Section 327
Schedule 29Duty of expedition on sectoral regulators in respect of their competition functions
The Civil Aviation Authority (CAA)
1(1)The Civil Aviation Act 2012 is amended as follows.
(2)In section 61 (functions of the CAA under Part 4 of the Enterprise Act 2002: supplementary), after subsection (11) insert—
“(12)In making any decision, or otherwise taking action, for the purposes of any relevant 2002 Act functions, the CAA must have regard to the need for making a decision, or taking action, as soon as reasonably practicable.”
(3)In section 63 (functions of the CAA under the Competition Act 1998: supplementary), after subsection (3) insert—
“(3A)In making any decision, or otherwise taking action, for the purposes of any relevant 1998 Act functions that are functions within Schedule 4A to the Enterprise and Regulatory Reform Act 2013 by virtue of paragraph 5 of that Schedule, the CAA must have regard to the need for making a decision, or taking action, as soon as reasonably practicable.”
2In section 86 of the Transport Act 2000 (functions of the CAA with respect to competition) after subsection (7) insert—
“(8)In making any decision, or otherwise taking action, for the purposes of any of its functions that—
(a)by virtue of this section, are functions exercisable concurrently with the CMA, and
(b)in the case of functions under the Competition Act 1998, are functions within Schedule 4A to the Enterprise and Regulatory Reform Act 2013 by virtue of paragraph 5 of that Schedule,
the CAA must have regard to the need for making a decision, or taking action, as soon as reasonably practicable.”
The Financial Conduct Authority (FCA)
3(1)The Financial Services and Markets Act 2000 is amended as follows.
(2)In section 234I (functions of the FCA under Part 4 of EA 2002), after subsection (8) insert—
“(9)In making any decision, or otherwise taking action, for the purposes of any of its functions that, by virtue of this section, are functions exercisable concurrently with the CMA, the FCA must have regard to the need for making a decision, or taking action, as soon as reasonably practicable.”
(3)In section 234J (functions of the FCA under CA 1998), after subsection (5) insert—
“(6)In making any decision, or otherwise taking action, for the purposes of any of its functions that—
(a)by virtue of this section, are functions exercisable concurrently with the CMA, and
(b)are functions within Schedule 4A to the Enterprise and Regulatory Reform Act 2013 by virtue of paragraph 5 of that Schedule,
the FCA must have regard to the need for making a decision, or taking action, as soon as reasonably practicable.”
The Northern Ireland Authority for Utility Regulation
4In Article 29 of the Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)) (functions of the Northern Ireland Authority for Utility Regulation with respect to competition), after paragraph (10) insert—
“(11)In making any decision, or otherwise taking action, for the purposes of any of its functions that—
(a)by virtue of this Article, are functions exercisable concurrently with the CMA, and
(b)in the case of functions under the Competition Act 1998, are functions within Schedule 4A to the Enterprise and Regulatory Reform Act 2013 by virtue of paragraph 5 of that Schedule,
the Authority must have regard to the need for making a decision, or taking action, as soon as reasonably practicable.”
5In Article 23 of the Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2)) (functions of the Northern Ireland Authority for Utility Regulation with respect to competition), after paragraph (9) insert—
“(10)In making any decision, or otherwise taking action, for the purposes of any of its functions that—
(a)by virtue of this Article, are functions exercisable concurrently with the CMA, and
(b)in the case of functions under the Competition Act 1998, are functions within Schedule 4A to the Enterprise and Regulatory Reform Act 2013 by virtue of paragraph 5 of that Schedule,
the Authority must have regard to the need for making a decision, or taking action, as soon as reasonably practicable.”
6In Article 46 of the Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1)) (functions of the Northern Ireland Authority for Utility Regulation with respect to competition), at the end insert—
“(8)In making any decision, or otherwise taking action, for the purposes of any of its functions that—
(a)by virtue of this Article, are functions exercisable concurrently with the CMA, and
(b)in the case of functions under the Competition Act 1998, are functions within Schedule 4A to the Enterprise and Regulatory Reform Act 2013 by virtue of paragraph 5 of that Schedule,
the Authority must have regard to the need for making a decision, or taking action, as soon as reasonably practicable.”
