Session 2012 - 13
Internet Publications
Other Bills before Parliament

Enterprise and Regulatory Reform Bill


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

188

 

(ii)   

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

“Competition and Markets Authority”.

     (23)  

In paragraph 23, in sub-paragraph (1), for “Competition Commission”

substitute “Competition and Markets Authority”.

     (24)  

In paragraph 24—

5

(a)   

in sub-paragraph (1)—

(i)   

for “Competition Commission” substitute “Competition and

Markets Authority”, and

(ii)   

for “the Commission” substitute “the Competition and

Markets Authority”, and

10

(b)   

in sub-paragraph (4), for the words from “on the” to the end

substitute “on behalf of the Competition and Markets Authority by

an authorised member of the Competition and Markets Authority”.

     (25)  

In paragraph 25—

(a)   

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

15

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

(b)   

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

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

(c)   

in sub-paragraph (7), in paragraph (a), for “the Competition

Commission is not required” substitute “there is no requirement”,

20

(d)   

in sub-paragraph (9), for “the Competition Commission must pay

the person” substitute “an authorised member of the Competition

and Markets Authority must arrange for the person to be paid”, and

(e)   

in sub-paragraph (10), for the words from “on the” to the end

substitute “on behalf of the Competition and Markets Authority by

25

an authorised member of the Competition and Markets Authority”.

     (26)  

In paragraph 26—

(a)   

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

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

and

30

(b)   

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

substitute “on behalf of the Competition and Markets Authority by

an authorised member of the Competition and Markets Authority”.

     (27)  

In paragraph 27, for “Competition Commission” substitute “Competition

and Markets Authority”.

35

     (28)  

In paragraph 28, in sub-paragraph (2), for “A member of the Competition

Commission” substitute “An authorised member of the Competition and

Markets Authority”.

     (29)  

In paragraph 30—

(a)   

in sub-paragraphs (1) to (4), for “the Competition Commission” (in

40

each place where it occurs) substitute “the Competition and Markets

Authority”,

(b)   

after sub-paragraph (4), insert—

   “(4A)  

For the purposes of sub-paragraphs (1) to (4), the consent

of the Competition and Markets Authority is to be given by

45

an authorised member of the Competition and Markets

Authority.”, and

 
 

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

189

 

(c)   

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

“Competition and Markets Authority”.

     (30)  

In paragraph 31, in sub-paragraphs (1), (5) and (6), for “Competition

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

     (31)  

In paragraph 32—

5

(a)   

in sub-paragraph (1)—

(i)   

for “Competition Commission” substitute “Competition and

Markets Authority”, and

(ii)   

for “the Commission” substitute “the Competition and

Markets Authority”,

10

(b)   

in sub-paragraph (2)—

(i)   

for “Competition Commission” substitute “Competition and

Markets Authority”, and

(ii)   

for “the Commission” substitute “the Competition and

Markets Authority”, and

15

(c)   

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

each place where it occurs) substitute “group”.

     (32)  

In paragraph 34—

(a)   

for “Competition Commission” substitute “Competition and

Markets Authority or a member of the Competition and Markets

20

Authority”, and

(b)   

“it must publish or send it” substitute “it must be published or sent”.

     (33)  

In paragraph 35, in sub-paragraph (1)—

(a)   

for the definition of “authorised member of the Competition

Commission” substitute—

25

““authorised member of the Competition and Markets

Authority—

(a)   

in relation to a power exercisable in

connection with an appeal or application or

direction in respect of which a group has been

30

constituted by the chair of the Competition

and Markets Authority under Schedule 4 to

the Enterprise and Regulatory Reform Act

2013, means a member of that group who has

been authorised by the chair of the

35

Competition and Markets Authority to

exercise that power;

(b)   

in relation to a power exercisable in

connection with an application for permission

to bring an appeal, or otherwise in connection

40

with an appeal or application or direction in

respect of which a group has not been so

constituted by the chair of the Competition

and Markets Authority, means—

(i)   

any member of the CMA Board who is

45

also a member of the CMA panel, or

(ii)   

any member of the CMA panel

authorised by the Secretary of State

(whether generally or specifically) to

exercise the power in question;”,

50

 
 

Enterprise and Regulatory Reform Bill
Schedule 6 — Regulatory appeals etc: minor and consequential amendments
Part 2 — Amendments to other enactments

190

 

(b)   

omit the definition of “Chairman”,

(c)   

omit the definition of “a group”, and

(d)   

before the definition of “intervener” insert—

““CMA Board” and “CMA panel” have the same

meaning as in Schedule 4 to the Enterprise and

5

Regulatory Reform Act 2013;”.

Part 2

Amendments to other enactments

Electricity (Northern Ireland) Order 1992 (SI 1992/231 (N.I. 1))

149        

The Electricity (Northern Ireland) Order 1992 is amended as follows.

