http://www.legislation.gov.uk/id/ukpga/2013/24

SCHEDULES

SCHEDULE 5Amendments related to Part 3

Section 26(3)

PART 1Transfer of functions under the 1998 Act to the CMA

I11

The Competition Act 1998 is amended as follows.

I22

In section 6 (block exemptions), in subsections (1) and (6), for “OFT” (in each place where it occurs) substitute “ CMA ”.

I33

In section 8 (block exemptions: procedure), in subsections (1) to (3) and (5), for “OFT” (in each place where it occurs) substitute “ CMA ”.

I44

In section 10 (parallel exemptions), in subsections (5), (7) and (8), for “OFT” (in each place where it occurs) substitute “ CMA ”.

1

Section 25 (power to investigate) is amended as follows.

2

In subsections (1) and (8) to (11), for “OFT” (in each place where it occurs) substitute “ CMA ”.

3

In the heading, for “OFT” substitute “ CMA ”.

I66

In section 26 (powers when conducting investigations), in subsections (1) and (5), for “OFT” (in each place where it occurs) substitute “ CMA ”.

I77

In section 27 (power to enter business premises without a warrant), in subsections (1) and (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.

1

Section 28 (power to enter business premises under a warrant) is amended as follows.

2

In subsection (1)(b)(i), for “OFT” substitute “ CMA ”.

3

In subsection (2)—

a

for “OFT” (in each place where it occurs) substitute “ CMA ”, and

b

for “OFT's” substitute “CMA's”.

I99

In section 28A (power to enter domestic premises under a warrant), in subsections (1)(b)(i) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

I1010

In section 31 (decisions following an investigation), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

I1111

In section 31A (commitments), in subsections (1) to (4), for “OFT” (in each place where it occurs) substitute “ CMA ”.

I1212

In section 31B (effect of commitments under section 31A), in subsections (1) to (5), for “OFT” (in each place where it occurs) substitute “ CMA ”.

I1313

In section 31C (review of commitments), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

I1414

In section 31D (guidance), in subsections (1) to (3), (5), (6) and (8), for “OFT” (in each place where it occurs) substitute “ CMA ”.

I1515

In section 31E (enforcement of commitments), in subsection (1), for “OFT” (in each place where it occurs) substitute “ CMA ”.

I1616

In section 32 (directions in relation to agreements), in subsection (1), for “OFT” substitute “ CMA ”.

I1717

In section 33 (directions in relation to conduct), in subsection (1), for “OFT” substitute “ CMA ”.

I1818

In section 34 (enforcement of directions), in subsection (1), for “OFT” substitute “ CMA ”.

I1919

In section 35 (interim measures), in subsections (1) to (4), (8) and (9), for “OFT” (in each place where it occurs) substitute “ CMA ”.

I2020

In section 36 (penalties), in subsections (1) to (5), (8) and (9), for “OFT” (in each place where it occurs) substitute “ CMA ”.

I2121

In section 37 (recovery of penalties), in subsection (1), for “OFT” (in each place where it occurs) substitute “ CMA ”.

I2222

In section 38 (the appropriate level of a penalty), in subsections (1) to (3), (5), (6), (8) and (9), for “OFT” (in each place where it occurs) substitute “ CMA ”.

I2323

In section 39 (limited immunity in relation to the Chapter 1 prohibition), in subsections (3) to (5) and (8), for “OFT” (in each place where it occurs) substitute “ CMA ”.

I2424

In section 40 (limited immunity in relation to the Chapter 2 prohibition), in subsections (3) to (5) and (8), for “OFT” (in each place where it occurs) substitute “ CMA ”.

I2525

In section 44 (false or misleading information), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

I2626

In section 46 (appealable decisions), in subsections (1) to (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.

I2727

In section 47 (third party appeals), in subsection (1), for “OFT” (in each place where it occurs) substitute “ CMA ”.

I2828

In section 47A (monetary claims before Tribunal), in subsections (6) and (7), for “OFT” (in each place where it occurs) substitute “ CMA ”.

I2929

In section 50 (vertical agreements and land agreements), in subsection (3), for “OFT” substitute “ CMA ”.

I3030

In the cross-heading preceding section 51, for “OFT's” substitute “CMA's”.

1

Section 51 (rules) is amended as follows.

2

In subsection (1), for “OFT” substitute “ CMA ”.

3

In subsection (2), for “OFT's” substitute “CMA's”.

4

In subsections (3) and (5) to (10), for “OFT” (in each place where it occurs) substitute “ CMA ”.

1

Section 52 (advice and information) is amended as follows.

2

In subsection (1), for the words from the beginning to “the Director” substitute “ The CMA ”.

3

In subsection (1A), for the words from the beginning to “the OFT” substitute “ The CMA ”.

4

In subsections (2) to (6) and (8), for “OFT” (in each place where it occurs) substitute “ CMA ”.

I3333

In section 54 (regulators), in subsections (2), (5) and (7), for “OFT” (in each place where it occurs) substitute “ CMA ”.

I3434

In section 57 (defamation), for “OFT” substitute “ CMA ”.

I3535

In the cross-heading preceding section 58, for “OFT” substitute “ CMA ”.

1

Section 58 (findings of fact) is amended as follows.

2

In subsection (1), for “an OFT's” substitute “a CMA's”.

3

In subsection (2)—

a

for “an OFT's” substitute “a CMA's”, and

b

for “OFT” (in each place where it occurs) substitute “ CMA ”.

4

In subsection (3), for “OFT” substitute “ CMA ”.

5

In the heading, for “OFT” substitute “ CMA ”.

I3737

In section 58A (findings of infringements), in subsections (3) and (4), for “OFT” (in each place where it occurs) substitute “ CMA ”.

1

Section 59 (interpretation of Part 1) is amended as follows.

2

In subsection (1)—

a

after the definition of “the Chapter II prohibition” insert—

“the CMA” means the Competition and Markets Authority;

b

omit the definition of “the OFT”.

3

In subsection (4), for “OFT” substitute “ CMA ”.

I3939

In section 60 (principles to be applied in determining questions), in subsection (4), for “OFT” (in each place where it occurs) substitute “ CMA ”.

I4040

In section 61 (interpretation of Part 2), in subsection (1)—

a

after the definition of “books and records” insert—

“the CMA” means the Competition and Markets Authority;

b

omit the definition of “the OFT”.

I4141

In section 62 (power to enter business premises under a warrant: Article 20 inspections), in subsections (5) and (10), for “OFT” (in each place where it occurs) substitute “ CMA ”.

I4242

In section 62A (power to enter non-business premises under a warrant: Article 21 inspections), in subsections (3) to (5), and (12), for “OFT” (in each place where it occurs) substitute “ CMA ”.

I4343

In section 62B (powers when conducting Article 22(2) inspection), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

I4444

In section 63 (power to enter business premises under a warrant: Article 22(2) inspections), in subsections (1)(a), (2) to (5) and (10), for “OFT” (in each place where it occurs) substitute “ CMA ”.

1

Section 65C (interpretation of Part 2A) is amended as follows.

2

In subsection (1), in the definition of “Article 22(1) investigation”, for “OFT” substitute “ CMA ”.

3

In subsection (2)—

a

after the entry for “Article 82” insert— “ “the CMA”; ”, and

b

omit the entry for “the OFT”.

4

In subsection (4), for “OFT” substitute “ CMA ”.

I4646

In section 65D (power to conduct an Article 22(1) investigation), in subsection (1), for “OFT” substitute “ CMA ”.

I4747

In section 65E (powers when conducting Article 22(1) investigations), in subsections (1) and (5), for “OFT” (in each place where it occurs) substitute “ CMA ”.

I4848

In section 65F (power to enter business premises without a warrant), in subsections (1) and (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.