The Office of Communications (OFCOM)
7(1)The Communications Act 2003 is amended as follows.
(2)In section 370 (functions of OFCOM under Part 4 of EA 2002), after subsection (12) insert—
“(13)In making any decision, or otherwise taking action, for the purposes of any of its functions that, by virtue of this section, are functions exercisable concurrently with the CMA, OFCOM must have regard to the need for making a decision, or taking action, as soon as reasonably practicable.”
(3)In section 371 (functions of OFCOM under CA 1998), after subsection (12) insert—
“(13)In making any decision, or otherwise taking action, for the purposes of any of its functions that—
(a)by virtue of this section, are functions exercisable concurrently with the CMA, and
(b)are functions within Schedule 4A to the Enterprise and Regulatory Reform Act 2013 by virtue of paragraph 5 of that Schedule,
OFCOM must have regard to the need for making a decision, or taking action, as soon as reasonably practicable.”
The Office of Gas and Electricity Markets (Ofgem)
8In section 36A of the Gas Act 1986 (functions of Ofgem with respect to competition), after subsection (10) insert—
“(11)In making any decision, or otherwise taking action, for the purposes of any of its functions that—
(a)by virtue of this section, are functions exercisable concurrently with the CMA, and
(b)in the case of functions under the Competition Act 1998, are functions within Schedule 4A to the Enterprise and Regulatory Reform Act 2013 by virtue of paragraph 5 of that Schedule,
the Authority must have regard to the need for making a decision, or taking action, as soon as reasonably practicable.”
9In section 43 of the Electricity Act 1989 (functions of Ofgem with respect to competition) at the end insert—
“(8)In making any decision, or otherwise taking action, for the purposes of any of its functions that, by virtue of this section—
(a)by virtue of this section, are functions exercisable concurrently with the CMA, and
(b)in the case of functions under the Competition Act 1998, are functions within Schedule 4A to the Enterprise and Regulatory Reform Act 2013 by virtue of paragraph 5 of that Schedule,
the Authority must have regard to the need for making a decision, or taking action, as soon as reasonably practicable.”
The Office of Rail and Road (ORR)
10In section 67 of the Railways Act 1993 (functions of the ORR with respect to competition) at the end insert—
“(11)In making any decision, or otherwise taking action, for the purposes of any of its functions that—
(a)by virtue of this section, are functions exercisable concurrently with the CMA, and
(b)in the case of functions under the Competition Act 1998, are functions within Schedule 4A to the Enterprise and Regulatory Reform Act 2013 by virtue of paragraph 5 of that Schedule,
the Office of Rail and Road must have regard to the need for making a decision, or taking action, as soon as reasonably practicable.”
The Payment Systems Regulator
11(1)The Financial Services (Banking Reform) Act 2013 is amended as follows.
(2)In section 59 (functions of the Payment Systems Regulator under Part 4 of EA 2002), after subsection (6) insert—
“(7)In making any decision, or otherwise taking action, for the purposes of any of its functions that, by virtue of this section, are functions exercisable concurrently with the CMA, the Payment Systems Regulator must have regard to the need for making a decision, or taking action, as soon as reasonably practicable.”
(3)In section 61 (functions of the Payment Systems Regulator under CA 1998), after subsection (5) insert—
“(6)In making any decision, or otherwise taking action, for the purposes of any of its functions that—
(a)by virtue of this section, are functions exercisable concurrently with the CMA, and
(b)are functions within Schedule 4A to the Enterprise and Regulatory Reform Act 2013 by virtue of paragraph 5 of that Schedule,
the Payment Systems Regulator must have regard to the need for making a decision, or taking action, as soon as reasonably practicable.”
The Water Services Regulation Authority (Ofwat)
12In section 31 of the Water Industry Act 1991 (functions of Ofwat with respect to competition) at the end insert—
“(10)In making any decision, or otherwise taking action, for the purposes of any of its functions that—
(a)by virtue of this section, are functions exercisable concurrently with the CMA, and
(b)in the case of functions under the Competition Act 1998, are functions within Schedule 4A to the Enterprise and Regulatory Reform Act 2013 by virtue of paragraph 5 of that Schedule,
the Authority must have regard to the need for making a decision, or taking action, as soon as reasonably practicable.”