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

181

 

(c)   

in sub-paragraph (4), for “Competition Commission” substitute

“CMA”.

      (7)  

In paragraph 6—

(a)   

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

“CMA”,

5

(b)   

in sub-paragraph (2)—

(i)   

for “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-paragraph (4), for “Commission” substitute “CMA”.

      (8)  

In paragraph 7, in sub-paragraphs (1) and (8), for “Competition

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

      (9)  

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

Commission’s” substitute “CMA’s”.

15

     (10)  

In paragraph 8—

(a)   

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

“CMA”, and

(b)   

in sub-paragraphs (3) to (5), (7), (8) and (10) to (12), for “Commission”

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

20

     (11)  

In paragraph 9—

(a)   

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

“CMA”, and

(b)   

in sub-paragraphs (2) and (3), for “Commission” (in each place where

it occurs) substitute “CMA”.

25

     (12)  

In paragraph 10, in sub-paragraph (2), for “Competition Commission”

substitute “CMA”.

139   (1)  

Schedule 12 (procedure on references under section 120) is amended as

follows.

      (2)  

In paragraph 2, in sub-paragraph (1), for “Competition Commission”

30

substitute “CMA”.

      (3)  

In the italic cross-heading preceding paragraph 3, for “Commission”

substitute “CMA”.

      (4)  

In paragraph 3—

(a)   

omit sub-paragraph (1),

35

(b)   

in sub-paragraph (2)—

(i)   

for “selected under this paragraph” substitute “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 CMA with respect to a reference under

40

section 120”, and

(ii)   

for “Commission” substitute “CMA panel”,

(c)   

omit sub-paragraphs (3) to (6), and

(d)   

in sub-paragraph (7), for “a group” substitute “the group”.

      (5)  

In paragraph 4—

45

 
 

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

182

 

(a)   

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

determination” substitute “The CMA must make its determination

on a reference”,

(b)   

in sub-paragraph (2), for “that group” substitute “the CMA”, and

(c)   

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

5

“CMA”.

      (6)  

In paragraph 5, in sub-paragraph (1)—

(a)   

for “group with the function of determining a reference” substitute

“CMA”, and

(b)   

for “of the appeal” substitute “on a reference”.

10

      (7)  

In paragraph 6, in sub-paragraphs (1) and (3), for “Competition

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

      (8)  

In paragraph 7—

(a)   

in sub-paragraph (1), for “a group with the function of making a

determination on a reference under section 120” substitute “the

15

CMA”,

(b)   

in sub-paragraph (2), for “A group with that function” substitute

“The CMA”,

(c)   

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

“CMA”,

20

(d)   

in sub-paragraph (4)—

(i)   

for “Competition Commission” substitute “CMA”, and

(ii)   

in paragraph (b), after “evidence” insert “to it” and omit “to a

group with that function”,

(e)   

in sub-paragraph (5), for “group conducting the hearing” substitute

25

“CMA”,

(f)   

in sub-paragraph (8)—

(i)   

in paragraph (a), for “Competition Commission” substitute

“CMA”, and

(ii)   

in paragraph (b), for “group conducting the hearing”

30

substitute “CMA”, and

(g)   

in sub-paragraph (9), for “Competition Commission” substitute

“CMA”.

      (9)  

In paragraph 8, in sub-paragraph (1)—

(a)   

for “Commission” substitute “CMA”, and

35

(b)   

for “a group with the function of making a determination on a

reference under section 120” substitute “the CMA”.

     (10)  

In paragraph 9, in sub-paragraph (2), for “Commission” substitute “group

constituted for the purpose of carrying out functions of the CMA with

respect to the reference to which the notice or requirement relates”.

40

     (11)  

In paragraph 10, in sub-paragraph (2) for the words from “Competition

Commission’s” to the end substitute “CMA’s behalf by a member of the

group constituted for the purpose of carrying out functions of the CMA with

respect to the reference to which the notice relates”.

     (12)  

In paragraph 11—

45

(a)   

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

“CMA Board”, and

 
 

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

183

 

(b)   

in sub-paragraphs (4) and (5), for “Commission” substitute “CMA

Board”.

     (13)  

In paragraph 12—

(a)   

for sub-paragraph (1) substitute—

    “(1)  

Where the CMA makes a determination on a reference

5

under section 120 it must make an order requiring the

payment to it of the costs it incurred in connection with the

reference.”, and

(b)   

in sub-paragraph (5)—

(i)   

for “The group that makes a determination on a reference

10

under section 120” substitute “The CMA”, and

(ii)   

for “the determination” substitute “a determination on a

reference under section 120”.

Civil Aviation Act 2012

140        

The Civil Aviation Act 2012 is amended as follows.

15

141   (1)  

Section 24 (appeals: conditions of new licences) is amended as follows.

      (2)  

In subsections (1), (3) and (5), for “Competition Commission” (in each place

where it occurs) substitute “Competition and Markets Authority”.

      (3)  

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

Markets Authority”.

20

142   (1)  

Section 25 (appeals: modification of licence conditions) is amended as

follows.

