Enterprise and Regulatory Reform Bill

Session 2012 - 13
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Enterprise and Regulatory Reform Bill

Enterprise and Regulatory Reform Bill
Schedule 6 — Regulatory appeals etc: minor and consequential amendments
Part 1 — Amendments to Acts
152

     (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”
substitute—
5
““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
10
and Regulatory Reform Act 2013, 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
15
connection 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—
20
(i)
any 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
25
exercise 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
30
Regulatory Reform Act 2013;”, and
(d)
omit the definition of a “group”.
Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40)
45
The Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 is amended
as follows.
35
46
In 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
40
follows.
      (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
45
has completed its consideration it”, and
(b)
for “as he” substitute “as it”.

Enterprise and Regulatory Reform Bill
Schedule 6 — Regulatory appeals etc: minor and consequential amendments
Part 1 — Amendments to Acts
153

      (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)
for “Director” substitute “CMA”, and
(b)
for “Director’s” substitute “CMA’s”.
5
      (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)
in paragraphs (a) and (b), for “him” in each place substitute “the
10
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
“CMA”.
15
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)
omit the definition of “the OFT”.
20
Water Industry Act 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)
In subsection (2)—
25
(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)
for “that Commission” (in each place where it occurs) substitute “the
30
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
where it occurs) substitute “CMA”.
35
      (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
4 to the Enterprise and Regulatory Reform Act 2013 (including
40
functions relating to the making of modifications following a report
on a reference, and functions under sections 109 to 115 of the

Enterprise and Regulatory Reform Bill
Schedule 6 — Regulatory appeals etc: minor and consequential amendments
Part 1 — Amendments to Acts
154

Enterprise Act 2002, as applied by subsection (3B) read with section
16B).”
54    (1)
Section 14 (modification references) is amended as follows.
      (2)
In subsection (1)—
(a)
for “Competition Commission” substitute “CMA”, and
5
(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)
In subsection (3), for “Competition Commission” substitute “CMA”.
10
      (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)
In subsection (6), for “Competition Commission” substitute “CMA”.
15
      (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
4 to the Enterprise and Regulatory Reform Act 2013 (including
20
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
In section 14A (references under section 14: time limits), in subsections (2)
25
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)
In subsection (1A)—
30
(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)
In subsections (1B), (3) to (3C) and (4), for “Competition Commission” (in
35
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)
Section 16A (power of veto following report) is amended as follows.
40
      (2)
In subsection (1), for the words from the beginning to “the Commission”)”
substitute “The CMA”.

Enterprise and Regulatory Reform Bill
Schedule 6 — Regulatory appeals etc: minor and consequential amendments
Part 1 — Amendments to Acts
155

      (3)
In subsections (2) to (9), for “Commission” (in each place where it occurs)
substitute “CMA”.
      (4)
Omit subsection (10).
      (5)
In the heading, for “Commission’s” substitute “CMA’s”.
59    (1)
Section 16B (power of veto following report: supplementary) is amended as
5
follows.
      (2)
In subsections (2) to (4), (6) and (8), for “Commission” (in each place where
it occurs) substitute “CMA”.
      (3)
In the heading, for “Commission’s” substitute “CMA’s”.
60
In section 17 (modification by order under other enactments), in subsection
10
(1), for “OFT, the Competition Commission” substitute “CMA”.
61    (1)
Section 17K (water supply licences: modification references) is amended as
follows.
      (2)
In subsection (1)—
(a)
for the words from “Competition Commission” to “the
15
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
where it occurs) substitute “CMA”.
      (4)
After subsection (9) insert—
20
“(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 2013 (including
functions relating to the making of modifications following a report
25
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
In section 17L (references under section 17K: time limits), in subsections (2)
and (3), for “Commission” (in each place where it occurs) substitute “CMA”.
30
63    (1)
Section 17N (water supply licences: reports on modification references) is
amended as follows.
      (2)
In subsection (1), for “Commission” substitute “CMA”.
      (3)
In subsection (2)—
(a)
for “Commission” substitute CMA”, and
35
(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 (3) to (7) and (9), for “Commission” (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
156

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)
Section 17P (water supply licences: power of veto following report) is
amended as follows.
5
      (2)
In subsections (1) to (8) and (10) and (11), for “Commission” (in each place
where it occurs) substitute “CMA”.
      (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
10
it occurs) substitute “CMA”.
67
In 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)—
15
(a)
after the definition of “the Authority” insert—
““the CMA” means the Competition and Markets Authority”, and
(b)
omit the definition of “the OFT”.
Railways Act 1993 (c. 43)
69
The Railways Act 1993 is amended as follows.
20
70    (1)
Section 13 (modification references) is amended as follows.
      (2)
In subsection (1)—
(a)
for “Competition Commission” substitute “CMA”, and
(b)
for “the Commission” substitute “the CMA”.
      (3)
In subsection (2)—
25
(a)
for “Competition Commission” substitute “CMA”, and
(b)
for “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
30
(b)
for “the Commission” substitute “the CMA”.
      (6)
In subsection (6)—
(a)
for “Competition Commission” substitute “CMA”, and
(b)
for “the Commission” (in each place where it occurs) substitute “the
CMA”.
35
      (7)
In subsection (7), for “Competition Commission” substitute “CMA”.
      (8)
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
40
4 to the Enterprise and Regulatory Reform Act 2013 (including

Enterprise and Regulatory Reform Bill
Schedule 6 — Regulatory appeals etc: minor and consequential amendments
Part 1 — Amendments to Acts
157

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 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)
5
and (3), for “Competition Commission” (in each place where it occurs)
substitute “CMA”.
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 “—
10
(a)
the words “, OFCOM or the Secretary of State” were
omitted; and
(b)
for the words “their functions” there were substituted
“its functions”.”
73    (1)
Section 14 (reports on modification references) is amended as follows.
15
      (2)
In subsection (1), for “Competition Commission” substitute “CMA”.
      (3)
In 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
20
CMA with respect to the reference”.
      (4)
In 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)
25
substitute “CMA”.
75    (1)
Section 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”.
30
      (3)
In the heading, for “Competition Commission’s” substitute “CMA’s”.
76    (1)
Section 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”.
35
77    (1)
Section 15C (sections 15A and 15B: supplementary) is amended as follows.
      (2)
In 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”.
40
      (4)
In subsection (2G)—
(a)
for “Competition Commission” substitute “CMA”, and

Enterprise and Regulatory Reform Bill
Schedule 6 — Regulatory appeals etc: minor and consequential amendments
Part 1 — Amendments to Acts
158

(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
“its functions”.”
5
      (5)
In subsections (3) and (4), for “Competition Commission” (in each place
where it occurs) substitute “CMA”.
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.
10
      (2)
In subsection (1)(b), for “Competition Commission’s” substitute “CMA’s”.
      (3)
Omit subsection (7).
80
In section 83 (interpretation of Part 1), in subsection (1)—
(a)
before the definition of “cross-border service” insert—
““the CMA” means the Competition and Markets Authority;”, and
15
(b)
omit the definition of “the OFT”.
81    (1)
Schedule 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”
20
substitute “CMA”.
      (4)
In 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
25
Commission” (in each place where it occurs) substitute “CMA”, and
(b)
after 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
30
CMA under Schedule 4 to the Enterprise and Regulatory
Reform Act 2013 (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).”
35
      (6)
In paragraph 10A, in sub-paragraph (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
40
(b)
for the words “their functions” there were substituted
“its functions”.”
      (7)
In paragraph 11—