1U.K.In this Schedule—
“the 1973 Act” means the M1Fair Trading Act 1973;
F1...
“Chairman” means the chairman of the Commission;
“the Commission” means the Competition Commission;
“Council” has the meaning given in paragraph 5;
“general functions” means any functions of the Commission other than functions—
F2...
which are to be discharged by the Council;
“member” means a member of the Commission;
“newspaper merger reference” means a newspaper merger reference under section 59 of the 1973 Act;
[F3“newspaper panel member” means a member of the panel maintained under paragraph 22;]
F1...
“reporting panel member” means a member appointed under paragraph 2(1)(b);
“secretary” means the secretary of the Commission appointed under paragraph 9; and
“specialist panel member” means a member appointed under any of the provisions mentioned in paragraph 2(1)(d).
Textual Amendments
F1Words in Sch. 7 para. 1 repealed (1.4.2003) by virtue of Enterprise Act 2002 (c. 40), s. 279, Sch. 5 para. 7(2)(a), Sch. 26; S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F2Words in Sch. 7 para. 1 repealed (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 5 para. 7(2)(b), Sch. 26; S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F3Words in Sch. 7 para. 1 inserted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 11 para. 2; S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
Marginal Citations
2(1)The Commission is to consist of—U.K.
F4(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)members appointed by the Secretary of State to form a panel for the purposes of the Commission’s general functions;
(c)[F5members appointed (in accordance with paragraph 15(5)) from] [F5the members of] the panel maintained under paragraph 22;
(d)members appointed by the Secretary of State under or by virtue of—
(i)section 12(4) or 14(8) of the M2Water Industry Act 1991;
[F6(ii)section 104 of the Utilities Act 2000; .]
(iii)section 13(10) of the M3Telecommunications Act 1984;
(iv)Article 15(9) of the M4Electricity (Northern Ireland) Order 1992.
[F7(e)one or more members appointed by the Secretary of State to serve on the Council.]
(2)A person who is appointed as a member of a kind mentioned in one of paragraphs [F8(a)] [F8(aa)] to (c) of sub-paragraph (3) may also be appointed as a member of either or both of the other kinds mentioned in those paragraphs.
(3)The kinds of member are—
F9(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F10(aa)a newspaper panel member;]
(b)a reporting panel member;
(c)a specialist panel member.
F11(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)The validity of the Commission’s proceedings is not affected by a defect in the appointment of a member.
Textual Amendments
F4Sch. 7 para. 2(1)(a) repealed (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 5 para. 7(3), Sch. 26; S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F5Words in Sch. 7 para. 2(1)(c) substituted (1.4.2003 for specified purposes) by Enterprise Act 2002 (c. 40), s. 279, Sch. 11 para. 3(a); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F6Sch. 7 para. 2(1)(d)(ii) substituted (16.5.2001) by 2000 c. 27, s. 104(3) (with s. 104(6)); S.I. 2001/1781, art. 2, Sch. (subject to transitional provisions in arts. 3-10)
F7Sch. 7 para. 2(1)(e) inserted (1.4.2003 for specified purposes) by Enterprise Act 2002 (c. 40), s. 279, Sch. 11 para. 3(b); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F8Word in Sch. 7 para. 2(2) substituted (1.4.2003 for specified purposes) by Enterprise Act 2002 (c. 40), s. 279, Sch. 11 para. 3(d); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F9Sch. 7 para. 2(3)(a) repealed (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 5 para. 7(3), Sch. 26; S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F10Sch. 7 para. 2(3)(aa) inserted (1.4.2003 for specified purposes) by Enterprise Act 2002 (c. 40), s. 279, Sch. 11 para. 3(e); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F11Sch. 7 para. 2(4) repealed (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 5 para. 7(3), Sch. 26; S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
Modifications etc. (not altering text)
C1Sch. 7 para. 2: functions of the Lord Advocate transferred to the Secretary of State, and all property, rights and liabilities to which the Lord Advocate is entitled or subject in connection with any such function transferred to the Secretary of State for Scotland (19.5.1999) by S.I. 1999/678, arts. 2, 3, Sch. (with art. 7)
C2Sch. 7 para. 2(4) modified (30.6.1999) by S.I. 1999/1748, art. 3, Sch. 1 para. 21
Sch. 7 para. 2(4): transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7)
Marginal Citations
3(1)The Commission is to have a chairman appointed by the Secretary of State from among the reporting panel members.U.K.
