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 5 — Amendments related to Part 3
Part 2 — Transfer of functions under the 2002 Act to the CMA
146

(b)
omit “itself”.
      (7)
In subsection (6)—
(a)
for “relevant authority” substitute “Secretary of State”, and
(b)
for “OFT” substitute “CMA”.
      (8)
For the heading substitute “Role of CMA in relation to undertakings and
5
orders in public interest cases: Part 4”.
196   (1)
Section 166 (register of undertakings and orders: Part 4) is amended as
follows.
      (2)
In subsections (1) and (2), for “OFT” (in each place where it occurs) substitute
“CMA”.
10
      (3)
In subsection (3)—
(a)
in the words before paragraph (a), for “OFT” substitute “CMA”,
(b)
in paragraph (a), omit “(whether by the Commission, the Secretary
of State or a relevant sectoral regulator)”, and
(c)
in paragraph (b), omit “(whether by the Commission, the Secretary
15
of State or a relevant sectoral regulator)”.
      (4)
In subsection (4), for “OFT” substitute “CMA”.
      (5)
In subsection (5)—
(a)
omit “Commission, the”, and
(b)
for “OFT” substitute “CMA”.
20
      (6)
In subsections (6) and (7), for “OFT” (in each place where it occurs) substitute
“CMA”.
197   (1)
Section 167 (rights to enforce undertakings and orders under this Part) is
amended as follows.
      (2)
In subsection (6), for “OFT” substitute “CMA”.
25
      (3)
In subsection (7)—
(a)
after “accepted” insert “by the Secretary of State”,
(b)
after “an order” insert “made by the Secretary of State”, and
(c)
for “relevant authority” substitute “Secretary of State”.
      (4)
Omit subsection (8).
30
      (5)
In subsection (9), for “(6) to (8)” substitute “(6) and (7)”.
198
In section 168 (regulated markets), in subsections (1), (2), (6) and (7), for
“Commission” (in each place where it occurs) substitute “CMA”.
199
In section 169 (certain duties of relevant authorities to consult: Part 4), in
subsection (6)—
35
(a)
in the definition of “relevant authority”, for “OFT, the appropriate
Minister or the Commission” substitute “CMA, the appropriate
Minister”,
(b)
in the definition of “relevant decision”, in paragraph (a), in the
opening words, for “OFT” (in each place where it occurs) substitute
40
“CMA”,
(c)
also in that paragraph of that definition, after sub-paragraph (ii)

Enterprise and Regulatory Reform Bill
Schedule 5 — Amendments related to Part 3
Part 2 — Transfer of functions under the 2002 Act to the CMA
147

insert “; or—
(iii)
on the questions mentioned in section 134, 141
or 141A; and”, and
(d)
also in that definition, omit paragraph (c) and the word “and”
preceding it.
5
200   (1)
Section 170 (general information duties) is amended as follows.
      (2)
Omit subsections (1) and (2).
      (3)
In subsection (3)—
(a)
in the words before paragraph (a), for “OFT and the Commission”
substitute “CMA”,
10
(b)
in paragraph (a), for “their possession” substitute “its possession”,
and
(c)
in paragraph (b), for “OFT (or as the case may be) the Commission”
substitute “CMA”.
      (4)
In subsection (4), for “OFT” (in each place where it occurs) substitute
15
“CMA”.
      (5)
In subsection (5), omit the words from the beginning to “and the Secretary
of State” and insert “The Secretary of State”.
201   (1)
Section 171 (advice and information: Part 4) is amended as follows.
      (2)
In subsection (1)—
20
(a)
omit “As soon as reasonably practicable after the passing of this
Act,”,
(b)
for “the OFT” substitute “The CMA”, and
(c)
for “the making of references by it under section 131” substitute “—
(a)
the making and consideration by it of market
25
investigation references, and
(b)
the way in which relevant customer benefits may
affect the taking of enforcement action in relation to
such references.”
      (3)
In subsection (2), for “OFT” substitute “CMA”.
30
      (4)
Omit subsections (3) and (4).
      (5)
In subsection (5)(b), for “OFT or (as the case may be) the Commission”
substitute “CMA”.
      (6)
In subsection (6)—
(a)
omit “or (3)”, and
35
(b)
for “OFT or (as the case may be) the Commission” substitute “CMA”.
      (7)
In subsection (7)—
(a)
omit “or (3)”, and
(b)
for “OFT or (as the case may be) the Commission” substitute “CMA”.
      (8)
In subsection (8)—
40
(a)
for “OFT or the Commission” substitute “CMA”, and
(b)
for “OFT or (as the case may be) the Commission” substitute “CMA”.

