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
159

(a)
in sub-paragraph (1), for “Competition Commission” substitute
“CMA”,
(b)
in sub-paragraph (4A)—
(i)
for “Competition Commission” substitute “CMA”, and
(ii)
for the words from “in connection with” to the end substitute
5
“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
Commission” (in each place where it occurs) substitute “CMA”.
      (8)
In paragraph 12, in sub-paragraphs (1), (4B), (5), (8) and (9), for
10
“Competition Commission” substitute “CMA”.
      (9)
In the italic cross-heading preceding paragraph 13, for “Competition
Commission’s” substitute “CMA’s”.
     (10)
In paragraph 13, in sub-paragraphs (1) to (5), for “Competition Commission”
(in each place where it occurs) substitute “CMA”.
15
     (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
“Competition Commission” (in each place where it occurs) substitute
“CMA”.
20
     (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)
in sub-paragraph (2F), for “Commission” (in each place where it
occurs) substitute “CMA”,
25
(c)
in sub-paragraph (2G)—
(i)
for “Competition Commission” substitute “CMA”, and
(ii)
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”.”, and
(d)
in sub-paragraphs (3) and (4), for “Competition Commission” (in
each place where it occurs) substitute “CMA”.
Utilities Act 2000 (c. 27)
35
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
and Markets Authority”.
      (3)
Omit subsection (9).
40
84
Section 104 (specialist members of the Competition Commission) is omitted.

Enterprise and Regulatory Reform Bill
Schedule 6 — Regulatory appeals etc: minor and consequential amendments
Part 1 — Amendments to Acts
160

Transport Act 2000 (c. 38)
85
The Transport Act 2000 is amended as follows.
86    (1)
Section 12 (references) is amended as follows.
      (2)
In subsection (1)—
(a)
for “Competition Commission” substitute “Competition and
5
Markets Authority (referred to in this Chapter as “the CMA”)”, and
(b)
for “the Commission” substitute “the CMA”.
      (3)
In subsections (2), (3) and (5) to (8), for “Commission” (in each place where
it occurs) substitute “CMA”.
      (4)
After subsection (8) insert—
10
“(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
4 to the Enterprise and Regulatory Reform Act 2013 (including
functions relating to the making of modifications following a report
15
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
Markets Authority”.
87
In section 12A (references under section 12: time limits), in subsections (2)
20
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
2002), in subsection (4)—
(a)
for “Competition Commission” substitute “CMA”, and
25
(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”.”
30
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)
for “Competition 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.”.
      (4)
In subsections (1B) to (2C), for “Competition Commission” (in each place
where it occurs) substitute “CMA”.
      (5)
In subsection (3), for “Commission” substitute “CMA”.
40
90    (1)
Section 14 (modification following report) is amended as follows.
      (2)
In subsection (1), for “Competition Commission” substitute “CMA”.

Enterprise and Regulatory Reform Bill
Schedule 6 — Regulatory appeals etc: minor and consequential amendments
Part 1 — Amendments to Acts
161

      (3)
In subsection (5), for “Commission” (in each place where it occurs) substitute
“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”.
5
      (4)
In subsection (3)—
(a)
for “Commission” substitute “CMA”, and
(b)
for “Commission’s” substitute “CMA’s”.
      (5)
In subsections (4), (9) and (10), for “Commission” (in each place where it
occurs) substitute “CMA”.
10
      (6)
In the heading, for “Commission’s” substitute “CMA’s”.
92    (1)
Section 16 (position where direction given) is amended as follows.
      (2)
In subsection (1), for “Competition Commission” substitute “CMA”.
      (3)
In subsection (2)—
(a)
for “Commission” substitute “CMA”, and
15
(b)
for “Commission’s” substitute “CMA’s”.
      (4)
In subsection (3)—
(a)
for “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)
20
substitute “CMA”.
      (6)
In the heading, for “Commission” substitute “CMA”.
93    (1)
Section 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
25
occurs) substitute “CMA”.
      (4)
In the heading, for “Commission’s” substitute “CMA’s”.
94    (1)
Section 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”.
30
      (3)
In subsection (8), for “Commission” (in each place where it occurs) substitute
“CMA”.
      (4)
In subsection (9)—
(a)
for “Competition Commission” substitute “CMA”, and
(b)
for the words from “the words” to the end, substitute “—
35
(a)
the words “, OFCOM or the Secretary of State” were
omitted; and
(b)
for the words “their functions” there were substituted
“its functions”.”

Enterprise and Regulatory Reform Bill
Schedule 6 — Regulatory appeals etc: minor and consequential amendments
Part 1 — Amendments to Acts
162

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)
Schedule 10 (competition test: functions and agreements relating to buses) is
amended as follows.
5
      (2)
In the italic cross-heading preceding paragraph 5, for “OFT” substitute
“CMA”.
      (3)
In paragraph 5—
(a)
for “Office of Fair Trading” substitute “Competition and Markets
Authority”, and
10
(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
where it occurs) substitute “CMA”.
15
      (6)
In paragraphs 15 and 16, for “OFT” (in each place where it occurs) substitute
“CMA”.
Communications Act 2003 (c. 21)
97
The Communications Act 2003 is amended as follows.
98    (1)
Section 193 (reference of price control matters) is amended as follows.
20
      (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
determination of the matter is to be carried out on behalf of the CMA
25
by a group constituted for the purpose by the chair of the CMA
under Schedule 4 to the Enterprise and Regulatory Reform Act 2013,
and is to be performed”,
(c)
in paragraph (b), for “them” substitute “the CMA”, and
(d)
in paragraph (c), for “Commission” substitute “CMA”.
30
      (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)
In subsection (6)—
35
(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)
In the heading, for “Competition Commission” substitute “CMA”.
40