(2)The Secretary of State may appoint one or more of the reporting panel members to act as deputy chairman.
(3)The Chairman, and any deputy chairman, may resign that office at any time by notice in writing addressed to the Secretary of State.
(4)If the Chairman (or a deputy chairman) ceases to be a member he also ceases to be Chairman (or a deputy chairman).
(5)If the Chairman is absent or otherwise unable to act, or there is no chairman, any of his functions may be performed—
(a)if there is one deputy chairman, by him;
(b)if there is more than one—
(i)by the deputy chairman designated by the Secretary of State; or
(ii)if no such designation has been made, by the deputy chairman designated by the deputy chairmen;
(c)if there is no deputy chairman able to act—
(i)by the member designated by the Secretary of State; or
(ii)if no such designation has been made, by the member designated by the Commission.
F124U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F12Sch. 7 para. 4 repealed (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 5 para. 7(4), Sch. 26; S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
Modifications etc. (not altering text)
C3Sch. 7 para. 4: functions of the Lord Advocate transferred to the Secretary of State, and all property, rights and liabilities to which the Lord Advocate is entitled or subject in connection with any such function transferred to the Secretary of State for Scotland (19.5.1999) by S.I. 1999/678, art. 2, 3, Sch. (with art. 7)
5(1)The Commission is to have a [F13management] board to be known as the Competition Commission Council (but referred to in this Schedule as “the Council”).U.K.
(2)The Council is to consist of—
(a)the Chairman [F14and any deputy chairmen of the Commission];
F15(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F16(bb)the member or members appointed under paragraph 2(1)(e);]
(c)such other members as the Secretary of State may appoint; and
(d)the secretary.
(3)In exercising its functions under paragraphs 3 and 7 to 12 [F17and paragraph 5 of Schedule 8], the Commission is to act through the Council.
(4)The Council may determine its own procedure including, in particular, its quorum.
(5)The Chairman (and any person acting as Chairman) is to have a casting vote on any question being decided by the Council.
Textual Amendments
F13Word in Sch. 7 para. 5(1) repealed (1.4.2003 for specified purposes) by Enterprise Act 2002 (c. 40), s. 279, Sch. 11 para. 4(a), Sch. 26; S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F14Words in Sch. 7 para. 5(2)(a) inserted (1.4.2003 for specified purposes) by Enterprise Act 2002 (c. 40), s. 279, Sch. 11 para. 4(b); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F15Sch. 7 para. 5(2)(b) repealed (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 5 para. 7(5)(a), Sch. 26; S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F16Sch. 7 para. 5(2)(bb) inserted (1.4.2003 for specified purposes) by Enterprise Act 2002 (c. 40), s. 279, Sch. 11 para. 4(c); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F17Words in Sch. 7 para. 5(3) repealed (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 5 para. 7(5)(b), Sch. 26; S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
6(1)Subject to the provisions of this Schedule, each member is to hold and vacate office in accordance with the terms of his appointment.U.K.
(2)A person is not to be appointed as a member for more than [F18five years at a time] [F18eight years (but this does not prevent a re-appointment for the purpose only of continuing to act as a member of a group selected under paragraph 15 before the end of his term of office)].
(3)Any member may at any time resign by notice in writing addressed to the Secretary of State.
(4)The Secretary of State may remove a member on the ground of incapacity or misbehaviour.
F19(5)No person is to be prevented from being appointed as a member merely because he has previously been a member.
Textual Amendments
F18Words in Sch. 7 para. 6(2) substituted (1.4.2003 for specified purposes) by Enterprise Act 2002 (c. 40), s. 279, Sch. 11 para. 5(a); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F19Sch. 7 para. 6(5) repealed (1.4.2003 for specified purposes) by Enterprise Act 2002 (c. 40), s. 279, Sch. 11 para. 5(b), Sch. 26; S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
7(1)The Secretary of State shall pay to the Commission such sums as he considers appropriate to enable it to perform its functions.U.K.
