and Regulatory Reform BillPage 140

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

(3) In subsection (2)—

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

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

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

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

22 In section 27 (modification by order under other enactments), in subsection
10(1), for “Office of Fair Trading, the Competition Commission” substitute
“CMA”.

23 (1) Section 41D (application by Authority for order including new activities) is
amended as follows.

(2) In subsection (3), for the words from “shall” to the end, substitute “shall,
15before making the application, make a reference under section 41E to the
CMA”.

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

(4) After subsection (6), insert—

(7) 20The functions of the CMA with respect to a reference under section
41E (including functions under sections 109 to 115 of the Enterprise
Act 2002, as applied by section 41EB) are to be carried 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
252012.

24 (1) Section 41E (references) is amended as follows.

(2) In subsection (1)—

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

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

(3) 30In subsections (2), (3), (5) and (6), for “Commission” (in each place where it
occurs) substitute “CMA”.

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

25 In section 41EA (references under section 41E: time limits), in subsections (2)
and (3), for “Competition Commission” (in each place where it occurs)
35substitute “CMA”.

26 In section 41EB (references under section 41E: application of the Enterprise
Act 2002), in subsection (4)—

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

(b) for the words from “the words” to the end, substitute

(a) 40the words “, OFCOM or the Secretary of State” were
omitted; and

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

Enterprise and Regulatory Reform BillPage 141

27 (1) Section 41F (reports on references) is amended as follows.

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

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

(4) 5In subsection (3A)—

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

(b) for 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) 10In subsections (3B) to (4C), for “Competition Commission” (in each place
where it occurs) substitute “CMA”.

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

28 In section 48 (interpretation of Part 1), in subsection (1), after the definition
of “calorific value” insert—

  • 15“the CMA” means the Competition and Markets Authority;.

29 (1) Schedule 4A (procedure for appeals under section 23B) is amended as
follows.

(2) In paragraph 1—

(a) in sub-paragraphs (1) and (7), for “Commission” (in each place where
20it occurs) substitute “CMA”,

(b) in sub-paragraph (8)—

(i) for “Commission’s” substitute “CMA’s”, and

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

(c) in sub-paragraph (9)—

(i) 25for “deciding” substitute “the authorised member decides”,
and

(ii) for “the Commission must give the Authority” substitute “the
Authority must be given”,

(d) in sub-paragraph (10), for “Commission’s” substitute “CMA’s”,

(e) 30in sub-paragraph (12), for “the Commission must” substitute “an
authorised member of the CMA must”, and

(f) in sub-paragraph (13)—

(i) for “of the Commission” substitute “of the CMA”, and

(ii) for “as the Commission” substitute “as an authorised
35member of the CMA”.

(3) In paragraph 2—

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

(b) in sub-paragraph (2)(b), for “the Commission has given the
Authority” substitute “the Authority has been given”,

(c) 40in sub-paragraph (3), for “Commission’s” substitute “CMA’s”,

(d) in sub-paragraph (4), for “Commission” substitute “CMA”,

(e) in sub-paragraph (5)—

(i) for “Commission’s” substitute “CMA’s”, and

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

(f) 45in sub-paragraph (6)—

Enterprise and Regulatory Reform BillPage 142

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

(ii) in paragraph (b), for “the Commission” substitute “an
authorised member of the CMA”.

(4) In paragraph 3, in sub-paragraphs (1) and (3), for “Commission” (in each
5place where it occurs) substitute “CMA”.

(5) In paragraph 4—

(a) omit sub-paragraph (1),

(b) in sub-paragraph (2)—

(i) after “group” insert “constituted by the chair of the CMA
10under Schedule 4 to the Enterprise and Regulatory Reform
Act 2012 for the purpose of carrying out functions of the
CMA with respect to an appeal under section 23B”, and

(ii) for “Commission” substitute “CMA panel”,

(c) omit sub-paragraphs (3) to (7), and

(d) 15in sub-paragraph (8), for “a group” substitute “the group”.

(6) In paragraph 5, in sub-paragraph (1)—

(a) for “The group with the function of determining an appeal”
substitute “The CMA”, and

(b) for “determination of the appeal” substitute “determination of an
20appeal”.

