|
| |
|
| |
| |
(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 |
| |
| |
(2) | In subsections (1) and (2), for “OFT” (in each place where it occurs) substitute |
| |
| 10 |
| |
(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”. |
| |
| |
(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 |
| |
| |
197 (1) | Section 167 (rights to enforce undertakings and orders under this Part) is |
| |
| |
(2) | In subsection (6), for “OFT” substitute “CMA”. |
| 25 |
| |
(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”. |
| |
| 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 |
| |
| 35 |
(a) | in the definition of “relevant authority”, for “OFT, the appropriate |
| |
Minister or the Commission” substitute “CMA, the appropriate |
| |
| |
(b) | in the definition of “relevant decision”, in paragraph (a), in the |
| |
opening words, for “OFT” (in each place where it occurs) substitute |
| 40 |
| |
(c) | also in that paragraph of that definition, after sub-paragraph (ii) |
| |
|
| |
|
| |
|
| |
(iii) | on the questions mentioned in section 134, 141 |
| |
| |
(d) | also in that definition, omit paragraph (c) and the word “and” |
| |
| 5 |
200 (1) | Section 170 (general information duties) is amended as follows. |
| |
(2) | Omit subsections (1) and (2). |
| |
| |
(a) | in the words before paragraph (a), for “OFT and the Commission” |
| |
| 10 |
(b) | in paragraph (a), for “their possession” substitute “its possession”, |
| |
| |
(c) | in paragraph (b), for “OFT (or as the case may be) the Commission” |
| |
| |
(4) | In subsection (4), for “OFT” (in each place where it occurs) substitute |
| 15 |
| |
(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. |
| |
| 20 |
(a) | omit “As soon as reasonably practicable after the passing of this |
| |
| |
(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 |
| |
| |
(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” |
| |
| |
| |
| 35 |
(b) | for “OFT or (as the case may be) the Commission” substitute “CMA”. |
| |
| |
| |
(b) | for “OFT or (as the case may be) the Commission” substitute “CMA”. |
| |
| 40 |
(a) | for “OFT or the Commission” substitute “CMA”, and |
| |
(b) | for “OFT or (as the case may be) the Commission” substitute “CMA”. |
| |
|
| |
|
| |
|
(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 |
| |
(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. |
| |
| |
(a) | omit “in pursuance of paragraph 15 of Schedule 7 to the Competition |
| |
| 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 |
| |
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 |
|
(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”. |
| |
| 35 |
210 | In section 190 (cartel offence: prosecution), in subsections (2)(b) and (4), for |
| |
| |
|
| |
|
| |
|
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” |
| |
| 10 |
216 | In section 201 (offences), in subsection (4)(a), for “OFT” substitute “CMA”. |
| |
| |
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”. |
| |
| |
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 |
| |
| |
220 | Omit section 45 (establishment of Competition Commission) and the cross- |
| |
| |
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 |
| |
| |
222 | Omit Schedule 7 (Competition Commission). |
| |
223 | Omit Schedule 7A (Competition Commission: procedural rules for mergers |
| |
| 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). |
| |
|
| |
|
| |
|
228 | Omit Schedule 12 (Competition Commission: certain procedural rules). |
| |
| |
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. |
| |
| |
| |
Regulatory appeals etc: minor and consequential amendments |
| |
| |
| 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 |
| |
| |
(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) |
| |
| |
(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 |
| |
(b) | for the words “their functions” there were substituted “its |
| |
| |
| |
(a) | for “Commission” substitute “CMA”, and |
| 35 |
|
| |
|
| |
|
(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 |
| |
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) |
| |
| |
| 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 |
| |
(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. |
| |
| |
(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 |
| |
| 40 |
|
| |
|
| |
|
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) |
| |
| |
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 |
| |
| |
“the CMA Board” has the same meaning as in Schedule |
| |
4 to the Enterprise and Regulatory Reform Act 2013;”, |
| |
| 10 |
(b) | omit the definition of “the Director”. |
| |
| |
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 |
| |
(3) | In subsections (3) and (4), for “Commission” (in each place where it occurs) |
| |
| |
(4) | In the heading, for “Competition Commission” substitute “CMA”. |
| |
17 (1) | Section 23C (procedure on appeal) is amended as follows. |
| 20 |
| |
(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) |
| |
| |
(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 |
| |
(a) | for “Commission” (in each place where it occurs) substitute “CMA”, |
| |
| |
(b) | for “Commission’s” substitute “CMA’s”. |
| |
|
| |
|