Session 2012 - 13
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Enterprise and Regulatory Reform Bill


Enterprise and Regulatory Reform Bill
Schedule 5 — Amendments related to Part 3
Part 2 — Transfer of functions under the 2002 Act to the CMA

131

 

      (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.

      (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”.

5

      (4)  

In paragraph 24 —

(a)   

omit paragraph (a), and

(b)   

in paragraph (b), for “Commission” (in each place where it occurs)

substitute “CMA”.

162        

In Schedule 10 (procedural requirements for certain enforcement

10

undertakings and orders), in paragraph 2(1), for “the OFT, the Commission”

substitute “the CMA”.

Part 4

163   (1)  

Section 131 (power to make market investigation references) is amended as

15

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

constitution of a group under Schedule 4 to the Enterprise and Regulatory

Reform Act 2013 if the CMA”.

20

      (3)  

In the heading, for “OFT” substitute “CMA”.

164   (1)  

Section 132 (ministerial power to make market investigation references) is

amended as follows.

      (2)  

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

“CMA”.

25

      (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 2013”.

165        

In section 133 (contents of references), in subsection (2), for “Commission”

substitute “group constituted by the chair of the CMA in respect of the

30

reference”.

166        

Before section 134 (but after the italic cross-heading immediately preceding

it) insert—

“133A   

Functions to be exercised by CMA groups

(1)   

Where a reference is made to the chair of the CMA under section 131,

35

132 or 140A for the constitution of a group under Schedule 4 to the

Enterprise and Regulatory Reform Act 2013, the functions of the

CMA under or by virtue of the following provisions of this Part in

relation to the matter concerned are to be carried out on behalf of the

CMA by the group so constituted—

40

(a)   

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

(b)   

sections 140B to 145, 148, 148A and 151;

(c)   

sections 157 and 158;

 
 

Enterprise and Regulatory Reform Bill
Schedule 5 — Amendments related to Part 3
Part 2 — Transfer of functions under the 2002 Act to the CMA

132

 

(d)   

section 159;

(e)   

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

(f)   

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

(g)   

section 162(4), so far as relating to an enforcement

undertaking or enforcement order made on behalf of the

5

CMA by the group;

(h)   

section 164(2)(b), so far as relating to an enforcement order

made 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

10

group;

(j)   

section 168;

(k)   

section 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;

15

(l)   

section 172, so far as relating to anything done on behalf of

the CMA by the group;

(m)   

section 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;

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(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)   

section 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

25

accepting or making, or which the group has accepted or

made, on behalf of the CMA.

(2)   

Nothing 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

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(1) has ceased to exist—

(a)   

section 160 and Schedule 10, so far as relating to the making

of 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

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undertakings or the variation or revocation of enforcement

orders;

(c)   

section 162(4);

(d)   

section 164(2)(b);

(e)   

section 167.”

40

167   (1)  

Section 134 (questions to be decided on market investigation references) is

amended as follows.

      (2)  

In 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

45

may be) the OFT” substitute “CMA or (as the case may be) the Secretary of

State”.

168   (1)  

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

 
 

Enterprise and Regulatory Reform Bill
Schedule 5 — Amendments related to Part 3
Part 2 — Transfer of functions under the 2002 Act to the CMA

133

 

      (2)  

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

      (3)  

In subsection (2)—

(a)   

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

(b)   

for “Commission” substitute “CMA”, and

(c)   

after “reference” insert “made by him”.

5

      (4)  

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

169   (1)  

Section 136 (investigations and reports on market investigation references)

is amended as follows.

      (2)  

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

substitute “CMA”.

10

      (3)  

For subsection (4) substitute—

“(4)   

Where a reference has been made by the appropriate Minister under

section 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)—

15

(a)   

for “OFT” substitute “CMA”, and

(b)   

for “Commission” substitute “CMA”.

      (5)  

Omit 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)

20

substitute “CMA”.

171        

In section 138 (duty to remedy adverse effects), in subsections (1) to (6), for

“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”.

25

173        

In section 140 (intervention notices under section 139(1)), in subsection (5),

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

174        

In 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.

30

      (2)  

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

substitute “CMA”.

      (3)  

In 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”.

35

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

it 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

40

occurs) substitute “CMA”.

 
 

Enterprise and Regulatory Reform Bill
Schedule 5 — Amendments related to Part 3
Part 2 — Transfer of functions under the 2002 Act to the CMA

134

 

179        

In section 146 (decision of Secretary of State), in subsections (2) to (4), for

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

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.

5

      (2)  

In subsections (1), (2), (6), (7) and (9), for “Commission” (in each place where

it 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”.

10

183   (1)  

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

      (2)  

In 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

15

procedure) is amended as follows.