I4949

In section 65G (power to enter business premises under a warrant), in subsections (1)(b)(i) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

I5050

In section 65H (power to enter domestic premises under a warrant), in subsections (1)(b)(i) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

I5151

In section 65N (false or misleading information), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

I5252

In section 75A (rules in relation to Parts 2 and 2A), in subsections (1) to (8), for “OFT” (in each place where it occurs) substitute “ CMA ”.

1

Schedule 1 (exclusions: mergers and concentrations) is amended as follows.

2

In paragraph 4, in sub-paragraphs (1) to (5), for “OFT” (in each place where it occurs) substitute “ CMA ”.

3

In paragraph 5, for “OFT” (in each place where it occurs) substitute “ CMA ”.

I5454

In Schedule 2 (exclusions: other competition scrutiny), in Part 3, in paragraph 5(3)(a), for “Director” substitute “ CMA ”.

1

Schedule 3 (general exclusions) is amended as follows.

2

In paragraph 9, in sub-paragraphs (3) to (7), for “OFT” (in each place where it occurs) substitute “ CMA ”.

1

Schedule 6A (commitments) is amended as follows.

2

In paragraph 1, for “OFT” substitute “ CMA ”.

3

In paragraph 2—

a

in sub-paragraph (1), for “OFT” substitute “ CMA ”, and

b

in sub-paragraph (2)—

i

for “OFT” (in each place where it occurs) substitute “ CMA ”, and

ii

for “OFT's” substitute “CMA's”.

4

In paragraph 3, in sub-paragraph (1), for “OFT” substitute “ CMA ”.

5

In paragraph 4, for “OFT” (in each place where it occurs) substitute “ CMA ”.

6

In paragraph 5, for “OFT” substitute “ CMA ”.

7

In paragraph 6, for “OFT” substitute “ CMA ”.

8

In paragraph 7, for “OFT” (in each place where it occurs) substitute “ CMA ”.

9

In paragraph 8, for “OFT” (in each place where it occurs) substitute “ CMA ”.

10

In paragraph 10, for “OFT” substitute “ CMA ”.

11

In paragraph 11, in sub-paragraph (1), for “OFT” substitute “ CMA ”.

12

In paragraph 12, for “OFT” substitute “ CMA ”.

13

In paragraph 13, for “OFT” substitute “ CMA ”.

14

In paragraph 14, for “OFT” (in each place where it occurs) substitute “ CMA ”.

1

Schedule 8 (appeals) is amended as follows.

2

In paragraph 2, in sub-paragraph (2), for “OFT's” substitute “CMA's”.

3

In paragraph 3, in sub-paragraphs (2) and (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.

4

In paragraph 3A, in sub-paragraph (3), for “OFT” substitute “ CMA ”.

1

Schedule 9 (rules under section 51) is amended as follows.

2

In the heading, for “OFT's” substitute “CMA's”.

3

In paragraph 1, for “OFT” substitute “ CMA ”.

4

In paragraph 5, in sub-paragraphs (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

5

In paragraph 8, for “OFT” (in each place where it occurs) substitute “ CMA ”.

6

In paragraph 9, for “OFT” (in each place where it occurs) substitute “ CMA ”.

7

In paragraph 11, for “OFT” substitute “ CMA ”.

8

In paragraph 12, in sub-paragraph (1)—

a

for “OFT” substitute “ CMA ”, and

b

for “OFT's” substitute “CMA's”.

9

In paragraph 13—

a

for “OFT” substitute “ CMA ”, and

b

for “OFT's” substitute “CMA's”.

10

In paragraph 14, for “OFT” substitute “ CMA ”.

PART 2Transfer of functions under the 2002 Act to the CMA

I5959

The Enterprise Act 2002 is amended as follows.

Part 1

1

Section 5 (acquisition of information etc) is amended as follows.

2

In subsections (1), (2) and (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.

3

In the italic cross-heading preceding the section for “OFT” substitute “ the CMA ”.

I6161

In section 6 (provision of information etc to the public), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

1

Section 7 (provision of information and advice to Ministers etc) is amended as follows.

2

In subsection (1), for “OFT” substitute “ CMA ”.

3

In subsection (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

I6363

Omit section 8 (promoting good consumer practice).

1

Section 11 (super-complaints) is amended as follows.

2

In subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

3

In subsection (3), for “OFT's” substitute “CMA's”.

4

In subsection (7), for “OFT” substitute “ CMA ”.

I6565

For the title to Part 1 substitute “ General functions of the CMA ”.

Part 2 I6666

In Schedule 4 (Competition Appeal Tribunal: procedure), in Part 2 (Tribunal rules), in paragraph 22(2), for “OFT” substitute “ CMA ”.

Part 3

1

Section 22 (duty to make references in relation to completed mergers) is amended as follows.

2

In subsection (1), for the words before paragraph (a) substitute “ The CMA shall, subject to subsections (2) and (3), make a reference to its chair for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 if the CMA believes that it is or may be the case that— ”.

3

In subsection (2)—

a

in the words before paragraph (a), for “OFT” substitute “ CMA ”, and

b

in paragraph (a), omit “to the Commission”.

4

In subsections (3) and (3A), for “OFT” (in each place where it occurs) substitute “ CMA ”.

5

In subsection (7)—

a

in paragraph (a), for “the OFT or (as the case may be) the Commission” substitute “ the CMA ”, and

b

in paragraph (b), for “the OFT, the Commission” substitute “ the CMA ”.

I6868

In section 23 (relevant merger situations), in subsection (9), in paragraph (a), for “Commission” substitute “ CMA ”.

I6969

In section 24 (time-limits and prior notice), in subsection (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

I7070

In section 25 (extension of time-limits), in subsections (1) to (6) and (8), for “OFT” (in each place where it occurs) substitute “ CMA ”.

I7171

In section 28 (turnover test), in subsection (5), for “OFT” substitute “ CMA ”.

I7272

1

Section 33 (duty to make references in relation to anticipated mergers) is amended as follows.

2

3

In subsection (2)—

a

in the words before paragraph (a), for “OFT” substitute “ CMA ”,

b

in paragraph (a), omit “to the Commission”, and

c

in paragraph (b), omit “to the Commission”.

4

In subsections (3) and (3A), for “OFT” (in each place where it occurs) substitute “ CMA ”.

I7373

1

Section 34A (duty where case referred by the European Commission) is amended as follows.

2

In subsection (1), for “OFT” substitute “ CMA ”.

3

In subsection (2)—

a

in the words before paragraph (a), for “OFT” substitute “ CMA ”, and

b

in paragraph (a), omit “to the Commission”.

4

In subsection (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.

5

In the heading, for “OFT” substitute “ CMA ”.

I7474

Before section 35 (but after the italic cross-heading immediately preceding it) insert—

34CFunctions to be exercised by CMA groups
1
Where a reference is made to the chair of the CMA under section 22 or 33 for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, the functions of the CMA under or by virtue of the following provisions of this Part in relation to the matter concerned are to be carried out on behalf of the CMA by the group so constituted—
a
sections 35 to 41B, except for sections 35(6) and (7), 36(5) and (6) and 37(6);
b
where a reference is treated by virtue of section 37(2) as having been made under section 22, section 23(9)(a);
c
section 76, as it applies in relation to orders under section 83, and sections 77, 78 and 80 to 84;
d
section 87, so far as relating to an enforcement order made on behalf of the CMA by the group;
e
sections 92(4), 94 and 94A, so far as relating to an enforcement undertaking or enforcement order made on behalf of the CMA by the group;
f
section 104, so far as relating to a decision mentioned in paragraph (a)(iii) of the definition of relevant decision in subsection (6) of that section;
g
section 107, so far as relating to anything done on behalf of the CMA by the group;
h
section 109, where the permitted purpose in question relates to a function that (by virtue of this section) is being or is to be carried out on behalf of the CMA by the group;
i
sections 110 to 115, so far as relating to a notice given under section 109 on behalf of the CMA by the group;
j
section 120(5)(b), so far as relating to a decision of the group;
k
Schedule 10, so far as relating to an enforcement undertaking or enforcement order which the group is considering accepting or making, or which the group has accepted or made, on behalf of the CMA.
2
The functions of the CMA under section 95(4) in relation to the matter concerned may be carried out on behalf of the CMA by the group.
3
Nothing in subsection (1) prevents the CMA Board from exercising a function of the CMA under or by virtue of the following provisions of this Part where the group constituted as mentioned in subsection (1) has ceased to exist—
a
section 76 and Schedule 10, so far as relating to the making of an order under section 76 in relation to an order under section 83;
b
section 83 and Schedule 10, so far as relating to the making of an order under section 83;
c
sections 76 (as it applies in relation to an order under section 83), 80 to 84 and Schedule 10, so far as relating to the variation, supersession or release of enforcement undertakings or the variation or revocation of enforcement orders;
d
section 87;
e
sections 92(4) and 94.

