SCHEDULES

SCHEDULE 5Amendments related to Part 3

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

Part 4

191

(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 ”.