Enterprise and Regulatory Reform Bill

Session 2012 - 13
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Other Bills before Parliament

Enterprise and Regulatory Reform Bill

Enterprise and Regulatory Reform Bill
Schedule 6 — Regulatory appeals etc: minor and consequential amendments
Part 1 — Amendments to Acts
173

(a)
in sub-paragraph (1), for the words from the beginning to “the
determination” substitute “The CMA must make its determination
on a reference”,
(b)
in sub-paragraph (2), for “that group” substitute “the CMA”, and
(c)
in sub-paragraph (3), for “Competition Commission” substitute
5
“CMA”.
      (6)
In paragraph 5, in sub-paragraph (1)—
(a)
for “group with the function of determining a reference” substitute
“CMA”, and
(b)
for “of the appeal” substitute “on a reference”.
10
      (7)
In paragraph 6, in sub-paragraphs (1) and (3), for “Competition
Commission” (in each place where it occurs) substitute “CMA”.
      (8)
In paragraph 7—
(a)
in sub-paragraph (1), for “a group with the function of making a
determination on a reference under section 120” substitute “the
15
CMA”,
(b)
in sub-paragraph (2), for “A group with that function” substitute
“The CMA”,
(c)
in sub-paragraph (3), for “Competition Commission” substitute
“CMA”,
20
(d)
in sub-paragraph (4)—
(i)
for “Competition Commission” substitute “CMA”, and
(ii)
in paragraph (b), after “evidence” insert “to it” and omit “to a
group with that function”,
(e)
in sub-paragraph (5), for “group conducting the hearing” substitute
25
“CMA”,
(f)
in sub-paragraph (8)—
(i)
in paragraph (a), for “Competition Commission” substitute
“CMA”, and
(ii)
in paragraph (b), for “group conducting the hearing”
30
substitute “CMA”, and
(g)
in sub-paragraph (9), for “Competition Commission” substitute
“CMA”.
      (9)
In paragraph 8, in sub-paragraph (1)—
(a)
for “Commission” substitute “CMA”, and
35
(b)
for “a group with the function of making a determination on a
reference under section 120” substitute “the CMA”.
     (10)
In paragraph 9, in sub-paragraph (2), for “Commission” substitute “group
constituted for the purpose of carrying out functions of the CMA with
respect to the reference to which the notice or requirement relates”.
40
     (11)
In paragraph 10, in sub-paragraph (2) for the words from “Competition
Commission’s” to the end substitute “CMA’s behalf by a member of the
group constituted for the purpose of carrying out functions of the CMA with
respect to the reference to which the notice relates”.
     (12)
In paragraph 11—
45
(a)
in sub-paragraph (1), for “Competition Commission” substitute
“CMA Board”, and

Enterprise and Regulatory Reform Bill
Schedule 6 — Regulatory appeals etc: minor and consequential amendments
Part 1 — Amendments to Acts
174

(b)
in sub-paragraphs (4) and (5), for “Commission” substitute “CMA
Board”.
     (13)
In paragraph 12—
(a)
for sub-paragraph (1) substitute—
    “(1)
Where the CMA makes a determination on a reference
5
under section 120 it must make an order requiring the
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
10
under 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.
15
141   (1)
Section 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”.
20
142   (1)
Section 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
25
Markets 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
30
and 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
35
Authority”.
      (4)
In subsection (4)—
(a)
for “Competition Commission” substitute “Competition and
Markets Authority”, and
(b)
for “the Commission” substitute “the Competition and Markets
40
Authority”.

Enterprise and Regulatory Reform Bill
Schedule 6 — Regulatory appeals etc: minor and consequential amendments
Part 1 — Amendments to Acts
175

      (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
where it occurs) substitute “Competition and Markets Authority”.
5
      (3)
In subsection (5)—
(a)
for “Competition Commission” substitute “Competition and
Markets Authority”, and
(b)
for “the Commission” substitute “the Competition and Markets
Authority”.
10
      (4)
In 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
15
Markets 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”.
20
      (4)
In 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”.
25
147   (1)
Section 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
30
Competition 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 2013.”
35
148   (1)
Schedule 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
40
(ii)
for “the Commission” substitute “the Competition and
Markets Authority”,

Enterprise and Regulatory Reform Bill
Schedule 6 — Regulatory appeals etc: minor and consequential amendments
Part 1 — Amendments to Acts
176

(b)
in sub-paragraphs (5) and (6), for “Competition Commission” (in
each place where it occurs) substitute “Competition and Markets
Authority”,
(c)
in sub-paragraph (7), for “The Competition Commission” substitute
“An authorised member of the Competition and Markets Authority”,
5
and
(d)
in sub-paragraph (8), in paragraph (d), for “Commission” substitute
“authorised member”.
      (3)
In paragraph 3, in sub-paragraph (1), for “Competition Commission”
substitute “Competition and Markets Authority”.
10
      (4)
In paragraph 4—
(a)
in sub-paragraph (1), for “Competition Commission” substitute
“Competition and Markets Authority”,
(b)
in sub-paragraph (2), for “on which the Competition Commission
publishes its” substitute “of publication of the Competition and
15
Markets Authority’s”, and
(c)
in sub-paragraph (3), for “Competition Commission” substitute
“Competition and Markets Authority”.
      (5)
In paragraph 5—
(a)
in sub-paragraph (1)—
20
(i)
for “Competition Commission’s decision” substitute
“decision 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
25
“Competition and Markets Authority”,
(c)
in sub-paragraph (4), for “The Competition Commission must”
substitute “An authorised member of the Competition and Markets
Authority must”, and
(d)
in sub-paragraph (5), in paragraph (d), for “Commission” substitute
30
“authorised member”.
      (6)
In paragraph 6, in sub-paragraph (3), for “Competition Commission”
substitute “Competition and Markets Authority”.
      (7)
In paragraph 8, in sub-paragraph (3), for “Competition Commission”
substitute “Competition and Markets Authority”.
35
      (8)
In paragraph 9, in sub-paragraph (1), for “Competition Commission”
substitute “Competition and Markets Authority”.
      (9)
In paragraph 10, in sub-paragraph (3), for “Competition Commission’s
decision” substitute “decision of the Competition and Markets Authority”.
     (10)
In paragraph 11—
40
(a)
in sub-paragraph (1)—
(i)
for “Competition Commission’s functions” substitute
“functions of the Competition and Markets Authority”, and
(ii)
for “the Commission” substitute “the Competition and
Markets Authority”,
45
(b)
in sub-paragraph (2), for “Competition Commission” substitute
“Competition and Markets Authority”, and

