Session 2012 - 13
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Enterprise and Regulatory Reform Bill


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

167

 

      (3)  

In subsection (2F), for “Commission” (in each place where it occurs)

substitute “CMA”.

      (4)  

In subsection (2G)—

(a)   

for “Competition Commission” substitute “CMA”, and

(b)   

for the words from “the words” to the end, substitute “—

5

(a)   

the words “, OFCOM or the Secretary of State” were

omitted; and

(b)   

for the words “their functions” there were substituted

“its functions”.”

      (5)  

In subsections (3) and (4), for “Competition Commission” (in each place

10

where it occurs) substitute “CMA”.

78         

In section 16 (modification by order under other enactments), in subsection

(1), for “OFT, the Competition Commission” substitute “CMA”.

79    (1)  

Section 74 (annual and other reports) is amended as follows.

      (2)  

In subsection (1)(b), for “Competition Commission’s” substitute “CMA’s”.

15

      (3)  

Omit subsection (7).

80         

In section 83 (interpretation of Part 1), in subsection (1)—

(a)   

before the definition of “cross-border service” insert—

““the CMA” means the Competition and Markets Authority;”, and

(b)   

omit the definition of “the OFT”.

20

81    (1)  

Schedule 4A (review of access charges by regulators) is amended as follows.

      (2)  

In the italic cross-heading preceding paragraph 8, for “Competition

Commission reference” substitute “reference to CMA”.

      (3)  

In paragraph 8, in sub-paragraph (2)(b), for “Competition Commission”

substitute “CMA”.

25

      (4)  

In the italic cross-heading preceding paragraph 9, for “Competition

Commission” substitute “CMA”.

      (5)  

In paragraph 9—

(a)   

in sub-paragraphs (1), (3) to (5), and (6A) to (9), for “Competition

Commission” (in each place where it occurs) substitute “CMA”, and

30

(b)   

after sub-paragraph (9), insert—

   “(10)  

The functions of the CMA with respect to a reference under

this paragraph are to be 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

35

Reform Act 2013 (including functions relating to the

making of changes following a report on a reference, and

functions under sections 109 to 115 of the Enterprise Act

2002, as applied by paragraphs 10A and 15).”

      (6)  

In paragraph 10A, in sub-paragraph (4)—

40

(a)   

for “Competition Commission” substitute “CMA”, and

(b)   

for the words from “the words” to the end, substitute “—

(a)   

the words “, OFCOM or the Secretary of State” were

omitted; and

 
 

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

168

 

(b)   

for the words “their functions” there were substituted

“its functions”.”

      (7)  

In paragraph 11—

(a)   

in sub-paragraph (1), for “Competition Commission” substitute

“CMA”,

5

(b)   

in sub-paragraph (4A)—

(i)   

for “Competition Commission” substitute “CMA”, and

(ii)   

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”, and

10

(c)   

in sub-paragraphs (4B) to (5C) and (6), for “Competition

Commission” (in each place where it occurs) substitute “CMA”.

      (8)  

In paragraph 12, in sub-paragraphs (1), (4B), (5), (8) and (9), for

“Competition Commission” substitute “CMA”.

      (9)  

In the italic cross-heading preceding paragraph 13, for “Competition

15

Commission’s” substitute “CMA’s”.

     (10)  

In paragraph 13, in sub-paragraphs (1) to (5), for “Competition Commission”

(in each place where it occurs) substitute “CMA”.

     (11)  

In the italic cross-heading preceding paragraph 14, for “Competition

Commission” substitute “CMA”.

20

     (12)  

In paragraph 14, in sub-paragraphs (1) to (3) and (5) and (6), for

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

“CMA”.

     (13)  

In paragraph 15—

(a)   

in sub-paragraphs (2) to (2B) and (2D), for “Competition

25

Commission” (in each place where it occurs) substitute “CMA”,

(b)   

in sub-paragraph (2F), for “Commission” (in each place where it

occurs) substitute “CMA”,

(c)   

in sub-paragraph (2G)—

(i)   

for “Competition Commission” substitute “CMA”, and

30

(ii)   

for the words from “the words” to the end, substitute “—

(a)   

the words “, OFCOM or the Secretary of State” were

omitted; and

(b)   

for the words “their functions” there were substituted

“its functions”.”, and

35

(d)   

in sub-paragraphs (3) and (4), for “Competition Commission” (in

each place where it occurs) substitute “CMA”.

