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Enterprise and Regulatory Reform BillPage 170

payment to it of the costs it incurred in connection with the
reference., and

(b) in sub-paragraph (5)—

(i) for “The group that makes a determination on a reference
5under section 120” substitute “The CMA”, and

(ii) for “the determination” substitute “a determination on a
reference under section 120”.

Civil Aviation Act 2012

140 The Civil Aviation Act 2012 is amended as follows.

141 (1) 10Section 24 (appeals: conditions of new licences) is amended as follows.

(2) In subsections (1), (3) and (5), for “Competition Commission” (in each place
where it occurs) substitute “Competition and Markets Authority”.

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

142 (1) 15Section 25 (appeals: modification of licence conditions) is amended as
follows.

(2) In subsections (1), (3), (5) and (7), for “Competition Commission” (in each
place where it occurs) substitute “Competition and Markets Authority”.

(3) In the heading, for “Competition Commission” substitute “Competition and
20Markets Authority”.

143 In section 26 (when appeals may be allowed), for “Competition
Commission” substitute “Competition and Markets Authority”.

144 (1) Section 27 (determination of appeal) is amended as follows.

(2) In subsection (1) for “Competition Commission” substitute “Competition
25and Markets Authority”.

(3) In subsection (2)—

(a) for “Competition Commission” substitute “Competition and
Markets Authority”, and

(b) for “the Commission” substitute “the Competition and Markets
30Authority”.

(4) In subsection (4)—

(a) for “Competition Commission” substitute “Competition and
Markets Authority”, and

(b) for “the Commission” substitute “the Competition and Markets
35Authority”.

(5) In subsection (5), for “Competition Commission” substitute “Competition
and Markets Authority”.

145 (1) Section 28 (determination of appeal: time limits) is amended as follows.

(2) In subsections (1), (3) and (4), for “Competition Commission” (in each place
40where it occurs) substitute “Competition and Markets Authority”.

(3) In subsection (5)—

Enterprise and Regulatory Reform BillPage 171

(a) for “Competition Commission” substitute “Competition and
Markets Authority”, and

(b) for “the Commission” substitute “the Competition and Markets
Authority”.

(4) 5In subsections (6) to (8), for “Competition Commission” (in each place where
it occurs) substitute “Competition and Markets Authority”.

146 (1) Section 29 (determination of appeal: publication etc) is amended as follows.

(2) In subsection (1)—

(a) for “Competition Commission” substitute “Competition and
10Markets Authority”, and

(b) for “the Commission” substitute “the Competition and Markets
Authority”.

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

(4) 15In subsection (5)—

(a) for “Competition Commission” substitute “Competition and
Markets Authority” and

(b) for “Commission’s opinion” (in each place where those words occur)
substitute “opinion of the Competition and Markets Authority”.

147 (1) 20Section 30 (procedure on appeals) is amended as follows.

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

(3) For subsection (4), substitute—

(4) Except where specified otherwise in Schedule 2, the functions of the
25Competition and Markets Authority with respect to an appeal under
section 24 or 25 are to be carried out on behalf of the Competition and
Markets Authority by a group constituted for the purpose, by the
chair of the Competition and Markets Authority, under Schedule 4 to
the Enterprise and Regulatory Reform Act 2012.

148 (1) 30Schedule 2 (appeals under sections 24 and 25) is amended as follows.

(2) In paragraph 2—

(a) in sub-paragraph (1)—

(i) for “Competition Commission’s decision” substitute
“decision of the Competition and Markets Authority”, and

(ii) 35for “the Commission” substitute “the Competition and
Markets Authority”,

(b) in sub-paragraphs (5) and (6), for “Competition Commission” (in
each place where it occurs) substitute “Competition and Markets
Authority”,

(c) 40in sub-paragraph (7), for “The Competition Commission” substitute
“An authorised member of the Competition and Markets Authority”,
and

(d) in sub-paragraph (8), in paragraph (d), for “Commission” substitute
“authorised member”.

Enterprise and Regulatory Reform BillPage 172

(3) In paragraph 3, in sub-paragraph (1), for “Competition Commission”
substitute “Competition and Markets Authority”.

(4) In paragraph 4—

(a) in sub-paragraph (1), for “Competition Commission” substitute
5“Competition and Markets Authority”,

(b) in sub-paragraph (2), for “on which the Competition Commission
publishes its” substitute “of publication of the Competition and
Markets Authority’s”, and

(c) in sub-paragraph (3), for “Competition Commission” substitute
10“Competition and Markets Authority”.

