|
| |
|
Members of the Competition Commission |
| |
61 (1) | This paragraph applies— |
| |
(a) | in relation to any appointments under paragraph 1(1)(b) to the CMA |
| |
panel that are made before the abolition of the Competition |
| |
Commission under section 26, to any person who is a panel member |
| 5 |
of the Competition Commission and whose term of office as such is |
| |
not due to expire before the abolition of the Competition |
| |
Commission under that section; |
| |
(b) | in relation to any other appointment under paragraph 1(1)(b) to the |
| |
CMA panel, to a person who was a panel member of the Competition |
| 10 |
Commission immediately prior to its abolition under section 26. |
| |
(2) | A person to whom this paragraph applies may be appointed under |
| |
paragraph 1(1)(b) as a member of the CMA panel. |
| |
(3) | But the terms of the person’s appointment as a member of the CMA panel |
| |
must not be such that the sum of the period of his or her office as a member |
| 15 |
of the CMA panel, and of the period of his or her office as a panel member |
| |
of the Competition Commission (excluding any period when he or she also |
| |
holds office as a member of the CMA panel), exceeds eight years. |
| |
(4) | Paragraph 4(1) applies for the purposes of the person’s re-appointment as a |
| |
member of the CMA panel as it does for the purposes of the re-appointment |
| 20 |
of a CMA panel member to whom this paragraph does not apply. |
| |
62 | Except as provided for by paragraph 61, a person who holds or has held |
| |
office as a panel member of the Competition Commission at any time prior |
| |
to its abolition may not be appointed under paragraph 1(1)(b) as a member |
| |
| 25 |
63 | References in paragraphs 61 and 62 to a panel member of the Competition |
| |
Commission are to a person appointed as a member of the Competition |
| |
Commission of a kind mentioned in paragraph 2(3) of Schedule 7 to the |
| |
| |
Financial years of the CMA |
| 30 |
64 (1) | If the duration of the period beginning with the commencement date and |
| |
ending with the next 31 March is six months or more, the first financial year |
| |
of the CMA is that period. |
| |
(2) | But if the duration of that period is less than six months, the first financial |
| |
year of the CMA is the period beginning with the commencement date, and |
| 35 |
ending with the 31 March in the year following the next 31 March after the |
| |
| |
(3) | The subsequent financial years of the CMA are each successive period of 12 |
| |
| |
First annual plan of the CMA |
| 40 |
65 (1) | The CMA is to publish its first annual plan within the period of three months |
| |
beginning with the commencement date. |
| |
|
| |
|
| |
|
(2) | The first annual plan is to relate to the period beginning with the date of |
| |
publication of the plan, and ending with the date on which the CMA’s first |
| |
| |
| |
| |
Amendments related to Part 3 |
| 5 |
| |
Transfer of functions under the 1998 Act to the CMA |
| |
1 | The Competition Act 1998 is amended as follows. |
| |
2 | In section 6 (block exemptions), in subsections (1) and (6), for “OFT” (in each |
| |
place where it occurs) substitute “CMA”. |
| 10 |
3 | In section 8 (block exemptions: procedure), in subsections (1) to (3) and (5), |
| |
for “OFT” (in each place where it occurs) substitute “CMA”. |
| |
4 | In section 10 (parallel exemptions), in subsections (5), (7) and (8), for “OFT” |
| |
(in each place where it occurs) substitute “CMA”. |
| |
5 (1) | Section 25 (power to investigate) is amended as follows. |
| 15 |
(2) | In subsections (1) and (8) to (11), for “OFT” (in each place where it occurs) |
| |
| |
(3) | In the heading, for “OFT” substitute “CMA”. |
| |
6 | In section 26 (powers when conducting investigations), in subsections (1) |
| |
and (5), for “OFT” (in each place where it occurs) substitute “CMA”. |
| 20 |
7 | In section 27 (power to enter business premises without a warrant), in |
| |
subsections (1) and (3), for “OFT” (in each place where it occurs) substitute |
| |
| |
8 (1) | Section 28 (power to enter business premises under a warrant) is amended |
| |