Utilities Act 2000 (c. 27)

82         

The Utilities Act 2000 is amended as follows.

83    (1)  

Section 5 (annual and other reports of Authority) is amended as follows.

40

      (2)  

In subsection (1)(b), for “Competition Commission” substitute “Competition

and Markets Authority”.

      (3)  

Omit subsection (9).

84         

Section 104 (specialist members of the Competition Commission) is omitted.

 
 

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

169

 

Transport Act 2000 (c. 38)

85         

The Transport Act 2000 is amended as follows.

86    (1)  

Section 12 (references) is amended as follows.

      (2)  

In subsection (1)—

(a)   

for “Competition Commission” substitute “Competition and

5

Markets Authority (referred to in this Chapter as “the CMA”)”, and

(b)   

for “the Commission” substitute “the CMA”.

      (3)  

In subsections (2), (3) and (5) to (8), for “Commission” (in each place where

it occurs) substitute “CMA”.

      (4)  

After subsection (8) insert—

10

“(8A)   

The functions of the CMA with respect to a reference under this

section are to be 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 (including

functions relating to the making of modifications following a report

15

on a reference, and functions under sections 109 to 115 of the

Enterprise Act 2002, as applied by sections 12B and 18).”

      (5)  

In the heading, for “Competition Commission” substitute “Competition and

Markets Authority”.

87         

In section 12A (references under section 12: time limits), in subsections (2)

20

and (3), for “Competition Commission” (in each place where it occurs)

substitute “CMA”.

88         

In section 12B (references under section 12: application of Enterprise Act

2002), in subsection (4)—

(a)   

for “Competition Commission” substitute “CMA”, and

25

(b)   

for the words from “the words” to the end, substitute “—

(a)   

the words “, OFCOM or the Secretary of State” were

omitted; and

(b)   

for the words “their functions” there were substituted

“its functions”.”

30

89    (1)  

Section 13 (reports on references) is amended as follows.

      (2)  

In subsection (1), for “Competition Commission” substitute “CMA”.

      (3)  

In subsection (1A)—

(a)   

for “Competition Commission” substitute “CMA”, and

(b)   

for the words from “in connection with” to the end, substitute “by the

35

chair of the CMA for the purpose of carrying out the functions of the

CMA with respect to the reference.”.

      (4)  

In subsections (1B) to (2C), for “Competition Commission” (in each place

where it occurs) substitute “CMA”.

      (5)  

In subsection (3), for “Commission” substitute “CMA”.

40

90    (1)  

Section 14 (modification following report) is amended as follows.

      (2)  

In subsection (1), for “Competition Commission” substitute “CMA”.

 
 

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

170

 

      (3)  

In subsection (5), for “Commission” (in each place where it occurs) substitute

“CMA”.

91    (1)  

Section 15 (power to give direction) is amended as follows.

      (2)  

In subsection (1), for “Competition Commission” substitute “CMA”.

      (3)  

In subsection (2), for “Commission” substitute “CMA”.

5

      (4)  

In subsection (3)—

(a)   

for “Commission” substitute “CMA”, and

(b)   

for “Commission’s” substitute “CMA’s”.

      (5)  

In subsections (4), (9) and (10), for “Commission” (in each place where it

occurs) substitute “CMA”.

10

      (6)  

In the heading, for “Commission’s” substitute “CMA’s”.

92    (1)  

Section 16 (position where direction given) is amended as follows.

      (2)  

In subsection (1), for “Competition Commission” substitute “CMA”.

      (3)  

In subsection (2)—

(a)   

for “Commission” substitute “CMA”, and

15

(b)   

for “Commission’s” substitute “CMA’s”.

      (4)  

In subsection (3)—

(a)   

for “Commission” substitute “CMA”, and

(b)   

for “Commission’s” substitute “CMA’s”.