(5) In paragraph 5—

(a) in sub-paragraph (1)—

(i) for “Competition Commission’s decision” substitute
“decision of the Competition and Markets Authority”, and

(ii) 15for “the Commission” substitute “the Competition and
Markets Authority”,

(b) in sub-paragraph (2), for “Competition Commission” substitute
“Competition and Markets Authority”,

(c) in sub-paragraph (4), for “The Competition Commission must”
20substitute “An authorised member of the Competition and Markets
Authority must”, and

(d) in sub-paragraph (5), in paragraph (d), for “Commission” substitute
“authorised member”.

(6) In paragraph 6, in sub-paragraph (3), for “Competition Commission”
25substitute “Competition and Markets Authority”.

(7) In paragraph 7, in sub-paragraph (3), for “Competition Commission”
substitute “Competition and Markets Authority”.

(8) In paragraph 8, in sub-paragraph (1), for “Competition Commission”
substitute “Competition and Markets Authority”.

(9) 30In paragraph 9, in sub-paragraph (3), for “Competition Commission’s
decision” substitute “decision of the Competition and Markets Authority”.

(10) In paragraph 10—

(a) in sub-paragraph (1)—

(i) for “Competition Commission’s functions” substitute
35“functions of the Competition and Markets Authority”, and

(ii) for “the Commission” substitute “the Competition and
Markets Authority”,

(b) in sub-paragraph (2), for “Competition Commission” substitute
“Competition and Markets Authority”, and

(c) 40in sub-paragraph (4)—

(i) for “The Competition Commission” substitute “An
authorised member of the Competition and Markets
Authority”, and

(ii) for first “it” substitute “he or she”.

(11) 45In paragraph 11, in sub-paragraph (1), for “Competition Commission”
substitute “Competition and Markets Authority”.

Enterprise and Regulatory Reform BillPage 173

(12) In paragraph 12, in sub-paragraph (3), for “Competition Commission’s
decision” substitute “decision of the Competition and Markets Authority”.

(13) In paragraph 13—

(a) in sub-paragraph (1)—

(i) 5for “Competition Commission’s functions” substitute
“functions of the Competition and Markets Authority”, and

(ii) for “the Commission” substitute “the Competition and
Markets Authority”,

(b) in sub-paragraph (2), for “Competition Commission” substitute
10“Competition and Markets Authority”, and

(c) in sub-paragraph (4)—

(i) for “The Competition Commission” substitute “An
authorised member of the Competition and Markets
Authority”, and

(ii) 15for first “it” substitute “he or she”.

(14) In paragraph 14—

(a) in sub-paragraph (1), for “The Competition Commission must”
substitute “An authorised member of the Competition and Markets
Authority must”,

(b) 20in sub-paragraph (2), for “the Competition Commission must
comply with sub-paragraph (1)” substitute “the requirements of sub-
paragraph (1) must be complied with”,

(c) in sub-paragraph (3), for “The Competition Commission must”
substitute “An authorised member of the Competition and Markets
25Authority must”, and

(d) in sub-paragraph (4), in paragraph (d), for “Commission” substitute
“authorised member”.

(15) In paragraph 15—

(a) in sub-paragraph (1), for “Competition Commission” substitute
30“Competition and Markets Authority”, and

(b) in sub-paragraph (4), in paragraph (a), for “the Competition
Commission” substitute “an authorised member of the Competition
and Markets Authority”.

(16) In paragraph 16—

(a) 35omit sub-paragraph (1),

(b) in sub-paragraph (2)—

(i) for “The group” substitute “A group constituted by the chair
of the Competition and Markets Authority, under Schedule 4
to the Enterprise and Regulatory Reform Act 2012, for the
40purpose of carrying out functions of the Competition and
Markets Authority with respect to an appeal under section 24
or 25”, and

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

(c) omit sub-paragraphs (3) and (4).

(17) 45Omit paragraph 17.

(18) In paragraph 18, in sub-paragraph (1), for “Competition Commission”
substitute “Competition and Markets Authority”.

Enterprise and Regulatory Reform BillPage 174

(19) In paragraph 19—

(a) in sub-paragraph (1)—

(i) for “A group with the function of determining an appeal”
substitute “The Competition and Markets Authority”,

(ii) 5for “the appeal” substitute “an appeal”, and

(iii) for “Competition Commission” substitute “Competition and
Markets Authority”,

(b) In sub-paragraph (3)—

(i) for “A group with the function of determining an appeal”
10substitute “The Competition and Markets Authority”, and

(ii) for “the appeal” substitute “an appeal”, and

(c) in sub-paragraph (4)—

(i) for “A group with the function of determining an appeal”
substitute “The Competition and Markets Authority”, and

(ii) 15for “the appeal” substitute “an appeal”.

(20) In paragraph 20, in sub-paragraph (1), for “Competition Commission”
substitute “Competition and Markets Authority”.