Enterprise and Regulatory Reform Bill
Schedule 6 — Regulatory appeals etc: minor and consequential amendments
Part 1 — Amendments to Acts
177

(c)
in 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”.
5
     (11)
In paragraph 12, in sub-paragraph (1), for “Competition Commission”
substitute “Competition and Markets Authority”.
     (12)
In paragraph 13, in sub-paragraph (3), for “Competition Commission’s
decision” substitute “decision of the Competition and Markets Authority”.
     (13)
In paragraph 14—
10
(a)
in sub-paragraph (1)—
(i)
for “Competition Commission’s functions” substitute
“functions of the Competition and Markets Authority”, and
(ii)
for “the Commission” substitute “the Competition and
Markets Authority”,
15
(b)
in sub-paragraph (2), for “Competition Commission” substitute
“Competition and Markets Authority”, and
(c)
in sub-paragraph (4)—
(i)
for “The Competition Commission” substitute “An
authorised member of the Competition and Markets
20
Authority”, and
(ii)
for first “it” substitute “he or she”.
     (14)
In paragraph 15—
(a)
in sub-paragraph (1), for “The Competition Commission must”
substitute “An authorised member of the Competition and Markets
25
Authority must”,
(b)
in 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”
30
substitute “An authorised member of the Competition and Markets
Authority must”, and
(d)
in sub-paragraph (4), in paragraph (d), for “Commission” substitute
“authorised member”.
     (15)
In paragraph 16—
35
(a)
in sub-paragraph (1), for “Competition Commission” substitute
“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”.
40
     (16)
In paragraph 17—
(a)
omit 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
45
to the Enterprise and Regulatory Reform Act 2013, for the
purpose of carrying out functions of the Competition and

Enterprise and Regulatory Reform Bill
Schedule 6 — Regulatory appeals etc: minor and consequential amendments
Part 1 — Amendments to Acts
178

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)
Omit paragraph 18.
5
     (18)
In paragraph 19, in sub-paragraph (1), for “Competition Commission”
substitute “Competition and Markets Authority”.
     (19)
In paragraph 20—
(a)
in sub-paragraph (1)—
(i)
for “A group with the function of determining an appeal”
10
substitute “The Competition and Markets Authority”,
(ii)
for “the appeal” substitute “an appeal”, and
(iii)
for “Competition Commission” substitute “Competition and
Markets Authority”,
(b)
In sub-paragraph (3)—
15
(i)
for “A group with the function of determining an appeal”
substitute “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”
20
substitute “The Competition and Markets Authority”, and
(ii)
for “the appeal” substitute “an appeal”.
     (20)
In paragraph 21, in sub-paragraph (1), for “Competition Commission”
substitute “Competition and Markets Authority”.
     (21)
In paragraph 22—
25
(a)
in sub-paragraphs (1) and (2), for “Competition Commission” (in
each 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”,
30
(c)
in sub-paragraph (4)—
(i)
for “Competition Commission’s decision” substitute
“decision of the Competition and Markets Authority”, and
(ii)
for “the Commission” substitute “the Competition and
Markets Authority”,
35
(d)
in sub-paragraphs (5) and (6), for “Competition Commission” (in
each place where it occurs) substitute “Competition and Markets
Authority”,
(e)
in sub-paragraph (7)—
(i)
for “Competition Commission’s decision” substitute
40
“decision of the Competition and Markets Authority”, and
(ii)
for “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
45
“decision of the Competition and Markets Authority”, and
(ii)
for “Commission” (in each place where it occurs) substitute
“Competition and Markets Authority”.

Enterprise and Regulatory Reform Bill
Schedule 6 — Regulatory appeals etc: minor and consequential amendments
Part 1 — Amendments to Acts
179

     (22)
In paragraph 23, in sub-paragraph (1), for “Competition Commission”
substitute “Competition and Markets Authority”.
     (23)
In paragraph 24—
(a)
in sub-paragraph (1)—
(i)
for “Competition Commission” substitute “Competition and
5
Markets Authority”, and
(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
10
an authorised member of the Competition and Markets Authority”.
     (24)
In paragraph 25—
(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
15
“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
20
and 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 26—
25
(a)
in 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
30
an authorised member of the Competition and Markets Authority”.
     (26)
In paragraph 27, for “Competition Commission” substitute “Competition
and Markets Authority”.
     (27)
In paragraph 28, in sub-paragraph (2), for “A member of the Competition
Commission” substitute “An authorised member of the Competition and
35
Markets Authority”.
     (28)
In paragraph 30—
(a)
in sub-paragraphs (1) to (4), for “the Competition Commission” (in
each place where it occurs) substitute “the Competition and Markets
Authority”,
40
(b)
after 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
45
(c)
in sub-paragraph (6), for “Competition Commission” substitute
“Competition and Markets Authority”.