| 25 |
(2) | In subsection (1)(b)(i), for “OFT” substitute “CMA”. |
| |
| |
(a) | for “OFT” (in each place where it occurs) substitute “CMA”, and |
| |
(b) | for “OFT’s” substitute “CMA’s”. |
| |
9 | In section 28A (power to enter domestic premises under a warrant), in |
| 30 |
subsections (1)(b)(i) and (2), for “OFT” (in each place where it occurs) |
| |
| |
10 | In section 31 (decisions following an investigation), in subsections (1) and |
| |
(2), for “OFT” (in each place where it occurs) substitute “CMA”. |
| |
11 | In section 31A (commitments), in subsections (1) to (4), for “OFT” (in each |
| 35 |
place where it occurs) substitute “CMA”. |
| |
12 | In section 31B (effect of commitments under section 31A), in subsections (1) |
| |
to (5), for “OFT” (in each place where it occurs) substitute “CMA”. |
| |
|
| |
|
| |
|
13 | In section 31C (review of commitments), in subsections (1) and (2), for “OFT” |
| |
(in each place where it occurs) substitute “CMA”. |
| |
14 | In section 31D (guidance), in subsections (1) to (3), (5), (6) and (8), for “OFT” |
| |
(in each place where it occurs) substitute “CMA”. |
| |
15 | In section 31E (enforcement of commitments), in subsection (1), for “OFT” |
| 5 |
(in each place where it occurs) substitute “CMA”. |
| |
16 | In section 32 (directions in relation to agreements), in subsection (1), for |
| |
| |
17 | In section 33 (directions in relation to conduct), in subsection (1), for “OFT” |
| |
| 10 |
18 | In section 34 (enforcement of directions), in subsection (1), for “OFT” |
| |
| |
19 | In section 35 (interim measures), in subsections (1) to (4), (8) and (9), for |
| |
“OFT” (in each place where it occurs) substitute “CMA”. |
| |
20 | In section 36 (penalties), in subsections (1) to (5), (8) and (9), for “OFT” (in |
| 15 |
each place where it occurs) substitute “CMA”. |
| |
21 | In section 37 (recovery of penalties), in subsection (1), for “OFT” (in each |
| |
place where it occurs) substitute “CMA”. |
| |
22 | In section 38 (the appropriate level of a penalty), in subsections (1) to (3), (5), |
| |
(6), (8) and (9), for “OFT” (in each place where it occurs) substitute “CMA”. |
| 20 |
23 | In section 39 (limited immunity in relation to the Chapter 1 prohibition), in |
| |
subsections (3) to (5) and (8), for “OFT” (in each place where it occurs) |
| |
| |
24 | In section 40 (limited immunity in relation to the Chapter 2 prohibition), in |
| |
subsections (3) to (5) and (8), for “OFT” (in each place where it occurs) |
| 25 |
| |
25 | In section 44 (false or misleading information), in subsections (1) and (2), for |
| |
“OFT” (in each place where it occurs) substitute “CMA”. |
| |
26 | In section 46 (appealable decisions), in subsections (1) to (3), for “OFT” (in |
| |
each place where it occurs) substitute “CMA”. |
| 30 |
27 | In section 47 (third party appeals), in subsection (1), for “OFT” (in each place |
| |
where it occurs) substitute “CMA”. |
| |
28 | In section 47A (monetary claims before Tribunal), in subsections (6) and (7), |
| |
for “OFT” (in each place where it occurs) substitute “CMA”. |
| |
29 | In section 50 (vertical agreements and land agreements), in subsection (3), |
| 35 |
for “OFT” substitute “CMA”. |
| |
30 | In the cross-heading preceding section 51, for “OFT’s” substitute “CMA’s”. |
| |
31 (1) | Section 51 (rules) is amended as follows. |
| |
(2) | In subsection (1), for “OFT” substitute “CMA”. |
| |
(3) | In subsection (2), for “OFT’s” substitute “CMA’s”. |
| 40 |
|
| |
|
| |
|
(4) | In subsections (3) and (5) to (10), for “OFT” (in each place where it occurs) |
| |
| |
32 (1) | Section 52 (advice and information) is amended as follows. |
| |
(2) | In subsection (1), for the words from the beginning to “the Director” |
| |
| 5 |
(3) | In subsection (1A), for the words from the beginning to “the OFT” substitute |
| |
| |
(4) | In subsections (2) to (6) and (8), for “OFT” (in each place where it occurs) |
| |
| |
33 | In section 54 (regulators), in subsections (2), (5) and (7), for “OFT” (in each |
| 10 |
place where it occurs) substitute “CMA”. |
| |
34 | In section 57 (defamation), for “OFT” substitute “CMA”. |