      (2)  

In subsections (1), (3), (5) and (7), for “Competition Commission” (in each

place where it occurs) substitute “Competition and Markets Authority”.

      (3)  

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

25

Markets Authority”.

143        

In section 26 (when appeals may be allowed), for “Competition

Commission” substitute “Competition and Markets Authority”.

144   (1)  

Section 27 (determination of appeal) is amended as follows.

      (2)  

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

30

and Markets Authority”.

      (3)  

In subsection (2)—

(a)   

for “Competition Commission” substitute “Competition and

Markets Authority”, and

(b)   

for “the Commission” substitute “the Competition and Markets

35

Authority”.

      (4)  

In subsection (4)—

(a)   

for “Competition Commission” substitute “Competition and

Markets Authority”, and

(b)   

for “the Commission” substitute “the Competition and Markets

40

Authority”.

 
 

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

184

 

      (5)  

In subsection (5), for “Competition Commission” substitute “Competition

and Markets Authority”.

145   (1)  

Section 28 (determination of appeal: time limits) is amended as follows.

      (2)  

In subsections (1), (3) and (4), for “Competition Commission” (in each place

where it occurs) substitute “Competition and Markets Authority”.

5

      (3)  

In subsection (5)—

(a)   

for “Competition Commission” substitute “Competition and

Markets Authority”, and

(b)   

for “the Commission” substitute “the Competition and Markets

Authority”.

10

      (4)  

In subsections (6) to (8), for “Competition Commission” (in each place where

it occurs) substitute “Competition and Markets Authority”.

146   (1)  

Section 29 (determination of appeal: publication etc) is amended as follows.

      (2)  

In subsection (1)—

(a)   

for “Competition Commission” substitute “Competition and

15

Markets Authority”, and

(b)   

for “the Commission” substitute “the Competition and Markets

Authority”.

      (3)  

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

where it occurs) substitute “Competition and Markets Authority”.

20

      (4)  

In subsection (5)—

(a)   

for “Competition Commission” substitute “Competition and

Markets Authority” and

(b)   

for “Commission’s opinion” (in each place where those words occur)

substitute “opinion of the Competition and Markets Authority”.

25

147   (1)  

Section 30 (procedure on appeals) is amended as follows.

      (2)  

In subsection (2), for “Competition Commission” substitute “Competition

and Markets Authority”.

      (3)  

For subsection (4) substitute—

“(4)   

Except where specified otherwise in Schedule 2, the functions of the

30

Competition and Markets Authority with respect to an appeal under

section 24 or 25 are to be carried out on behalf of the Competition and

Markets Authority by a group constituted for the purpose, by the

chair of the Competition and Markets Authority, under Schedule 4 to

the Enterprise and Regulatory Reform Act 2013.”

35

148   (1)  

Schedule 2 (appeals under sections 24 and 25) is amended as follows.

      (2)  

In paragraph 2—

(a)   

in sub-paragraph (1)—

(i)   

for “Competition Commission’s decision” substitute

“decision of the Competition and Markets Authority”, and

40

(ii)   

for “the Commission” substitute “the Competition and

Markets Authority”,

 
 

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

185

 

(b)   

in sub-paragraphs (5) and (6), for “Competition Commission” (in

each place where it occurs) substitute “Competition and Markets

Authority”,

(c)   

in sub-paragraph (7), for “The Competition Commission” substitute

“An authorised member of the Competition and Markets Authority”,

5

and

(d)   

in sub-paragraph (8), in paragraph (d), for “Commission” substitute

“authorised member”.

      (3)  

In paragraph 3, in sub-paragraph (1), for “Competition Commission”

substitute “Competition and Markets Authority”.

10

      (4)  

In paragraph 4—

(a)   

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

“Competition and Markets Authority”,

(b)   

in sub-paragraph (2), for “on which the Competition Commission

publishes its” substitute “of publication of the Competition and

15

Markets Authority’s”, and

(c)   

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

“Competition and Markets Authority”.

      (5)  

In paragraph 5—

(a)   

in sub-paragraph (1)—

20

(i)   

for “Competition Commission’s decision” substitute

“decision of the Competition and Markets Authority”, and

(ii)   

for “the Commission” substitute “the Competition and

Markets Authority”,

(b)   

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

25

“Competition and Markets Authority”,

(c)   

in sub-paragraph (4), for “The Competition Commission must”

substitute “An authorised member of the Competition and Markets

Authority must”, and

(d)   

in sub-paragraph (5), in paragraph (d), for “Commission” substitute

30

“authorised member”.

      (6)  

In paragraph 6, in sub-paragraph (3), for “Competition Commission”

substitute “Competition and Markets Authority”.

      (7)  

In paragraph 7, in sub-paragraph (3), for “Competition Commission”

substitute “Competition and Markets Authority”.

35

      (8)  

In paragraph 8, in sub-paragraph (3), for “Competition Commission”

substitute “Competition and Markets Authority”.

      (9)  

In paragraph 9, in sub-paragraph (1), for “Competition Commission”

substitute “Competition and Markets Authority”.

