|
| |
|
(3) | Paragraph 17 (publication etc. of other information) is amended as follows. |
| |
(4) | In sub-paragraph (1)— |
| |
(a) | in the words before paragraph (a), after “publish” insert “or otherwise |
| |
| |
(b) | after paragraph (c) insert— |
| 5 |
“(d) | information in relation to prices of the goods or |
| |
| |
(e) | such other information in relation to the goods or |
| |
services supplied as the relevant authority considers |
| |
| 10 |
(5) | After sub-paragraph (1) insert— |
| |
“(1A) | An order may prohibit the publication or other notification of |
| |
information falling within sub-paragraph (1)(a) to (e) by a person |
| |
supplying goods or services.” |
| |
(6) | In paragraph 18 (supplementary provision about orders under paragraphs 15 |
| 15 |
| |
| |
51 | Powers of sectoral regulators |
| |
(1) | Section 54 of the 1998 Act (concurrent powers for regulators) is amended as |
| |
| 20 |
| |
(a) | after “may” insert “— |
| |
(a) | prescribe circumstances in which the CMA may decide |
| |
that, in a particular case, it is to exercise Part 1 functions |
| |
in respect of the case rather than a regulator; |
| 25 |
| |
(b) | after “Secretary of State” insert “, the CMA”. |
| |
(3) | After subsection (6) insert— |
| |
“(6A) | Where the regulations make provision as mentioned in subsection |
| |
| 30 |
(a) | include provision requiring the CMA to consult the regulator |
| |
concerned before making a decision that the CMA is to exercise |
| |
Part 1 functions in respect of a particular case, and |
| |
(b) | provide that, in a case where a regulator has given notice under |
| |
section 31(1) that it proposes to make a decision (within the |
| 35 |
meaning given by section 31(2)), the CMA may only decide that |
| |
it is to exercise Part 1 functions in respect of the case rather than |
| |
the regulator if the regulator consents.” |
| |
(4) | After subsection (6A) insert— |
| |
“(6B) | The Secretary of State may by regulations make provision requiring |
| 40 |
arrangements to be made for the sharing of information between |
| |
competent persons in connection with concurrent cases. |
| |
|
| |
|
| |
|
(6C) | For the purposes of subsection (6B), “a concurrent case” is a case in |
| |
| |
(a) | the CMA considers that Part 1 functions are, or (but for |
| |
provision made under subsection (5)(e)) would be, exercisable |
| |
by both it and any regulator; |
| 5 |
(b) | any regulator considers that Part 1 functions are, or (but for |
| |
provision made under subsection (5)(e)) would be, exercisable |
| |
| |
(5) | Schedule 14 (which makes provision governing the relationship between the |
| |
powers of regulators under the 1998 Act and those under sector-specific |
| 10 |
| |
52 | Power to remove concurrent competition functions of sectoral regulators |
| |
(1) | The Secretary of State may make a sectoral regulator order if the Secretary of |
| |
State considers that it is appropriate to do so for the purpose of promoting |
| |
competition, within any market or markets in the United Kingdom, for the |
| 15 |
| |
(2) | A sectoral regulator order is an order that amends one or more enactments so |
| |
as to remove from a sectoral regulator either or both of the following— |
| |
(a) | all the functions of the regulator under Part 1 of the 1998 Act that are |
| |
exercisable concurrently by the regulator and the Competition and |
| 20 |
Markets Authority (“the CMA”) or that would be so exercisable but for |
| |
provision made by virtue of section 54(5)(e) of that Act; |
| |
(b) | all the functions of the regulator under Part 4 of the 2002 Act that are |
| |
exercisable concurrently by the regulator and the CMA. |
| |
(3) | A sectoral regulator order may make such other amendments of any enactment |
| 25 |
as the Secretary of State considers appropriate in consequence of the removal |
| |
| |
(4) | Each of the following is a sectoral regulator— |
| |
(a) | the Office of Communications; |
| |
(b) | the Gas and Electricity Markets Authority; |
| 30 |
(c) | the Water Services Regulation Authority; |
| |
(d) | the Office of Rail Regulation; |
| |
(e) | the Northern Ireland Authority for Utility Regulation; |
| |
(f) | the Civil Aviation Authority. |
| |