(2)The Commission may pay, or make provision for paying, to or in respect of each member such salaries or other remuneration and such pensions, allowances, fees, expenses or gratuities as the Secretary of State may determine.
(3)If a person ceases to be a member otherwise than on the expiry of his term of office and it appears to the Secretary of State that there are special circumstances which make it right for him to receive compensation, the Commission may make a payment to him of such amount as the Secretary of State may determine.
F20(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F20Sch. 7 para. 7(4) repealed (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 11 para. 6, Sch. 26; S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
[F217AU.K.The Commission may publish advice and information in relation to any matter connected with the exercise of its functions.]
Textual Amendments
F21Sch. 7 para. 7A inserted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 11 para. 7; S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
8U.K.Subject to the provisions of this Schedule, the Commission has power to do anything (except borrow money)—
(a)calculated to facilitate the discharge of its functions; or
(b)incidental or conducive to the discharge of its functions.
9(1)The Commission is to have a secretary, appointed by the Secretary of State on such terms and conditions of service as he considers appropriate.U.K.
(2)The approval of the Treasury is required as to those terms and conditions.
(3)Before appointing a person to be secretary, the Secretary of State must consult the Chairman F22... .
(4)Subject to obtaining the approval of [F23the Secretary of State as to numbers and terms and conditions of service] the Commission may appoint such staff as it thinks appropriate.
Textual Amendments
F22Words in Sch. 7 para. 9(3) repealed (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 11 para. 8(a), Sch. 26; S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F23Words in Sch. 7 para. 9(4) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 11 para. 8(b); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
10U.K.Subject to any provision made by or under this Act, the Commission may regulate its own procedure.
11(1)The application of the seal of the Commission must be authenticated by the signature of the secretary or of some other person authorised for the purpose.U.K.
(2)Sub-paragraph (1) does not apply in relation to any document which is or is to be signed in accordance with the law of Scotland.
(3)A document purporting to be duly executed under the seal of the Commission—
(a)is to be received in evidence; and
(b)is to be taken to have been so executed unless the contrary is proved.
12(1)The Commission must—U.K.
(a)keep proper accounts and proper records in relation to its accounts;
(b)prepare a statement of accounts in respect of each of its financial years; and
(c)send copies of the statement to the Secretary of State and to the Comptroller and Auditor General before the end of the month of August next following the financial year to which the statement relates.
(2)The statement of accounts must comply with any directions given by the Secretary of State with the approval of the Treasury as to—
(a)the information to be contained in it,
(b)the manner in which the information contained in it is to be presented, or
(c)the methods and principles according to which the statement is to be prepared,
and must contain such additional information as the Secretary of State may with the approval of the Treasury require to be provided for informing Parliament.
(3)The Comptroller and Auditor General must—
(a)examine, certify and report on each statement received by him as a result of this paragraph; and
(b)lay copies of each statement and of his report before each House of Parliament.
(4)In this paragraph “financial year” means the period beginning with the date on which the Commission is established and ending with March 31st next, and each successive period of twelve months.
Textual Amendments
F24Sch. 7 para. 12A and cross-heading inserted (1.4.2003) by Enterprise Act 2002 (c. 40), ss. 186, 279; S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
12A(1)The Commission shall make to the Secretary of State a report for each financial year on its activities during the year.U.K.
(2)The annual report must be made before the end of August next following the financial year to which it relates.
(3)The Secretary of State shall lay a copy of the annual report before Parliament and arrange for the report to be published.]
Modifications etc. (not altering text)
C4Sch. 7 para. 12A excluded (N.I.) (1.4.2003) by The Energy (Northern Ireland) Order 2003 (S.I. 2003/419), arts. 1(2), 6(10); S.R. 2003/203, art. 2, Sch.
13(1)The Commission is not to be regarded as the servant or agent of the Crown or as enjoying any status, privilege or immunity of the Crown.U.K.
(2)The Commission’s property is not to be regarded as property of, or held on behalf of, the Crown.]