(7) In paragraph 6—

(a) in sub-paragraph (1), for “Commission” (in each place where it
occurs) substitute “CMA”,

(b) in sub-paragraph (4)—

(i) 25for “The Commission may take copies” substitute “An
authorised member of the CMA may, for the purpose of the
exercise of the functions of the CMA, make arrangements for
copies to be taken”, and

(ii) omit “to it”, and

(c) 30in sub-paragraph (5), in paragraph (a), for the words from
“Commission’s” to the end of paragraph (a), substitute “CMA’s
behalf by an authorised member of the CMA”.

(8) In paragraph 7—

(a) in sub-paragraph (2), for “Commission” substitute “CMA”,

(b) 35in sub-paragraph (5)(a), for “the Commission is not required”
substitute “there is no requirement”,

(c) in sub-paragraph (7), for “the Commission must pay that person”
substitute “an authorised member of the CMA must arrange for that
person to be paid”, and

(d) 40in sub-paragraph (8), for the words from “Commission’s” to the end,
substitute “CMA’s behalf by an authorised member of the CMA”.

(9) In paragraph 8—

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

(b) in sub-paragraph (4), for the words from “Commission’s” to the end,
45substitute “CMA’s behalf by an authorised member of the CMA”.

(10) In paragraph 9, for “Commission” substitute “CMA”.

Enterprise and Regulatory Reform BillPage 143

(11) In paragraph 10, in sub-paragraph (1), for “a member of the Commission”
substitute “an authorised member of the CMA”.

(12) In paragraph 11, in sub-paragraphs (1), (3) and (4), for “Commission” (in
each place where it occurs) substitute “CMA Board”.

(13) 5In paragraph 12, in sub-paragraphs (1) and (2), for “Commission” (in each
place where it occurs) substitute “CMA”.

(14) In paragraph 13, in sub-paragraph (1)—

(a) for the definition of “authorised member of the Commission”
substitute—

  • 10“authorised member of the CMA”—

    (a)

    in relation to a power exercisable in
    connection with an appeal in respect of which
    a group has been constituted by the chair of
    the CMA under Schedule 4 to the Enterprise
    15and Regulatory Reform Act 2012, means a
    member of that group who has been
    authorised by the chair of the CMA to exercise
    that power;

    (b)

    in relation to a power exercisable in
    20connection with an application for permission
    to bring an appeal, or otherwise in connection
    with an appeal in respect of which a group has
    not been so constituted by the chair of the
    CMA, means—

    (i)

    25any member of the CMA Board who is
    also a member of the CMA panel, or

    (ii)

    any member of the CMA panel
    authorised by the Secretary of State
    (whether generally or specifically) to
    30exercise the power in question.,

(b) omit the definition of “the Chairman”,

(c) for the definition of “the Commission” substitute—

  • “CMA Board” and “CMA panel” have the same
    meaning as in Schedule 4 to the Enterprise and
    35Regulatory Reform Act 2012;, and

(d) omit the definition of a “group”.

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

30 The Electricity Act 1989 is amended as follows.

31 (1) Section 11C (appeals) is amended as follows.

(2) 40In subsection (1), for “Competition Commission (“the Commission”)”
substitute “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”.

32 (1) 45Section 11D (procedure on appeal) is amended as follows.

Enterprise and Regulatory Reform BillPage 144

(2) Omit subsection (1).

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

(4) After subsection (2) insert—

(2A) Except where specified otherwise in Schedule 5A, the functions of
5the CMA with respect to an appeal under section 11C are to be
carried 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”.

33 (1) 10Section 11E (determination of appeal) is amended as follows.

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

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

34 (1) Section 11F (powers on allowing appeal) is amended as follows.

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

(3) In subsection (2)—

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

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

(4) 20In subsection (3), for “Commission” (in each place where it occurs) substitute
“CMA”.

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

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

35 (1) Section 11G (time limits for determination of appeal) is amended as follows.

(2) 25In subsection (1), for “Commission” substitute “CMA”.

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

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

36 (1) Section 11H (supplementary provision about determination of appeal) is
30amended as follows.

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

(3) In subsection (2)—

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

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

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

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

Enterprise and Regulatory Reform BillPage 145

37 In section 15 (modification by order under other enactments), in subsection
(1) for “Office of Fair Trading, the Competition Commission” substitute
“CMA”.

38 (1) Section 56B (application for order including new activities) is amended as
5follows.

(2) In subsection (3), for the words from “shall” to the end, substitute “shall,
before making the application, make a reference under section 56C to the
CMA”.

(3) In subsections (4) and (5), for “Commission” (in each place where it occurs)
10substitute “CMA”.