(5) | A sectoral regulator order may include transitional, transitory or saving |
| 35 |
| |
(6) | A statutory instrument containing a sectoral regulator order is not to be made |
| |
unless a draft of the instrument has been laid before, and approved by a |
| |
resolution of, each House of Parliament. |
| |
| 40 |
“amend” includes repeal or revoke; |
| |
| |
(a) | an enactment contained in subordinate legislation (within the |
| |
meaning of the Interpretation Act 1978), |
| |
(b) | an enactment contained in, or in an instrument made under, an |
| 45 |
Act of the Scottish Parliament, |
| |
|
| |
|
| |
|
(c) | an enactment contained in, or in an instrument made under, a |
| |
Measure or Act of the National Assembly for Wales, and |
| |
(d) | an enactment contained in, or in an instrument made under, |
| |
Northern Ireland legislation. |
| |
(8) | The references to the CMA in subsection (2) are to be read, in relation to any |
| 5 |
time before the commencement of section 25(3), as references to the Office of |
| |
| |
53 | Orders under section 52: procedural requirements |
| |
(1) | If the Secretary of State proposes to make a sectoral regulator order, the |
| |
Secretary of State must carry out the first stage consultation. |
| 10 |
(2) | The first stage consultation is consultation with— |
| |
(a) | the regulator whose functions would be removed by the order, |
| |
(b) | the Competition and Markets Authority, |
| |
(c) | where the regulator is the Office of Rail Regulation, the Scottish |
| |
| 15 |
(d) | where the regulator is the Northern Ireland Authority for Utility |
| |
Regulation, the Department of Enterprise, Trade and Investment in |
| |
Northern Ireland and the Department for Regional Development in |
| |
| |
(e) | where the regulator is the Water Services Regulation Authority, the |
| 20 |
| |
(3) | If (following the first stage consultation) the Secretary of State still proposes to |
| |
make a sectoral regulator order, the Secretary of State must carry out the |
| |
second stage consultation. |
| |
(4) | The second stage consultation is consultation with— |
| 25 |
(a) | the persons consulted at the first stage, |
| |
(b) | any bodies who appear to the Secretary of State to represent the |
| |
interests of persons in respect of whom the functions that would be |
| |
removed by the order are exercisable (“regulated providers”), |
| |
(c) | any bodies who appear to the Secretary of State to represent the |
| 30 |
interests of persons who use the services supplied by regulated |
| |
| |
(d) | such other persons as the Secretary of State considers appropriate. |
| |
(5) | The Secretary of State must give the following information to each of the |
| |
persons consulted as part of the first stage or second stage consultation— |
| 35 |
(a) | an explanation as to whether the Secretary of State is proposing to |
| |
remove the functions of the regulator mentioned in subsection (2)(a) of |
| |
section 52, the functions of the regulator mentioned in subsection (2)(b) |
| |
of that section or both sets of functions; |
| |
(b) | the reasons why the Secretary of State considers it appropriate to make |
| 40 |
| |
(6) | The reference to the Competition and Markets Authority in subsection (2) is to |
| |
be read, in relation to any time before the commencement of section 25(3), as a |
| |
reference to the Office of Fair Trading. |
| |
(7) | In this section, “sectoral regulator order” has the same meaning as in section 52. |
| 45 |
|
| |
|
| |
|
| |
54 | Recovery of CMA’s costs in respect of price control references |
| |
After section 193 of the Communications Act 2003 (reference of price control |
| |
| |
“193A | Recovery of CMA’s costs in respect of price control references |
| 5 |
(1) | Where a determination is made on a price control matter referred by |
| |
virtue of section 193, the CMA may make an order in respect of the |
| |
costs incurred by it in connection with the reference (a “costs order”). |
| |
(2) | A costs order may require the payment to the CMA of some or all of |
| |
those costs by such parties to the appeal which gave rise to the |
| 10 |
reference, other than OFCOM, as the CMA considers appropriate. |
| |
| |
(a) | set out the total costs incurred by the CMA in connection with |