      (2)  

In 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”.

20

      (4)  

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

“CMA”.

185   (1)  

Section 152 (certain duties in relation to providing information) is amended

as follows.

      (2)  

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

25

      (3)  

In subsection (3)—

(a)   

for “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

30

subsection (4)—

(a)   

for “OFT” substitute “CMA”,

(b)   

for “by the Secretary of State,” substitute “by the Secretary of State

or”, and

(c)   

omit “or by the Commission”.

35

187        

In section 154 (undertakings in lieu of market investigation references), in

subsections (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)

40

substitute “CMA”.

 
 

Enterprise and Regulatory Reform Bill
Schedule 5 — Amendments related to Part 3
Part 2 — Transfer of functions under the 2002 Act to the CMA

135

 

189        

In section 156 (effect of undertakings under section 154), in subsections (1)

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

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:

5

Part 4) is amended as follows.

      (2)  

In 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—

10

(a)   

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

(b)   

in 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

15

section unless the CMA”.

      (5)  

In 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”.

20

      (3)  

In subsection (5), 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”.

193        

For the italic cross-heading before section 162 substitute “Undertakings and

orders: monitoring, consultation and advice”.

25

194   (1)  

Section 162 (duty to monitor 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)  

In subsection (3)—

30

(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)   

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

35

(ii)   

omit “it (or as the case may be)”,

(c)   

in 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)—

40

(a)   

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

 
 

Enterprise and Regulatory Reform Bill
Schedule 5 — Amendments related to Part 3
Part 2 — Transfer of functions under the 2002 Act to the CMA

136

 

(b)   

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

“(ba)   

any possible variation or release by it of an

enforcement undertaking accepted by it;

(bb)   

any possible new enforcement undertaking to be

accepted by it so as to supersede another enforcement

5

undertaking given to it;

(bc)   

any possible variation or revocation by it of an

enforcement order made by it;

(bd)   

any possible enforcement undertaking to be accepted

by it instead of an enforcement order or any possible

10

enforcement order to be made by it instead of an

enforcement undertaking;”.

      (5)  

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

“CMA”.

      (6)  

In subsection (7)—

15

(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

it under subsection (6)”.

      (7)  

In the heading, for “OFT” substitute “CMA”.

20

195   (1)  

Section 163 (further role in relation to undertakings and orders: Part 4) is

amended as follows.

      (2)  

In subsection (1)—

(a)   

omit “the Commission or”, and

(b)   

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

25

      (3)  

In subsection (2)—

(a)   

for “relevant authority” (in each place where it occurs) substitute

“Secretary of State”, and

(b)   

for “OFT” substitute “CMA”.

      (4)  

In subsection (3)—

30

(a)   

for “relevant authority” (in each place where it occurs) substitute

“Secretary of State”,

(b)   

for “OFT” substitute “CMA”, and

(c)   

for “OFT’s” substitute “CMA’s”.

      (5)  

In subsection (4)—

35

(a)   

for “OFT” substitute “CMA”, and

(b)   

for “relevant authority” substitute “Secretary of State”.

      (6)  

In subsection (5)—

(a)   

for “relevant authority” (in each place where it occurs) substitute

“Secretary of State”, and

40

(b)   

omit “itself”.

      (7)  

In subsection (6)—

(a)   

for “relevant authority” substitute “Secretary of State”, and

(b)   

for “OFT” substitute “CMA”.

 
 

Enterprise and Regulatory Reform Bill
Schedule 5 — Amendments related to Part 3
Part 2 — Transfer of functions under the 2002 Act to the CMA

137

 

      (8)  

For the heading substitute “Role of CMA in relation to undertakings and

orders in public interest cases: Part 4”.

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

5

“CMA”.

      (3)  

In 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

10

(c)   

in paragraph (b), omit “(whether by the Commission, the Secretary

of State or a relevant sectoral regulator)”.

      (4)  

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

      (5)  

In subsection (5)—

(a)   

omit “Commission, the”, and

15

(b)   

for “OFT” substitute “CMA”.

      (6)  

In 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.

20

      (2)  

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

      (3)  

In 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”.

25

      (4)  

Omit subsection (8).

      (5)  

In 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

30

subsection (6)—

(a)   

in 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

35

opening words, for “OFT” (in each place where it occurs) substitute

“CMA”,

(c)   

also in that paragraph of that definition, after sub-paragraph (ii)

insert “; or—

(iii)   

on the questions mentioned in section 134, 141

40

or 141A; and”, and

(d)   

also in that definition, omit paragraph (c) and the word “and”

preceding it.

200   (1)  

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

 
 

 
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Revised 4 February 2013