Search Legislation

Enterprise and Regulatory Reform Act 2013

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Cross Heading: Delegation

 Help about opening options

Alternative versions:

Status:

Point in time view as at 24/05/2024.

Changes to legislation:

Enterprise and Regulatory Reform Act 2013, Cross Heading: Delegation is up to date with all changes known to be in force on or before 28 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

DelegationU.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

Commencement Information

I1Sch. 4 para. 29(1) in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

I2Sch. 4 para. 29(2)(3) in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(c) (with Sch.)

30U.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

I3Sch. 4 para. 30 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(c) (with Sch.)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources