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Enterprise and Regulatory Reform BillPage 150

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

(3) In subsection (2)—

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

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

(4) 5In subsection (3), for “Competition Commission” substitute “CMA”.

(5) In subsection (5)—

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

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

(6) 10In subsection (6), for “Competition Commission” substitute “CMA”.

(7) After subsection (6) insert—

(6A) 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
154 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 sections 14B and 16B).

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

55 20In section 14A (references under section 14: time limits), in subsections (2)
and (3), for “Competition Commission” (in each place where it occurs)
substitute “CMA”.

56 (1) Section 15 (reports on modification references) is amended as follows.

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

(3) 25In subsection (1A)—

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

(b) for the words from “in connection with the reference” 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”.

(4) 30In subsections (1B), (3) to (3C) and (4), for “Competition Commission” (in
each place where it occurs) substitute “CMA”.

57 In section 16 (modification following report), in subsections (1) and (4A), for
“Competition Commission” (in each place where it occurs) substitute
“CMA”.

58 (1) 35Section 16A (power of veto following report) is amended as follows.

(2) In subsection (1), for the words from the beginning to “the Commission”)”
substitute “The CMA”.

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

(4) 40Omit subsection (10).

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

Enterprise and Regulatory Reform BillPage 151

59 (1) Section 16B (power of veto following report: supplementary) is amended as
follows.

(2) In subsections (2) to (4), (6) and (8), for “Commission” (in each place where
it occurs) substitute “CMA”.

(3) 5In the heading, for “Commission’s” substitute “CMA’s”.

60 In section 17 (modification by order under other enactments), in subsection
(1), for “OFT, the Competition Commission” substitute “CMA”.

61 (1) Section 17K (water supply licences: modification references) is amended as
follows.

(2) 10In subsection (1)—

(a) for the words from “Competition Commission” to “the
Commission”)” substitute “CMA”, and

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

(3) In subsections (2) to (4), (6), (7) and (9), for “Commission” (in each place
15where it occurs) substitute “CMA”.

(4) After subsection (9) insert—

(10) 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
204 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 sections 17M and 17Q).

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

62 25In section 17L (references under section 17K: time limits), in subsections (2)
and (3), for “Commission” (in each place where it occurs) substitute “CMA”.

63 (1) Section 17N (water supply licences: reports on modification references) is
amended as follows.

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

(3) 30In subsection (2)—

(a) for “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”.

(4) 35In subsections (3) to (7) and (9), for “Commission” (in each place where it
occurs) substitute “CMA”.

64 In section 17O (water supply licences: modification following report), in
subsections (1) and (6), for “Commission” (in each place where it occurs)
substitute “CMA”.

65 (1) 40Section 17P (water supply licences: power of veto following report) is
amended as follows.

(2) In subsections (1) to (8) and (10) and (11), for “Commission” (in each place
where it occurs) substitute “CMA”.

Enterprise and Regulatory Reform BillPage 152

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

66 (1) Section 17Q (section 17P: supplementary) is amended as follows.

(2) In subsections (2) to (4), (6) and (8), for “Commission” (in each place where
it occurs) substitute “CMA”.

67 5In section 17R (water supply licences: modification by order under other
enactments), in subsection (1), for “OFT, the Commission” substitute
“CMA”.

68 In section 219 (general interpretation), in subsection (1)—

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

(b) omit the definition of “the OFT”.

Railways Act 1993 (c. 43)1993 (c. 43)

69 The Railways Act 1993 is amended as follows.

70 (1) Section 13 (modification references) is amended as follows.

(2) 15In subsection (1)—

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

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

(3) In subsection (2)—

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

(b) 20for “the Commission” substitute “the CMA”.

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

(5) In subsection (5)—

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

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

(6) 25In subsection (6)—

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

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

(7) In subsection (7), for “Competition Commission” substitute “CMA”.

(8) 30After subsection (9) insert—

(10) 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
4 to the Enterprise and Regulatory Reform Act 2012 (including
35functions 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 sections 13B and 15C).

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

71 In section 13A (references under section 13: time limits), in subsections (2)
40and (3), for “Competition Commission” (in each place where it occurs)
substitute “CMA”.

Enterprise and Regulatory Reform BillPage 153

72 (1) In section 13B (application of 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) the words “, OFCOM or the Secretary of State” were
5omitted; and

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

73 (1) Section 14 (reports on modification references) is amended as follows.

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

(3) 10In subsection (1A)—

(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”.

(4) 15In subsections (1B), (3) to (3C) and (4), for “Competition Commission” (in
each place where it occurs) substitute “CMA”.

74 In section 15 (modification following report), in subsections (1), (4A), (4C)
and (4D), for “Competition Commission” (in each place where it occurs)
substitute “CMA”.

75 (1) 20Section 15A (power to veto modifications following report) is amended as
follows.

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

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

76 (1) 25Section 15B (making of modifications) is amended as follows.

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

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

77 (1) Section 15C (sections 15A and 15B: supplementary) is amended as follows.

(2) 30In subsections (2) to (2B) and (2D), for “Competition Commission” (in each
place where it occurs) substitute “CMA”.

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

(4) In subsection (2G)—

(a) 35for “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
40“its functions”.

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

Enterprise and Regulatory Reform BillPage 154

78 In section 16 (modification by order under other enactments), in subsection
(1), for “OFT, the Competition Commission” substitute “CMA”.

79 (1) Section 74 (annual and other reports) is amended as follows.

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

(3) 5Omit subsection (7).

80 In section 83 (interpretation of Part 1), in subsection (1)—

(a) before the definition of “cross-border service” insert—

(b) omit the definition of “the OFT”.

81 (1) 10Schedule 4A (review of access charges by regulators) is amended as follows.

(2) In the italic cross-heading preceding paragraph 8, for “Competition
Commission reference” substitute “reference to CMA”.

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

(4) 15In the italic cross-heading preceding paragraph 9, for “Competition
Commission” substitute “CMA”.

(5) In paragraph 9—

(a) in sub-paragraphs (1), (3) to (5), and (6A) to (9), for “Competition
Commission” (in each place where it occurs) substitute “CMA”, and

(b) 20after sub-paragraph (9), insert—

(10) The functions of the CMA with respect to a reference under
this paragraph 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
25Reform Act 2012 (including functions relating to the
making of changes following a report on a reference, and
functions under sections 109 to 115 of the Enterprise Act
2002, as applied by paragraphs 10A and 15).

(6) In paragraph 10A, in sub-paragraph (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”.

(7) In paragraph 11—

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

(b) in sub-paragraph (4A)—

(i) 40for “Competition Commission” substitute “CMA”, and

(ii) 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”, and

(c) in sub-paragraphs (4B) to (5C) and (6), for “Competition
45Commission” (in each place where it occurs) substitute “CMA”.

Enterprise and Regulatory Reform BillPage 155

(8) In paragraph 12, in sub-paragraphs (1), (4B), (5), (8) and (9), for
“Competition Commission” substitute “CMA”.

(9) In the italic cross-heading preceding paragraph 13, for “Competition
Commission’s” substitute “CMA’s”.

(10) 5In paragraph 13, in sub-paragraphs (1) to (5), for “Competition Commission”
(in each place where it occurs) substitute “CMA”.

(11) In the italic cross-heading preceding paragraph 14, for “Competition
Commission” substitute “CMA”.

(12) In paragraph 14, in sub-paragraphs (1) to (3) and (5) and (6), for
10“Competition Commission” (in each place where it occurs) substitute
“CMA”.

(13) In paragraph 15—

(a) in sub-paragraphs (2) to (2B) and (2D), for “Competition
Commission” (in each place where it occurs) substitute “CMA”,

(b) 15in sub-paragraph (2F), for “Commission” (in each place where it
occurs) substitute “CMA”,

(c) in sub-paragraph (2G)—

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

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

(a) 20the words “, OFCOM or the Secretary of State” were
omitted; and

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

(d) in sub-paragraphs (3) and (4), for “Competition Commission” (in
25each place where it occurs) substitute “CMA”.

Utilities Act 2000 (c. 27)2000 (c. 27)

82 The Utilities Act 2000 is amended as follows.

83 (1) Section 5 (annual and other reports of Authority) is amended as follows.

(2) In subsection (1)(b), for “Competition Commission” substitute “Competition
30and Markets Authority”.

(3) Omit subsection (9).

84 Section 104 (specialist members of the Competition Commission) is omitted.

Transport Act 2000 (c. 38)2000 (c. 38)

85 The Transport Act 2000 is amended as follows.

86 (1) 35Section 12 (references) is amended as follows.

(2) In subsection (1)—

(a) for “Competition Commission” substitute “Competition and
Markets Authority (referred to in this Chapter as “the CMA”)”, and

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

(3) 40In subsections (2), (3) and (5) to (8), for “Commission” (in each place where
it occurs) substitute “CMA”.

Enterprise and Regulatory Reform BillPage 156

(4) After subsection (8) insert—

(8A) 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
54 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 sections 12B and 18.

(5) In the heading, for “Competition Commission” substitute “Competition and
10Markets Authority”.

87 In section 12A (references under section 12: time limits), in subsections (2)
and (3), for “Competition Commission” (in each place where it occurs)
substitute “CMA”.

88 In section 12B (references under section 12: application of Enterprise Act
152002), in subsection (4)—

(a) for “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) 20for the words “their functions” there were substituted
“its functions”.

