Session 2012 - 13
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Enterprise and Regulatory Reform Bill


Enterprise and Regulatory Reform Bill
Schedule 15 — Minor and consequential amendments: Part 4

235

 

Civil Aviation Act 1982 (c. 16)

1          

In Schedule 1 to the Civil Aviation Act 1982 (constitution etc. of the

Authority), in paragraph 15—

(a)   

the existing text becomes sub-paragraph (1), and

(b)   

after that sub-paragraph insert—

5

    “(2)  

The power in sub-paragraph (1) is subject to provision in

rules made under section 51 of the Competition Act 1998

by virtue of paragraph 1A of Schedule 9 to that Act in

respect of the exercise of a function under Part 1 of that

Act.”

10

Gas Act 1986 (c. 44)

2          

In section 36A of the Gas Act 1986 (functions with respect to competition), in

subsections (3), (3A) and (7)(b), after “38(1) to (6)” (in each place where it

occurs) insert “, 40B(1) to (4)”.

Electricity Act 1989 (c. 29)

15

3          

In section 43 of the Electricity Act 1989 (functions with respect to

competition), in subsections (3), (3A) and (6)(b), after “38(1) to (6)” (in each

place where it occurs) insert “, 40B(1) to (4)”.

Water Industry Act 1991 (c. 56)

4          

The Water Industry Act 1991 is amended as follows.

20

5          

In section 31 (functions with respect to competition), in subsections (3), (4A)

and (8)(b), after “38(1) to (6)” (in each place where it occurs) insert “, 40B(1)

to (4)”.

6          

In Schedule 1A (constitution etc. of the Authority), in paragraph 10, after

sub-paragraph (2) insert—

25

    “(3)  

Sub-paragraph (1) is subject to provision in rules made under

section 51 of the Competition Act 1998 by virtue of paragraph 1A

of Schedule 9 to that Act in respect of the exercise of a function

under Part 1 of that Act.”

Railways Act 1993 (c. 43)

30

7          

In section 67 of the Railways Act 1993 (functions with respect to

competition), in subsections (3), (3A) and (8)(b), after “38(1) to (6)” (in each

place where it occurs) insert “, 40B(1) to (4)”.

Competition Act 1998 (c. 41)

8          

The Competition Act 1998 is amended as follows.

35

9          

In section 26 (powers when conducting investigations), in subsection (3)(b),

for “42 to” substitute “43 and”.

10         

In section 38 (guidance on level of penalties), in subsection (9), for “an appeal

tribunal” substitute “the Tribunal”.

 
 

Enterprise and Regulatory Reform Bill
Schedule 15 — Minor and consequential amendments: Part 4

236

 

11         

In section 54 (regulators), in subsection (1)—

(a)   

omit paragraph (c), and

(b)   

for paragraph (f) substitute—

“(f)   

the Northern Ireland Authority for Utility

Regulation;”.

5

12    (1)  

Schedule 1 (exclusions: mergers and concentrations) is amended as follows.

      (2)  

In paragraph 5—

(a)   

omit “to the Competition Commission” (in each place where it

occurs), and

(b)   

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

10

CMA”.

Utilities Act 2000 (c. 27)

13         

In Schedule 1 to the Utilities Act 2000 (constitution etc. of the Authority), in

paragraph 9, after sub-paragraph (2) insert—

   “(2A)  

Sub-paragraph (1) is subject to provision in rules made under

15

section 51 of the Competition Act 1998 by virtue of paragraph 1A

of Schedule 9 to that Act in respect of the exercise of a function

under Part 1 of that Act.”

Transport Act 2000 (c. 38)

14         

In section 86 of the Transport Act 2000 (functions with respect to

20

competition), in subsections (3), (4)(b) and (7)(b), after “38(1) to (6)” (in each

place where it occurs) insert “, 40B(1) to (4)”.

Enterprise Act 2002 (c. 40)

15         

The Enterprise Act 2002 is amended as follows.

16    (1)  

Section 25 (extension of time-limits) is amended as follows.

25

      (2)  

In subsection (2), for the words from “has failed” to the end of the subsection

substitute “has failed (with or without a reasonable excuse) to comply with

any requirement of a notice under section 109”.

      (3)  

For subsection (3) substitute—

“(3)   

An extension under subsection (2) shall come into force when notice

30

of the extension is given and end—

(a)   

when the person concerned provides the information or

documents to the satisfaction of the CMA or (as the case may

be) appears as a witness in accordance with the requirements

of the CMA; or

35

(b)   

if earlier, the CMA cancels the extension.”

17         

Omit section 31 (information powers in relation to completed mergers).

18    (1)  

Section 32 (supplementary provision for purposes of sections 25 and 31) is

amended as follows.

      (2)  

Omit subsections (1) to (3).