Enterprise and Regulatory Reform Bill
Schedule 5 — Amendments related to Part 3
Part 2 — Transfer of functions under the 2002 Act to the CMA
148

      (9)
In subsection (9), for “OFT shall consult the Commission and such other
persons” substitute “CMA shall consult such persons”.
     (10)
Omit subsection (10).
202   (1)
Section 172 (further publicity requirements: Part 4) is amended as follows.
      (2)
In subsection (1), for “OFT” substitute “CMA”.
5
      (3)
In subsection (2), for “Commission shall” substitute “CMA shall also”.
      (4)
In subsection (10), for “Commission’s” substitute “CMA’s”.
203
In section 173 (defamation)—
(a)
for “OFT” substitute “CMA”,
(b)
for “by the Secretary of State,” substitute “by the Secretary of State
10
or”, and
(c)
omit “or by the Commission”.
204
In section 174 (investigatory powers), in subsections (3) to (5), for “OFT” (in
each place where it occurs) substitute “CMA”.
205
In section 177 (excisions from reports: Part 4), in subsections (1), (4) and (5),
15
for “Commission” (in each place where it occurs) substitute “CMA”.
206   (1)
Section 178 (minority reports: Part 4) is amended as follows.
      (2)
In subsection (1)—
(a)
omit “in pursuance of paragraph 15 of Schedule 7 to the Competition
Act 1998 (c. 41)”, and
20
(b)
for “Commission” (in each place where it occurs) substitute “CMA”.
      (3)
In the heading, for “Commission” substitute “CMA”.
207
In section 179 (review of decisions under Part 4), in subsection (1)—
(a)
for “OFT” substitute “CMA”, and
(b)
for “, the Secretary of State or the Commission” substitute “or the
25
Secretary of State”.
208
In section 183 (interpretation of Part 4), in subsection (3), for “Commission”
(in each place where it occurs) substitute “CMA”.
209   (1)
Section 184 (index of defined expressions: Part 4) is amended as follows.
      (2)
At the appropriate place in the table insert—
30

“The CMA
Section 273”.

      (3)
Omit the entries in the table for “The Commission” and “The OFT”.
      (4)
In the first column of the entry in the table for “Reports of the Commission”,
for “Commission” substitute “CMA”.
Part 6
35
210
In section 190 (cartel offence: prosecution), in subsections (2)(b) and (4), for
“OFT” substitute “CMA”.

Enterprise and Regulatory Reform Bill
Schedule 5 — Amendments related to Part 3
Part 3 — Abolition of the Competition Commission
149

211
In section 192 (investigation of cartel offences), in subsections (1) and (2), for
“OFT” (in each place where it occurs) substitute “CMA”.
212
In section 193 (powers when conducting an investigation), in subsections (1)
to (4), for “OFT” (in each place where it occurs) substitute “CMA”.
213
In section 194 (power to enter premises under a warrant), in subsections (1)
5
and (2), for “OFT” (in each place where it occurs) substitute “CMA”.
214
In section 195 (exercise of powers by authorised person), in subsection (1),
for “OFT” (in both places where it occurs) substitute “CMA”.
215
In section 196 (privileged information etc), in subsection (2)(b), for “OFT”
substitute “CMA”.
10
216
In section 201 (offences), in subsection (4)(a), for “OFT” substitute “CMA”.
Part 11
217   (1)
Section 273 (interpretation) is amended as follows.
      (2)
For the definition of “the Commission” substitute—
““the CMA” means the Competition and Markets Authority;”.
15
      (3)
Omit the definition of “the OFT”.
Part 3
Abolition of the Competition Commission
Amendments of the 1998 Act
218
The 1998 Act is amended as follows.
20
219
In the heading of Chapter 4 of Part 1, omit “The Competition Commission
and”.
220
Omit section 45 (establishment of Competition Commission) and the cross-
heading preceding it.
221
In section 59 (interpretation of Part 1), in subsection (1), in the definition of
25
“the Commission”, omit “(except in relation to the Competition
Commission)”.
222
Omit Schedule 7 (Competition Commission).
223
Omit Schedule 7A (Competition Commission: procedural rules for mergers
and markets refinances).
30
Amendments of the 2002 Act
224
The 2002 Act is amended as follows.
225
Omit sections 185 to 187 (the Competition Commission).
226
In Schedule 3 (the Competition Service), omit Part 2 (transfers of property
etc between the Competition Commission and the Competition Service).
35
227
Omit Schedule 11 (the Competition Commission).

Enterprise and Regulatory Reform Bill
Schedule 6 — Regulatory appeals etc: minor and consequential amendments
Part 1 — Amendments to Acts
150

228
Omit Schedule 12 (Competition Commission: certain procedural rules).
Part 4
Abolition of the Office of Fair Trading
229
Omit sections 1 to 4 of, and Schedule 1 to, the 2002 Act (which make
provision about the establishment of the Office of Fair Trading), and the
5
italic cross-heading preceding section 1.
Schedule 6
Section 26(4)