(4) After subsection (6), insert—

(7) The functions of the CMA with respect to a reference under section
56C (including functions under sections 109 to 115 of the Enterprise
Act 2002, as applied by section 56CB) are to be carried out on behalf
15of 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.

39 (1) Section 56C (references) is amended as follows.

(2) In subsection (1)—

(a) 20for “Competition Commission” substitute “CMA”, and

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

(3) In subsections (2), (3), (5) and (6), for “Commission” (in each place where it
occurs) substitute “CMA”.

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

40 25In section 56CA (references under section 56C: time limits), in subsections (2)
and (3), for “Competition Commission” (in each place where it occurs)
substitute “CMA”.

41 In section 56CB (references under section 56C: application of Enterprise Act
2002), in subsection (4)—

(a) 30for “Competition Commission” substitute “CMA”, and

(b) for the words from “the words” to the end, substitute

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

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

42 (1) Section 56D (reports on references) is amended as follows.

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

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

(4) 40In subsection (3A)—

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

(b) for 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”.

Enterprise and Regulatory Reform BillPage 146

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

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

43 In section 64 (interpretation etc of Part 1), in subsection (1), after the
5definition of “authorised supplier” insert—

  • “the CMA” means the Competition and Markets Authority;.

44 (1) Schedule 5A (procedure for appeals under section 11C) is amended as
follows.

(2) In paragraph 1—

(a) 10in sub-paragraphs (1) and (7), for “Commission” (in each place where
it occurs) substitute “CMA”,

(b) in sub-paragraph (8)—

(i) for “Commission’s” substitute “CMA’s”, and

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

(c) 15in sub-paragraph (9)—

(i) for “deciding” substitute “the authorised member decides”,

(ii) for “the Commission must give the Authority” substitute “the
Authority must be given”,

(d) in sub-paragraph (10), for “Commission’s” substitute “CMA’s”,

(e) 20in sub-paragraph (12), for “the Commission must” substitute “an
authorised member of the CMA must”, and

(f) in sub-paragraph (13)—

(i) for “of the Commission” substitute “of the CMA”, and

(ii) for “as the Commission” substitute “as an authorised
25member of the CMA”.

(3) In paragraph 2—

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

(b) in sub-paragraph (2)(b), for “the Commission has given the
Authority” substitute “the Authority has been given”,

(c) 30in sub-paragraph (3), for “Commission’s” substitute “CMA’s”,

(d) in sub-paragraph (4), for “Commission” substitute “CMA”,

(e) in sub-paragraph (5)—

(i) for “Commission’s” substitute “CMA’s”, and

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

(f) 35in sub-paragraph (6)—

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

(ii) in paragraph (b), for “the Commission” substitute “an
authorised member of the CMA”.

(4) In paragraph 3, in sub-paragraphs (1) and (3), for “Commission” (in each
40place where it occurs) substitute “CMA”.

(5) In paragraph 4—

(a) omit sub-paragraph (1),

(b) in sub-paragraph (2)—

(i) after “group” insert “constituted by the chair of the CMA
45under Schedule 4 to the Enterprise and Regulatory Reform

Enterprise and Regulatory Reform BillPage 147

Act 2012 for the purpose of carrying out functions of the
CMA with respect to an appeal under section 11C”, and

(ii) for “Commission” substitute “CMA panel”,

(c) omit sub-paragraphs (3) to (7), and

(d) 5in sub-paragraph (8), for “a group” substitute “the group”.

(6) In paragraph 5, in sub-paragraph (1)—

(a) for “The group with the function of determining an appeal”
substitute “The CMA”, and

(b) for “determination of the appeal” substitute “determination of an
10appeal”.

(7) In paragraph 6—

(a) in sub-paragraph (1), for “Commission” (in each place where it
occurs) substitute “CMA”,

(b) in sub-paragraph (4)—

(i) 15for “The Commission may take copies” substitute “An
authorised member of the CMA may, for the purpose of the
exercise of the functions of the CMA, make arrangements for
copies to be taken”, and

(ii) omit “to it”, and

(c) 20in sub-paragraph (5), in paragraph (a), for the words from
“Commission’s” to the end of paragraph (a), substitute “CMA’s
behalf by an authorised member of the CMA”.

