A person may not be, at the same time, a member of the Commission and a member of the Tribunal.

A person who is appointed as a member of a kind mentioned in one of paragraphs F12(a) F12(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.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The validity of the Commission’s proceedings is not affected by a defect in the appointment of a member.

The Commission is to have a chairman appointed by the Secretary of State from among the reporting panel members.

The Secretary of State may appoint one or more of the reporting panel members to act as deputy chairman.

The Chairman, and any deputy chairman, may resign that office at any time by notice in writing addressed to the Secretary of State.

If the Chairman (or a deputy chairman) ceases to be a member he also ceases to be Chairman (or a deputy chairman).

The Commission is to have a F17management board to be known as the Competition Commission Council (but referred to in this Schedule as “the Council”).

In exercising its functions under paragraphs 3 and 7 to 12 F21... , the Commission is to act through the Council.

Without prejudice to the question whether any other functions of the Commission are to be so discharged, the functions of the Commission under sections 106, 116, and 171 of the Enterprise Act 2002 (and under section 116 as applied for the purposes of references under Part 4 of that Act by section 176 of that Act) are to be discharged by the Council.

The Council may determine its own procedure including, in particular, its quorum.

The Chairman (and any person acting as Chairman) is to have a casting vote on any question being decided by the Council.

Subject to the provisions of this Schedule, each member is to hold and vacate office in accordance with the terms of his appointment.

A person is not to be appointed as a member for more than F23five years at a time F23eight 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).

Any member may at any time resign by notice in writing addressed to the Secretary of State.

The Secretary of State may remove a member on the ground of incapacity or misbehaviour.

No person is to be prevented from being appointed as a member merely because he has previously been a member.

The Secretary of State shall pay to the Commission such sums as he considers appropriate to enable it to perform its functions.

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.

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.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Commission is to have a secretary, appointed by the Secretary of State on such terms and conditions of service as he considers appropriate.

The approval of the Treasury is required as to those terms and conditions.

Before appointing a person to be secretary, the Secretary of State must consult the Chairman F27... .

Subject to obtaining the approval of F28the Secretary of State as to numbers and terms and conditions of service the Commission may appoint such staff as it thinks appropriate.

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.

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.

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.

The Commission shall make to the Secretary of State a report for each financial year on its activities during the year.

The annual report must be made before the end of August next following the financial year to which it relates.

The Secretary of State shall lay a copy of the annual report before Parliament and arrange for the report to be published.

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.

The Commission’s property is not to be regarded as property of, or held on behalf of, the Crown.

Except where sub-paragraph (7) F31or (8) gives the Chairman power to act on his own, any general function of the Commission must be performed through a group selected for the purpose by the Chairman.

The group must consist of at least three persons one of whom may be the Chairman.

In selecting the members of the group, the Chairman must comply with any requirement as to its constitution imposed by any enactment applying to specialist panel members.

If the functions to be performed through the group relate to a newspaper merger reference, the group must, subject to sub-paragraph (5), consist of such reporting panel members as the Chairman may select.

The Chairman must select one or more newspaper panel members to be members of the group dealing with functions relating to a newspaper merger reference and, if he selects at least three such members, the group may consist entirely of those members.

Subject to sub-paragraphs (2) to (5), a group must consist of reporting panel members or specialist panel members selected by the Chairman.

The Chairman may exercise the power conferred by section 37(1), 48(1) or 64(1) of the Enterprise Act 2002 while a group is being constituted to perform a relevant general function of the Commission or, when it has been so constituted, before it has held its first meeting.

The Chairman may also at any time appoint any reporting panel member to be an additional member of a group.

At the invitation of the chairman of a group, any reporting panel member who is not a member of the group may attend meetings or otherwise take part in the proceedings of the group.

Nothing in sub-paragraph (1) is to be taken to prevent a group, or a member of a group, from consulting any member of the Commission with respect to any matter or question with which the group is concerned.