10

150        

In article 2 (interpretation), in paragraph (2), before the definition of “the

Department” insert—

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

151   (1)  

Article 15 (modification references) is amended as follows.

      (2)  

In paragraph (1)—

15

(a)   

for “Competition Commission” substitute “CMA”, and

(b)   

for “the Commission” substitute “the CMA”.

      (3)  

In paragraph (2)—

(a)   

for “Competition Commission” substitute “CMA”, and

(b)   

for “the Commission” substitute “the CMA”.

20

      (4)  

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

      (5)  

In paragraph (5)—

(a)   

for “Competition Commission” substitute “CMA”, and

(b)   

for “the Commission” substitute “the CMA”.

      (6)  

In paragraph (6)—

25

(a)   

for “Competition Commission” substitute “CMA”, and

(b)   

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

CMA”.

      (7)  

In paragraph (7), for “Competition Commission” substitute “CMA”.

      (8)  

After paragraph (7) insert—

30

“(7A)   

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

article 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

35

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

Enterprise Act 2002, as applied by Articles 15B and 17A).”

      (9)  

In paragraph (9), for the words from “members” to the end substitute

“persons to membership of the CMA for the purpose of being available for

selection as members of a group constituted to carry out functions on behalf

40

of the CMA with respect to a reference under this Article”.

 
 

Enterprise and Regulatory Reform Bill
Schedule 6 — Regulatory appeals etc: minor and consequential amendments
Part 2 — Amendments to other enactments

191

 

     (10)  

In paragraph (9A), for “selecting” substitute “constituting”.

     (11)  

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

152        

In article 15A (references under article 15: time limits), in paragraphs (2) and

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

“CMA”.

5

153   (1)  

Article 16 (reports on modification references) is amended as follows.

      (2)  

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

      (3)  

In paragraph (1A)—

(a)   

for “Competition Commission” substitute “CMA”, and

(b)   

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

10

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

CMA with respect to the reference”.

      (4)  

In paragraphs (1B), (3) to (3C) and (4), for “Competition Commission” (in

each place where it occurs) substitute “CMA”.

154        

In article 17 (modification following report), in paragraphs (1) and (5), for

15

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

“CMA”.

155   (1)  

Article 17A (power to veto modifications following report) is amended as

follows.

      (2)  

In paragraph (1), for the words from the beginning to “Commission”)”

20

substitute “The CMA”.

      (3)  

In paragraphs (2) to (8), (10) to (12), (14) and (16), for “Commission” (in each

place where it occurs) substitute “CMA”.

      (4)  

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

156        

In article 18 (modification by order under other statutory provisions), in

25

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

substitute “CMA”.

157   (1)  

Article 53 (annual and other reports) is amended as follows.

      (2)  

In paragraph (1)(a)(ii), for “Competition Commission” substitute “CMA’s”.

      (3)  

Omit paragraph (6).

30

Gas (Northern Ireland) Order 1996 (SI 1996/275 (N.I.2))

158        

The Gas (Northern Ireland) Order 1996 is amended as follows.

159        

In article 2 (interpretation), in paragraph (2), before the definition of

“construction” insert—

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

35

160   (1)  

Article 15 (modification references) is amended as follows.

      (2)  

In paragraph (1)—

(a)   

for “Competition Commission” substitute “CMA”, and

(b)   

for “the Commission” substitute “the CMA”.

      (3)  

In paragraph (2)—

40

 
 

Enterprise and Regulatory Reform Bill
Schedule 6 — Regulatory appeals etc: minor and consequential amendments
Part 2 — Amendments to other enactments

192

 

(a)   

for “Competition Commission” substitute “CMA”, and

(b)   

for “the Commission” substitute “the CMA”.

      (4)  

In paragraph (3)—

(a)   

for “Competition Commission” substitute “CMA”, and

(b)   

for “the Commission” substitute “the CMA”.

5

      (5)  

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

      (6)  

In paragraph (6)—

(a)   

for “Competition Commission” substitute “CMA”, and

(b)   

for “the Commission” substitute “the CMA”.

      (7)  

In paragraph (7)—

10

(a)   

for “Competition Commission” substitute “CMA”, and

(b)   

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

CMA”.

      (8)  

In paragraph (8), for “Competition Commission” substitute “CMA”.

      (9)  

After paragraph (8) insert—

15

“(8A)   

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

article 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

20

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

Enterprise Act 2002, as applied by Articles 15B and 17A).”

     (10)  

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

Markets Authority”.

161        

In article 15A (references under article 15: time limits), in paragraphs (2) and

25

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

“CMA”.

162   (1)  

Article 16 (reports on modification references) is amended as follows.