| |
35 | In the cross-heading preceding section 58, for “OFT” substitute “CMA”. |
| |
36 (1) | Section 58 (findings of fact) is amended as follows. |
| |
(2) | In subsection (1), for “an OFT’s” substitute “a CMA’s”. |
| 15 |
| |
(a) | for “an OFT’s” substitute “a CMA’s”, and |
| |
(b) | for “OFT” (in each place where it occurs) substitute “CMA”. |
| |
(4) | In subsection (3), for “OFT” substitute “CMA”. |
| |
(5) | In the heading, for “OFT” substitute “CMA”. |
| 20 |
37 | In section 58A (findings of infringements), in subsections (3) and (4), for |
| |
“OFT” (in each place where it occurs) substitute “CMA”. |
| |
38 (1) | Section 59 (interpretation of Part 1) is amended as follows. |
| |
| |
(a) | after the definition of “the Chapter II prohibition” insert— |
| 25 |
““the CMA” means the Competition and Markets |
| |
| |
(b) | omit the definition of “the OFT”. |
| |
(3) | In subsection (4), for “OFT” substitute “CMA”. |
| |
39 | In section 60 (principles to be applied in determining questions), in |
| 30 |
subsection (4), for “OFT” (in each place where it occurs) substitute “CMA”. |
| |
40 | In section 61 (interpretation of Part 2), in subsection (1)— |
| |
(a) | after the definition of “books and records” insert— |
| |
““the CMA” means the Competition and Markets |
| |
| 35 |
(b) | omit the definition of “the OFT”. |
| |
41 | In section 62 (power to enter business premises under a warrant: Article 20 |
| |
inspections), in subsections (5) and (10), for “OFT” (in each place where it |
| |
occurs) substitute “CMA”. |
| |
|
| |
|
| |
|
42 | In section 62A (power to enter non-business premises under a warrant: |
| |
Article 21 inspections), in subsections (3) to (5), and (12), for “OFT” (in each |
| |
place where it occurs) substitute “CMA”. |
| |
43 | In section 62B (powers when conducting Article 22(2) inspection), in |
| |
subsections (1) and (2), for “OFT” (in each place where it occurs) substitute |
| 5 |
| |
44 | In section 63 (power to enter business premises under a warrant: Article |
| |
22(2) inspections), in subsections (1)(a), (2) to (5) and (10), for “OFT” (in each |
| |
place where it occurs) substitute “CMA”. |
| |
45 (1) | Section 65C (interpretation of Part 2A) is amended as follows. |
| 10 |
(2) | In subsection (1), in the definition of “Article 22(1) investigation”, for “OFT” |
| |
| |
| |
(a) | after the entry for “Article 82” insert— |
| |
| 15 |
(b) | omit the entry for “the OFT”. |
| |
(4) | In subsection (4), for “OFT” substitute “CMA”. |
| |
46 | In section 65D (power to conduct an Article 22(1) investigation), in |
| |
subsection (1), for “OFT” substitute “CMA”. |
| |
47 | In section 65E (powers when conducting Article 22(1) investigations), in |
| 20 |
subsections (1) and (5), for “OFT” (in each place where it occurs) substitute |
| |
| |
48 | In section 65F (power to enter business premises without a warrant), in |
| |
subsections (1) and (3), for “OFT” (in each place where it occurs) substitute |
| |
| 25 |
49 | In section 65G (power to enter business premises under a warrant), in |
| |
subsections (1)(b)(i) and (2), for “OFT” (in each place where it occurs) |
| |
| |
50 | In section 65H (power to enter domestic premises under a warrant), in |
| |
subsections (1)(b)(i) and (2), for “OFT” (in each place where it occurs) |
| 30 |
| |
51 | In section 65N (false or misleading information), in subsections (1) and (2), |
| |
for “OFT” (in each place where it occurs) substitute “CMA”. |
| |
52 | In section 75A (rules in relation to Parts 2 and 2A), in subsections (1) to (8), |
| |
for “OFT” (in each place where it occurs) substitute “CMA”. |
| 35 |
53 (1) | Schedule 1 (exclusions: mergers and concentrations) is amended as follows. |
| |
(2) | In paragraph 4, in sub-paragraphs (1) to (5), for “OFT” (in each place where |
| |
it occurs) substitute “CMA”. |
| |
(3) | In paragraph 5, for “OFT” (in each place where it occurs) substitute “CMA”. |
| |
54 | In Schedule 2 (exclusions: other competition scrutiny), in Part 3, in |
| 40 |
paragraph 5(3)(a), for “Director” substitute “CMA”. |
| |
55 (1) | Schedule 3 (general exclusions) is amended as follows. |
| |
|
| |
|