Regulatory appeals etc: minor and consequential amendments
Part 1
Amendments to Acts
10
Competition Act 1980 (c. 21)
1
The Competition Act 1980 is amended as follows.
2     (1)
Section 11 (reference of public bodies and certain other persons to the
Commission) is amended as follows.
      (2)
In subsections (1), (5), (6), (8) and (10), for “Commission” (in each place
15
where it occurs) substitute “CMA” .
      (3)
After subsection (10) insert—
“(10A)
The functions of the CMA with respect to a reference under this
section (including functions under sections 109 to 115 of the
Enterprise Act 2002, as applied by section 11B) are to be carried out
20
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.”
      (4)
In the heading, for “Commission” substitute “CMA”.
3
In section 11A (references under section 11: time-limits), in subsections (2)
25
and (3), for “Commission” (in each place where it occurs) substitute “CMA”.
4     (1)
Section 11C (references under section 11: further supplementary provisions)
is amended as follows.
      (2)
In subsection (1), for the words from “the words” to the end, substitute “—
(a)
the words “, OFCOM or the Secretary of State” were omitted,
30
and
(b)
for the words “their functions” there were substituted “its
functions”.”
      (3)
In subsection (3)—
(a)
for “Commission” substitute “CMA”, and
35

Enterprise and Regulatory Reform Bill
Schedule 6 — Regulatory appeals etc: minor and consequential amendments
Part 1 — Amendments to Acts
151

(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”.
5
In section 12 (orders following report under section 11), in subsections (1) to
(3) and (5), for “Commission” (in each place where it occurs) substitute
5
“CMA”.
6
In section 16 (general provisions as to reports), in subsection (2), for
“Commission” substitute “CMA”.
7
In section 17 (laying before Parliament and publication of reports), in
subsection (6), for “Commission” substitute “CMA”.
10
8
In section 33 (short title, interpretation, etc), in subsection (2), for ““the
Commission”” substitute ““the CMA””.
Solicitors (Scotland) Act 1980 (c. 46)
9
The Solicitors (Scotland) Act 1980 is amended as follows.
10
In section 25A (rights of audience in the Court of Session etc), in subsections
15
(9) and (11), for “Director” (in each place where it occurs) substitute “CMA”.
11    (1)
Section 64A (advisory and supervisory functions) is amended as follows.
      (2)
In subsections (1) and (2), for “Director” (in each place where it occurs)
substitute “CMA”.
      (3)
In subsection (3)—
20
(a)
for “Director has completed his consideration he” substitute “CMA
has completed its consideration, the CMA”, and
(b)
for “he thinks” substitute “it thinks”.
      (4)
In subsection (4), for “The Director may publish any advice given by him”
substitute “The CMA may publish advice given”.
25
      (5)
In subsection (5)—
(a)
for “Director” substitute “CMA”, and
(b)
for “Director’s” substitute “CMA’s”.
      (6)
In subsection (6), for “Director” substitute “CMA”.
      (7)
In the heading, for “Director General of Fair Trading” substitute
30
“Competition and Markets Authority”.
12    (1)
Section 64C (investigatory powers) is amended as follows.
      (2)
In subsection (1)—
(a)
for “Director” substitute “CMA”, and
(b)
for “him” (in each place where it occurs) substitute “the CMA”.
35
      (3)
After subsection (2) insert—
“(2A)
A notice under this section may be issued on the CMA’s behalf by
any member of the CMA Board.”
      (4)
In the heading, for “Director” substitute “Competition and Markets
Authority”.
40

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

13
In section 64CA (enforcement of notices under section 64C), in subsections
(1) and (2), for “Office of Fair Trading” (in each place where it occurs)
substitute “CMA”.
14    (1)
In section 65 (interpretation), in subsection (1)—
(a)
before the definition of “the Council” insert—
5
““the CMA” means the Competition and Markets
Authority;
“the CMA Board” has the same meaning as in Schedule
4 to the Enterprise and Regulatory Reform Act 2013;”,
and
10
(b)
omit the definition of “the Director”.
Gas Act 1986 (c. 44)
15
The Gas Act 1986 is amended as follows.
16    (1)
Section 23B (appeals) is amended as follows.
      (2)
In subsection (1), for “Competition Commission (“the Commission”)”
15
substitute “CMA”.
      (3)
In subsections (3) and (4), for “Commission” (in each place where it occurs)
substitute “CMA”.
      (4)
In the heading, for “Competition Commission” substitute “CMA”.
17    (1)
Section 23C (procedure on appeal) is amended as follows.
20
      (2)
Omit subsection (1).
      (3)
In subsection (2), omit “Instead,”.
      (4)
After subsection (2) insert—
“(2A)
Except where specified otherwise in Schedule 4A, the functions of
the CMA with respect to an appeal under section 23B are to be
25
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.”
      (5)
In the heading, for “Commission” substitute “CMA”.
18    (1)
Section 23D (determination of appeal) is amended as follows.
30
      (2)
In subsections (2) to (5), for “Commission” (in each place where it occurs)
substitute “CMA”.
      (3)
In the heading, for “Commission” substitute “CMA”.
19    (1)
Section 23E (powers on allowing appeal) is amended as follows.
      (2)
In subsection (1), for “Commission” substitute “CMA”.
35
      (3)
In subsection (2)—
(a)
for “Commission” (in each place where it occurs) substitute “CMA”,
and
(b)
for “Commission’s” substitute “CMA’s”.