Enterprise and Regulatory Reform Act 2013

PART 2 The CMA Board

Membership

27 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.

Functions

28 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.

Delegation

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

(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.

(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.

30 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.

Proceedings

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

(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.

Validity

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

(a) a vacancy;

(b) a defective appointment.

Reference of matter to the chair

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.

(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.