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

138

 

      (2)  

Omit subsections (1) and (2).

      (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”,

5

and

(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”.

10

      (5)  

In 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

15

Act,”,

(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

20

(b)   

the 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).

25

      (5)  

In 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”.

30

      (7)  

In 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

35

(b)   

for “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.

40

      (2)  

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

      (3)  

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

 
 

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

139

 

      (4)  

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

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

5

(c)   

omit “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”.

10

206   (1)  

Section 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)”, and

(b)   

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

15

      (3)  

In 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”.

20

208        

In 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”.

 

25

      (3)  

Omit 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

30

“OFT” 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”.

35

213        

In section 194 (power to enter premises under a warrant), in subsections (1)

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

 
 

Enterprise and Regulatory Reform Bill
Schedule 5 — Amendments related to Part 3
Part 3 — Abolition of the Competition Commission

140

 

214        

In section 195 (exercise of powers by authorised person), in subsection (1),

for “OFT” (in both places where it occurs) substitute “CMA”.

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”.

5

Part 11

217   (1)  

Section 273 (interpretation) is amended as follows.

      (2)  

For the definition of “the Commission” substitute—

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

      (3)  

Omit the definition of “the OFT”.

10

Part 3

Abolition 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

15

and”.

220        

Omit 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

20

Commission)”.

222        

Omit Schedule 7 (Competition Commission).

223        

Omit Schedule 7A (Competition Commission: procedural rules for mergers

and markets refinances).

Amendments of the 2002 Act

25

224        

The 2002 Act is amended as follows.

225        

Omit 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).

30

228        

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

 
 

Enterprise and Regulatory Reform Bill
Schedule 6 — Regulatory appeals etc: minor and consequential amendments
Part 1 — Amendments to Acts

141

 

Part 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.

5

Schedule 6

Section 21(4)

 

Regulatory appeals etc: minor and consequential amendments

Part 1

Amendments to Acts

Competition Act 1980 (c. 21)

10

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

where it occurs) substitute “CMA” .

15

      (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

on behalf of the CMA by a group constituted for the purpose by the

20

chair of the CMA under Schedule 4 to the Enterprise and Regulatory

Reform Act 2013.”

      (4)  

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

3          

In section 11A (references under section 11: time-limits), in subsections (2)

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

25

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,

and

30

(b)   

for the words “their functions” there were substituted “its

functions”.”

      (3)  

In subsection (3)—

(a)   

for “Commission” substitute “CMA”, and

(b)   

for the words from “in connection with” to the end, substitute “by the

35

chair of the CMA for the purpose of carrying out the functions of the

CMA with respect to the reference”.

 
 

Enterprise and Regulatory Reform Bill
Schedule 6 — Regulatory appeals etc: minor and consequential amendments
Part 1 — Amendments to Acts

142

 

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

“CMA”.

6          

In section 16 (general provisions as to reports), in subsection (2), for

“Commission” substitute “CMA”.

5

7          

In section 17 (laying before Parliament and publication of reports), in

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

8          

In section 33 (short title, interpretation, etc), in subsection (2), for ““the

Commission”” substitute ““the CMA””.

Solicitors (Scotland) Act 1980 (c. 46)

10

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)  

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

      (2)  

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

15

substitute “CMA”.

      (3)  

In subsection (3)—

(a)   

for “Director has completed his consideration he” substitute “CMA

has completed its consideration, the CMA”, and

(b)   

for “he thinks” substitute “it thinks”.

20

      (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)   

for “Director” substitute “CMA”, and

(b)   

for “Director’s” substitute “CMA’s”.

25

      (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)  

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

      (2)  

In subsection (1)—

30

(a)   

for “Director” substitute “CMA”, and

(b)   

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

      (3)  

After subsection (2) insert—

“(2A)   

A notice under this section may be issued on the CMA’s behalf by

any member of the CMA Board.”

35

      (4)  

In the heading, for “Director” substitute “Competition and Markets

Authority”.

13         

In section 64CA (enforcement of notices under section 64C), in subsections

(1) and (2), for “Office of Fair Trading” (in each place where it occurs)

substitute “CMA”.

40

 
 

Enterprise and Regulatory Reform Bill
Schedule 6 — Regulatory appeals etc: minor and consequential amendments
Part 1 — Amendments to Acts

143

 

14    (1)  

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

(a)   

before the definition of “the Council” insert—

““the CMA” means the Competition and Markets

Authority;

“the CMA Board” has the same meaning as in Schedule

5

4 to the Enterprise and Regulatory Reform Act 2013;”,

and

(b)   

omit the definition of “the Director”.

Gas Act 1986 (c. 44)

15         

The Gas Act 1986 is amended as follows.

10

16    (1)  

Section 23B (appeals) is amended as follows.

      (2)  

In 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”.

15

      (4)  

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

17    (1)  

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

      (2)  

Omit subsection (1).

      (3)  

In subsection (2), omit “Instead,”.

      (4)  

After subsection (2) insert—

20

“(2A)   

Except where specified otherwise in Schedule 4A, the functions of

the CMA with respect to an appeal under section 23B 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 2013.”

25

      (5)  

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

18    (1)  

Section 23D (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”.

30

19    (1)  

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

      (2)  

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

      (3)  

In subsection (2)—

(a)   

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

and

35

(b)   

for “Commission’s” substitute “CMA’s”.

      (4)  

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

“CMA”.

      (5)  

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

 
 

Enterprise and Regulatory Reform Bill
Schedule 6 — Regulatory appeals etc: minor and consequential amendments
Part 1 — Amendments to Acts

144

 

      (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

it occurs) substitute “CMA”.

      (3)  

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

5

21    (1)  

Section 23G (supplementary provision about determination of appeal) is

amended as follows.

      (2)  

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

“CMA”.

      (3)  

In subsection (2)—

10

(a)   

for “Commission” substitute “CMA”, and

(b)   

for “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”.

15

22         

In section 27 (modification by order under other enactments), in subsection

(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.

20

      (2)  

In subsection (3), for the words from “shall” to the end, substitute “shall,

before 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”.

25

      (4)  

After subsection (6), insert—

“(7)   

The 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

30

CMA under Schedule 4 to the Enterprise and Regulatory Reform Act

2013.”

24    (1)  

Section 41E (references) is amended as follows.

      (2)  

In subsection (1)—

(a)   

for “Competition Commission” substitute “CMA”, and

35

(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”.

25         

In section 41EA (references under section 41E: time limits), in subsections (2)

40

and (3), for “Competition Commission” (in each place where it occurs)

substitute “CMA”.

 
 

 
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Revised 4 February 2013