| |
| |
(b) | specify the proportion of those costs to be paid by each party to |
| 15 |
the appeal in respect of whom the order is made. |
| |
(4) | In deciding on the proportion of costs to be paid by a party to the appeal |
| |
the CMA must, in particular, consider— |
| |
(a) | the extent to which the determination on the reference upholds |
| |
OFCOM’s decision in relation to the price control matter in |
| 20 |
| |
(b) | the extent to which the costs were attributable to the |
| |
involvement in the appeal of the party, and |
| |
(c) | the conduct of the party. |
| |
| 25 |
(a) | must be made as soon as reasonably practicable after the |
| |
making of the determination on the reference, but |
| |
(b) | does not take effect unless the Tribunal, in deciding the appeal |
| |
which gave rise to the reference, decides the price control matter |
| |
which is the subject of the reference in accordance with the |
| 30 |
determination of the CMA (see section 193(6)). |
| |
(6) | In a case where the Tribunal decides the price control matter in |
| |
question otherwise than as mentioned in subsection (5)(b), the CMA |
| |
may make an order under this subsection in respect of the costs |
| |
incurred by it in connection with the reference. |
| 35 |
(7) | Subsections (2) to (4) apply in relation to an order under subsection (6) |
| |
as they apply in relation to an order under subsection (1); but for that |
| |
purpose the reference in subsection (4)(a) to the determination on the |
| |
reference is to be read as a reference to the decision of the Tribunal |
| |
mentioned in subsection (6). |
| 40 |
(8) | An order under subsection (6) must be made as soon as reasonably |
| |
practicable after the decision of the Tribunal mentioned in that |
| |
| |
|
| |
|
| |
|
(9) | An amount payable to the CMA by virtue of an order made under this |
| |
section is recoverable summarily as a civil debt (but this does not affect |
| |
any other method of recovery). |
| |
(10) | The CMA must pay any sums it receives by virtue of this section into |
| |
| 5 |
(11) | The functions of the CMA under this section, other than those under |
| |
subsections (9) and (10), are to be carried out on behalf of the CMA by |
| |
the group constituted by the chair of the CMA in relation to the |
| |
| |
55 | Disclosure etc. of information: offences |
| 10 |
In section 241 of the 2002 Act (disclosure of information for the purpose of |
| |
exercise of statutory functions), after subsection (2) insert— |
| |
“(2A) | Information disclosed under subsection (1) so that it is not made |
| |
available to the public must not be used by the person to whom it is |
| |
disclosed for any purpose other than that mentioned in subsection (1).” |
| 15 |
56 | Review of certain provisions of Chapters 1 and 2 |
| |
(1) | The Secretary of State must, before the end of each review period— |
| |
(a) | carry out a review of the provisions of this Part mentioned in |
| |
| |
(b) | prepare and publish a report setting out the conclusions of the review. |
| 20 |
(2) | The provisions of this Part are— |
| |
(a) | sections 29 and 36 and Schedule 11 (investigation powers: mergers and |
| |
| |
(b) | section 30 and Schedule 7 (interim measures and pre-emptive action: |
| |
| 25 |
(c) | sections 32 and 38 and Schedules 8 and 12 (time-limits etc: mergers and |
| |
| |
(3) | The report must in particular— |
| |
(a) | set out the objectives intended to be achieved by the provisions, |
| |
(b) | assess the extent to which those objectives have been achieved, and |
| 30 |
(c) | assess whether those objectives remain appropriate and, if so, the |
| |
extent to which they could be achieved in another way which imposed |
| |
| |
(4) | The Secretary of State must lay the report before Parliament. |
| |
(5) | Each of the following is a review period for the purposes of this section— |
| 35 |
(a) | the period of 5 years beginning with the first day on which any of the |
| |
provisions mentioned in subsection (2) comes into force (whether |
| |
| |
(b) | each successive period of 5 years. |
| |
57 | Minor and consequential amendments |
| 40 |
Schedule 15 (which makes minor and consequential amendments related to |
| |
| |
|
| |
|