I7575

In section 35 (questions to be decided in relation to completed mergers), in subsections (1) and (3) to (7), for “Commission” (in each place where it occurs) substitute “ CMA ”.

I7676

In section 36 (questions to be decided in relation to anticipated mergers), in subsections (1) to (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.

I7777

1

Section 37 (cancellation and variation of references under section 22 or 33) is amended as follows.

2

In subsections (1) to (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.

3

In subsection (6), for “OFT” substitute “ CMA ”.

4

Omit subsections (7) and (8).

5

In subsection (9)—

a

for “OFT” substitute “ CMA ”, and

b

for “Commission” substitute “ CMA ”.

I7878

1

Section 38 (investigations and reports on references under section 22 or 33) is amended as follows.

2

In subsections (1) to (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.

3

Omit subsection (4).

I7979

In section 39 (time-limits for investigations and reports), in subsections (1), (3), (4) and (8), for “Commission” (in each place where it occurs) substitute “ CMA ”.

I8080

In section 40 (section 39: supplementary), in subsections (10), (11) and (13), for “Commission” (in each place where it occurs) substitute “ CMA ”.

I8181

In section 41 (duty to remedy effects of completed or anticipated mergers), in subsections (1) to (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.

I8282

1

Section 42 (intervention by Secretary of State in certain public interest cases) is amended as follows.

2

In subsection (2), for “OFT” substitute “ CMA ”.

3

In subsection (6)—

a

for “OFT” (in each place where it occurs) substitute “ CMA ”, and

b

for “Commission” substitute “ CMA ”.

I8383

1

Section 43 (intervention notices under section 42) is amended as follows.

2

In subsection (4)—

a

in paragraph (a), for “OFT” substitute “ CMA ”, and

b

for “Commission” (in each place where it occurs) substitute “ CMA ”.

I8484

1

Section 44 (investigation and report) is amended as follows.

2

In subsections (2) and (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.

3

In subsection (4) —

a

in the words before paragraph (a), for “OFT” substitute “ CMA ”, and

b

in paragraph (c), omit “to the Commission”.

4

In subsections (5), (5A) and (7), for “OFT” (in each place where it occurs) substitute “ CMA ”.

5

In the heading, for “OFT” substitute “ CMA ”.

I8585

1

Section 45 (power of Secretary of State to refer matter) is amended as follows.

2

In subsection (1), in paragraph (b), for “OFT” substitute “ CMA ”.

3

In subsections (2) to (5), for “to the Commission” (in each place where it occurs) substitute “ to the chair of the CMA for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 ”.

4

In the heading, for “Commission” substitute “ CMA ”.

I8686

In section 46 (references under section 46: supplementary), in subsection (2), for “OFT” substitute “ CMA ”.

I8787

1

Section 46A (cases referred by European Commission where intervention notice is in force) is amended as follows.

2

In subsection (1), for “OFT” substitute “ CMA ”.

3

In subsection (2), in paragraph (a), omit “to the Commission”.

I8888

Before section 47 (but after the italic cross-heading immediately preceding it) insert—

46DFunctions to be exercised by CMA groups
Where a reference is made to the chair of the CMA under section 45 for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, the functions of the CMA under or by virtue of the following provisions of this Part in relation to the matter concerned are to be carried out on behalf of the CMA by the group so constituted—
a
sections 47 to 53;
b
where a reference is treated by virtue of section 49(1) as having been made under section 45(2) or (3), section 23(9)(ab) (as it has effect by virtue of section 42(6));
c
sections 104, so far as relating to any decision mentioned in paragraph (a)(iii) of the definition of relevant decision in subsection (6) of that section, and 104A;
d
section 107, so far as relating to anything done on behalf of the CMA by the group;
e
section 109, where the permitted purpose relates to a function that (by virtue of this section) is being or is to be carried out on behalf of the CMA by the group;
f
sections 110 to 115, so far as relating to a notice given under section 109 on behalf of the CMA by the group;
g
section 118(4);
h
section 120(5)(b), so far as relating to a decision of the group.

I8989

In section 47 (questions to be decided on references under section 45), in subsections (1) to (11), for “Commission” (in each place where it occurs) substitute “ CMA ”.

I9090

In section 48 (cases where references on certain questions need not be decided), in subsections (1) to (3) for “Commission” (in each place where it occurs), substitute “ CMA ”.

I9191

In section 49 (variation of references under section 45), in subsections (1) to (4) and (7) to (9), for “Commission” (in each place where it occurs) substitute “ CMA ”.

I9292

In section 50 (investigations and reports on references under section 45), in subsections (1) to (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.

I9393

1

Section 51 (time-limits for investigations and reports) is amended as follows.

2

In subsections (1) to (4) and (8), for “Commission” (in each place where it occurs) substitute “ CMA ”.

3

In the heading, for “Commission” substitute “ CMA ”.

I9494

Section 52 (section 51: supplementary), in subsections (10), (11) and (13), for “Commission” (in each place where it occurs) substitute “ CMA ”.

I9595

1

Section 53 (restrictions on action where public interest considerations not finalised) is amended as follows.

2

In subsection (1), for “Commission” substitute “ CMA ”.

3

In subsection (2)—

a

omit “to the Commission”, and

b

for “Commission” substitute “ CMA ”.

4

In subsections (3) to (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.

I9696

1

Section 54 (decision of Secretary of State in public interest cases) is amended as follows.

2

In subsection (1), for “Commission” substitute “ CMA ”.

3

In subsection (3), omit “to the Commission” (in each place where it occurs).

4

In subsections (5) and (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.

5

In subsection (7)—

a

omit “to the Commission” (in each place where it occurs),

b

for “of the Commission” (in each place where it occurs) substitute “ of the CMA ”, and

c

in paragraph (b)(ii), for “OFT” substitute “ CMA ”.

I9797

In section 55 (enforcement action by Secretary of State), in subsection (3), for “Commission” substitute “ CMA ”.

I9898

1

Section 56 (competition cases where intervention on public interest grounds ceases) is amended as follows.

2

In subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

3

In subsection (3)—

a

for “Commission” (in each place where it occurs) substitute “ CMA ”,

b

for “the report of the OFT” substitute “ its report ”, and

c

omit “to it by the OFT”.

4

In subsection (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.

5

In subsection (6)—

a

for “Commission” substitute “ CMA ”, and

b

omit “to it”.

6

In subsection (7), for “Commission” (in each place where it occurs) substitute “ CMA ”.

7

In subsection (8)—

a

for “Commission” substitute “ CMA ”,

b

after “(6)” insert

—
a

c

omit “to the Commission by the OFT”, and

d

at the end insert

; and
b
for the purposes of section 34C, the group constituted in consequence of the reference under section 45 is to be treated as if it were constituted in consequence of a reference under section 22 or (as the case may be) 33.

I9999

1

Section 57 (duties of authorities to inform Secretary of State) is amended as follows.

2

In subsection (1), for “OFT” substitute “ CMA ”.

