Enterprise and Regulatory Reform Act 2013

Valid from 01/04/2014

Part 4 U.K.

163 (1) Section 131 (power to make market investigation references) is amended as follows. U.K.

(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 ”.

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

(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 ”.

165 U.K. 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 ”.

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

“133A Functions 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.”

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

(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 ”.

168 (1) Section 135 (variation of references) is amended as follows. U.K.

(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 ”.

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

(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).

170 U.K. 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 ”.

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

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

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

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

175 (1) Section 142 (investigations and reports) is amended as follows. U.K.

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

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

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

177 U.K. 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 ”.

178 U.K. 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 ”.

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

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

181 (1) Section 148 (reversion of the matter) is amended as follows. U.K.

(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”.

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

183 (1) Section 150 (power of veto of Secretary of State) is amended as follows. U.K.

(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”.

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

(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 ”.

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

(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 ”.

186 U.K. 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”.

187 U.K. 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 ”.

188 U.K. 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 ”.

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

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

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

(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 ”.

192 (1) Section 161 (final orders: Part 4) is amended as follows. U.K.

(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 ”.

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

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

(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 ”.

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

(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 ”.

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

(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 ”.

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

(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) ”.

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

199 U.K. 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”, and

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

200 (1) Section 170 (general information duties) is amended as follows. U.K.

(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 ”.

201 (1) Section 171 (advice and information: Part 4) is amended as follows. U.K.

(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).

202 (1) Section 172 (further publicity requirements: Part 4) is amended as follows. U.K.

(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”.

203 U.K. 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”.

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

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

206 (1) Section 178 (minority reports: Part 4) is amended as follows. U.K.

(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 ”.

207 U.K. 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 ”.

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

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

(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 ”.