     (10)  

In paragraph 10, in sub-paragraph (3), for “Competition Commission’s

40

decision” substitute “decision of the Competition and Markets Authority”.

     (11)  

In paragraph 11—

(a)   

in sub-paragraph (1)—

(i)   

for “Competition Commission’s functions” substitute

“functions of the Competition and Markets Authority”, and

45

(ii)   

for “the Commission” substitute “the Competition and

Markets Authority”,

 
 

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

186

 

(b)   

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

“Competition and Markets Authority”, and

(c)   

in sub-paragraph (4)—

(i)   

for “The Competition Commission” substitute “An

authorised member of the Competition and Markets

5

Authority”, and

(ii)   

for first “it” substitute “he or she”.

     (12)  

In paragraph 12, in sub-paragraph (1), for “Competition Commission”

substitute “Competition and Markets Authority”.

     (13)  

In paragraph 13, in sub-paragraph (3), for “Competition Commission’s

10

decision” substitute “decision of the Competition and Markets Authority”.

     (14)  

In paragraph 14—

(a)   

in sub-paragraph (1)—

(i)   

for “Competition Commission’s functions” substitute

“functions of the Competition and Markets Authority”, and

15

(ii)   

for “the Commission” substitute “the Competition and

Markets Authority”,

(b)   

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

“Competition and Markets Authority”, and

(c)   

in sub-paragraph (4)—

20

(i)   

for “The Competition Commission” substitute “An

authorised member of the Competition and Markets

Authority”, and

(ii)   

for first “it” substitute “he or she”.

     (15)  

In paragraph 15—

25

(a)   

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

substitute “An authorised member of the Competition and Markets

Authority must”,

(b)   

in sub-paragraph (2), for “the Competition Commission must

comply with sub-paragraph (1)” substitute “the requirements of sub-

30

paragraph (1) must be complied with”,

(c)   

in sub-paragraph (3), for “The Competition Commission must”

substitute “An authorised member of the Competition and Markets

Authority must”, and

(d)   

in sub-paragraph (4), in paragraph (d), for “Commission” substitute

35

“authorised member”.

     (16)  

In paragraph 16—

(a)   

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

“Competition and Markets Authority”, and

(b)   

in sub-paragraph (4), in paragraph (a), for “the Competition

40

Commission” substitute “an authorised member of the Competition

and Markets Authority”.

     (17)  

In paragraph 17—

(a)   

omit sub-paragraph (1),

(b)   

in sub-paragraph (2)—

45

(i)   

for “The group” substitute “A group constituted by the chair

of the Competition and Markets Authority, under Schedule 4

to the Enterprise and Regulatory Reform Act 2013, for the

 
 

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

187

 

purpose of carrying out functions of the Competition and

Markets Authority with respect to an appeal under section 24

or 25”, and

(ii)   

for “Competition Commission” substitute “CMA panel”, and

(c)   

omit sub-paragraphs (3) and (4).

5

     (18)  

Omit paragraph 18.

     (19)  

In paragraph 19, in sub-paragraph (1), for “Competition Commission”

substitute “Competition and Markets Authority”.

     (20)  

In paragraph 20—

(a)   

in sub-paragraph (1)—

10

(i)   

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

substitute “The Competition and Markets Authority”,

(ii)   

for “the appeal” substitute “an appeal”, and

(iii)   

for “Competition Commission” substitute “Competition and

Markets Authority”,

15

(b)   

in sub-paragraph (3)—

(i)   

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

substitute “The Competition and Markets Authority”, and

(ii)   

for “the appeal” substitute “an appeal”, and

(c)   

in sub-paragraph (4)—

20

(i)   

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

substitute “The Competition and Markets Authority”, and

(ii)   

for “the appeal” substitute “an appeal”.

     (21)  

In paragraph 21, in sub-paragraph (1), for “Competition Commission”

substitute “Competition and Markets Authority”.

25

     (22)  

In paragraph 22—

(a)   

in sub-paragraphs (1) and (2), for “Competition Commission” (in

each place where it occurs) substitute “Competition and Markets

Authority”,

(b)   

in sub-paragraph (3), for “Competition Commission’s decision”

30

substitute “decision of the Competition and Markets Authority”,

(c)   

in sub-paragraph (4)—

(i)   

for “Competition Commission’s decision” substitute

“decision of the Competition and Markets Authority”, and

(ii)   

for “the Commission” substitute “the Competition and

35

Markets Authority”,

(d)   

in sub-paragraphs (5) and (6), for “Competition Commission” (in

each place where it occurs) substitute “Competition and Markets

Authority”,

(e)   

in sub-paragraph (7)—

40

(i)   

for “Competition Commission’s decision” substitute

“decision of the Competition and Markets Authority”, and

(ii)   

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

“Competition and Markets Authority”, and

(f)   

in sub-paragraph (9)—

45

(i)   

for “Competition Commission’s decision” substitute

“decision of the Competition and Markets Authority”, and

 
 

 
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Revised 19 March 2013