3

In subsection (2)—

a

for “OFT, OFCOM and the Commission” substitute “ CMA and OFCOM ”, and

b

for “OFT, OFCOM or (as the case may be) the Commission” substitute “ CMA or (as the case may be) OFCOM ”.

4

In the heading, for “OFT and Commission” substitute “ CMA and OFCOM ”.

I100100

In section 58 (specified considerations), in subsection (4)(b) for “OFT, OFCOM, the Commission” substitute “ CMA, OFCOM ”.

I101101

1

Section 59 (intervention by Secretary of State in special public interest cases) is amended as follows.

2

In subsection (2), for “OFT” substitute “ CMA ”.

3

In subsection (6)—

a

for “OFT” (in each place where it occurs) substitute “ CMA ”, and

b

for “Commission” substitute “ CMA ”.

I102102

1

Section 60 (special intervention notices under section 59) is amended as follows.

2

In subsection (4)—

a

in paragraph (a), for “OFT” substitute “ CMA ”, and

b

for “Commission” (in each place where it occurs) substitute “ CMA ”.

I103103

1

In section 61 (initial investigation and report) is amended as follows.

2

In subsections (2) to (4A) and (6), for “OFT” (in each place where it occurs) substitute “ CMA ”.

3

In the heading, for “OFT” substitute “ CMA ”.

I104104

1

Section 62 (power of Secretary of State to refer matter) is amended as follows.

2

In subsection (1), in paragraph (b), for “OFT” substitute “ CMA ”.

3

In subsections (2) and (3), for “to the Commission” (in each place where it occurs), substitute “ to the chair of the CMA for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 ”.

4

In subsection (5), for “OFT” substitute “ CMA ”.

I105105

Before section 63 insert—

62AFunctions to be exercised by CMA groups
Where a reference is made to the chair of the CMA under section 62 for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, the functions of the CMA under or by virtue of the following provisions of this Part in relation to the matter concerned are to be carried out on behalf of the CMA by the group so constituted—
a
sections 63 to 65;
b
where a reference is treated by virtue of section 64(2) as having been made under section 62(2), section 23(9)(ab) (as it has effect by virtue of section 59(6));
c
sections 104, so far as relating to any decision mentioned in paragraph (a)(iii) of the definition of relevant decision in subsection (6) of that section, and 104A;
d
section 107, so far as relating to anything done on behalf of the CMA by the group;
e
section 109, where the permitted purpose relates to a function that (by virtue of this section) is being or is to be carried out on behalf of the CMA by the group;
f
sections 110 to 115, so far as relating to a notice given under section 109 on behalf of the CMA by the group;
g
section 118(4);
h
section 120(5)(b), so far as relating to a decision of the group.

I106106

In section 63 (questions to be decided on references under section 62), in subsections (1) to (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.

I107107

In section 64 (cancellation and variation of references under section 62), in subsections (1) to (4) and (7) to (9), for “Commission” (in each place where it occurs) substitute “ CMA ”.

I108108

In section 65 (investigations and reports on references under section 62), in subsections (1) to (2A) and (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.

I109109

In section 66 (decision and enforcement action by Secretary of State), in subsections (1) to (4) and (7), for “Commission” (in each place where it occurs) substitute “ CMA ”.

I110110

In section 67 (intervention to protect legitimate interests), in subsections (2) and (8), for “OFT” (in each place where it occurs) substitute “ CMA ”.

I111111

In section 68 (scheme for protecting legitimate interests), in subsection (4)—

a

in paragraph (b), for “OFT” substitute “ CMA ”,

b

in paragraph (c), for “to the Commission” substitute “ to the chair of the CMA for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 ”, and

c

in paragraph (d), for “the Commission” substitute “ the CMA, acting through a group so constituted, ”.

I112112

In section 72 (initial enforcement orders), in subsections (2), (6) and (7), for “OFT” (in each place where it occurs) substitute “ CMA ”.

I113113

In section 73 (undertakings in lieu of references), in subsections (1) to (4), (5) and (7), for “OFT” (in each place where it occurs) substitute “ CMA ”.

I114114

In section 74 (effect of undertakings under section 73), in subsections (1), (2) and (5), for “OFT” (in each place where it occurs) substitute “ CMA ”.

I115115

In section 75 (order making power where undertakings under section 73 not fulfilled), in subsections (1), (2), (4) and (6), for “OFT” (in each place where it occurs) substitute “ CMA ”.

I116116

1

Section 76 (supplementary interim order-making power) is amended as follows

2

In subsection (1)—

a

in paragraph (a), for “OFT” substitute “ CMA ”, and

b

in paragraph (b), for “Commission” substitute “ CMA ”.

3

In subsections (2), (3), (4) and (7), for “OFT or (as the case may be) the Commission” (in each place where it occurs) substitute “ CMA ”.

I117117

In section 77 (restrictions on certain dealings: completed mergers), in subsections (2), (3), (5) and (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.

I118118

In section 78 (restrictions on certain dealings: anticipated mergers), in subsections (2) to (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.

I119119

1

Section 79 (sections 77 and 78: further interpretation provisions) is amended as follows.

2

In subsection (1), for “Commission” (in each place where it occurs) substitute “ CMA ”.

3

In subsection (4), for “OFT” substitute “ CMA ”.

I120120

1

Section 80 (interim undertakings) is amended as follows.

2

In subsections (2), (5) and (9), for “Commission” (in each place where it occurs) substitute “ CMA ”.

3

In subsection (10), for “Commission's” substitute “CMA's”.

I121121

1

Section 81 (interim orders) is amended as follows.

2

In subsection (2), for “Commission” (in each place where it occurs) substitute “ CMA ”.

3

In subsection (9), for “Commission” substitute “ CMA ”.

I122122

In section 82 (final undertakings), in subsections (1), (2) and (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.

I123123

1

Section 83 (order-making powers where final undertakings not fulfilled) is amended as follows.

2

In subsection (1), in the words before paragraph (a), for “Commission” substitute “ CMA ”.

3

In that subsection, in paragraph (b)—

a

for “Commission or the OFT” substitute “ CMA ”, and

b

for “Commission decided” substitute “ CMA decided ”.

4

In subsections (2) and (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.

5

Omit subsection (6).

I124124

1

Section 84 (final orders) is amended as follows.

2

In subsections (1) and (2), for “Commission” (in each place where it occurs) substitute “ CMA ”.

3

Omit subsection (4).

I125125

In section 85 (enforcement regime for public interest and special interest cases), in subsection (2), for “OFT” substitute “ CMA ”.

I126126

1

Section 91 (register of undertakings and orders) is amended as follows.

2

In subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

3

In subsection (3)—

a

in the words before paragraph (a), for “OFT” substitute “ CMA ”, and

b

in paragraph (d), for “Commission” substitute “ CMA ”.

4

In subsection (4), for “OFT” substitute “ CMA ”.

5

In subsection (5)—

a

for “Commission and the Secretary of State” substitute “ Secretary of State ”,

b

for “OFT” substitute “ CMA ”, and

c

for “by them” (in each place where it occurs) substitute “ by the Secretary of State ”.

6

In subsections (6) and (7), for “OFT” (in each place where it occurs) substitute “ CMA ”.

I127127

In the italic cross-heading preceding section 92, for “OFT” substitute “ CMA ”.

I128128

1

Section 92 (duty to monitor undertakings and orders) is amended as follows.

2

In subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

3

In subsection (3)—

a

in the words before paragraph (a)—

i

for “OFT” substitute “ CMA ”, and

ii

omit “the Commission or (as the case may be)”,

b

in paragraph (a)—

i

omit “the Commission or (as the case may be)”, and

ii

omit “it (or as the case may be)”, and

c

in paragraphs (b) to (d), omit “the Commission or (as the case may be)” (in each place where it occurs).

4

In subsections (4) to (6), for “OFT” (in each place where it occurs) substitute “ CMA ”.