40

      (3)  

In subsection (4), omit “or subsection (3)(a) above”.

 
 

Enterprise and Regulatory Reform Bill
Schedule 15 — Minor and consequential amendments: Part 4

237

 

      (4)  

In the heading, for “sections 25 and 31” substitute “section 25”.

19    (1)  

Section 34A (duty where case referred by European Commission) is

amended as follows.

      (2)  

For subsection (5) substitute—

“(5)   

The CMA may extend the preliminary assessment period if it

5

considers that any of the persons carrying on the enterprises

concerned has failed (whether with or without reasonable excuse) to

comply with any requirement of a notice under section 109.”

      (3)  

For subsection (6) substitute—

“(6)   

An extension under subsection (5) shall come into force when

10

published under section 107.

(6A)   

An extension under subsection (5) shall continue in force until—

(a)   

the person concerned provides the information or documents

to the satisfaction of the CMA or (as the case may be) appears

as a witness in accordance with the requirements of the CMA;

15

or

(b)   

the CMA publishes its decision to cancel the extension.”

      (4)  

Omit subsection (7).

20         

Omit section 34B (power to request information in referred cases).

21    (1)  

Section 42 (intervention by Secretary of State in certain public interest cases)

20

is amended as follows.

      (2)  

In subsection (1), in paragraph (d)(i)—

(a)   

for “section 22(3)(a) or (e)” substitute “section 22(3)(za), (a) or (e)”,

and

(b)   

for “33(3)(a) or (e)” substitute “33(3)(za), (a) or (e)”.

25

      (3)  

In subsection (5), for “to 32” substitute “to 30”.

      (4)  

In subsection (6), in the words before paragraph (a), for “to 32” substitute “to

30”.

      (5)  

In that subsection, in paragraph (b), for “sections 25(1) to (3), (6) and (8) and

31” substitute “section 25(1) to (3), (6) and (8)”.

30

      (6)  

In that subsection, in paragraph (h)—

(a)   

omit “, and the power to request information under section 31(1) as

so applied,”, and

(b)   

after “existing time-limits” insert “by virtue of section 24 (as so

applied)”.

35

      (7)  

In that subsection, in paragraph (i), after “existing time-limits” insert “by

virtue of section 24 (as so applied)”.

      (8)  

In that subsection, omit paragraph (j).

      (9)  

In that subsection, in paragraph (k), for “to 32” substitute “to 30”.

     (10)  

In that subsection, omit paragraph (l) and the word “and” immediately

40

preceding it.

 
 

Enterprise and Regulatory Reform Bill
Schedule 15 — Minor and consequential amendments: Part 4

238

 

22         

In section 46 (references under section 45: supplementary), in subsection

(1)(a), omit “or 96(3)”.

23    (1)  

Section 46B (extension of preliminary assessment period) is amended as

follows.

      (2)  

For subsection (1) substitute—

5

“(1)   

The CMA may extend the preliminary assessment period for the

purposes of section 46A if it considers that any of the persons

carrying on the enterprises concerned has failed (whether with or

without reasonable excuse) to comply with any requirement of a

notice under section 109.”

10

      (3)  

Omit subsection (2).

      (4)  

For subsection (3) substitute—

“(3)   

An extension under subsection (1) shall come into force when

published under section 107.

(3A)   

An extension under subsection (1) shall continue in force until—

15

(a)   

the person concerned provides the information or documents

to the satisfaction of the CMA or (as the case may be) appears

as a witness in accordance with the requirements of the CMA;

or

(b)   

the CMA publishes its decision to cancel the extension.”

20

      (5)  

Omit subsection (4).

24         

Omit section 46C (power to request information in referred cases).

25    (1)  

Section 49 (variation of references under section 45) is amended as follows.

      (2)  

In subsection (2), omit “1,”.

      (3)  

In subsection (3), omit “1,”.

25

      (4)  

In subsection (4) —

(a)   

omit “any undertaking accepted under paragraph 1 of Schedule 7,

or”, and

(b)   

for “that Schedule” substitute “Schedule 7”.

      (5)  

In subsection (5)—

30

(a)   

omit “undertaking or” (in each place where it occurs),

(b)   

omit “, accepted or” (in each place where it occurs), and

(c)   

omit “, superseded, released”.

26    (1)  

Section 59 (intervention by Secretary of State in special public interest cases)

is amended as follows.

35

      (2)  

In subsection (5), for “to 32” substitute “to 30”.

      (3)  

In subsection (6), in the words before paragraph (a), for “to 32” substitute “to

30”.

      (4)  

In that subsection, in paragraph (c), for “sections 25(1) to (3), (6) and (8) and

31” substitute “section 25(1) to (3), (6) and (8)”.