| |
|
(2) | In paragraph 9, in sub-paragraphs (3) to (7), for “OFT” (in each place where |
| |
it occurs) substitute “CMA”. |
| |
56 (1) | Schedule 6A (commitments) is amended as follows. |
| |
(2) | In paragraph 1, for “OFT” substitute “CMA”. |
| |
| 5 |
(a) | in sub-paragraph (1), for “OFT” substitute “CMA”, |
| |
(b) | in sub-paragraph (2)— |
| |
(i) | for “OFT” (in each place where it occurs) substitute “CMA”, |
| |
| |
(ii) | for “OFT’s” substitute “CMA’s”. |
| 10 |
(4) | In paragraph 3, in sub-paragraph (1), for “OFT” substitute “CMA”. |
| |
(5) | In paragraph 4, for “OFT” (in each place where it occurs) substitute “CMA”. |
| |
(6) | In paragraph 5, for “OFT” substitute “CMA”. |
| |
(7) | In paragraph 6, for “OFT” substitute “CMA”. |
| |
(8) | In paragraph 7, for “OFT” (in each place where it occurs) substitute “CMA”. |
| 15 |
(9) | In paragraph 8, for “OFT” (in each place where it occurs) substitute “CMA”. |
| |
(10) | In paragraph 10, for “OFT” substitute “CMA”. |
| |
(11) | In paragraph 11, in sub-paragraph (1), for “OFT” substitute “CMA”. |
| |
(12) | In paragraph 12, for “OFT” substitute “CMA”. |
| |
(13) | In paragraph 13, for “OFT” substitute “CMA”. |
| 20 |
(14) | In paragraph 14, for “OFT” (in each place where it occurs) substitute “CMA”. |
| |
57 (1) | Schedule 8 (appeals) is amended as follows. |
| |
(2) | In paragraph 2, in sub-paragraph (2), for “OFT’s” substitute “CMA’s”. |
| |
(3) | In paragraph 3, in sub-paragraphs (2) and (3), for “OFT” (in each place where |
| |
it occurs) substitute “CMA”. |
| 25 |
(4) | In paragraph 3A, in sub-paragraph (3), for “OFT” substitute “CMA”. |
| |
58 (1) | Schedule 9 (rules under section 51) is amended as follows. |
| |
(2) | In the heading, for “OFT’s” substitute “CMA’s”. |
| |
(3) | In paragraph 1, for “OFT” substitute “CMA”. |
| |
(4) | In paragraph 5, in sub-paragraphs (1) and (2), for “OFT” (in each place where |
| 30 |
it occurs) substitute “CMA”. |
| |
(5) | In paragraph 8, for “OFT” (in each place where it occurs) substitute “CMA”. |
| |
(6) | In paragraph 9, for “OFT” (in each place where it occurs) substitute “CMA”. |
| |
(7) | In paragraph 11, for “OFT” substitute “CMA”. |
| |
(8) | In paragraph 12, in sub-paragraph (1)— |
| 35 |
(a) | for “OFT” substitute “CMA”, and |
| |
(b) | for “OFT’s” substitute “CMA’s”. |
| |
|
| |
|
| |
|
| |
(a) | for “OFT” substitute “CMA”, and |
| |
(b) | for “OFT’s” substitute “CMA’s”. |
| |
(10) | In paragraph 14, for “OFT” substitute “CMA”. |
| |
| 5 |
Transfer of functions under the 2002 Act to the CMA |
| |
59 | The Enterprise Act 2002 is amended as follows. |
| |
| |
60 (1) | Section 5 (acquisition of information etc) is amended as follows. |
| |
(2) | In subsections (1), (2) and (3), for “OFT” (in each place where it occurs) |
| 10 |
| |
(3) | In the italic cross-heading preceding the section for “OFT” substitute “the |
| |
| |
61 | In section 6 (provision of information etc to the public), in subsections (1) |
| |
and (2), for “OFT” (in each place where it occurs) substitute “CMA”. |
| 15 |
62 (1) | Section 7 (provision of information and advice to Ministers etc) is amended |
| |
| |
(2) | In subsection (1), for “OFT” substitute “CMA”. |
| |
(3) | In subsection (2), for “OFT” (in each place where it occurs) substitute |
| |
| 20 |
63 | Omit section 8 (promoting good consumer practice). |
| |
64 (1) | Section 11 (super-complaints) is amended as follows. |
| |
(2) | In subsections (1) and (2), for “OFT” (in each place where it occurs) substitute |
| |
| |
(3) | In subsection (3), for “OFT’s” substitute “CMA’s”. |
| 25 |
(4) | In subsection (7), for “OFT” substitute “CMA”. |
| |
65 | For the title to Part 1 substitute “General functions of the CMA”. |
| |
| |
66 | In Schedule 4 (Competition Appeal Tribunal: procedure), in Part 2 (Tribunal |
| |
rules), in paragraph 22(2), for “OFT” substitute “CMA”. |
| 30 |
| |
67 (1) | Section 22 (duty to make references in relation to completed mergers) is |
| |
| |
(2) | In subsection (1), for the words before paragraph (a) substitute “The CMA |
| |
shall, subject to subsections (2) and (3), make a reference to its chair for the |
| 35 |
|
| |
|