5

In subsection (7)—

a

in the words before paragraph (a), for “OFT” substitute “ CMA ”,

b

omit paragraph (a), and

c

in paragraph (b), for “the report” substitute “ any report prepared by it under subsection (6) ”.

6

In the heading, for “OFT” substitute “ CMA ”.

I129129

1

Section 93 (further role in relation to undertakings and orders) is amended as follows.

2

In subsection (1), omit paragraph (a) and the word “or” immediately following it.

3

In subsection (2)—

a

for the words from the beginning to “authority”)” substitute “ The Secretary of State ”,

b

for “OFT” substitute “ CMA ”,

c

for “relevant authority” (in each place where it occurs) substitute “ Secretary of State ”, and

d

omit “section 80 or 82 or (as the case may be)”.

4

In subsection (3)—

a

for “relevant authority” (in each place where it occurs) substitute “ Secretary of State ”,

b

for “OFT” substitute “ CMA ”, and

c

for “OFT's” substitute “CMA's”.

5

In subsection (4)—

a

for “OFT” substitute “ CMA ”,

b

for “relevant authority” substitute “ Secretary of State ”, and

c

omit “section 80 or 82 or (as the case may be)”.

6

In subsection (6)—

a

for “relevant authority” substitute “ Secretary of State ”, and

b

for “OFT” substitute “ CMA ”.

7

In the heading, for “OFT” substitute “ CMA ”.

I130130

1

Section 94 (rights to enforce undertakings and orders) is amended as follows.

2

In subsection (6), for “OFT” substitute “ CMA ”.

3

Omit subsection (7).

I131131

1

Section 95 (rights to enforce statutory restrictions) is amended as follows.

2

In subsection (4), for “OFT or the Commission” substitute “ CMA ”.

3

In subsection (5), for “OFT” substitute “ CMA ”.

I132132

1

Section 96 (merger notices) is amended as follows.

2

In subsection (1), for “OFT” substitute “ CMA ”.

3

In subsection (5), for “OFT” substitute “ CMA ”.

I133133

1

Section 99 (certain functions in relation to merger notices) is amended as follows.

2

In subsection (1), for “OFT” (in each place where it occurs) substitute “ CMA ”.

3

In subsection (5), for “OFT” (in each place where it occurs) substitute “ CMA ”.

4

In the heading, for “OFT and Secretary of State” substitute “ CMA ”.

I134134

In section 100 (exceptions to protection given by merger notices), in subsection (1), for “OFT” (in each place where it occurs) substitute “ CMA ”.

I135135

1

Section 104 (certain duties of relevant authorities to consult) is amended as follows.

2

In subsection (6), in the definition of “relevant authority” for “OFT, the Commission” substitute “ CMA ”.

3

In that subsection, in the definition of “relevant decision”—

a

for “OFT” (in each place where it occurs) substitute “ CMA ”,

b

in paragraph (a), after sub-paragraph (ii) insert

; or
iii
on the questions mentioned in section 35(1) or (3), 36(1) or (2), 47 or 63;

c

omit paragraph (b).

I136136

In section 104A (public consultation in relation to media mergers), in subsections (1) to (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.

I137137

1

Section 105 (general information duties) is amended as follows.

2

In subsection (1), for “OFT” substitute “ CMA ”.

3

In subsection (3)—

a

in the words before paragraph (a)—

i

for “OFT” substitute “ CMA ”, and

ii

omit “Commission or”,

b

in paragraph (a), omit “the Commission or (as the case may be)” (in each place where it occurs), and

c

in paragraph (b)—

i

omit “the Commission or (as the case may be)”, and

ii

for “OFT” substitute “ CMA ”.

4

In subsection (3A)—

a

in the words before paragraph (a), for “Commission or the OFT” substitute “ CMA ”, and

b

for “Commission or (as the case may be) the OFT” (in each place where it occurs) substitute “ CMA ”.

5

In subsection (4)—

a

for “OFT” (in each place where it occurs) substitute “ CMA ”,

b

for “the Commission or OFCOM” substitute “ OFCOM ”, and

c

omit “the Commission or (as the case may be)” (in each place where it occurs).

6

In subsection (4A)—

a

for “Commission or the OFT” substitute “ CMA ”, and

b

for “Commission or (as the case may be) the OFT” (in each place where it occurs) substitute “ CMA ”.

7

In subsection (5)—

a

in the words before paragraph (a), for “OFT, OFCOM and the Commission” substitute “ CMA and OFCOM ”, and

b

in paragraph (b), for “OFT, OFCOM or (as the case may be) the Commission” substitute “ CMA or (as the case may be) OFCOM ”.

8

In subsection (6), for “OFT” (in each place where it occurs) substitute “ CMA ”.

9

In subsection (7)—

a

for “Commission” substitute “ CMA ”, and

b

for “(3), (3A), (4) or (4A)” substitute “ (3A) or (4A) ”.

10

In subsection (7A), omit the words from “and the OFT” to the end of the subsection.

11

In the heading, for “OFT and Commission” substitute “ CMA ”.

I138138

1

Section 106 (advice and information about references under sections 22 and 33) is amended as follows.

2

In subsection (1)—

a

omit “As soon as reasonably practicable after the passing of this Act,”,

b

for “the OFT” substitute “ The CMA ”, and

c

for the words from “the making” to the end of the subsection substitute

—
a
the making and consideration by it of references under section 22 or 33, and
b
the way in which relevant customer benefits may affect the taking of enforcement action in relation to such references.

3

In subsection (2), for “OFT” substitute “ CMA ”.

4

Omit subsections (3) and (4).

5

In subsection (5), in paragraph (b), for “OFT or (as the case may be) the Commission” substitute “ CMA ”.

6

In subsection (6)—

a

omit “or (3)”, and

b

for “OFT or (as the case may be) the Commission” substitute “ CMA ”.

7

In subsection (7)—

a

for “OFT or the Commission” substitute “ CMA ”, and

b

for “OFT or (as the case may be) the Commission” substitute “ CMA ”.

8

In subsection (8), for “OFT shall consult the Commission and such other persons” substitute “ CMA shall consult such persons ”.

9

Omit subsection (9).

I139139

In section 106A (advice and information in relation to media mergers), in subsection (5), for “OFT, OFCOM, the Commission” substitute “ CMA, OFCOM ”.

I140140

In section 106B (general advisory duties of OFCOM), in subsections (1) and (3), for “Commission” substitute “ CMA ”.

I141141

1

Section 107 (further publicity requirements) is amended as follows.

2

In subsection (1)—

a

for “OFT” substitute “ CMA ”,

b

in paragraph (e), omit “or 76”, and

c

omit paragraphs (g) and (h).

3

In subsection (2), for “Commission shall” substitute “ CMA shall also ”.

4

In subsection (3)—

a

in paragraph (b), for “OFT” substitute “ CMA ”, and

b

in paragraph (e), for “Commission” substitute “ CMA ”.

5

In subsection (9)—

a

in paragraph (a), for “OFT” substitute “ CMA ”, and

b

in paragraph (b), for “Commission” substitute “ CMA ”.

6

In subsection (10)—

a

in paragraph (a), for “OFT” substitute “ CMA ”, and

b

in paragraph (b), for “Commission” substitute “ CMA ”.

7

In subsection (11), for “Commission's” substitute “CMA's”.

I142142

In section 108 (defamation), for “OFT, OFCOM, the Commission” substitute “ CMA, OFCOM ”.

I143143

In section 109 (attendance of witnesses and production of documents etc.), in subsection (3)(a), for “the Commission” substitute “ the CMA ”.

I144144

In section 110 (enforcement of powers under section 109: general), in subsections (1) to (3), (6), (8) and (9), for “Commission” (in each place where it occurs) substitute “ CMA ”.

I145145

In section 111 (penalties), in subsections (1), (5) and (8), for “Commission” (in each place where it occurs) substitute “ CMA ”.

I146146

In section 112 (penalties: main procedural requirements), in subsections (1) to (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.