      (2)  

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

      (3)  

In paragraph (1A)—

30

(a)   

for “Competition Commission” substitute “CMA”, and

(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 ”.

      (4)  

In paragraphs (1B), (3) to (3C) and (4), for “Competition Commission” (in

35

each place where it occurs) substitute “CMA”.

163        

In article 17 (modification following report), in paragraphs (1) and (5A), for

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

“CMA”.

164   (1)  

Article 17A (power to veto modifications following report) is amended as

40

follows.

      (2)  

In paragraph (1), for the words from the beginning to “Commission”)”

substitute “The CMA”.

 
 

Enterprise and Regulatory Reform Bill
Schedule 6 — Regulatory appeals etc: minor and consequential amendments
Part 2 — Amendments to other enactments

193

 

      (3)  

In paragraphs (2) to (10), (13) to (15), (17) and (19), for “Commission” (in each

place where it occurs) substitute “CMA”.

      (4)  

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

165        

In article 18 (modification by order under other statutory provisions), in

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

5

substitute “CMA”.

166   (1)  

Article 32 (annual and other reports) is amended as follows.

      (2)  

In paragraph (1)(a)(ii), for “Monopolies Commission’s” substitute “CMA’s”.

      (3)  

Omit paragraph (6).

Energy (Northern Ireland) Order 2003 (SI 2003/419 (N.I. 6))

10

167        

The Energy (Northern Ireland) Order 2003 is amended as follows.

168   (1)  

Article 6 (annual and other reports of the Authority) is amended as follows.

      (2)  

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

and Markets Authority”.

      (3)  

Omit paragraph (10).

15

169        

In article 38 (modification of licences), in paragraphs (1) and (2), for “, the

Office of Fair Trading or the Competition Commission” (in each place where

those words occur) substitute “or the Competition and Markets Authority”.

170   (1)  

Schedule 2 (orders altering licensable activities) is amended as follows.

      (2)  

In paragraph 1, after sub-paragraph (3), insert—

20

    “(4)  

In this Schedule, “the CMA” means the Competition and Markets

Authority.”

      (3)  

In paragraph 2—

(a)   

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

“CMA”, and

25

(b)   

in sub-paragraphs (5) and (6), for “Commission” (in each place where

it occurs) substitute “CMA”.

      (4)  

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

Commission” substitute “CMA”.

      (5)  

In paragraph 3—

30

(a)   

in sub-paragraph (1)—

(i)   

for “Competition Commission” substitute “CMA”, and

(ii)   

for “the Commission” substitute “the CMA”,

(b)   

in sub-paragraphs (2), (3), (5) and (6), for “Commission” (in each

place where it occurs) substitute “CMA”, and

35

(c)   

after sub-paragraph (6), insert—

    “(7)  

The functions of the CMA with respect to a reference under

this paragraph (including functions under sections 109 to

115 of the Enterprise Act 2002, as applied by paragraph 5)

are to be carried out on behalf of the CMA by a group

40

constituted for the purpose by the chair of the CMA under

 
 

Enterprise and Regulatory Reform Bill
Schedule 6 — Regulatory appeals etc: minor and consequential amendments
Part 2 — Amendments to other enactments

194

 

Schedule 4 to the Enterprise and Regulatory Reform Act

2013.”

      (6)  

In paragraph 4—

(a)   

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

“CMA”, and

5

(b)   

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

      (7)  

In paragraph 5, in sub-paragraph (4)—

(a)   

for “Competition Commission” substitute “CMA”, and

(b)   

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

“, OFCOM or the Secretary of State” there were substituted “or

10

OFCOM”.

      (8)  

In paragraph 6—

(a)   

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

“CMA”,

(b)   

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

15

it occurs) substitute “CMA”,

(c)   

in sub-paragraph (4)—

(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

20

functions of the CMA with respect to the reference”, and

(d)   

in sub-paragraphs (5) to (9) and (11), for “Commission” (in each place

where it occurs) substitute “CMA”.

Water Services etc (Scotland) Act 2005 (Consequential Provisions and Modifications) Order

2005 (SI 2005/3172)

25

171        

The Water Services etc (Scotland) Act 2005 (Consequential Provisions and

Modifications) Order 2005 is amended as follows.

172        

In article 2 (interpretation), in paragraph (1), for the definition of “the

Commission” substitute—

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

30

173   (1)  

Article 3 (references) is amended as follows.

      (2)  

In paragraphs (1), (5) to (9), and (11) and (12), for “Commission” substitute

“CMA”.

      (3)  

After paragraph (12) insert—

“(13)   

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

35

article 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

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

40

Enterprise Act 2002, as applied by articles 5 and 10).”

      (4)  

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

174        

In article 4 (references: time limits), in paragraphs (2) and (3), for

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

 
 

 
previous section contents continue
 

© Parliamentary copyright
Revised 19 March 2013