Enterprise and Regulatory Reform Act 2013

PART 2 U.K. The CMA Board

Membership U.K.

27 U.K. The CMA Board is to consist of—

(a) the chair;

(b) the members appointed under paragraph 1(1)(b) to membership of the CMA Board.

Commencement Information

I1 Sch. 4 para. 27 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

Functions U.K.

28 U.K. Except where otherwise provided by or under any enactment, the functions of the CMA are exercisable by the CMA Board on behalf of the CMA.

Commencement Information

I2 Sch. 4 para. 28 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

Delegation U.K.

29 (1) Anything that the CMA Board is required or permitted to do (including conferring authorisation under this sub-paragraph) may be done by— U.K.

(a) a member of the CMA Board, or a member of staff of the CMA, who has been authorised for that purpose by the CMA Board, whether generally or specifically;

(b) a committee or sub-committee of the CMA Board that has been so authorised.

(2) Sub-paragraph (1) does not apply to the functions of deciding—

(a) whether the duty to publish a market study notice under section 130A of the Enterprise Act 2002 applies;

(b) whether to propose to make, or to make, a reference under section 131 of that Act;

(c) for the purposes of the requirement imposed by section 131A(2)(b) of that Act, whether the CMA is proposing to make a decision as to whether to make a reference under section 131 of that Act in a way that is likely to have a substantial impact on the interests of any person;

(d) whether section 140A of that Act applies in respect of a particular case;

(e) whether to accept an undertaking under section 154 of that Act, or to vary or supersede or release an undertaking under that section;

(f) for the purposes of the requirement imposed by section 169(2) of that Act, whether the CMA is proposing to make a decision to make a reference under section 131 of that Act in a way that is likely to have a substantial impact on the interests of any person.

[F1 (g) whether to begin an initial SMS investigation under section 9 of the Digital Markets, Competition and Consumers Act 2024 (“the 2024 Act”);

(h) whether to begin a further SMS investigation under section 10 of the 2024 Act;

(i) whether to begin a PCI investigation under section 47 of the 2024 Act.]

[F2 (2A) Sub-paragraph (1)(a) does not apply to the functions of deciding—

(a) whether to make a designation under section 2 of the 2024 Act;

(b) what, if any, provision to make in reliance on section 17 of the 2024 Act;

(c) whether to impose a conduct requirement under section 19 of the 2024 Act;

(d) whether to revoke a conduct requirement under section 22 of the 2024 Act;

(e) whether to make, and the form of, an enforcement order, other than an interim enforcement order, under section 31 of the 2024 Act;

(f) whether to accept a commitment under section 36 or section 56 of the 2024 Act;

(g) whether to exercise the power conferred by section 38(1) of the 2024 Act (power to adopt final offer mechanism);

(h) whether to make, and the form of, a pro-competition intervention under section 46 of the 2024 Act;

(i) the contents of a notice under section 50 of the 2024 Act (notice of decision on pro-competition intervention);

(j) whether to replace a pro-competition order under section 52 of the 2024 Act;

(k) whether to revoke a pro-competition order under section 53 of the 2024 Act.

(l) whether to impose a penalty on a person under section 85 or section 87 of the 2024 Act;

(m) the amount of any such penalty.

(2B) A committee or sub-committee of the CMA Board may not be authorised to carry out any of the functions listed in sub-paragraph (2A) unless—

(a) the committee or sub-committee includes—

(i) at least two members of the Board who are not members of the CMA’s staff, or

(ii) the chair and at least one member of the Board who is not a member of the CMA’s staff, and

(b) at least half of the members of the committee or sub-committee are—

(i) members of the Board who are not members of the CMA’s staff, or

(ii) members of the CMA panel.]

(3) Sub-paragraph (1)(b) does not apply to a committee or sub-committee whose members include any person who is not a member of the CMA or of its staff.

[F3 (4) The Secretary of State may by regulations made by statutory instrument amend sub-paragraphs (2) or (2A) so as to add or remove functions of the CMA under Part 1 of the 2024 Act.

(5) The regulations may make incidental, transitional or saving provision.

(6) A statutory instrument containing regulations under sub-paragraph (4) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.]

Textual Amendments

F1 Sch. 4 para. 29(2)(g)-(i) inserted (24.5.2024 for specified purposes) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 106(7), 339(2)(c)

F2 Sch. 4 para. 29(2A)(2B) inserted (24.5.2024 for specified purposes) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 106(8), 339(2)(c)

F3 Sch. 4 para. 29(4)-(6) inserted (24.5.2024 for specified purposes) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 106(9), 339(2)(c)

Commencement Information

I3 Sch. 4 para. 29(1) in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

I4 Sch. 4 para. 29(2)(3) in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(c) (with Sch.)

30 U.K. Paragraph 29(1) is subject to provision in rules made under section 51 of the Competition Act 1998, by virtue of paragraph 1A of Schedule 9 to that Act, in respect of the exercise of a function of the CMA under Part 1 of that Act.

Commencement Information

I5 Sch. 4 para. 30 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(c) (with Sch.)

Proceedings U.K.

31 (1) The CMA Board may regulate its own proceedings. U.K.

(2) The CMA Board must consult the Secretary of State before making or revising rules and procedures, under sub-paragraph (1), for dealing with—

(a) conflicts of interest, or

(b) quorum.

Commencement Information

I6 Sch. 4 para. 31 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

Validity U.K.

32 U.K. The validity of anything done by the CMA Board is not affected by—

(a) a vacancy;

(b) a defective appointment.

Commencement Information

I7 Sch. 4 para. 32 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

Reference of matter to the chair U.K.

33 (1) This paragraph applies where the CMA Board is to consider whether a matter should be referred to the chair for the constitution of a group under this Schedule. U.K.

(2) Before the CMA Board considers whether to refer the matter to the chair, the chair must determine whether a person who is a member of the CMA Board might reasonably be expected to be a member of a group constituted in connection with the matter.

(3) If the chair determines that a person who is a member of the CMA Board might reasonably be expected to be a member of such a group, that person is not to participate in the CMA Board's consideration of whether to refer the matter to the chair.

Modifications etc. (not altering text)

C1 Sch. 4 para. 33 excluded (4.1.2023) by Subsidy Control Act 2022 (c. 23), ss. 69(5), 91(2) (with ss. 78(2), 85); S.I. 2022/1359, reg. 2

Commencement Information

I8 Sch. 4 para. 33 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(c) (with Sch.)