Subject to any special or general directions given by the Secretary of State, each group may determine its own procedure.

In determining its procedure a group must have regard to any guidance issued by the Chairman.

Before issuing any guidance for the purposes of this paragraph the Chairman must consult the members of the Commission.

This paragraph does not apply to groups for which rules must be made under paragraph 19A.

The Chairman must make rules of procedure in relation to merger reference groups, market reference groups and special reference groups.

Schedule 7A makes further provision about rules made under this paragraph but is not to be taken as restricting the Chairman’s powers under this paragraph.

The Chairman must publish rules made under this paragraph in such manner as he considers appropriate for the purpose of bringing them to the attention of those likely to be affected by them.

The Chairman must consult the members of the Commission and such other persons as he considers appropriate before making rules under this paragraph.

Subject to rules made under this paragraph, each merger reference group, market reference group and special reference group may determine its own procedure.

In determining how to proceed in accordance with rules made under this paragraph and in determining its procedure under sub-paragraph (6), a group must have regard to any guidance issued by the Chairman.

Before issuing any guidance for the purposes of this paragraph the Chairman shall consult the members of the Commission and such other persons as he considers appropriate.

Subject to F43sub-paragraph (2) F43sub-paragraphs (2) to (9), anything done by or in relation to a group in, or in connection with, the performance of functions to be performed by the group is to have the same effect as if done by or in relation to the Commission.

For the purposes of Part 3 of the Enterprise Act 2002 (mergers) any decision of a group under section 35(1) or 36(1) of that Act (questions to be decided on non-public interest merger references) that there is an anti-competitive outcome is to be treated as a decision under that section that there is not an anti-competitive outcome if the decision is not that of at least two-thirds of the members of the group.

For the purposes of Part 4 of the Act of 2002 (market investigations), if the decision is not that of at least two-thirds of the members of the group, any decision of a group under section 134 or 141 (questions to be decided on market investigation references) that a feature, or combination of features, of a relevant market prevents, restricts or distorts competition in connection with the supply or acquisition of any goods or services in the United Kingdom or a part of the United Kingdom is to be treated as a decision that the feature or (as the case may be) combination of features does not prevent, restrict or distort such competition.

In sub-paragraph (6) “relevant decision” means a decision which is not to be treated as mentioned in sub-paragraph (5) and which is that a feature, or combination of features, of a relevant market prevents, restricts or distorts competition in connection with the supply or acquisition of any goods or services in the United Kingdom or a part of the United Kingdom.

Expressions used in sub-paragraphs (2) to (7) shall be construed in accordance with Part 3 or (as the case may be) 4 of the Act of 2002.

Sub-paragraph (1) is also subject to specific provision made by or under other enactments about decisions which are not decisions of at least two-thirds of the members of a group.

The person who is Chairman of the MMC immediately before the commencement date is on that date to become both a member of the Commission and its chairman as if he had been duly appointed under paragraphs 2(1)(b) and 3.

He is to hold office as Chairman of the Commission for the remainder of the period for which he was appointed as Chairman of the MMC and on the terms on which he was so appointed.

The persons who are members of the MMC immediately before the commencement date are on that date to become members of the Commission as if they had been duly appointed under paragraph 2(1)(b).

Each of them is to hold office as a member for the remainder of the period for which he was appointed as a member of the MMC and on the terms on which he was so appointed.

The persons who are members of the MMC immediately before the commencement date by virtue of appointments made under any of the enactments mentioned in paragraph 2(1)(d) are on that date to become members of the Commission as if they had been duly appointed to the Commission under the enactment in question.

Each of them is to hold office as a member for such period and on such terms as the Secretary of State may determine.

The members who become deputy chairmen of the Commission under paragraph 32 are also to become members of the Council as if they had been duly appointed under paragraph 5(2)(c).

Each of them is to hold office as a member of the Council for such period as the Secretary of State determines.