SCHEDULES

SCHEDULE 5Amendments related to Part 3

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

Part 4

201

(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).