Enterprise and Regulatory Reform Bill
Schedule 6 — Regulatory appeals etc: minor and consequential amendments
Part 1 — Amendments to Acts
163

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—
““the CMA” means the Competition and Markets Authority;”.
5
Energy Act 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)—
(a)
omit “shall lie to the Competition Commission”, and
10
(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
where it occurs) substitute “CMA”.
      (4)
In the heading, for “Competition Commission” substitute “CMA”.
15
103   (1)
Section 174 (procedure on appeals) is amended as follows.
      (2)
Omit subsection (1).
      (3)
In subsection (2), omit “Instead,”.
      (4)
After subsection (2) insert—
“(2A)
Except where specified otherwise in Schedule 22, the functions of the
20
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
Reform Act 2013.”
104   (1)
Section 175 (determination of appeals) is amended as follows.
25
      (2)
In subsections (2) to (6), for “Competition Commission” (in each place where
it occurs) substitute “CMA”.
      (3)
In subsection (9)—
(a)
for “Competition Commission” substitute “CMA”, and
(b)
for “the Commission” (in each place where it occurs) substitute “the
30
CMA”.
      (4)
In subsection (10), for “Competition Commission” substitute “CMA”.
105
Section 176 is omitted.
106
Section 177 is omitted.
107   (1)
Schedule 22 (procedure for appeals under section 173) is amended as
35
follows.
      (2)
In paragraph 1—
(a)
in sub-paragraph (1), for “Commission” substitute “CMA”,
(b)
in sub-paragraph (8), for “Commission’s” substitute “CMA’s”,
(c)
in sub-paragraph (9)—
40

Enterprise and Regulatory Reform Bill
Schedule 6 — Regulatory appeals etc: minor and consequential amendments
Part 1 — Amendments to Acts
164

(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
authorised member of the CMA must”.
      (3)
In paragraph 2, in sub-paragraphs (1), (2), (5) and (6), for “Commission” (in
5
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)
In paragraph 4, in sub-paragraph (1), for “Commission” substitute “CMA”.
      (6)
In paragraph 5—
10
(a)
omit sub-paragraph (1),
(b)
in sub-paragraph (2)—
(i)
after “group”, insert “constituted by the chair of the CMA
under Schedule 4 to the Enterprise and Regulatory Reform
Act 2013 for the purpose of carrying out functions of the
15
CMA with respect to an appeal under section 173”, and
(ii)
for “Commission” substitute “CMA panel”,
(c)
omit sub-paragraphs (3) to (7), and
(d)
in sub-paragraph (8), for “a group” substitute “the group”.
      (7)
In paragraph 6—
20
(a)
in sub-paragraph (1), for the words from the beginning to “that
appeal” substitute “The CMA must determine an appeal”,
(b)
in sub-paragraph (2)—
(i)
for “group with the function of determining an appeal”
substitute “CMA”, and
25
(ii)
after “requirements” insert “in respect of an appeal”, and
(c)
in sub-paragraph (3), for “Commission” substitute “CMA”.
      (8)
In paragraph 7—
(a)
for “The group with the function of determining an appeal”
substitute “The CMA”, and
30
(b)
for “determination of the appeal” substitute “determination of an
appeal”.
      (9)
In paragraph 8—
(a)
in sub-paragraph (1), for “Commission” (in each place where it
occurs) substitute “CMA”,
35
(b)
in sub-paragraph (4)—
(i)
for “The Commission may take copies” substitute “An
authorised member of the CMA may, for the purpose of the
exercise of the functions of the CMA, make arrangements for
copies to be taken”, and
40
(ii)
omit “to it”, and
(c)
in sub-paragraph (5), for the words from “Commission’s” to the end,
substitute “CMA’s behalf by an authorised member of the CMA”.
     (10)
In paragraph 9—
(a)
in sub-paragraph (2), for “Commission” substitute “CMA”,
45

Enterprise and Regulatory Reform Bill
Schedule 6 — Regulatory appeals etc: minor and consequential amendments
Part 1 — Amendments to Acts
165

(b)
in sub-paragraph (5)(a), for “the Commission is not required”
substitute “there is no requirement”,
(c)
in sub-paragraph (7), for “the Commission must pay him” substitute
“an authorised member of the CMA must arrange for that person to
be paid”, and
5
(d)
in sub-paragraph (8), for the words from “Commission’s” to the end,
substitute “CMA’s behalf by an authorised member of the CMA”.
     (11)
In paragraph 10—
(a)
in sub-paragraph (1), for “Commission” substitute “CMA”, and
(b)
in sub-paragraph (4), for the words from “Commission’s” to the end,
10
substitute “CMA’s behalf by an authorised member of the CMA”
     (12)
In paragraph 11, in sub-paragraph (1), for “a member of the Commission”
substitute “an authorised member of the CMA”.
     (13)
In paragraph 12, in sub-paragraphs (1), (3) and (4), for “Commission” (in
each place where it occurs) substitute “CMA Board”.
15
     (14)
In paragraph 13, in sub-paragraph (1), for “Commission” (in each place
where it occurs) substitute “CMA”.
     (15)
In paragraph 15, in sub-paragraph (1)—
(a)
for the definition of “authorised member of the Commission”
substitute—
20
““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
25
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
30
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—
35
(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
40
exercise the power in question.”,
(b)
omit the definition of “the Chairman”,
(c)
for the definition of “the Commission” substitute—
““the CMA” means the Competition and Markets
Authority;”
45
“CMA Board” and “CMA panel” have the same
meaning as in Schedule 4 to the Enterprise and
Regulatory Reform Act 2013;”, and
(d)
omit the definition of “a group”.