(8) In paragraph 7—

(a) in sub-paragraph (2), for “Commission” substitute “CMA”,

(b) 25in sub-paragraph (5)(a), for “the Commission is not required”
substitute “there is no requirement”,

(c) in sub-paragraph (7), for “the Commission must pay that person”
substitute “an authorised member of the CMA must arrange for that
person to be paid”, and

(d) 30in sub-paragraph (8), for the words from “Commission’s” to the end,
substitute “CMA’s behalf by an authorised member of the CMA”.

(9) In paragraph 8—

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

(b) in sub-paragraph (4), for the words from “Commission’s” to the end,
35substitute “CMA’s behalf by an authorised member of the CMA”.

(10) In paragraph 9, for “Commission” substitute “CMA”.

(11) In paragraph 10, in sub-paragraph (1), for “a member of the Commission”
substitute “an authorised member of the CMA”.

(12) In paragraph 11, in sub-paragraphs (1), (3) and (4), for “Commission” (in
40each place where it occurs) substitute “CMA Board”.

(13) In paragraph 12, in sub-paragraphs (1) and (2), for “Commission” (in each
place where it occurs) substitute “CMA”.

(14) In paragraph 13, in sub-paragraph (1)—

(a) for the definition of “authorised member of the Commission”
45substitute—

  • “authorised member of the CMA”—

    Enterprise and Regulatory Reform BillPage 148

    (a)

    in relation to a power exercisable in
    connection with an appeal in respect of which
    a group has been constituted by the chair of
    the CMA under Schedule 4 to the Enterprise
    5and Regulatory Reform Act 2012, means a
    member of that group who has been
    authorised by the chair of the CMA to exercise
    that power;

    (b)

    in relation to a power exercisable in
    10connection with an application for permission
    to bring an appeal, or otherwise in connection
    with an appeal in respect of which a group has
    not been so constituted by the chair of the
    CMA, means—

    (i)

    15any member of the CMA Board who is
    also a member of the CMA panel, or

    (ii)

    any member of the CMA panel
    authorised by the Secretary of State
    (whether generally or specifically) to
    20exercise the power in question.,

(b) omit the definition of “the Chairman”,

(c) for the definition of “the Commission” substitute—

  • “CMA Board” and “CMA panel” have the same
    meaning as in Schedule 4 to the Enterprise and
    25Regulatory Reform Act 2012;, and

(d) omit the definition of a “group”.

Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40)1990 (c. 40)

45 The Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 is amended
as follows.

46 30In section 26 (consideration of applications made under section 25), in
subsection (3), for “Director” substitute “CMA”.

47 In section 31 (rules of conduct), in subsection (2), for “Director” (in each place
where it occurs) substitute “CMA”.

48 (1) Section 40 (advisory and supervisory functions of Director) is amended as
35follows.

(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
40has completed its consideration it”, and

(b) for “as he” substitute “as it”.

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

(5) In subsection (5)—

(a) 45for “Director” substitute “CMA”, and

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

Enterprise and Regulatory Reform BillPage 149

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

49 (1) Section 41 (investigatory powers of Director) is amended as follows.

(2) In subsection (1)—

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

(b) 5in paragraphs (a) and (b), for “him” in each place substitute “the
CMA”.

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

50 In section 41A (enforcement of notices under section 41), in subsections (1)
and (2), for “Office of Fair Trading” (in each place where it occurs) substitute
10“CMA”.

51 In section 44 (interpretation of Part 2)—

(a) after the definition of “advocate” insert—

  • “the CMA” means the Competition and Markets
    Authority;, and

(b) 15omit the definition of “the OFT”.

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

52 The Water Industry Act 1991 is amended as follows.

53 (1) Section 12 (determinations under conditions of appointment) is amended as
follows.

(2) 20In subsection (2)—

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

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

(3) In subsection (3)—

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

(b) 25for “that Commission” (in each place where it occurs) substitute “the
CMA”.

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

(5) In subsections (3B) and (3C), for “Competition Commission” (in each place
30where it occurs) substitute “CMA”.

(6) After subsection (3C) insert—

(3D) The functions of the CMA with respect to a reference under this
section are to be carried out on behalf of the CMA by a group
constituted for the purpose by the chair of the CMA under Schedule
354 to the Enterprise and Regulatory Reform Act 2012 (including
functions relating to the making of modifications following a report
on a reference, and functions under sections 109 to 115 of the
Enterprise Act 2002, as applied by subsection (3B) read with section
16B).

54 (1) 40Section 14 (modification references) is amended as follows.

(2) In subsection (1)—

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