I147147

In section 113 (payment and interest by instalments), in subsections (3) and (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.

I148148

In section 114 (appeals in relation to penalties), in subsections (4), (5) and (7), for “Commission” (in each place where it occurs) substitute “ CMA ”.

I149149

In section 115 (recovery of penalties), for “Commission” (in each place where it occurs) substitute “ CMA ”.

I150150

In section 116 (statement of policy), in subsections (1), (3) and (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.

I151151

In section 117 (false or misleading information), in subsections (1) and (2), for “OFT, OFCOM, the Commission” (in each place where it occurs) substitute “ CMA, OFCOM ”.

I152152

1

Section 118 (excisions from reports) is amended as follows.

2

In subsection (1)—

a

in paragraph (a), for “OFT” substitute “ CMA ”, and

b

in paragraph (b), for “Commission” substitute “ CMA ”.

3

In subsection (5), for “Commission” substitute “ CMA ”.

I153153

1

Section 119 (minority reports) is amended as follows.

2

In subsection (1)—

a

omit “in pursuance of paragraph 15 of Schedule 7 to the Competition Act 1998 (c. 41)”, and

b

for “Commission” (in each place where it occurs) substitute “ CMA ”.

3

In the heading, for “Commission” substitute “ CMA ”.

I154154

1

Section 119B (monitoring role in relation to media mergers) is amended as follows.

2

In subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

3

In the heading, for “OFT” substitute “ CMA ”.

I155155

In section 120 (review of decisions under Part 3), in subsection (1)—

a

for “OFT” substitute “ CMA ”, and

b

for “the Secretary of State or the Commission” substitute “ or the Secretary of State ”.

I156156

1

Section 121 (fees) is amended as follows.

2

In subsection (1)—

a

for “OFT of” substitute “ CMA of ”, and

b

for “OFT, OFCOM and the Commission” substitute “ CMA and OFCOM ”.

3

In subsections (3), (4) and (7), for “OFT” (in each place where it occurs) substitute “ CMA ”.

4

In subsection (8)—

a

for “OFT in” substitute “ CMA in ”, and

b

for “OFT, OFCOM and the Commission” substitute “ CMA and OFCOM ”.

5

In subsection (9), for “OFT” substitute “ CMA ”.

I157157

1

Section 122 (primacy of EU law) is amended as follows.

2

In subsection (1)—

a

omit “or (3)”, and

b

for “OFT or (as the case may be) the Commission” substitute “ CMA ”.

3

In subsection (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

I158158

Section 123 (power to alter share of supply test), in subsection (4), for “OFT and the Commission” substitute “ CMA ”.

I159159

1

Section 130 (index of defined expressions) is amended as follows.

2

At the appropriate place in the table insert—

The CMA
Section 273

3

Omit the entries in the table for “The Commission” and “The OFT”.

4

In the first column of the entry for “Reports of the Commission”, for “Commission” substitute “ CMA ”.

I160160

1

Schedule 7 (enforcement regime for public interest and special interest cases) is amended as follows.

2

In paragraph 2, in sub-paragraphs (2), (10) and (11), for “OFT” (in each place where it occurs) substitute “ CMA ”.

3

In paragraph 3, in sub-paragraph (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.

4

In paragraph 4, in sub-paragraphs (2) and (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.

5

In paragraph 5, in sub-paragraphs (1) and (6), for “OFT” (in each place where it occurs) substitute “ CMA ”.

6

In paragraph 7, in sub-paragraphs (8) and (9), for “Commission” (in each place where it occurs) substitute “ CMA ”.

7

In paragraph 8—

a

in sub-paragraphs (7) and (8), for “Commission” (in each place where it occurs) substitute “ CMA ”, and

b

in sub-paragraph (11), for “OFT” substitute “ CMA ”.

8

In paragraph 10, in sub-paragraphs (1) and (6), for “OFT” (in each place where it occurs) substitute “ CMA ”.

9

In paragraph 11, in sub-paragraph (5), for “OFT” substitute “ CMA ”.

I161161

1

Schedule 8 (provision that may be contained in certain enforcement orders) is amended as follows.

2

In paragraph 8, in sub-paragraph (3), for “Commission” substitute “ CMA ”.

3

In paragraph 19, for “OFT” (in each place where it occurs) substitute “ CMA ”.

4

In paragraph 24 —

a

omit paragraph (a), and

b

in paragraph (b), for “Commission” (in each place where it occurs) substitute “ CMA ”.

I162162

In Schedule 10 (procedural requirements for certain enforcement undertakings and orders), in paragraph 2(1), for “the OFT, the Commission” substitute “ the CMA ”.

Part 4 I163163

1

Section 131 (power to make market investigation references) is amended as follows.

2

In subsection (1), for the words before “has reasonable grounds” substitute “ The CMA may, subject to subsection (4), make a reference to its chair for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 if the CMA ”.

3

In the heading, for “OFT” substitute “ CMA ”.

I164164

1

Section 132 (ministerial power to make market investigation references) is amended as follows.

2

In subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

3

In subsection (3), for “Commission” substitute “ chair of the CMA for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 ”.

I165165

In section 133 (contents of references), in subsection (2), for “Commission” substitute “ group constituted by the chair of the CMA in respect of the reference ”.

I166166

Before section 134 (but after the italic cross-heading immediately preceding it) insert—

133AFunctions to be exercised by CMA groups
1
Where a reference is made to the chair of the CMA under section 131, 132 or 140A for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, the functions of the CMA under or by virtue of the following provisions of this Part in relation to the matter concerned are to be carried out on behalf of the CMA by the group so constituted—
a
sections 134 to 138B, except for section 135(1);
b
sections 140B to 145, 148, 148A and 151;
c
sections 157 and 158;
d
section 159;
e
section 160, except for subsection (6) of that section;
f
section 161, except for subsection (5) of that section;
g
section 162(4), so far as relating to an enforcement undertaking or enforcement order made on behalf of the CMA by the group;
h
section 164(2)(b), so far as relating to an enforcement order made on behalf of the CMA by the group;
i
section 167, so far as relating to an enforcement undertaking or enforcement order made on behalf of the CMA by the group;
j
section 168;
k
section 169, so far as relating to a decision mentioned in paragraph (a)(iii) of the definition of relevant decision in subsection (6) of that section;
l
section 172, so far as relating to anything done on behalf of the CMA by the group;
m
section 174, where the permitted purpose in question relates to a function that (by virtue of this section) is being or is to be carried out on behalf of the CMA by the group;
n
sections 174A to 174D, so far as relating to a notice given under section 174 on behalf of the CMA by the group;
o
section 179(5)(b), so far as relating to a decision of the group;
p
Schedule 10, so far as relating to an enforcement undertaking or enforcement order which the group is considering accepting or making, or which the group has accepted or made, on behalf of the CMA.
2
Nothing in subsection (1) prevents the CMA Board from carrying out a function of the CMA under or by virtue of the following provisions of this Part where the group constituted as mentioned in subsection (1) has ceased to exist—
a
section 160 and Schedule 10, so far as relating to the making of an order under section 160;
b
sections 159 to 161 and Schedule 10, so far as relating to the variation, supersession or release of enforcement undertakings or the variation or revocation of enforcement orders;
c
section 162(4);
d
section 164(2)(b);
e
section 167.

I167167

1

Section 134 (questions to be decided on market investigation references) is amended as follows.

2

In subsections (1), (4), (6) and (7), for “Commission” (in each place where it occurs) substitute “ CMA ”.

3

In subsection (8)(b), for “Commission, the Secretary of State or (as the case may be) the OFT” substitute “ CMA or (as the case may be) the Secretary of State ”.

I168168

1

Section 135 (variation of references) is amended as follows.

2

In subsection (1), for “OFT” substitute “ CMA ”.

3

In subsection (2)—

a

omit “OFT or (as the case may be) the”,

b

for “Commission” substitute “ CMA ”, and

c

after “reference” insert “ made by him ”.