      (5)  

In subsections (4) to (6), for “Commission” (in each place where it occurs)

20

substitute “CMA”.

      (6)  

In the heading, for “Commission” substitute “CMA”.

93    (1)  

Section 17 (duty as to modifications under section 16) is amended as follows.

      (2)  

In subsection (1), for “Competition Commission” substitute “CMA”.

      (3)  

In subsections (2) and (4) to (6), for “Commission” (in each place where it

25

occurs) substitute “CMA”.

      (4)  

In the heading, for “Commission’s” substitute “CMA’s”.

94    (1)  

Section 18 (sections 15 and 16: general) is amended as follows.

      (2)  

In subsections (2) to (4) and (6), for “Competition Commission” (in each

place where it occurs) substitute “CMA”.

30

      (3)  

In subsection (8), for “Commission” (in each place where it occurs) substitute

“CMA”.

      (4)  

In subsection (9)—

(a)   

for “Competition Commission” substitute “CMA”, and

(b)   

for the words from “the words” to the end, substitute “—

35

(a)   

the words “, OFCOM or the Secretary of State” were

omitted; and

(b)   

for the words “their functions” there were substituted

“its functions”.”

 
 

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

171

 

95         

In section 19 (modification by order under other enactments), in subsection

(1), for “Office of Fair Trading, the Competition Commission” substitute

“CMA”.

96    (1)  

Schedule 10 (competition test: functions and agreements relating to buses) is

amended as follows.

5

      (2)  

In the italic cross-heading preceding paragraph 5, for “OFT” substitute

“CMA”.

      (3)  

In paragraph 5—

(a)   

for “Office of Fair Trading” substitute “Competition and Markets

Authority”, and

10

(b)   

for “OFT”” substitute “CMA””.

      (4)  

In paragraphs 6, 7, 9, 10 and 12 to 14, for “OFT” (in each place where it

occurs) substitute “CMA”.

      (5)  

In paragraph 14A, in sub-paragraphs (2) to (6), for “OFT” (in each place

where it occurs) substitute “CMA”.

15

      (6)  

In paragraphs 15 and 16, for “OFT” (in each place where it occurs) substitute

“CMA”.

Communications Act 2003 (c. 21)

97         

The Communications Act 2003 is amended as follows.

98    (1)  

Section 193 (reference of price control matters) is amended as follows.

20

      (2)  

In subsection (1), for “Competition Commission” substitute “CMA”.

      (3)  

In subsection (2)—

(a)   

for “Competition Commission” substitute “CMA”,

(b)   

for “the Commission is to determine that matter” substitute “the

determination of the matter is to be carried out on behalf of the CMA

25

by a group constituted for the purpose by the chair of the CMA

under Schedule 4 to the Enterprise and Regulatory Reform Act 2013,

and is to be performed”,

(c)   

in paragraph (b), for “them” substitute “the CMA”, and

(d)   

in paragraph (c), for “Commission” substitute “CMA”.

30

      (4)  

In subsection (3)—

(a)   

for “Competition Commission” substitute “CMA”, and

(b)   

for “that Commission” substitute “the CMA”.

      (5)  

In subsection (4), for “Competition Commission” substitute “CMA”.

      (6)  

In subsection (6)—

35

(a)   

for “Competition Commission” substitute “CMA”, and

(b)   

for “that Commission” substitute “the CMA”.

      (7)  

In subsections (7) and (8), for “Competition Commission” (in each place

where it occurs) substitute “CMA”.

      (8)  

In the heading, for “Competition Commission” substitute “CMA”.

40

 
 

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

172

 

99         

Section 194 (composition of Competition Commission for price control

references) is omitted.

100        

In section 197 (interpretation of Chapter 3), before the definition of “network

access” insert—

““the CMA” means the Competition and Markets Authority;”.

5

Energy Act 2004 (c. 20)

101        

The Energy Act 2004 is amended as follows.

102   (1)  

Section 173 (appeals) is amended as follows.

      (2)  

In subsection (1)—

(a)   

omit “shall lie to the Competition Commission”, and

10

(b)   

after “applies” insert “shall lie to the Competition and Markets

Authority (in this Chapter referred to as “the CMA”)”.