40

 
 

Enterprise and Regulatory Reform Bill
Schedule 15 — Minor and consequential amendments: Part 4

239

 

      (5)  

In that subsection, in paragraph (g), omit “, and the power to request

information under section 31(1) as so applied,”.

      (6)  

In that subsection, omit paragraph (h).

      (7)  

In that subsection, in paragraph (i), for “to 32” substitute “to 30”.

      (8)  

In that subsection, omit paragraph (j) and the word “and” immediately

5

preceding it.

27    (1)  

Section 64 (cancellation and variation of references under section 62) is

amended as follows.

      (2)  

In subsection (3), omit “1,”.

      (3)  

In subsection (4)—

10

(a)   

omit “any undertaking accepted under paragraph 1 of Schedule 7,

or”, and

(b)   

for “that Schedule” substitute “Schedule 7”.

      (4)  

In subsection (5)—

(a)   

omit “undertaking or” (in each place where it occurs),

15

(b)   

omit “, accepted or” (in each place where it occurs), and

(c)   

omit “, superseded, released”.

28    (1)  

Section 67 (intervention to protect legitimate interests) is amended as

follows.

      (2)  

In subsection (7), for “to 32” substitute “to 30”.

20

      (3)  

In subsection (8), in the words before paragraph (a), for “to 32” substitute “to

30”.

      (4)  

In that subsection, in paragraph (d), for “sections 25, 31 and 32” substitute

“section 25”.

29         

In section 68 (scheme for protecting legitimate interests), in subsection (4)(a),

25

for “to 32” substitute “to 30”.

30         

In section 77 (restrictions on certain share dealings: completed mergers), in

subsection (1)(b), omit “71 or”.

31         

In section 78 (restrictions on certain share dealings: anticipated mergers), in

subsection (1)(b), for “section 81” substitute “section 72 or 81”.

30

32         

In section 89 (subject matter of undertakings), in subsection (2)—

(a)   

omit “71,”, and

(b)   

omit “1,”.

33    (1)  

Section 93 (further role of OFT in relation to undertakings and orders) is

amended as follows.

35

      (2)  

In subsection (1), in paragraph (b), omit “1,”.

      (3)  

In subsection (2), omit “1,”.

      (4)  

In subsection (4), omit “1,”.

34         

In section 94 (rights to enforce undertakings and orders), in subsection (8),

omit “1,”.

40

 
 

Enterprise and Regulatory Reform Bill
Schedule 15 — Minor and consequential amendments: Part 4

240

 

35    (1)  

Section 99 (functions in relation to merger notices) is amended as follows.

      (2)  

Omit subsections (2) to (4).

      (3)  

In subsection (5), in paragraph (c), for the words from “or any” to “as

required” substitute “or the person who gave the merger notice has failed

(with or without a reasonable excuse) to comply with any requirement of a

5

notice under section 109 in relation to the case concerned”.

36    (1)  

Section 107 (further publicity requirements) is amended as follows.

      (2)  

In subsection (1), for paragraph (a) substitute—

“(a)   

any decision made by it that the duty to make a reference

under section 22 or 33 applies and any such reference made

10

by it;

(aa)   

any decision made by it that the duty to make such a

reference does not apply (other than a decision made by

virtue of subsection (2)(b) of section 33);”.

      (3)  

In that subsection, after paragraph (aa) insert—

15

“(ab)   

any notice given by it as mentioned in paragraph (b) of the

definition of “initial period” in section 34ZA(3);

(ac)   

any extension by it under section 34ZB of the initial period;

(ad)   

any decision made by it to cancel an extension as mentioned

in section 34ZB(7)(b);

20

(ae)   

any extension by it under section 34A of the preliminary

assessment period;

(af)   

any decision made by it to cancel an extension as mentioned

in section 34A(6A)(b);.

(ag)   

any extension by it under section 46B of the preliminary

25

assessment period;

(ah)   

any decision made by it to cancel an extension as mentioned

in section 46B(3A)(b);”.

      (4)  

In that subsection, omit paragraph (d).

      (5)  

In that subsection, after paragraph (e) insert—

30

“(ea)   

any notice given by it under section 73A(2)(b);

(eb)   

any extension by it under section 73A of the period for

considering whether to accept an undertaking under section

73;

(ec)   

any decision made by it to cancel an extension as mentioned

35

in section 73A(11)(b);”.

      (6)  

In that subsection, in paragraph (f), for “such an undertaking or order”

substitute “an order mentioned in paragraph (e)”.

      (7)  

At the end of that subsection insert “; and

(i)   

any notice given by it under section 96(2A).”

40

      (8)  

In subsection (2), after paragraph (e) insert—

“(ea)   

any extension by it under section 41A of the period within

which its duty under section 41(2) is to be discharged;

(eb)   

any decision made by it to cancel an extension as mentioned

in section 41A(7)(b);”.

45

 
 

 
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