(21) In paragraph 21—

(a) in sub-paragraphs (1) and (2), for “Competition Commission” (in
20each place where it occurs) substitute “Competition and Markets
Authority”,

(b) in sub-paragraph (3), for “Competition Commission’s decision”
substitute “decision of the Competition and Markets Authority”,

(c) in sub-paragraph (4)—

(i) 25for “Competition Commission’s decision” substitute
“decision of the Competition and Markets Authority”, and

(ii) for “the Commission” substitute “the Competition and
Markets Authority”,

(d) in sub-paragraphs (5) and (6), for “Competition Commission” (in
30each place where it occurs) substitute “Competition and Markets
Authority”,

(e) in sub-paragraph (7)—

(i) for “Competition Commission’s decision” substitute
“decision of the Competition and Markets Authority”, and

(ii) 35for “Commission” (in each place where it occurs) substitute
“Competition and Markets Authority”, and

(f) in sub-paragraph (9)—

(i) for “Competition Commission’s decision” substitute
“decision of the Competition and Markets Authority”, and

(ii) 40for “Commission” (in each place where it occurs) substitute
“Competition and Markets Authority”.

(22) In paragraph 22, in sub-paragraph (1), for “Competition Commission”
substitute “Competition and Markets Authority”.

(23) In paragraph 23—

(a) 45in sub-paragraph (1)—

(i) for “Competition Commission” substitute “Competition and
Markets Authority”, and

Enterprise and Regulatory Reform BillPage 175

(ii) for “the Commission” substitute “the Competition and
Markets Authority”, and

(b) in sub-paragraph (4), for the words from “on the” to the end
substitute “on behalf of the Competition and Markets Authority by
5an authorised member of the Competition and Markets Authority”.

(24) In paragraph 24—

(a) in sub-paragraph (1), for “Competition Commission” (in each place
where it occurs) substitute “Competition and Markets Authority”,

(b) in sub-paragraph (3), for “The Competition Commission” substitute
10“An authorised member of the Competition and Markets Authority”,

(c) in sub-paragraph (7), in paragraph (a), for “the Competition
Commission is not required” substitute “there is no requirement”,

(d) in sub-paragraph (9), for “the Competition Commission must pay
the person” substitute “an authorised member of the Competition
15and Markets Authority must arrange for the person to be paid”, and

(e) in sub-paragraph (10), for the words from “on the” to the end
substitute “on behalf of the Competition and Markets Authority by
an authorised member of the Competition and Markets Authority”.

(25) In paragraph 25—

(a) 20in sub-paragraph (1), for “Competition Commission” (in each place
where it occurs) substitute “Competition and Markets Authority”,
and

(b) in sub-paragraph (5), for the words from “on the” to the end
substitute “on behalf of the Competition and Markets Authority by
25an authorised member of the Competition and Markets Authority”.

(26) In paragraph 26, for “Competition Commission” substitute “Competition
and Markets Authority”.

(27) In paragraph 27, in sub-paragraph (2), for “A member of the Competition
Commission” substitute “An authorised member of the Competition and
30Markets Authority”.

(28) In paragraph 29—

(a) in sub-paragraphs (1) to (4), for “the Competition Commission” (in
each place where it occurs) substitute “the Competition and Markets
Authority”,

(b) 35after sub-paragraph (4), insert—

(4A) For the purposes of sub-paragraphs (1) to (4), the consent
of the Competition and Markets Authority is to be given by
an authorised member of the Competition and Markets
Authority., and

(c) 40in sub-paragraph (6), for “Competition Commission” substitute
“Competition and Markets Authority”.

(29) In paragraph 30, in sub-paragraphs (1), (5) and (6), for “Competition
Commission” (in each place where it occurs) substitute “CMA Board”.

(30) In paragraph 31—

(a) 45in sub-paragraph (1)—

(i) for “Competition Commission” substitute “Competition and
Markets Authority”, and

Enterprise and Regulatory Reform BillPage 176

(ii) for “the Commission” substitute “the Competition and
Markets Authority”,

(b) in sub-paragraph (2)—

(i) for “Competition Commission” substitute “Competition and
5Markets Authority”, and

(ii) for “the Commission” substitute “the Competition and
Markets Authority”, and

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

(31) 10In paragraph 33—

(a) for “Competition Commission” substitute “Competition and
Markets Authority or a member of the Competition and Markets
Authority”, and

(b) “it must publish or send it” substitute “it must be published or sent”.

(32) 15In paragraph 34, in sub-paragraph (1)—

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

(b) omit the definition of “Chairman”,

(c) omit the definition of “a group”, and

(d) 45before the definition of “intervener” insert—

Enterprise and Regulatory Reform BillPage 177

Part 2 Amendments to other enactments

Electricity (Northern Ireland) Order 1992 (SI 1992/231 (N.I. 1)SI 1992/231 (N.I. 1))

149 The Electricity (Northern Ireland) Order 1992 is amended as follows.

150 5In article 2 (interpretation), in paragraph (2), before the definition of “the
Department” insert—

151 (1) Article 15 (modification references) is amended as follows.

(2) In paragraph (1)—

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

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

(3) In paragraph (2)—

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

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

(4) 15In paragraph (3), for “Competition Commission” substitute “CMA”.

(5) In paragraph (5)—

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

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

(6) In paragraph (6)—

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

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

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

(8) After paragraph (7) insert—

(7A) 25The functions of the CMA with respect to a reference under this
article 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
functions relating to the making of modifications following a report
30on a reference, and functions under sections 109 to 115 of the
Enterprise Act 2002, as applied by Articles 15B and 17A).

(9) In paragraph (9), for the words from “members” to the end substitute
“persons to membership of the CMA for the purpose of being available for
selection as members of a group constituted to carry out functions on behalf
35of the CMA with respect to a reference under this Article”.

(10) In paragraph (9A), for “selecting” substitute “constituting”.

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

152 In article 15A (references under article 15: time limits), in paragraphs (2) and
(3), for “Competition Commission” (in each place where it occurs) substitute
40“CMA”.

153 (1) Article 16 (reports on modification references) is amended as follows.

Enterprise and Regulatory Reform BillPage 178

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

(3) In paragraph (1A)—

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

(b) for the words from “in connection with” to the end substitute “by the
5chair of the CMA for the purpose of carrying out the functions of the
CMA with respect to the reference”.

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

154 In article 17 (modification following report), in paragraphs (1) and (5), for
10“Competition Commission” (in each place where it occurs) substitute
“CMA”.

155 (1) Article 17A (power to veto modifications following report) is amended as
follows.

(2) In paragraph (1), for the words from the beginning to “Commission”)”
15substitute “The CMA”.

(3) In paragraphs (2) to (8), (10) to (12), (14) and (16), for “Commission” (in each
place where it occurs) substitute “CMA”.

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

156 In article 18 (modification by order under other statutory provisions), in
20paragraph (1), for “Office of Fair Trading, the Competition Commission”
substitute “CMA”.

157 (1) Article 53 (annual and other reports) is amended as follows.

(2) In paragraph (1)(a)(ii), for “Competition Commission” substitute “CMA’s”.

(3) Omit paragraph (6).

25Gas (Northern Ireland) Order 1996 (SI 1996/275 (N.I.2)SI 1996/275 (N.I.2))

158 The Gas (Northern Ireland) Order 1996 is amended as follows.

159 In article 2 (interpretation), in paragraph (2), before the definition of
“construction” insert—

160 (1) 30Article 15 (modification references) is amended as follows.

(2) In paragraph (1)—

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

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

(3) In paragraph (2)—

(a) 35for “Competition Commission” substitute “CMA”, and

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

(4) In paragraph (3)—

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

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

(5) 40In paragraph (4), for “Competition Commission” substitute “CMA”.

Enterprise and Regulatory Reform BillPage 179

(6) In paragraph (6)—

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

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

(7) In paragraph (7)—

(a) 5for “Competition Commission” substitute “CMA”, and

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

(8) In paragraph (8), for “Competition Commission” substitute “CMA”.

(9) After paragraph (8) insert—

(8A) 10The functions of the CMA with respect to a reference under this
article 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
functions relating to the making of modifications following a report
15on a reference, and functions under sections 109 to 115 of the
Enterprise Act 2002, as applied by Articles 15B and 17A).

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

161 In article 15A (references under article 15: time limits), in paragraphs (2) and
20(3), for “Competition Commission” (in each place where it occurs) substitute
“CMA”.

162 (1) Article 16 (reports on modification references) is amended as follows.

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

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

163 In article 17 (modification following report), in paragraphs (1) and (5A), for
“Competition Commission” (in each place where it occurs) substitute
“CMA”.

164 (1) Article 17A (power to veto modifications following report) is amended as
35follows.

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

(3) In paragraphs (2) to (10), (13) to (15), (17) and (19), for “Commission” (in each
place where it occurs) substitute “CMA”.

(4) 40In the heading, for “Competition Commission’s” substitute “CMA’s”.

165 In article 18 (modification by order under other statutory provisions), in
paragraph (1), for “Office of Fair Trading, the Competition Commission”
substitute “CMA”.

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Contents page 70-79 80-89 90-99 100-109 110-119 120-129 130-139 140-149 150-159 160-169 170-179 180-189 190-199 200-209 210-219 220-229 230-239 240-249 250-259 260-262 Last page