      (3)  

In subsections (4) and (5), for “Competition Commission” (in each place

where it occurs) substitute “CMA”.

      (4)  

In the heading, for “Competition Commission” substitute “CMA”.

15

103   (1)  

Section 174 (procedure on appeals) is amended as follows.

      (2)  

Omit subsection (1).

      (3)  

In subsection (2), omit “Instead,”.

      (4)  

After subsection (2) insert—

“(2A)   

Except where specified otherwise in Schedule 22, the functions of the

20

CMA with respect to appeals under section 173 are to be 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.”

104   (1)  

Section 175 (determination of appeals) is amended as follows.

25

      (2)  

In subsections (2) to (6), for “Competition Commission” (in each place where

it occurs) substitute “CMA”.

      (3)  

In subsection (9)—

(a)   

for “Competition Commission” substitute “CMA”, and

(b)   

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

30

CMA”.

      (4)  

In subsection (10), for “Competition Commission” substitute “CMA”.

105        

Section 176 is omitted.

106        

Section 177 is omitted.

107   (1)  

Schedule 22 (procedure for appeals under section 173) is amended as

35

follows.

      (2)  

In paragraph 1—

(a)   

in sub-paragraph (1), for “Commission” substitute “CMA”,

(b)   

in sub-paragraph (8), for “Commission’s” substitute “CMA’s”,

(c)   

in sub-paragraph (9)—

40

 
 

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

173

 

(i)   

for “Commission’s” substitute “CMA’s”, and

(ii)   

for “Commission” substitute “CMA”, and

(d)   

in sub-paragraph (12), for “the Commission must” substitute “an

authorised member of the CMA must”.

      (3)  

In paragraph 2, in sub-paragraphs (1), (2), (5) and (6), for “Commission” (in

5

each place where it occurs) substitute “CMA”.

      (4)  

In paragraph 3, in sub-paragraphs (1) and (5), for “Commission” (in each

place where it occurs) substitute “CMA”.

      (5)  

In paragraph 4, in sub-paragraph (1), for “Commission” substitute “CMA”.

      (6)  

In paragraph 5—

10

(a)   

omit sub-paragraph (1),

(b)   

in sub-paragraph (2)—

(i)   

after “group”, insert “constituted by the chair of the CMA

under Schedule 4 to the Enterprise and Regulatory Reform

Act 2013 for the purpose of carrying out functions of the

15

CMA with respect to an appeal under section 173”, and

(ii)   

for “Commission” substitute “CMA panel”,

(c)   

omit sub-paragraphs (3) to (7), and

(d)   

in sub-paragraph (8), for “a group” substitute “the group”.

      (7)  

In paragraph 6—

20

(a)   

in sub-paragraph (1), for the words from the beginning to “that

appeal” substitute “The CMA must determine an appeal”,

(b)   

in sub-paragraph (2)—

(i)   

for “group with the function of determining an appeal”

substitute “CMA”, and

25

(ii)   

after “requirements” insert “in respect of an appeal”, and

(c)   

in sub-paragraph (3), for “Commission” substitute “CMA”.

      (8)  

In paragraph 7—

(a)   

for “The group with the function of determining an appeal”

substitute “The CMA”, and

30

(b)   

for “determination of the appeal” substitute “determination of an

appeal”.

      (9)  

In paragraph 8—

(a)   

in sub-paragraph (1), for “Commission” (in each place where it

occurs) substitute “CMA”,

35

(b)   

in sub-paragraph (4)—

(i)   

for “The Commission may take copies” substitute “An

authorised member of the CMA may, for the purpose of the

exercise of the functions of the CMA, make arrangements for

copies to be taken”, and

40

(ii)   

omit “to it”, and

(c)   

in sub-paragraph (5), for the words from “Commission’s” to the end,

substitute “CMA’s behalf by an authorised member of the CMA”.

     (10)  

In paragraph 9—

(a)   

in sub-paragraph (2), for “Commission” substitute “CMA”,

45

 
 

 
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Revised 19 March 2013