SCHEDULE 5Amendments related to Part 3
PART 2Transfer of functions under the 2002 Act to the CMA
Part 3
72
(1)
Section 33 (duty to make references in relation to anticipated 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
”
,
(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
”
.