89 (1) Section 13 (reports on references) is amended as follows.

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

(3) In subsection (1A)—

(a) 25for “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.”.

(4) In subsections (1B) to (2C), for “Competition Commission” (in each place
30where it occurs) substitute “CMA”.

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

90 (1) Section 14 (modification following report) is amended as follows.

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

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

91 (1) Section 15 (power to give direction) is amended as follows.

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

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

(4) In subsection (3)—

(a) 40for “Commission” substitute “CMA”, and

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

Enterprise and Regulatory Reform BillPage 157

(5) In subsections (4), (9) and (10), for “Commission” (in each place where it
occurs) substitute “CMA”.

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

92 (1) Section 16 (position where direction given) is amended as follows.

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

(3) In subsection (2)—

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

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

(4) In subsection (3)—

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

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

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

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

93 (1) 15Section 17 (duty as to modifications under section 16) is amended as follows.

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

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

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

94 (1) 20Section 18 (sections 15 and 16: general) is amended as follows.

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

(3) In subsection (8), for “Commission” (in each place where it occurs) substitute
“CMA”.

(4) 25In subsection (9)—

(a) for “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) 30for the words “their functions” there were substituted
“its functions”.

95 In section 19 (modification by order under other enactments), in subsection
(1), for “Office of Fair Trading, the Competition Commission” substitute
“CMA”.

96 (1) 35Schedule 10 (competition test: functions and agreements relating to buses) is
amended as follows.

(2) In the italic cross-heading preceding paragraph 5, for “OFT” substitute
“CMA”.

(3) In paragraph 5—

(a) 40for “Office of Fair Trading” substitute “Competition and Markets
Authority”, and

Enterprise and Regulatory Reform BillPage 158

(b) for “OFT”” substitute “CMA””.

(4) In paragraphs 6, 7, 9, 10 and 12 to 14, for “OFT” (in each place where it
occurs) substitute “CMA”.

(5) In paragraph 14A, in sub-paragraphs (2) to (6), for “OFT” (in each place
5where it occurs) substitute “CMA”.

(6) In paragraphs 15 and 16, for “OFT” (in each place where it occurs) substitute
“CMA”.

Communications Act 2003 (c. 21)Communications Act 2003 (c. 21)

97 The Communications Act 2003 is amended as follows.

98 (1) 10Section 193 (reference of price control matters) is amended as follows.

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

(3) In subsection (2)—

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

(b) for “the Commission is to determine that matter” substitute “the
15determination of the matter is 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,
and is to be performed”,

(c) in paragraph (b), for “them” substitute “the CMA”, and

(d) 20in paragraph (c), for “Commission” substitute “CMA”.

(4) In subsection (3)—

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

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

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

(6) 25In subsection (6)—

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

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

(7) In subsections (7) and (8), for “Competition Commission” (in each place
where it occurs) substitute “CMA”.

(8) 30In the heading, for “Competition Commission” substitute “CMA”.

99 Section 194 (composition of Competition Commission for price control
references) is omitted.

100 In section 197 (interpretation of Chapter 3), before the definition of “network
access” insert—

Energy Act 2004 (c. 20)2004 (c. 20)

101 The Energy Act 2004 is amended as follows.

102 (1) Section 173 (appeals) is amended as follows.

(2) In subsection (1)—

Enterprise and Regulatory Reform BillPage 159

(a) omit “shall lie to the Competition Commission”, and

(b) after “applies” insert “shall lie to the Competition and Markets
Authority (in this Chapter referred to as “the CMA”)”.

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

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

103 (1) Section 174 (procedure on appeals) is amended as follows.

(2) Omit subsection (1).

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

(4) 10After subsection (2) insert—

(2A) Except where specified otherwise in Schedule 22, the functions of the
CMA with respect to appeals under section 173 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
15Reform Act 2012.

104 (1) Section 175 (determination of appeals) is amended as follows.

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

(3) In subsection (9)—

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

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

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

105 Section 176 is omitted.

106 25Section 177 is omitted.

107 (1) Schedule 22 (procedure for appeals under section 173) is amended as
follows.

(2) In paragraph 1—

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

(b) 30in sub-paragraph (8), for “Commission’s” substitute “CMA’s”,

(c) in sub-paragraph (9)—

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

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

(d) in sub-paragraph (12), for “the Commission must” substitute “an
35authorised member of the CMA must”.

(3) In paragraph 2, in sub-paragraphs (1), (2), (5) and (6), for “Commission” (in
each place where it occurs) substitute “CMA”.

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

(5) 40In paragraph 4, in sub-paragraph (1), for “Commission” substitute “CMA”.

(6) In paragraph 5—

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