4

In subsection (3), for “Commission” substitute “ CMA ”.

I169169

1

Section 136 (investigations and reports on market investigation references) is amended as follows.

2

In subsections (1) to (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.

3

For subsection (4) substitute—

4
Where a reference has been made by the appropriate Minister under section 132 the CMA shall, at the same time as the report under this section is published, give it to the appropriate Minister.

4

In subsection (5)—

a

for “OFT” substitute “ CMA ”, and

b

for “Commission” substitute “ CMA ”.

5

Omit subsection (6).

I170170

In section 137 (time-limits for market investigations and reports), in subsections (1), (5) and (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.

I171171

In section 138 (duty to remedy adverse effects), in subsections (1) to (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.

I172172

In section 139 (public interest intervention by the Secretary of State), in subsection (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

I173173

In section 140 (intervention notices under section 139(1)), in subsection (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.

I174174

In section 141 (questions to be decided), in subsections (2) and (3) to (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.

I175175

1

Section 142 (investigations and reports) is amended as follows.

2

In subsections (2) and (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.

3

In the heading, for “Commission” substitute “ CMA ”.

I176176

In section 143 (publication etc. of reports), in subsections (1), (3) and (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.

I177177

In section 144 (time-limits for investigations and reports in public interest cases), in subsections (1), (4) and (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.

I178178

In section 145 (restrictions where public interest considerations not finalised), in subsections (1) to (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.

I179179

In section 146 (decision of Secretary of State), in subsections (2) to (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.

I180180

In section 147 (remedial action by Secretary of State), in subsections (3) and (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.

I181181

1

Section 148 (reversion of the matter) is amended as follows.

2

In subsections (1), (2), (6), (7) and (9), for “Commission” (in each place where it occurs) substitute “ CMA ”.

3

In subsection (10), for “Commission's” substitute “CMA's”.

I182182

In section 149 (intervention notices under section 139(2)), in subsections (1) and (5), for “OFT” (in each place where it occurs) substitute “ CMA ”.

I183183

1

Section 150 (power of veto of Secretary of State) is amended as follows.

2

In subsections (1) and (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.

3

In subsection (4), for “OFT's” substitute “CMA's”.

I184184

1

Section 151 (further interaction of intervention notices with general procedure) is amended as follows.

2

In subsection (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.

3

In subsection (4), for “Commission” (in the first place where it occurs) substitute “ CMA ”.

4

In subsection (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.

I185185

1

Section 152 (certain duties in relation to providing information) is amended as follows.

2

In subsection (1), for “OFT” substitute “ CMA ”.

3

In subsection (3)—

a

for “OFT and the Commission” substitute “ CMA ”, and

b

for “OFT or (as the case may be) the Commission” substitute “ CMA ”.

4

In the heading, for “OFT and Commission” substitute “ CMA ”.

I186186

In section 153 (specified considerations for purposes of Part 4), in subsection (4)—

a

for “OFT” substitute “ CMA ”,

b

for “by the Secretary of State,” substitute “ by the Secretary of State or ”, and

c

omit “or by the Commission”.

I187187

In section 154 (undertakings in lieu of market investigation references), in subsections (1) to (7), for “OFT” (in each place where it occurs) substitute “ CMA ”.

I188188

In section 155 (undertakings in lieu: procedural requirements), in subsections (1) to (4) and (6) to (9), for “OFT” (in each place where it occurs) substitute “ CMA ”.

I189189

In section 156 (effect of undertakings under section 154), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

I190190

In section 159 (final undertakings: Part 4), in subsections (1), (5) and (6) for “Commission” (in each place where it occurs) substitute “ CMA ”.

I191191

1

Section 160 (order-making power where final undertakings not fulfilled: Part 4) is amended as follows.

2

In subsection (1)(b), for “the relevant authority or the OFT” substitute “ a relevant person ”.

3

After subsection (1) insert—

1A
In subsection (1), a “relevant person” means—
a
in a case where the relevant authority is the CMA, the CMA;
b
in a case where the relevant authority is the Secretary of State, the Secretary of State or the CMA.

4

In subsection (6), for the words from the beginning to “OFT” substitute “ The Secretary of State shall not vary or revoke an order made by him under this section unless the CMA ”.

5

In subsection (7), in paragraph (a), for “Commission” (in each place where it occurs) substitute “ CMA ”.

I192192

1

Section 161 (final orders: Part 4) is amended as follows.

2

In subsection (1), for “Commission” substitute “ CMA ”.

3

In subsection (5), for the words from the beginning to “OFT” substitute “ The Secretary of State shall not vary or revoke an order made by him under this section unless the CMA ”.

I193193

For the italic cross-heading before section 162 substitute “ Undertakings and orders: monitoring, consultation and advice ”.

I194194

1

Section 162 (duty to monitor undertakings and orders: Part 4) is amended as follows.

2

In subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

3

In subsection (3)—

a

in the words before paragraph (a)—

i

for “OFT” substitute “ CMA ”, and

ii

omit “the Commission or (as the case may be)”,

b

in paragraph (a)—

i

omit “the Commission or (as the case may be)”, and

ii

omit “it (or as the case may be)”,

c

in paragraphs (b) to (d), omit “the Commission or (as the case may be)” (in each place where it occurs), and

d

in paragraph (e), for “167(6) to (8)” substitute “ 167(6) and (7) ”.

4

In subsection (4)—

a

in the words before paragraph (a), for “OFT” substitute “ CMA ”, and

b

after paragraph (b) (but before the “or” following it) insert—

ba
any possible variation or release by it of an enforcement undertaking accepted by it;
bb
any possible new enforcement undertaking to be accepted by it so as to supersede another enforcement undertaking given to it;
bc
any possible variation or revocation by it of an enforcement order made by it;
bd
any possible enforcement undertaking to be accepted by it instead of an enforcement order or any possible enforcement order to be made by it instead of an enforcement undertaking;

5

In subsections (5) and (6), for “OFT” (in each place where it occurs) substitute “ CMA ”.

6

In subsection (7)—

a

in the words before paragraph (a), for “OFT” substitute “ CMA ”,

b

omit paragraph (a), and

c

in paragraph (b), for “the report” substitute “ any report prepared by it under subsection (6) ”.

7

In the heading, for “OFT” substitute “ CMA ”.

I195195

1

Section 163 (further role in relation to undertakings and orders: Part 4) is amended as follows.

2

In subsection (1)—

a

omit “the Commission or”, and

b

omit “(in this section “the relevant authority”)”.

3

In subsection (2)—

a

for “relevant authority” (in each place where it occurs) substitute “ Secretary of State ”, and

b

for “OFT” substitute “ CMA ”.

4

In subsection (3)—

a

for “relevant authority” (in each place where it occurs) substitute “ Secretary of State ”,

b

for “OFT” substitute “ CMA ”, and

c

for “OFT's” substitute “CMA's”.

5

In subsection (4)—

a

for “OFT” substitute “ CMA ”, and

b

for “relevant authority” substitute “ Secretary of State ”.

6

In subsection (5)—

a

for “relevant authority” (in each place where it occurs) substitute “ Secretary of State ”, and

b

omit “itself”.

7

In subsection (6)—

a

for “relevant authority” substitute “ Secretary of State ”, and

b

for “OFT” substitute “ CMA ”.

8

For the heading substitute “ Role of CMA in relation to undertakings and orders in public interest cases: Part 4 ”.

I196196

1

Section 166 (register of undertakings and orders: Part 4) is amended as follows.

2

In subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

3

In subsection (3)—

a

in the words before paragraph (a), for “OFT” substitute “ CMA ”,

b

in paragraph (a), omit “(whether by the Commission, the Secretary of State or a relevant sectoral regulator)”, and

c

in paragraph (b), omit “(whether by the Commission, the Secretary of State or a relevant sectoral regulator)”.

4

In subsection (4), for “OFT” substitute “ CMA ”.

5

In subsection (5)—

a

omit “Commission, the”, and

b

for “OFT” substitute “ CMA ”.

6

In subsections (6) and (7), for “OFT” (in each place where it occurs) substitute “ CMA ”.

I197197

1

Section 167 (rights to enforce undertakings and orders under this Part) is amended as follows.

2

In subsection (6), for “OFT” substitute “ CMA ”.

3

In subsection (7)—

a

after “accepted” insert “ by the Secretary of State ”,

b

after “an order” insert “ made by the Secretary of State ”, and

c

for “relevant authority” substitute “ Secretary of State ”.

4

Omit subsection (8).

5

In subsection (9), for “(6) to (8)” substitute “ (6) and (7) ”.

I198198

In section 168 (regulated markets), in subsections (1), (2), (6) and (7), for “Commission” (in each place where it occurs) substitute “ CMA ”.

I199199

In section 169 (certain duties of relevant authorities to consult: Part 4), in subsection (6)—

a

in the definition of “relevant authority”, for “OFT, the appropriate Minister or the Commission” substitute “ CMA, the appropriate Minister ”,

b

in the definition of “relevant decision”, in paragraph (a), in the opening words, for “OFT” (in each place where it occurs) substitute “ CMA ”,

c

also in that paragraph of that definition, after sub-paragraph (ii) insert

; or—
iii
on the questions mentioned in section 134, 141 or 141A; and

d

also in that definition, omit paragraph (c) and the word “and” preceding it.

I200200

1

Section 170 (general information duties) is amended as follows.

2

Omit subsections (1) and (2).

3

In subsection (3)—

a

in the words before paragraph (a), for “OFT and the Commission” substitute “ CMA ”,

b

in paragraph (a), for “their possession” substitute “ its possession ”, and

c

in paragraph (b), for “OFT (or as the case may be) the Commission” substitute “ CMA ”.

4

In subsection (4), for “OFT” (in each place where it occurs) substitute “ CMA ”.

5

In subsection (5), omit the words from the beginning to “and the Secretary of State” and insert “ The Secretary of State ”.

I201201

1

Section 171 (advice and information: Part 4) is amended as follows.

2

In subsection (1)—

a

omit “As soon as reasonably practicable after the passing of this Act,”,

b

for “the OFT” substitute “ The CMA ”, and

c

for “the making of references by it under section 131” substitute

—
a
the making and consideration by it of market investigation references, and
b
the way in which relevant customer benefits may affect the taking of enforcement action in relation to such references.

3

In subsection (2), for “OFT” substitute “ CMA ”.

4

Omit subsections (3) and (4).

5

In subsection (5)(b), for “OFT or (as the case may be) the Commission” substitute “ CMA ”.

6

In subsection (6)—

a

omit “or (3)”, and

b

for “OFT or (as the case may be) the Commission” substitute “ CMA ”.

7

In subsection (7)—

a

omit “or (3)”, and

b

for “OFT or (as the case may be) the Commission” substitute “ CMA ”.

8

In subsection (8)—

a

for “OFT or the Commission” substitute “ CMA ”, and

b

for “OFT or (as the case may be) the Commission” substitute “ CMA ”.

9

In subsection (9), for “OFT shall consult the Commission and such other persons” substitute “ CMA shall consult such persons ”.

10

Omit subsection (10).

I202202

1

Section 172 (further publicity requirements: Part 4) is amended as follows.

2

In subsection (1), for “OFT” substitute “ CMA ”.

3

In subsection (2), for “Commission shall” substitute “ CMA shall also ”.

4

In subsection (10), for “Commission's” substitute “CMA's”.

I203203

In section 173 (defamation)—

a

for “OFT” substitute “ CMA ”,

b

for “by the Secretary of State,” substitute “ by the Secretary of State or ”, and

c

omit “or by the Commission”.

I204204

In section 174 (investigatory powers), in subsections (3) to (5), for “OFT” (in each place where it occurs) substitute “ CMA ”.

I205205

In section 177 (excisions from reports: Part 4), in subsections (1), (4) and (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.

I206206

1

Section 178 (minority reports: Part 4) is amended as follows.

2

In subsection (1)—

a

omit “in pursuance of paragraph 15 of Schedule 7 to the Competition Act 1998 (c. 41)”, and

b

for “Commission” (in each place where it occurs) substitute “ CMA ”.

3

In the heading, for “Commission” substitute “ CMA ”.

I207207

In section 179 (review of decisions under Part 4), in subsection (1)—

a

for “OFT” substitute “ CMA ”, and

b

for “, the Secretary of State or the Commission” substitute “ or the Secretary of State ”.

I208208

In section 183 (interpretation of Part 4), in subsection (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.

I209209

1

Section 184 (index of defined expressions: Part 4) is amended as follows.

2

At the appropriate place in the table insert—

The CMA
Section 273

3

Omit the entries in the table for “The Commission” and “The OFT”.

4

In the first column of the entry in the table for “Reports of the Commission”, for “Commission” substitute “ CMA ”.

Part 6 I210210

In section 190 (cartel offence: prosecution), in subsections (2)(b) and (4), for “OFT” substitute “ CMA ”.

I211211

In section 192 (investigation of cartel offences), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

I212212

In section 193 (powers when conducting an investigation), in subsections (1) to (4), for “OFT” (in each place where it occurs) substitute “ CMA ”.

I213213

In section 194 (power to enter premises under a warrant), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

I214214

In section 195 (exercise of powers by authorised person), in subsection (1), for “OFT” (in both places where it occurs) substitute “ CMA ”.

I215215

In section 196 (privileged information etc), in subsection (2)(b), for “OFT” substitute “ CMA ”.

I216216

In section 201 (offences), in subsection (4)(a), for “OFT” substitute “ CMA ”.

Part 11 I217217

1

Section 273 (interpretation) is amended as follows.

2

For the definition of “the Commission” substitute—

“the CMA” means the Competition and Markets Authority;

3

Omit the definition of “the OFT”.

PART 3Abolition of the Competition Commission

Amendments of the 1998 Act

I218218

The 1998 Act is amended as follows.

I219219

In the heading of Chapter 4 of Part 1, omit “The Competition Commission and”.

I220220

Omit section 45 (establishment of Competition Commission) and the cross- heading preceding it.

I221221

In section 59 (interpretation of Part 1), in subsection (1), in the definition of “the Commission”, omit “(except in relation to the Competition Commission)”.

I222222

Omit Schedule 7 (Competition Commission).

I223223

Omit Schedule 7A (Competition Commission: procedural rules for mergers and markets refinances).

Amendments of the 2002 Act

I224224

The 2002 Act is amended as follows.

I225225

Omit sections 185 to 187 (the Competition Commission).

I226226

In Schedule 3 (the Competition Service), omit Part 2 (transfers of property etc between the Competition Commission and the Competition Service).

I227227

Omit Schedule 11 (the Competition Commission).

I228228

Omit Schedule 12 (Competition Commission: certain procedural rules).

PART 4Abolition of the Office of Fair Trading

I229229

Omit sections 1 to 4 of, and Schedule 1 to, the 2002 Act (which make provision about the establishment of the Office of Fair Trading), and the italic cross-heading preceding section 1.

SCHEDULES

SCHEDULE 5Amendments related to Part 3

PART 1Transfer of functions under the 1998 Act to the CMA

I11

I22

I33

I44

I55

1

2

3

I66

I77

I88

1

2

3

a

b

I99

I1010

I1111

I1212

I1313

I1414

I1515

I1616

I1717

I1818

I1919

I2020

I2121

I2222

I2323

I2424

I2525

I2626

I2727

I2828

I2929

I3030

I3131

1

2

3

4

I3232

1

2

3

4

I3333

I3434

I3535

I3636

1

2

3

a

b

4

5

I3737

I3838

1

2

a

b

3

I3939

I4040

a

b

I4141

I4242

I4343

I4444

I4545

1

2