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Enterprise and Regulatory Reform Act 2013, SCHEDULE 6 is up to date with all changes known to be in force on or before 22 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
Section 26(4)
1U.K.The Competition Act 1980 is amended as follows.
Commencement Information
I1Sch. 6 para. 1 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
2(1)Section 11 (reference of public bodies and certain other persons to the Commission) is amended as follows.U.K.
(2)In subsections (1), (5), (6), (8) and (10), for “Commission” (in each place where it occurs) substitute “ CMA ” .
(3)After subsection (10) insert—
“(10A)The functions of the CMA with respect to a reference under this section (including functions under sections 109 to 115 of the Enterprise Act 2002, as applied by section 11B) are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013.”
(4)In the heading, for “Commission” substitute “ CMA ”.
Commencement Information
I2Sch. 6 para. 2 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
3U.K.In section 11A (references under section 11: time-limits), in subsections (2) and (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.
Commencement Information
I3Sch. 6 para. 3 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
4(1)Section 11C (references under section 11: further supplementary provisions) is amended as follows.U.K.
(2)In subsection (1), for the words from “the words” to the end, substitute “—
(a)the words “, OFCOM or the Secretary of State” were omitted, and
(b)for the words “their functions” there were substituted “ its functions ”.”
(3)In subsection (3)—
(a)for “Commission” substitute “ CMA ”, and
(b)for the words from “in connection with” to the end, substitute “ by the chair of the CMA for the purpose of carrying out the functions of the CMA with respect to the reference ”.
Commencement Information
I4Sch. 6 para. 4 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
5U.K.In section 12 (orders following report under section 11), in subsections (1) to (3) and (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.
Commencement Information
I5Sch. 6 para. 5 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
6U.K.In section 16 (general provisions as to reports), in subsection (2), for “Commission” substitute “ CMA ”.
Commencement Information
I6Sch. 6 para. 6 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
7U.K.In section 17 (laying before Parliament and publication of reports), in subsection (6), for “Commission” substitute “ CMA ”.
Commencement Information
I7Sch. 6 para. 7 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
8U.K.In section 33 (short title, interpretation, etc), in subsection (2), for “ “the Commission”” substitute “ “the CMA” ”.
Commencement Information
I8Sch. 6 para. 8 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
9SThe Solicitors (Scotland) Act 1980 is amended as follows.
Commencement Information
I9Sch. 6 para. 9 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
10SIn section 25A (rights of audience in the Court of Session etc), in subsections (9) and (11), for “Director” (in each place where it occurs) substitute “ CMA ”.
Commencement Information
I10Sch. 6 para. 10 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
11(1)Section 64A (advisory and supervisory functions) is amended as follows.S
(2)In subsections (1) and (2), for “Director” (in each place where it occurs) substitute “ CMA ”.
(3)In subsection (3)—
(a)for “Director has completed his consideration he” substitute “ CMA has completed its consideration, the CMA ”, and
(b)for “he thinks” substitute “ it thinks ”.
(4)In subsection (4), for “The Director may publish any advice given by him” substitute “ The CMA may publish advice given ”.
(5)In subsection (5)—
(a)for “Director” substitute “ CMA ”, and
(b)for “Director's” substitute “CMA's”.
(6)In subsection (6), for “Director” substitute “ CMA ”.
(7)In the heading, for “Director General of Fair Trading” substitute “ Competition and Markets Authority ”.
Commencement Information
I11Sch. 6 para. 11 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
12(1)Section 64C (investigatory powers) is amended as follows.S
(2)In subsection (1)—
(a)for “Director” substitute “ CMA ”, and
(b)for “him” (in each place where it occurs) substitute “ the CMA ”.
(3)After subsection (2) insert—
“(2A)A notice under this section may be issued on the CMA's behalf by any member of the CMA Board.”
(4)In the heading, for “Director” substitute “ Competition and Markets Authority ”.
Commencement Information
I12Sch. 6 para. 12 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
13SIn section 64CA (enforcement of notices under section 64C), in subsections (1) and (2), for “Office of Fair Trading” (in each place where it occurs) substitute “ CMA ”.
Commencement Information
I13Sch. 6 para. 13 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
14(1)In section 65 (interpretation), in subsection (1)—S
(a)before the definition of “the Council” insert—
““the CMA” means the Competition and Markets Authority;
“the CMA Board” has the same meaning as in Schedule 4 to the Enterprise and Regulatory Reform Act 2013;”, and”
(b)omit the definition of “the Director”.
Commencement Information
I14Sch. 6 para. 14 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
15E+W+SThe Gas Act 1986 is amended as follows.
Commencement Information
I15Sch. 6 para. 15 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
16(1)Section 23B (appeals) is amended as follows.E+W+S
(2)In subsection (1), for “Competition Commission (“the Commission”)” substitute “ CMA ”.
(3)In subsections (3) and (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(4)In the heading, for “Competition Commission” substitute “ CMA ”.
Commencement Information
I16Sch. 6 para. 16 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
17(1)Section 23C (procedure on appeal) is amended as follows.E+W+S
(2)Omit subsection (1).
(3)In subsection (2), omit “Instead,”.
(4)After subsection (2) insert—
“(2A)Except where specified otherwise in Schedule 4A, the functions of the CMA with respect to an appeal under section 23B are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013.”
(5)In the heading, for “Commission” substitute “ CMA ”.
Commencement Information
I17Sch. 6 para. 17 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
18(1)Section 23D (determination of appeal) is amended as follows.E+W+S
(2)In subsections (2) to (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(3)In the heading, for “Commission” substitute “ CMA ”.
Commencement Information
I18Sch. 6 para. 18 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
19(1)Section 23E (powers on allowing appeal) is amended as follows.E+W+S
(2)In subsection (1), for “Commission” substitute “ CMA ”.
(3)In subsection (2)—
(a)for “Commission” (in each place where it occurs) substitute “ CMA ”, and
(b)for “Commission's” substitute “CMA's”.
(4)In subsection (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(5)In subsection (7), for “Commission's” substitute “CMA's”.
(6)In the heading, for “Commission's” substitute “CMA's”.
Commencement Information
I19Sch. 6 para. 19 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
20(1)Section 23F (time limits for determination of appeal) is amended as follows.E+W+S
(2)In subsections (1), (3) to (5) and (7), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(3)In the heading, for “Commission” substitute “ CMA ”.
Commencement Information
I20Sch. 6 para. 20 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
21(1)Section 23G (supplementary provision about determination of appeal) is amended as follows.E+W+S
(2)In subsection (1), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(3)In subsection (2)—
(a)for “Commission” substitute “ CMA ”, and
(b)for “Commission's” (in each place where it occurs) substitute “CMA's”.
(4)In subsection (3), for “Commission” substitute “ CMA ”.
(5)In the heading, for “Commission” substitute “ CMA ”.
Commencement Information
I21Sch. 6 para. 21 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
22E+W+SIn section 27 (modification by order under other enactments), in subsection (1), for “Office of Fair Trading, the Competition Commission” substitute “ CMA ”.
Commencement Information
I22Sch. 6 para. 22 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
23(1)Section 41D (application by Authority for order including new activities) is amended as follows.E+W+S
(2)In subsection (3), for the words from “shall” to the end, substitute “ shall, before making the application, make a reference under section 41E to the CMA ”.
(3)In subsections (4) and (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(4)After subsection (6), insert—
“(7)The functions of the CMA with respect to a reference under section 41E (including functions under sections 109 to 115 of the Enterprise Act 2002, as applied by section 41EB) are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013.”
Commencement Information
I23Sch. 6 para. 23 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
24(1)Section 41E (references) is amended as follows.E+W+S
(2)In subsection (1)—
(a)for “Competition Commission” substitute “ CMA ”, and
(b)for “the Commission” substitute “ the CMA ”.
(3)In subsections (2), (3), (5) and (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(4)In the heading, for “Competition Commission” substitute “ CMA ”.
Commencement Information
I24Sch. 6 para. 24 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
25E+W+SIn section 41EA (references under section 41E: time limits), in subsections (2) and (3), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
Commencement Information
I25Sch. 6 para. 25 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
26E+W+SIn section 41EB (references under section 41E: application of the Enterprise Act 2002), in subsection (4)—
(a)for “Competition Commission” substitute “ CMA ”, and
(b)for the words from “the words” to the end, substitute “—
(a)the words “, OFCOM or the Secretary of State” were omitted; and
(b)for the words “their functions” there were substituted “ its functions ”.”
Commencement Information
I26Sch. 6 para. 26 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
27(1)Section 41F (reports on references) is amended as follows.E+W+S
(2)In subsection (1), for “Competition Commission” substitute “ CMA ”.
(3)In subsections (2) and (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(4)In subsection (3A)—
(a)for “Competition Commission” substitute “ CMA ”, and
(b)for the words from “in connection with” to the end, substitute “ by the chair of the CMA for the purpose of carrying out the functions of the CMA with respect to the reference ”.
(5)In subsections (3B) to (4C), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
(6)In subsection (5), for “Commission” substitute “ CMA ”.
Commencement Information
I27Sch. 6 para. 27 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
28E+W+SIn section 48 (interpretation of Part 1), in subsection (1), after the definition of “calorific value” insert—
““the CMA” means the Competition and Markets Authority;”.
Commencement Information
I28Sch. 6 para. 28 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
29(1)Schedule 4A (procedure for appeals under section 23B) is amended as follows.E+W+S
(2)In paragraph 1—
(a)in sub-paragraphs (1) and (7), for “Commission” (in each place where it occurs) substitute “ CMA ”,
(b)in sub-paragraph (8)—
(i)for “Commission's” substitute “CMA's”, and
(ii)for “Commission” substitute “ CMA ”,
(c)in sub-paragraph (9)—
(i)for “deciding” substitute “ the authorised member decides ”, and
(ii)for “the Commission must give the Authority” substitute “ the Authority must be given ”,
(d)in sub-paragraph (10), for “Commission's” substitute “CMA's”,
(e)in sub-paragraph (12), for “the Commission must” substitute “ an authorised member of the CMA must ”, and
(f)in sub-paragraph (13)—
(i)for “of the Commission” substitute “ of the CMA ”, and
(ii)for “as the Commission” substitute “ as an authorised member of the CMA ”.
(3)In paragraph 2—
(a)in sub-paragraph (1), for “Commission” substitute “ CMA ”,
(b)in sub-paragraph (2)(b), for “the Commission has given the Authority” substitute “ the Authority has been given ”,
(c)in sub-paragraph (3), for “Commission's” substitute “CMA's”,
(d)in sub-paragraph (4), for “Commission” substitute “ CMA ”,
(e)in sub-paragraph (5)—
(i)for “Commission's” substitute “CMA's”, and
(ii)for “Commission” substitute “ CMA ”, and
(f)in sub-paragraph (6)—
(i)in paragraph (a), for “Commission” substitute “ CMA ”, and
(ii)in paragraph (b), for “the Commission” substitute “ an authorised member of the CMA ”.
(4)In paragraph 3, in sub-paragraphs (1) and (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(5)In paragraph 4—
(a)omit sub-paragraph (1),
(b)in sub-paragraph (2)—
(i)after “group” insert “ constituted by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 for the purpose of carrying out functions of the CMA with respect to an appeal under section 23B ”, and
(ii)for “Commission” substitute “ CMA panel ”,
(c)omit sub-paragraphs (3) to (7), and
(d)in sub-paragraph (8), for “a group” substitute “ the group ”.
(6)In paragraph 5, in sub-paragraph (1)—
(a)for “The group with the function of determining an appeal” substitute “ The CMA ”, and
(b)for “determination of the appeal” substitute “ determination of an appeal ”.
(7)In paragraph 6—
(a)in sub-paragraph (1), for “Commission” (in each place where it occurs) substitute “ CMA ”,
(b)in sub-paragraph (4)—
(i)for “The Commission may take copies” substitute “ An authorised member of the CMA may, for the purpose of the exercise of the functions of the CMA, make arrangements for copies to be taken ”, and
(ii)omit “to it”, and
(c)in sub-paragraph (5), in paragraph (a), for the words from “Commission's” to the end of paragraph (a), substitute “ CMA's behalf by an authorised member of the CMA ”.
(8)In paragraph 7—
(a)in sub-paragraph (2), for “Commission” substitute “ CMA ”,
(b)in sub-paragraph (5)(a), for “the Commission is not required” substitute “ there is no requirement ”,
(c)in sub-paragraph (7), for “the Commission must pay that person” substitute “ an authorised member of the CMA must arrange for that person to be paid ”, and
(d)in sub-paragraph (8), for the words from “Commission's” to the end, substitute “ CMA's behalf by an authorised member of the CMA ”.
(9)In paragraph 8—
(a)in sub-paragraph (1), for “Commission” substitute “ CMA ”, and
(b)in sub-paragraph (4), for the words from “Commission's” to the end, substitute “ CMA's behalf by an authorised member of the CMA ”.
(10)In paragraph 9, for “Commission” substitute “ CMA ”.
(11)In paragraph 10, in sub-paragraph (1), for “a member of the Commission” substitute “ an authorised member of the CMA ”.
(12)In paragraph 11, in sub-paragraphs (1), (3) and (4), for “Commission” (in each place where it occurs) substitute “ CMA Board ”.
(13)In paragraph 12, in sub-paragraphs (1) and (2), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(14)In paragraph 13, in sub-paragraph (1)—
(a)for the definition of “authorised member of the Commission” substitute—
““authorised member of the CMA”—
(a)in relation to a power exercisable in connection with an appeal in respect of which a group has been constituted by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, means a member of that group who has been authorised by the chair of the CMA to exercise that power;
(b)in relation to a power exercisable in connection with an application for permission to bring an appeal, or otherwise in connection with an appeal in respect of which a group has not been so constituted by the chair of the CMA, means—
(i)any member of the CMA Board who is also a member of the CMA panel, or
(ii)any member of the CMA panel authorised by the Secretary of State (whether generally or specifically) to exercise the power in question.”,
(b)omit the definition of “the Chairman”,
(c)for the definition of “the Commission” substitute—
““CMA Board” and “CMA panel” have the same meaning as in Schedule 4 to the Enterprise and Regulatory Reform Act 2013;”, and
(d)omit the definition of a “group”.
Commencement Information
I29Sch. 6 para. 29 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
30E+W+SThe Electricity Act 1989 is amended as follows.
Commencement Information
I30Sch. 6 para. 30 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
31(1)Section 11C (appeals) is amended as follows.E+W+S
(2)In subsection (1), for “Competition Commission (“the Commission”)” substitute “ CMA ”.
(3)In subsections (3) and (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(4)In the heading, for “Competition Commission” substitute “ CMA ”.
Commencement Information
I31Sch. 6 para. 31 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
32(1)Section 11D (procedure on appeal) is amended as follows.E+W+S
(2)Omit subsection (1).
(3)In subsection (2), omit “Instead,”.
(4)After subsection (2) insert—
“(2A)Except where specified otherwise in Schedule 5A, the functions of the CMA with respect to an appeal under section 11C are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013.”
(5)In the heading, for “Commission” substitute “ CMA ”.
Commencement Information
I32Sch. 6 para. 32 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
33(1)Section 11E (determination of appeal) is amended as follows.E+W+S
(2)In subsections (2) to (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(3)In the heading, for “Commission” substitute “ CMA ”.
Commencement Information
I33Sch. 6 para. 33 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
34(1)Section 11F (powers on allowing appeal) is amended as follows.E+W+S
(2)In subsection (1), for “Commission” substitute “ CMA ”.
(3)In subsection (2)—
(a)for “Commission” (in each place where it occurs) substitute “ CMA ”, and
(b)for “Commission's” substitute “CMA's”.
(4)In subsection (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(5)In subsection (7), for “Commission's” substitute “CMA's”.
(6)In the heading, for “Commission's” substitute “CMA's”.
Commencement Information
I34Sch. 6 para. 34 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
35(1)Section 11G (time limits for determination of appeal) is amended as follows.E+W+S
(2)In subsection (1), for “Commission” substitute “ CMA ”.
(3)In subsections (3) to (5) and (7), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(4)In the heading, for “Commission” substitute “ CMA ”.
Commencement Information
I35Sch. 6 para. 35 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
36(1)Section 11H (supplementary provision about determination of appeal) is amended as follows.E+W+S
(2)In subsection (1), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(3)In subsection (2)—
(a)for “Commission” substitute “ CMA ”, and
(b)for “Commission's” (in each place where it occurs) substitute “CMA's”.
(4)In subsection (3), for “Commission” substitute “ CMA ”.
(5)In the heading, for “Commission” substitute “ CMA ”.
Commencement Information
I36Sch. 6 para. 36 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
37E+W+SIn section 15 (modification by order under other enactments), in subsection (1) for “Office of Fair Trading, the Competition Commission” substitute “ CMA ”.
Commencement Information
I37Sch. 6 para. 37 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
38(1)Section 56B (application for order including new activities) is amended as follows.E+W+S
(2)In subsection (3), for the words from “shall” to the end, substitute “ shall, before making the application, make a reference under section 56C to the CMA ”.
(3)In subsections (4) and (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(4)After subsection (6), insert—
“(7)The functions of the CMA with respect to a reference under section 56C (including functions under sections 109 to 115 of the Enterprise Act 2002, as applied by section 56CB) are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013.”
Commencement Information
I38Sch. 6 para. 38 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
39(1)Section 56C (references) is amended as follows.E+W+S
(2)In subsection (1)—
(a)for “Competition Commission” substitute “ CMA ”, and
(b)for “the Commission” substitute “ the CMA ”.
(3)In subsections (2), (3), (5) and (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(4)In the heading, for “Competition Commission” substitute “ CMA ”.
Commencement Information
I39Sch. 6 para. 39 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
40E+W+SIn section 56CA (references under section 56C: time limits), in subsections (2) and (3), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
Commencement Information
I40Sch. 6 para. 40 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
41E+W+SIn section 56CB (references under section 56C: application of Enterprise Act 2002), in subsection (4)—
(a)for “Competition Commission” substitute “ CMA ”, and
(b)for the words from “the words” to the end, substitute “—
(a)the words “, OFCOM or the Secretary of State” were omitted; and
(b)for the words “their functions” there were substituted “ its functions ”.”
Commencement Information
I41Sch. 6 para. 41 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
42(1)Section 56D (reports on references) is amended as follows.E+W+S
(2)In subsection (1), for “Competition Commission” substitute “ CMA ”.
(3)In subsections (2) and (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(4)In subsection (3A)—
(a)for “Competition Commission” substitute “ CMA ”, and
(b)for the words from “in connection with” to the end, substitute “ by the chair of the CMA for the purpose of carrying out the functions of the CMA with respect to the reference ”.
(5)In subsections (3B) to (4C), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
(6)In subsection (5), for “Commission” substitute “ CMA ”.
Commencement Information
I42Sch. 6 para. 42 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
43E+W+SIn section 64 (interpretation etc of Part 1), in subsection (1), after the definition of “authorised supplier” insert—
““the CMA” means the Competition and Markets Authority;”.
Commencement Information
I43Sch. 6 para. 43 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
44(1)Schedule 5A (procedure for appeals under section 11C) is amended as follows.E+W+S
(2)In paragraph 1—
(a)in sub-paragraphs (1) and (7), for “Commission” (in each place where it occurs) substitute “ CMA ”,
(b)in sub-paragraph (8)—
(i)for “Commission's” substitute “CMA's”, and
(ii)for “Commission” substitute “ CMA ”,
(c)in sub-paragraph (9)—
(i)for “deciding” substitute “ the authorised member decides ”, and
(ii)for “the Commission must give the Authority” substitute “ the Authority must be given ”,
(d)in sub-paragraph (10), for “Commission's” substitute “CMA's”,
(e)in sub-paragraph (12), for “the Commission must” substitute “ an authorised member of the CMA must ”, and
(f)in sub-paragraph (13)—
(i)for “of the Commission” substitute “ of the CMA ”, and
(ii)for “as the Commission” substitute “ as an authorised member of the CMA ”.
(3)In paragraph 2—
(a)in sub-paragraph (1) for “Commission” substitute “ CMA ”,
(b)in sub-paragraph (2)(b), for “the Commission has given the Authority” substitute “ the Authority has been given ”,
(c)in sub-paragraph (3), for “Commission's” substitute “CMA's”,
(d)in sub-paragraph (4), for “Commission” substitute “ CMA ”,
(e)in sub-paragraph (5)—
(i)for “Commission's” substitute “CMA's”, and
(ii)for “Commission” substitute “ CMA ”, and
(f)in sub-paragraph (6)—
(i)in paragraph (a), for “Commission” substitute “ CMA ”, and
(ii)in paragraph (b), for “the Commission” substitute “ an authorised member of the CMA ”.
(4)In paragraph 3, in sub-paragraphs (1) and (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(5)In paragraph 4—
(a)omit sub-paragraph (1),
(b)in sub-paragraph (2)—
(i)after “group” insert “ constituted by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 for the purpose of carrying out functions of the CMA with respect to an appeal under section 11C ”, and
(ii)for “Commission” substitute “ CMA panel ”,
(c)omit sub-paragraphs (3) to (7), and
(d)in sub-paragraph (8), for “a group” substitute “ the group ”.
(6)In paragraph 5, in sub-paragraph (1)—
(a)for “The group with the function of determining an appeal” substitute “ The CMA ”, and
(b)for “determination of the appeal” substitute “ determination of an appeal ”.
(7)In paragraph 6—
(a)in sub-paragraph (1), for “Commission” (in each place where it occurs) substitute “ CMA ”,
(b)in sub-paragraph (4)—
(i)for “The Commission may take copies” substitute “ An authorised member of the CMA may, for the purpose of the exercise of the functions of the CMA, make arrangements for copies to be taken ”, and
(ii)omit “to it”, and
(c)in sub-paragraph (5), in paragraph (a), for the words from “Commission's” to the end of paragraph (a), substitute “ CMA's behalf by an authorised member of the CMA ”.
(8)In paragraph 7—
(a)in sub-paragraph (2), for “Commission” substitute “ CMA ”,
(b)in sub-paragraph (5)(a), for “the Commission is not required” substitute “ there is no requirement ”,
(c)in sub-paragraph (7), for “the Commission must pay that person” substitute “ an authorised member of the CMA must arrange for that person to be paid ”, and
(d)in sub-paragraph (8), for the words from “Commission's” to the end, substitute “ CMA's behalf by an authorised member of the CMA ”.
(9)In paragraph 8—
(a)in sub-paragraph (1), for “Commission” substitute “ CMA ”, and
(b)in sub-paragraph (4), for the words from “Commission's” to the end, substitute “ CMA's behalf by an authorised member of the CMA ”.
(10)In paragraph 9, for “Commission” substitute “ CMA ”.
(11)In paragraph 10, in sub-paragraph (1), for “a member of the Commission” substitute “ an authorised member of the CMA ”.
(12)In paragraph 11, in sub-paragraphs (1), (3) and (4), for “Commission” (in each place where it occurs) substitute “ CMA Board ”.
(13)In paragraph 12, in sub-paragraphs (1) and (2), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(14)In paragraph 13, in sub-paragraph (1)—
(a)for the definition of “authorised member of the Commission” substitute—
““authorised member of the CMA”—
(a)in relation to a power exercisable in connection with an appeal in respect of which a group has been constituted by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, means a member of that group who has been authorised by the chair of the CMA to exercise that power;
(b)in relation to a power exercisable in connection with an application for permission to bring an appeal, or otherwise in connection with an appeal in respect of which a group has not been so constituted by the chair of the CMA, means—
(i)any member of the CMA Board who is also a member of the CMA panel, or
(ii)any member of the CMA panel authorised by the Secretary of State (whether generally or specifically) to exercise the power in question.”,
(b)omit the definition of “the Chairman”,
(c)for the definition of “the Commission” substitute—
““CMA Board” and “CMA panel” have the same meaning as in Schedule 4 to the Enterprise and Regulatory Reform Act 2013;”, and
(d)omit the definition of a “group”.
Commencement Information
I44Sch. 6 para. 44 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
45SThe Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 is amended as follows.
Commencement Information
I45Sch. 6 para. 45 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
46SIn section 26 (consideration of applications made under section 25), in subsection (3), for “Director” substitute “ CMA ”.
Commencement Information
I46Sch. 6 para. 46 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
47SIn section 31 (rules of conduct), in subsection (2), for “Director” (in each place where it occurs) substitute “ CMA ”.
Commencement Information
I47Sch. 6 para. 47 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
48(1)Section 40 (advisory and supervisory functions of Director) is amended as follows.S
(2)In subsections (1) and (2), for “Director” (in each place where it occurs) substitute “ CMA ”.
(3)In subsection (3)—
(a)for “Director has completed his consideration he” substitute “ CMA has completed its consideration it ”, and
(b)for “as he” substitute “ as it ”.
(4)In subsection (4), for “The Director may publish any advice given by him” substitute “ The CMA may publish any advice given ”.
(5)In subsection (5)—
(a)for “Director” substitute “ CMA ”, and
(b)for “Director's” substitute “CMA's”.
(6)In the heading, for “Director” substitute “ CMA ”.
Commencement Information
I48Sch. 6 para. 48 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
49(1)Section 41 (investigatory powers of Director) is amended as follows.S
(2)In subsection (1)—
(a)for “Director” substitute “ CMA ”, and
(b)in paragraphs (a) and (b), for “him” in each place substitute “ the CMA ”.
(3)In the heading, for “Director” substitute “ CMA ”.
Commencement Information
I49Sch. 6 para. 49 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
50SIn section 41A (enforcement of notices under section 41), in subsections (1) and (2), for “Office of Fair Trading” (in each place where it occurs) substitute “ CMA ”.
Commencement Information
I50Sch. 6 para. 50 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
51SIn section 44 (interpretation of Part 2)—
(a)after the definition of “advocate” insert—
““the CMA” means the Competition and Markets Authority;”, and
(b)omit the definition of “the OFT”.
Commencement Information
I51Sch. 6 para. 51 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
52E+WThe Water Industry Act 1991 is amended as follows.
Commencement Information
I52Sch. 6 para. 52 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
53(1)Section 12 (determinations under conditions of appointment) is amended as follows.E+W
(2)In subsection (2)—
(a)for “Competition Commission” substitute “ CMA ”, and
(b)for “the Commission” substitute “ the CMA ”.
(3)In subsection (3)—
(a)for “Competition Commission” substitute “ CMA ”, and
(b)for “that Commission” (in each place where it occurs) substitute “ the CMA ”.
(4)In subsection (3A), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(5)In subsections (3B) and (3C), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
(6)After subsection (3C) insert—
“(3D)The functions of the CMA with respect to a reference under this section are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (including functions relating to the making of modifications following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act 2002, as applied by subsection (3B) read with section 16B).”
Commencement Information
I53Sch. 6 para. 53 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
54(1)Section 14 (modification references) is amended as follows.E+W
(2)In subsection (1)—
(a)for “Competition Commission” substitute “ CMA ”, and
(b)for “the Commission” substitute “ the CMA ”.
(3)In subsection (2)—
(a)for “Competition Commission” substitute “ CMA ”, and
(b)for “the Commission” substitute “ the CMA ”.
(4)In subsection (3), for “Competition Commission” substitute “ CMA ”.
(5)In subsection (5)—
(a)for “Competition Commission” substitute “ CMA ”, and
(b)for “the Commission” (in each place where it occurs) substitute “ the CMA ”.
(6)In subsection (6), for “Competition Commission” substitute “ CMA ”.
(7)After subsection (6) insert—
“(6A)The functions of the CMA with respect to a reference under this section are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (including functions relating to the making of modifications following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act 2002, as applied by sections 14B and 16B).”
(8)In the heading, for “Monopolies Commission” substitute “ CMA ”.
Commencement Information
I54Sch. 6 para. 54 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
55E+WIn section 14A (references under section 14: time limits), in subsections (2) and (3), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
Commencement Information
I55Sch. 6 para. 55 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
56(1)Section 15 (reports on modification references) is amended as follows.E+W
(2)In subsection (1), for “Competition Commission” substitute “ CMA ”.
(3)In subsection (1A)—
(a)for “Competition Commission” substitute “ CMA ”, and
(b)for the words from “in connection with the reference” to the end, substitute “ by the chair of the CMA for the purpose of carrying out the functions of the CMA with respect to the reference ”.
(4)In subsections (1B), (3) to (3C) and (4), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
Commencement Information
I56Sch. 6 para. 56 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
57E+WIn section 16 (modification following report), in subsections (1) and (4A), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
Commencement Information
I57Sch. 6 para. 57 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
58(1)Section 16A (power of veto following report) is amended as follows.E+W
(2)In subsection (1), for the words from the beginning to “the Commission”)” substitute “ The CMA ”.
(3)In subsections (2) to (9), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(4)Omit subsection (10).
(5)In the heading, for “Commission's” substitute “CMA's”.
Commencement Information
I58Sch. 6 para. 58 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
59(1)Section 16B (power of veto following report: supplementary) is amended as follows.E+W
(2)In subsections (2) to (4), (6) and (8), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(3)In the heading, for “Commission's” substitute “CMA's”.
Commencement Information
I59Sch. 6 para. 59 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
60E+WIn section 17 (modification by order under other enactments), in subsection (1), for “OFT, the Competition Commission” substitute “ CMA ”.
Commencement Information
I60Sch. 6 para. 60 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
61(1)Section 17K (water supply licences: modification references) is amended as follows.E+W
(2)In subsection (1)—
(a)for the words from “Competition Commission” to “the Commission”)” substitute “ CMA ”, and
(b)for “Commission to” substitute “ CMA to ”.
(3)In subsections (2) to (4), (6), (7) and (9), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(4)After subsection (9) insert—
“(10)The functions of the CMA with respect to a reference under this section are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (including functions relating to the making of modifications following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act 2002, as applied by sections 17M and 17Q).”
(5)In the heading, for “Competition Commission” substitute “ CMA ”.
Commencement Information
I61Sch. 6 para. 61 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
62E+WIn section 17L (references under section 17K: time limits), in subsections (2) and (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.
Commencement Information
I62Sch. 6 para. 62 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
63(1)Section 17N (water supply licences: reports on modification references) is amended as follows.E+W
(2)In subsection (1), for “Commission” substitute “ CMA ”.
(3)In subsection (2)—
(a)for “Commission” substitute CMA”, and
(b)for the words from “in connection with” to the end substitute “ by the chair of the CMA for the purpose of carrying out the functions of the CMA with respect to the reference ”.
(4)In subsections (3) to (7) and (9), for “Commission” (in each place where it occurs) substitute “ CMA ”.
Commencement Information
I63Sch. 6 para. 63 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
64E+WIn section 17O (water supply licences: modification following report), in subsections (1) and (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.
Commencement Information
I64Sch. 6 para. 64 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
65(1)Section 17P (water supply licences: power of veto following report) is amended as follows.E+W
(2)In subsections (1) to (8) and (10) and (11), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(3)In the heading, for “Commission's” substitute “CMA's”.
Commencement Information
I65Sch. 6 para. 65 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
66(1)Section 17Q (section 17P: supplementary) is amended as follows.E+W
(2)In subsections (2) to (4), (6) and (8), for “Commission” (in each place where it occurs) substitute “ CMA ”.
Commencement Information
I66Sch. 6 para. 66 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
67E+WIn section 17R (water supply licences: modification by order under other enactments), in subsection (1), for “OFT, the Commission” substitute “ CMA ”.
Commencement Information
I67Sch. 6 para. 67 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
68E+WIn section 219 (general interpretation), in subsection (1)—
(a)after the definition of “the Authority” insert—
“ “the CMA” means the Competition and Markets Authority”, and
(b)omit the definition of “the OFT”.
Commencement Information
I68Sch. 6 para. 68 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
69E+W+SThe Railways Act 1993 is amended as follows.
Commencement Information
I69Sch. 6 para. 69 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
70(1)Section 13 (modification references) is amended as follows.E+W+S
(2)In subsection (1)—
(a)for “Competition Commission” substitute “ CMA ”, and
(b)for “the Commission” substitute “ the CMA ”.
(3)In subsection (2)—
(a)for “Competition Commission” substitute “ CMA ”, and
(b)for “the Commission” substitute “ the CMA ”.
(4)In subsection (3), for “Competition Commission” substitute “ CMA ”.
(5)In subsection (5)—
(a)for “Competition Commission” substitute “ CMA ”, and
(b)for “the Commission” substitute “ the CMA ”.
(6)In subsection (6)—
(a)for “Competition Commission” substitute “ CMA ”, and
(b)for “the Commission” (in each place where it occurs) substitute “ the CMA ”.
(7)In subsection (7), for “Competition Commission” substitute “ CMA ”.
(8)After subsection (9) insert—
“(10)The functions of the CMA with respect to a reference under this section are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (including functions relating to the making of modifications following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act 2002, as applied by sections 13B and 15C).”
(9)In the heading, for “Monopolies Commission” substitute “ CMA ”.
Commencement Information
I70Sch. 6 para. 70 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
71E+W+SIn section 13A (references under section 13: time limits), in subsections (2) and (3), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
Commencement Information
I71Sch. 6 para. 71 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
72(1)In section 13B (application of Enterprise Act 2002), in subsection (4)—E+W+S
(a)for “Competition Commission” substitute “ CMA ”, and
(b)for the words from “the words” to the end, substitute “—
(a)the words “, OFCOM or the Secretary of State” were omitted; and
(b)for the words “their functions” there were substituted “ its functions ”.”
Commencement Information
I72Sch. 6 para. 72 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
73(1)Section 14 (reports on modification references) is amended as follows.E+W+S
(2)In subsection (1), for “Competition Commission” substitute “ CMA ”.
(3)In subsection (1A)—
(a)for “Competition Commission” substitute “ CMA ”, and
(b)for the words from “in connection with” to the end substitute “ by the chair of the CMA for the purpose of carrying out the functions of the CMA with respect to the reference ”.
(4)In subsections (1B), (3) to (3C) and (4), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
Commencement Information
I73Sch. 6 para. 73 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
74E+W+SIn section 15 (modification following report), in subsections (1), (4A), (4C) and (4D), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
Commencement Information
I74Sch. 6 para. 74 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
75(1)Section 15A (power to veto modifications following report) is amended as follows.E+W+S
(2)In subsections (1) to (5), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
(3)In the heading, for “Competition Commission's” substitute “CMA's”.
Commencement Information
I75Sch. 6 para. 75 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
76(1)Section 15B (making of modifications) is amended as follows.E+W+S
(2)In subsections (1) to (5), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
(3)In the heading, for “Competition Commission” substitute “ CMA ”.
Commencement Information
I76Sch. 6 para. 76 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
77(1)Section 15C (sections 15A and 15B: supplementary) is amended as follows.E+W+S
(2)In subsections (2) to (2B) and (2D), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
(3)In subsection (2F), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(4)In subsection (2G)—
(a)for “Competition Commission” substitute “ CMA ”, and
(b)for the words from “the words” to the end, substitute “—
(a)the words “, OFCOM or the Secretary of State” were omitted; and
(b)for the words “their functions” there were substituted “ its functions ”.”
(5)In subsections (3) and (4), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
Commencement Information
I77Sch. 6 para. 77 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
78E+W+SIn section 16 (modification by order under other enactments), in subsection (1), for “OFT, the Competition Commission” substitute “ CMA ”.
Commencement Information
I78Sch. 6 para. 78 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
79(1)Section 74 (annual and other reports) is amended as follows.E+W+S
(2)In subsection (1)(b), for “Competition Commission's” substitute “CMA's”.
(3)Omit subsection (7).
Commencement Information
I79Sch. 6 para. 79 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
80E+W+SIn section 83 (interpretation of Part 1), in subsection (1)—
(a)before the definition of “cross-border service” insert—
“ “the CMA” means the Competition and Markets Authority;”, and
(b)omit the definition of “the OFT”.
Commencement Information
I80Sch. 6 para. 80 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
81(1)Schedule 4A (review of access charges by regulators) is amended as follows.E+W+S
(2)In the italic cross-heading preceding paragraph 8, for “Competition Commission reference” substitute “ reference to CMA ”.
(3)In paragraph 8, in sub-paragraph (2)(b), for “Competition Commission” substitute “ CMA ”.
(4)In the italic cross-heading preceding paragraph 9, for “Competition Commission” substitute “ CMA ”.
(5)In paragraph 9—
(a)in sub-paragraphs (1), (3) to (5), and (6A) to (9), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”, and
(b)after sub-paragraph (9), insert—
“(10)The functions of the CMA with respect to a reference under this paragraph are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (including functions relating to the making of changes following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act 2002, as applied by paragraphs 10A and 15).”
(6)In paragraph 10A, in sub-paragraph (4)—
(a)for “Competition Commission” substitute “ CMA ”, and
(b)for the words from “the words” to the end, substitute “—
(a)the words “, OFCOM or the Secretary of State” were omitted; and
(b)for the words “their functions” there were substituted “ its functions ”.”
(7)In paragraph 11—
(a)in sub-paragraph (1), for “Competition Commission” substitute “ CMA ”,
(b)in sub-paragraph (4A)—
(i)for “Competition Commission” substitute “ CMA ”, and
(ii)for the words from “in connection with” to the end substitute “ by the chair of the CMA for the purpose of carrying out the functions of the CMA with respect to the reference ”, and
(c)in sub-paragraphs (4B) to (5C) and (6), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
(8)In paragraph 12, in sub-paragraphs (1), (4B), (5), (8) and (9), for “Competition Commission” substitute “ CMA ”.
(9)In the italic cross-heading preceding paragraph 13, for “Competition Commission's” substitute “CMA's”.
(10)In paragraph 13, in sub-paragraphs (1) to (5), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
(11)In the italic cross-heading preceding paragraph 14, for “Competition Commission” substitute “ CMA ”.
(12)In paragraph 14, in sub-paragraphs (1) to (3) and (5) and (6), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
(13)In paragraph 15—
(a)in sub-paragraphs (2) to (2B) and (2D), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”,
(b)in sub-paragraph (2F), for “Commission” (in each place where it occurs) substitute “ CMA ”,
(c)in sub-paragraph (2G)—
(i)for “Competition Commission” substitute “ CMA ”, and
(ii)for the words from “the words” to the end, substitute “—
(a)the words “, OFCOM or the Secretary of State” were omitted; and
(b)for the words “their functions” there were substituted “ its functions ”.”, and
(d)in sub-paragraphs (3) and (4), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
Commencement Information
I81Sch. 6 para. 81 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
82E+W+SThe Utilities Act 2000 is amended as follows.
Commencement Information
I82Sch. 6 para. 82 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
83(1)Section 5 (annual and other reports of Authority) is amended as follows.E+W+S
(2)In subsection (1)(b), for “Competition Commission” substitute “ Competition and Markets Authority ”.
(3)Omit subsection (9).
Commencement Information
I83Sch. 6 para. 83 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
84E+W+SSection 104 (specialist members of the Competition Commission) is omitted.
Commencement Information
I84Sch. 6 para. 84 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
85U.K.The Transport Act 2000 is amended as follows.
Commencement Information
I85Sch. 6 para. 85 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
86(1)Section 12 (references) is amended as follows.U.K.
(2)In subsection (1)—
(a)for “Competition Commission” substitute “ Competition and Markets Authority (referred to in this Chapter as “the CMA”) ”, and
(b)for “the Commission” substitute “ the CMA ”.
(3)In subsections (2), (3) and (5) to (8), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(4)After subsection (8) insert—
“(8A)The functions of the CMA with respect to a reference under this section are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (including functions relating to the making of modifications following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act 2002, as applied by sections 12B and 18).”
(5)In the heading, for “Competition Commission” substitute “ Competition and Markets Authority ”.
Commencement Information
I86Sch. 6 para. 86 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
87U.K.In section 12A (references under section 12: time limits), in subsections (2) and (3), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
Commencement Information
I87Sch. 6 para. 87 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
88U.K.In section 12B (references under section 12: application of Enterprise Act 2002), in subsection (4)—
(a)for “Competition Commission” substitute “ CMA ”, and
(b)for the words from “the words” to the end, substitute “—
(a)the words “, OFCOM or the Secretary of State” were omitted; and
(b)for the words “their functions” there were substituted “ its functions ”.”
Commencement Information
I88Sch. 6 para. 88 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
89(1)Section 13 (reports on references) is amended as follows.U.K.
(2)In subsection (1), for “Competition Commission” substitute “ CMA ”.
(3)In subsection (1A)—
(a)for “Competition Commission” substitute “ CMA ”, and
(b)for the words from “in connection with” to the end, substitute “ by the chair of the CMA for the purpose of carrying out the functions of the CMA with respect to the reference. ”.
(4)In subsections (1B) to (2C), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
(5)In subsection (3), for “Commission” substitute “ CMA ”.
Commencement Information
I89Sch. 6 para. 89 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
90(1)Section 14 (modification following report) is amended as follows.U.K.
(2)In subsection (1), for “Competition Commission” substitute “ CMA ”.
(3)In subsection (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.
Commencement Information
I90Sch. 6 para. 90 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
91(1)Section 15 (power to give direction) is amended as follows.U.K.
(2)In subsection (1), for “Competition Commission” substitute “ CMA ”.
(3)In subsection (2), for “Commission” substitute “ CMA ”.
(4)In subsection (3)—
(a)for “Commission” substitute “ CMA ”, and
(b)for “Commission's” substitute “CMA's”.
(5)In subsections (4), (9) and (10), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(6)In the heading, for “Commission's” substitute “CMA's”.
Commencement Information
I91Sch. 6 para. 91 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
92(1)Section 16 (position where direction given) is amended as follows.U.K.
(2)In subsection (1), for “Competition Commission” substitute “ CMA ”.
(3)In subsection (2)—
(a)for “Commission” substitute “ CMA ”, and
(b)for “Commission's” substitute “CMA's”.
(4)In subsection (3)—
(a)for “Commission” substitute “ CMA ”, and
(b)for “Commission's” substitute “CMA's”.
(5)In subsections (4) to (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(6)In the heading, for “Commission” substitute “ CMA ”.
Commencement Information
I92Sch. 6 para. 92 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
93(1)Section 17 (duty as to modifications under section 16) is amended as follows.U.K.
(2)In subsection (1), for “Competition Commission” substitute “ CMA ”.
(3)In subsections (2) and (4) to (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(4)In the heading, for “Commission's” substitute “CMA's”.
Commencement Information
I93Sch. 6 para. 93 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
94(1)Section 18 (sections 15 and 16: general) is amended as follows.U.K.
(2)In subsections (2) to (4) and (6), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
(3)In subsection (8), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(4)In subsection (9)—
(a)for “Competition Commission” substitute “ CMA ”, and
(b)for the words from “the words” to the end, substitute “—
(a)the words “, OFCOM or the Secretary of State” were omitted; and
(b)for the words “their functions” there were substituted “ its functions ”.”
Commencement Information
I94Sch. 6 para. 94 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
95U.K.In section 19 (modification by order under other enactments), in subsection (1), for “Office of Fair Trading, the Competition Commission” substitute “ CMA ”.
Commencement Information
I95Sch. 6 para. 95 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
96(1)Schedule 10 (competition test: functions and agreements relating to buses) is amended as follows.E+W
(2)In the italic cross-heading preceding paragraph 5, for “OFT” substitute “ CMA ”.
(3)In paragraph 5—
(a)for “Office of Fair Trading” substitute “ Competition and Markets Authority ”, and
(b)for “OFT”” substitute “ CMA ””.
(4)In paragraphs 6, 7, 9, 10 and 12 to 14, for “OFT” (in each place where it occurs) substitute “ CMA ”.
(5)In paragraph 14A, in sub-paragraphs (2) to (6), for “OFT” (in each place where it occurs) substitute “ CMA ”.
(6)In paragraphs 15 and 16, for “OFT” (in each place where it occurs) substitute “ CMA ”.
Commencement Information
I96Sch. 6 para. 96 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
97U.K.The Communications Act 2003 is amended as follows.
Commencement Information
I97Sch. 6 para. 97 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
98(1)Section 193 (reference of price control matters) is amended as follows.U.K.
(2)In subsection (1), for “Competition Commission” substitute “ CMA ”.
(3)In subsection (2)—
(a)for “Competition Commission” substitute “ CMA ”,
(b)for “the Commission is to determine that matter” substitute “ the determination of the matter is to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, and is to be performed ”,
(c)in paragraph (b), for “them” substitute “ the CMA ”, and
(d)in paragraph (c), for “Commission” substitute “ CMA ”.
(4)In subsection (3)—
(a)for “Competition Commission” substitute “ CMA ”, and
(b)for “that Commission” substitute “ the CMA ”.
(5)In subsection (4), for “Competition Commission” substitute “ CMA ”.
(6)In subsection (6)—
(a)for “Competition Commission” substitute “ CMA ”, and
(b)for “that Commission” substitute “ the CMA ”.
(7)In subsections (7) and (8), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
(8)In the heading, for “Competition Commission” substitute “ CMA ”.
Commencement Information
I98Sch. 6 para. 98 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
99U.K.Section 194 (composition of Competition Commission for price control references) is omitted.
Commencement Information
I99Sch. 6 para. 99 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
100U.K.In section 197 (interpretation of Chapter 3), before the definition of “network access” insert—
“ “the CMA” means the Competition and Markets Authority;”.
Commencement Information
I100Sch. 6 para. 100 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
101E+W+SThe Energy Act 2004 is amended as follows.
Commencement Information
I101Sch. 6 para. 101 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
102(1)Section 173 (appeals) is amended as follows.E+W+S
(2)In subsection (1)—
(a)omit “shall lie to the Competition Commission”, and
(b)after “applies” insert “ shall lie to the Competition and Markets Authority (in this Chapter referred to as “the CMA”) ”.
(3)In subsections (4) and (5), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
(4)In the heading, for “Competition Commission” substitute “ CMA ”.
Commencement Information
I102Sch. 6 para. 102 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
103(1)Section 174 (procedure on appeals) is amended as follows.E+W+S
(2)Omit subsection (1).
(3)In subsection (2), omit “Instead,”.
(4)After subsection (2) insert—
“(2A)Except where specified otherwise in Schedule 22, the functions of the CMA with respect to appeals under section 173 are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013.”
Commencement Information
I103Sch. 6 para. 103 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
104(1)Section 175 (determination of appeals) is amended as follows.E+W+S
(2)In subsections (2) to (6), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
(3)In subsection (9)—
(a)for “Competition Commission” substitute “ CMA ”, and
(b)for “the Commission” (in each place where it occurs) substitute “ the CMA ”.
(4)In subsection (10), for “Competition Commission” substitute “ CMA ”.
Commencement Information
I104Sch. 6 para. 104 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
105E+W+SSection 176 is omitted.
Commencement Information
I105Sch. 6 para. 105 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
106E+W+SSection 177 is omitted.
Commencement Information
I106Sch. 6 para. 106 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
107(1)Schedule 22 (procedure for appeals under section 173) is amended as follows.E+W+S
(2)In paragraph 1—
(a)in sub-paragraph (1), for “Commission” substitute “ CMA ”,
(b)in sub-paragraph (8), for “Commission's” substitute “CMA's”,
(c)in sub-paragraph (9)—
(i)for “Commission's” substitute “CMA's”, and
(ii)for “Commission” substitute “ CMA ”, and
(d)in sub-paragraph (12), for “the Commission must” substitute “ an authorised member of the CMA must ”.
(3)In paragraph 2, in sub-paragraphs (1), (2), (5) and (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(4)In paragraph 3, in sub-paragraphs (1) and (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(5)In paragraph 4, in sub-paragraph (1), for “Commission” substitute “ CMA ”.
(6)In paragraph 5—
(a)omit sub-paragraph (1),
(b)in sub-paragraph (2)—
(i)after “group”, insert “ constituted by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 for the purpose of carrying out functions of the CMA with respect to an appeal under section 173 ”, and
(ii)for “Commission” substitute “ CMA panel ”,
(c)omit sub-paragraphs (3) to (7), and
(d)in sub-paragraph (8), for “a group” substitute “ the group ”.
(7)In paragraph 6—
(a)in sub-paragraph (1), for the words from the beginning to “that appeal” substitute “ The CMA must determine an appeal ”,
(b)in sub-paragraph (2)—
(i)for “group with the function of determining an appeal” substitute “ CMA ”, and
(ii)after “requirements” insert “ in respect of an appeal ”, and
(c)in sub-paragraph (3), for “Commission” substitute “ CMA ”.
(8)In paragraph 7—
(a)for “The group with the function of determining an appeal” substitute “ The CMA ”, and
(b)for “determination of the appeal” substitute “ determination of an appeal ”.
(9)In paragraph 8—
(a)in sub-paragraph (1), for “Commission” (in each place where it occurs) substitute “ CMA ”,
(b)in sub-paragraph (4)—
(i)for “The Commission may take copies” substitute “ An authorised member of the CMA may, for the purpose of the exercise of the functions of the CMA, make arrangements for copies to be taken ”, and
(ii)omit “to it”, and
(c)in sub-paragraph (5), for the words from “Commission's” to the end, substitute “ CMA's behalf by an authorised member of the CMA ”.
(10)In paragraph 9—
(a)in sub-paragraph (2), for “Commission” substitute “ CMA ”,
(b)in sub-paragraph (5)(a), for “the Commission is not required” substitute “ there is no requirement ”,
(c)in sub-paragraph (7), for “the Commission must pay him” substitute “ an authorised member of the CMA must arrange for that person to be paid ”, and
(d)in sub-paragraph (8), for the words from “Commission's” to the end, substitute “ CMA's behalf by an authorised member of the CMA ”.
(11)In paragraph 10—
(a)in sub-paragraph (1), for “Commission” substitute “ CMA ”, and
(b)in sub-paragraph (4), for the words from “Commission's” to the end, substitute “ CMA's behalf by an authorised member of the CMA ”
(12)In paragraph 11, in sub-paragraph (1), for “a member of the Commission” substitute “ an authorised member of the CMA ”.
(13)In paragraph 12, in sub-paragraphs (1), (3) and (4), for “Commission” (in each place where it occurs) substitute “ CMA Board ”.
(14)In paragraph 13, in sub-paragraph (1), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(15)In paragraph 15, in sub-paragraph (1)—
(a)for the definition of “authorised member of the Commission” substitute—
““authorised member of the CMA”—
(a)in relation to a power exercisable in connection with an appeal in respect of which a group has been constituted by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, means a member of that group who has been authorised by the chair of the CMA to exercise that power;
(b)in relation to a power exercisable in connection with an application for permission to bring an appeal, or otherwise in connection with an appeal in respect of which a group has not been so constituted by the chair of the CMA, means—
(i)any member of the CMA Board who is also a member of the CMA panel, or
(ii)any member of the CMA panel authorised by the Secretary of State (whether generally or specifically) to exercise the power in question.”,
(b)omit the definition of “the Chairman”,
(c)for the definition of “the Commission” substitute—
““the CMA” means the Competition and Markets Authority;”
“CMA Board” and “CMA panel” have the same meaning as in Schedule 4 to the Enterprise and Regulatory Reform Act 2013;”, and
(d)omit the definition of “a group”.
Commencement Information
I107Sch. 6 para. 107 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
108E+WThe Legal Services Act 2007 is amended as follows.
Commencement Information
I108Sch. 6 para. 108 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
109(1)Section 57 (reports) is amended as follows.E+W
(2)In subsection (1), for “OFT” (in each place where it occurs) substitute “ CMA ”.
(3)In subsection (2), for “OFT's” substitute “CMA's”.
(4)In subsections (3) to (6), for “OFT” (in each place where it occurs) substitute “ CMA ”.
(5)In the heading, for “OFT” substitute “ CMA ”.
Commencement Information
I109Sch. 6 para. 109 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
110(1)Section 58 (Board's response to report) is amended as follows.E+W
(2)In subsection (1), for “OFT” substitute “ CMA ”.
(3)In subsections (2) and (3), for “OFT's” (in each place where it occurs) substitute “CMA's”.
(4)In subsection (4), for “OFT” substitute “ CMA ”.
(5)In the heading, for “OFT” substitute “ CMA ”.
Commencement Information
I110Sch. 6 para. 110 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
111(1)Section 59 (referral of report by Lord Chancellor) is amended as follows.E+W
(2)In subsections (1) to (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.
(3)In subsection (4), for the words from “must” to “its advice” substitute “ must make a reference to the chair of the CMA for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, for the purpose of advising the Lord Chancellor ”.
(4)After subsection (4), insert—
“(5)Where a reference is made to the chair of the CMA under this section for the constitution of a group, the functions of the CMA under section 60, in relation to the matter concerned, are to be carried out on behalf of the CMA by the group so constituted (including functions under sections 109 to 115 of the Enterprise Act 2002, as applied by section 60(9)).”
(5)In the heading, omit “to the Competition Commission”.
Commencement Information
I111Sch. 6 para. 111 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
112(1)Section 60 (duties of the Competition Commission) is amended as follows.E+W
(2)In subsection (1), for the words from “seeks” to “the Commission” substitute “ makes a reference under section 59, the CMA ”.
(3)In subsection (2), for “The Commission must then make its own report” substitute “ The CMA must then make a report ”.
(4)In subsection (3), for “Commission” substitute “ CMA ”.
(5)In subsection (4)—
(a)for “Commission” substitute “ CMA ”, and
(b)for the words from “it receives” to the end substitute “ the reference in question is made to the chair of the CMA under section 59 ”.
(6)In subsection (5), for “Commission's” substitute “CMA's”.
(7)In subsection (6)—
(a)for “Commission's” substitute “CMA's, and
(b)for “Commission” (in each place where it occurs) substitute “ CMA ”.
(8)In subsection (7), for “Commission” substitute “ CMA ”.
(9)In subsection (8)—
(a)for “Commission's” substitute “CMA's, and
(b)for “Commission” substitute “ CMA ”.
(10)In subsection (9)—
(a)in the words before paragraph (a), for “to the Commission” substitute “ to the CMA ”, and
(b)in paragraph (b), for “Commission” substitute “ CMA ”.
(11)In subsection (10)—
(a)for “Commission” substitute “ CMA ”, and
(b)for “OFT's report” substitute “ report made by the CMA under section 57 ”.
(12)In the heading, for “Competition Commission” substitute “ CMA ”.
Commencement Information
I112Sch. 6 para. 112 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
113(1)Section 61 (Lord Chancellor's power to give directions) is amended as follows.E+W
(2)In subsection (1), for “OFT” substitute “ CMA ”.
(3)In subsection (2), for “Competition Commission” substitute “ CMA ”.
Commencement Information
I113Sch. 6 para. 113 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
114E+WIn section 66 (Board's power to recommend orders), in subsection (3)(b), for “OFT” substitute “ CMA ”.
Commencement Information
I114Sch. 6 para. 114 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
115E+WIn section 67 (effect of Board's designation as approved regulator), in subsection (3), for “OFT” substitute “ CMA ”.
Commencement Information
I115Sch. 6 para. 115 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
116E+WIn section 207 (interpretation), in subsection (1)—
(a)after the definition of “barrister” insert—
“the CMA” means the Competition and Markets Authority;”, and
(b)omit the definition of “the OFT”.
Commencement Information
I116Sch. 6 para. 116 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
117(1)Schedule 4 (approved regulators) is amended as follows.E+W
(2)In paragraph 5, in sub-paragraph (2)(a), for “OFT” substitute “ CMA ”.
(3)In the italic cross-heading preceding paragraph 6, for “Office of Fair Trading” substitute “ Competition and Markets Authority ”.
(4)In paragraph 6, in sub-paragraphs (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
(5)In paragraph 15, in sub-paragraph (5)(a), for “OFT” substitute “ CMA ”.
Commencement Information
I117Sch. 6 para. 117 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
118(1)Schedule 6 (alteration of reserved legal activities) is amended as follows.E+W
(2)In paragraph 3, in sub-paragraph (1)(b), for “OFT” substitute “ CMA ”.
(3)In paragraph 5, in sub-paragraphs (1) to (4), for “OFT” (in each place where it occurs) substitute “ CMA ”.
(4)In paragraph 8, in sub-paragraph (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.
(5)In paragraph 9, in sub-paragraph (2)(b), for “OFT” substitute “ CMA ”.
(6)In paragraph 11, in sub-paragraph (4)(a), for “OFT” substitute “ CMA ”.
(7)In paragraph 17, in sub-paragraph (4)(a), for “OFT” substitute “ CMA ”.
Commencement Information
I118Sch. 6 para. 118 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
119(1)Schedule 7 (directions: procedure) is amended as follows.E+W
(2)In paragraph 3, in sub-paragraph (2)(b), for “OFT” substitute “ CMA ”.
(3)In the italic cross-heading preceding paragraph 5, for “Office of Fair Trading” substitute “ Competition and Markets Authority ”.
(4)In paragraph 5, in sub-paragraphs (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
Commencement Information
I119Sch. 6 para. 119 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
120(1)Schedule 8 (intervention directions: procedure) is amended as follows.E+W
(2)In paragraph 3, in sub-paragraph (2)(b), for “OFT” substitute “ CMA ”.
(3)In the italic cross-heading preceding paragraph 5, for “Office of Fair Trading” substitute “ Competition and Markets Authority ”.
(4)In paragraph 5, in sub-paragraphs (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
(5)In paragraph 14, in sub-paragraph (3)(b), for “OFT” substitute “ CMA ”.
(6)In the italic cross-heading preceding paragraph 16, for “Office of Fair Trading” substitute “ Competition and Markets Authority ”.
(7)In paragraph 16, in sub-paragraphs (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
Commencement Information
I120Sch. 6 para. 120 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
121(1)Schedule 9 (cancellation of designation as approved regulator) is amended as follows.E+W
(2)In paragraph 3, in sub-paragraph (2)(a), for “OFT” substitute “ CMA ”.
(3)In the italic cross-heading preceding paragraph 4, for “Office of Fair Trading” substitute “ Competition and Markets Authority ”.
(4)In paragraph 4, in sub-paragraphs (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
Commencement Information
I121Sch. 6 para. 121 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
122(1)Schedule 10 (designation of approved regulators as licensing authorities) is amended as follows.E+W
(2)In paragraph 3, in sub-paragraph (2)(a), for “OFT” substitute “ CMA ”.
(3)In the italic cross-heading preceding paragraph 4, for “Office of Fair Trading” substitute “ Competition and Markets Authority ”.
(4)In paragraph 4, in sub-paragraphs (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
(5)In paragraph 13, in sub-paragraph (5)(a), for “OFT” substitute “ CMA ”.
(6)In paragraph 19, in sub-paragraph (2)(a), for “OFT” substitute “ CMA ”.
(7)In the italic cross-heading preceding paragraph 20, for “Office of Fair Trading” substitute “ Competition and Markets Authority ”.
(8)In paragraph 20, in sub-paragraphs (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
Commencement Information
I122Sch. 6 para. 122 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
123E+WIn Schedule 24 (index of defined expressions)—
(a)at the appropriate place insert—
“CMA | section 207”, and |
(b)omit the reference to the OFT.
Commencement Information
I123Sch. 6 para. 123 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
124U.K.The Postal Services Act 2011 is amended as follows.
Commencement Information
I124Sch. 6 para. 124 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
125(1)Section 59 (price control decisions) is amended as follows.U.K.
(2)In subsection (3), for “Competition Commission (“the Commission”)” substitute “ Competition and Markets Authority (“the CMA”) ”.
(3)In subsections (5) to (12), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(4)After subsection (12) insert—
“(12A)The CMA's functions with respect to an appeal under this section are to be carried out on its behalf by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013”.
Commencement Information
I125Sch. 6 para. 125 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
126U.K.In section 60 (section 59: supplementary), in subsections (1) and (4) to (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.
Commencement Information
I126Sch. 6 para. 126 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
127E+WThe Health and Social Care Act 2012 is amended as follows.
Commencement Information
I127Sch. 6 para. 127 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
128(1)Section 101 (licence condition modification references) is amended as follows.E+W
(2)In subsection (2)—
(a)for “Competition Commission” substitute “ CMA ”, and
(b)for “the Commission” substitute “ the CMA ”.
(3)In subsection (4)—
(a)for “Competition Commission” substitute “ CMA ”, and
(b)for “the Commission” substitute “ the CMA ”.
(4)After subsection (4) insert—
“(4A)The functions of the CMA with respect to a reference under this section are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (including functions relating to the making of changes following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act 2002, as applied by paragraph 10 of Schedule 10).”
(5)In subsections (5) and (6), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
(6)In the heading, for “Competition Commission” substitute “ CMA ”.
Commencement Information
I128Sch. 6 para. 128 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
129E+WIn section 102 (modification of conditions by order under other enactments), in subsection (1), for “Office of Fair Trading, Competition Commission” substitute “ CMA ”.
Commencement Information
I129Sch. 6 para. 129 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
130E+WIn section 103 (standard condition as to transparency of certain criteria), in subsection (3)—
(a)in paragraph (b), for “Competition Commission” substitute “ CMA ”, and
(b)in paragraph (c), for “Office of Fair Trading, Competition Commission” substitute “ CMA ”.
Commencement Information
I130Sch. 6 para. 130 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
131(1)Section 120 (responses to consultation on proposals for national tariff) is amended as follows.E+W
(2)In subsections (1) and (4), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
(3)In subsection (5), omit the words from the beginning to “instead,”.
(4)After subsection (5), insert—
“(5A)Except where specified otherwise in Schedule 12, the functions of the CMA with respect to a reference under this section (including functions relating to the making of changes following a determination on a reference) are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013.”
Commencement Information
I131Sch. 6 para. 131 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
132(1)Section 121 (determination on reference under section 120) is amended as follows.E+W
(2)In subsections (1) to (3), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
(3)In subsections (4) to (6) and (8) to (10), for “Commission” (in each place where it occurs) substitute “ CMA ”.
Commencement Information
I132Sch. 6 para. 132 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
133E+WIn section 122 (changes following determination on reference under section 120), in subsections (1) and (2), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
Commencement Information
I133Sch. 6 para. 133 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
134(1)Section 123 (power to veto changes proposed under section 122) is amended as follows.E+W
(2)In subsection (1), for “Competition Commission” substitute “ CMA ”.
(3)In subsection (3), for “Commission” substitute “ CMA ”.
(4)In subsection (4), for “Competition Commission” substitute “ CMA ”.
(5)In subsections (5) to (7), for “Commission” (in each place where it occurs) substitute “ CMA ”.
Commencement Information
I134Sch. 6 para. 134 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
135(1)Section 142 (responses to consultation on proposal to impose a levy) is amended as follows.E+W
(2)In subsections (1) and (4), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
(3)After subsection (4) insert—
“(4A)The functions of the CMA with respect to a reference under this section are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (including functions relating to the making of changes following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act 2002, as applied by paragraph 10 of Schedule 10).”
(4)In subsections (5) and (7), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
Commencement Information
I135Sch. 6 para. 135 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
136(1)Section 149 (electronic communications) is amended as follows.E+W
(2)In subsection (2)—
(a)for “Competition Commission” substitute “ CMA ”, and
(b)for “the Commission” substitute “ the CMA ”.
(3)In subsections (3) and (4), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
Commencement Information
I136Sch. 6 para. 136 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
137E+WIn section 150 (interpretation etc. of Part 3), in subsection (1), after the definition of “anti-competitive behaviour” insert—
““the CMA” means the Competition and Markets Authority;”.
Commencement Information
I137Sch. 6 para. 137 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
138(1)Schedule 10 (references by Monitor under section 101 or 142) is amended as follows.E+W
(2)In the heading, for “Competition Commission” substitute “ CMA ”.
(3)In paragraph 1—
(a)in sub-paragraph (1), for “Competition Commission” substitute “ CMA ”, and
(b)in sub-paragraph (2), for “the Commission” substitute “ the CMA ”.
(4)In paragraph 2, for “Competition Commission” substitute “ CMA ”.
(5)In paragraph 4—
(a)in sub-paragraph (1)—
(i)for “Competition Commission” substitute “ CMA ”, and
(ii)for “the Commission” (in each place where it occurs) substitute “ the CMA ”, and
(b)in sub-paragraph (2), for “Commission” substitute “ CMA ”.
(6)In paragraph 5—
(a)in sub-paragraph (1), for “Competition Commission” substitute “ CMA ”,
(b)in sub-paragraph (3), for “Commission” substitute “ CMA ”, and
(c)in sub-paragraph (4), for “Competition Commission” substitute “ CMA ”.
(7)In paragraph 6—
(a)in sub-paragraph (1), for “Competition Commission” substitute “ CMA ”,
(b)in sub-paragraph (2)—
(i)for “Commission” substitute “ CMA ”, and
(ii)for the words from “in connection with” to the end substitute “ by the chair of the CMA for the purpose of carrying out the functions of the CMA with respect to the reference ”, and
(c)in sub-paragraph (4), for “Commission” substitute “ CMA ”.
(8)In paragraph 7, in sub-paragraphs (1) and (8), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
(9)In the italic cross-heading preceding paragraph 8, for “Competition Commission's” substitute “CMA's”.
(10)In paragraph 8—
(a)in sub-paragraph (1), for “Competition Commission” substitute “ CMA ”, and
(b)in sub-paragraphs (3) to (5), (7), (8) and (10) to (12), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(11)In paragraph 9—
(a)in sub-paragraph (1), for “Competition Commission” substitute “ CMA ”, and
(b)in sub-paragraphs (2) and (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(12)In paragraph 10, in sub-paragraph (2), for “Competition Commission” substitute “ CMA ”.
Commencement Information
I138Sch. 6 para. 138 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
139(1)Schedule 12 (procedure on references under section 120) is amended as follows.E+W
(2)In paragraph 2, in sub-paragraph (1), for “Competition Commission” substitute “ CMA ”.
(3)In the italic cross-heading preceding paragraph 3, for “Commission” substitute “ CMA ”.
(4)In paragraph 3—
(a)omit sub-paragraph (1),
(b)in sub-paragraph (2)—
(i)for “selected under this paragraph” substitute “ constituted by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 for the purpose of carrying out functions of the CMA with respect to a reference under section 120 ”, and
(ii)for “Commission” substitute “ CMA panel ”,
(c)omit sub-paragraphs (3) to (6), and
(d)in sub-paragraph (7), for “a group” substitute “ the group ”.
(5)In paragraph 4—
(a)in sub-paragraph (1), for the words from the beginning to “the determination” substitute “ The CMA must make its determination on a reference ”,
(b)in sub-paragraph (2), for “that group” substitute “ the CMA ”, and
(c)in sub-paragraph (3), for “Competition Commission” substitute “ CMA ”.
(6)In paragraph 5, in sub-paragraph (1)—
(a)for “group with the function of determining a reference” substitute “ CMA ”, and
(b)for “of the appeal” substitute “ on a reference ”.
(7)In paragraph 6, in sub-paragraphs (1) and (3), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
(8)In paragraph 7—
(a)in sub-paragraph (1), for “a group with the function of making a determination on a reference under section 120” substitute “ the CMA ”,
(b)in sub-paragraph (2), for “A group with that function” substitute “ The CMA ”,
(c)in sub-paragraph (3), for “Competition Commission” substitute “ CMA ”,
(d)in sub-paragraph (4)—
(i)for “Competition Commission” substitute “ CMA ”, and
(ii)in paragraph (b), after “evidence” insert “ to it ” and omit “to a group with that function”,
(e)in sub-paragraph (5), for “group conducting the hearing” substitute “ CMA ”,
(f)in sub-paragraph (8)—
(i)in paragraph (a), for “Competition Commission” substitute “ CMA ”, and
(ii)in paragraph (b), for “group conducting the hearing” substitute “ CMA ”, and
(g)in sub-paragraph (9), for “Competition Commission” substitute “ CMA ”.
(9)In paragraph 8, in sub-paragraph (1)—
(a)for “Commission” substitute “ CMA ”, and
(b)for “a group with the function of making a determination on a reference under section 120” substitute “ the CMA ”.
(10)In paragraph 9, in sub-paragraph (2), for “Commission” substitute “ group constituted for the purpose of carrying out functions of the CMA with respect to the reference to which the notice or requirement relates ”.
(11)In paragraph 10, in sub-paragraph (2) for the words from “Competition Commission's” to the end substitute “ CMA's behalf by a member of the group constituted for the purpose of carrying out functions of the CMA with respect to the reference to which the notice relates ”.
(12)In paragraph 11—
(a)in sub-paragraph (1), for “Competition Commission” substitute “ CMA Board ”, and
(b)in sub-paragraphs (4) and (5), for “Commission” substitute “ CMA Board ”.
(13)In paragraph 12—
(a)for sub-paragraph (1) substitute—
“(1)Where the CMA makes a determination on a reference under section 120 it must make an order requiring the payment to it of the costs it incurred in connection with the reference.”, and
(b)in sub-paragraph (5)—
(i)for “The group that makes a determination on a reference under section 120” substitute “ The CMA ”, and
(ii)for “the determination” substitute “ a determination on a reference under section 120 ”.
Commencement Information
I139Sch. 6 para. 139 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
140U.K.The Civil Aviation Act 2012 is amended as follows.
Commencement Information
I140Sch. 6 para. 140 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
141(1)Section 24 (appeals: conditions of new licences) is amended as follows.U.K.
(2)In subsections (1), (3) and (5), for “Competition Commission” (in each place where it occurs) substitute “ Competition and Markets Authority ”.
(3)In the heading, for “Competition Commission” substitute “ Competition and Markets Authority ”.
Commencement Information
I141Sch. 6 para. 141 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
142(1)Section 25 (appeals: modification of licence conditions) is amended as follows.U.K.
(2)In subsections (1), (3), (5) and (7), for “Competition Commission” (in each place where it occurs) substitute “ Competition and Markets Authority ”.
(3)In the heading, for “Competition Commission” substitute “ Competition and Markets Authority ”.
Commencement Information
I142Sch. 6 para. 142 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
143U.K.In section 26 (when appeals may be allowed), for “Competition Commission” substitute “ Competition and Markets Authority ”.
Commencement Information
I143Sch. 6 para. 143 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
144(1)Section 27 (determination of appeal) is amended as follows.U.K.
(2)In subsection (1) for “Competition Commission” substitute “ Competition and Markets Authority ”.
(3)In subsection (2)—
(a)for “Competition Commission” substitute “ Competition and Markets Authority ”, and
(b)for “the Commission” substitute “ the Competition and Markets Authority ”.
(4)In subsection (4)—
(a)for “Competition Commission” substitute “ Competition and Markets Authority ”, and
(b)for “the Commission” substitute “ the Competition and Markets Authority ”.
(5)In subsection (5), for “Competition Commission” substitute “ Competition and Markets Authority ”.
Commencement Information
I144Sch. 6 para. 144 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
145(1)Section 28 (determination of appeal: time limits) is amended as follows.U.K.
(2)In subsections (1), (3) and (4), for “Competition Commission” (in each place where it occurs) substitute “ Competition and Markets Authority ”.
(3)In subsection (5)—
(a)for “Competition Commission” substitute “ Competition and Markets Authority ”, and
(b)for “the Commission” substitute “ the Competition and Markets Authority ”.
(4)In subsections (6) to (8), for “Competition Commission” (in each place where it occurs) substitute “ Competition and Markets Authority ”.
Commencement Information
I145Sch. 6 para. 145 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
146(1)Section 29 (determination of appeal: publication etc) is amended as follows.U.K.
(2)In subsection (1)—
(a)for “Competition Commission” substitute “ Competition and Markets Authority ”, and
(b)for “the Commission” substitute “ the Competition and Markets Authority ”.
(3)In subsections (3) and (4), for “Competition Commission” (in each place where it occurs) substitute “ Competition and Markets Authority ”.
(4)In subsection (5)—
(a)for “Competition Commission” substitute “ Competition and Markets Authority ” and
(b)for “Commission's opinion” (in each place where those words occur) substitute “ opinion of the Competition and Markets Authority ”.
Commencement Information
I146Sch. 6 para. 146 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
147(1)Section 30 (procedure on appeals) is amended as follows.U.K.
(2)In subsection (2), for “Competition Commission” substitute “ Competition and Markets Authority ”.
(3)For subsection (4) substitute—
“(4)Except where specified otherwise in Schedule 2, the functions of the Competition and Markets Authority with respect to an appeal under section 24 or 25 are to be carried out on behalf of the Competition and Markets Authority by a group constituted for the purpose, by the chair of the Competition and Markets Authority, under Schedule 4 to the Enterprise and Regulatory Reform Act 2013.”
Commencement Information
I147Sch. 6 para. 147 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
148(1)Schedule 2 (appeals under sections 24 and 25) is amended as follows.U.K.
(2)In paragraph 2—
(a)in sub-paragraph (1)—
(i)for “Competition Commission's decision” substitute “ decision of the Competition and Markets Authority ”, and
(ii)for “the Commission” substitute “ the Competition and Markets Authority ”,
(b)in sub-paragraphs (5) and (6), for “Competition Commission” (in each place where it occurs) substitute “ Competition and Markets Authority ”,
(c)in sub-paragraph (7), for “The Competition Commission” substitute “ An authorised member of the Competition and Markets Authority ”, and
(d)in sub-paragraph (8), in paragraph (d), for “Commission” substitute “ authorised member ”.
(3)In paragraph 3, in sub-paragraph (1), for “Competition Commission” substitute “ Competition and Markets Authority ”.
(4)In paragraph 4—
(a)in sub-paragraph (1), for “Competition Commission” substitute “ Competition and Markets Authority ”,
(b)in sub-paragraph (2), for “on which the Competition Commission publishes its” substitute “of publication of the Competition and Markets Authority's”, and
(c)in sub-paragraph (3), for “Competition Commission” substitute “ Competition and Markets Authority ”.
(5)In paragraph 5—
(a)in sub-paragraph (1)—
(i)for “Competition Commission's decision” substitute “ decision of the Competition and Markets Authority ”, and
(ii)for “the Commission” substitute “ the Competition and Markets Authority ”,
(b)in sub-paragraph (2), for “Competition Commission” substitute “ Competition and Markets Authority ”,
(c)in sub-paragraph (4), for “The Competition Commission must” substitute “ An authorised member of the Competition and Markets Authority must ”, and
(d)in sub-paragraph (5), in paragraph (d), for “Commission” substitute “ authorised member ”.
(6)In paragraph 6, in sub-paragraph (3), for “Competition Commission” substitute “ Competition and Markets Authority ”.
(7)In paragraph 7, in sub-paragraph (3), for “Competition Commission” substitute “ Competition and Markets Authority ”.
(8)In paragraph 8, in sub-paragraph (3), for “Competition Commission” substitute “ Competition and Markets Authority ”.
(9)In paragraph 9, in sub-paragraph (1), for “Competition Commission” substitute “ Competition and Markets Authority ”.
(10)In paragraph 10, in sub-paragraph (3), for “Competition Commission's decision” substitute “ decision of the Competition and Markets Authority ”.
(11)In paragraph 11—
(a)in sub-paragraph (1)—
(i)for “Competition Commission's functions” substitute “ functions of the Competition and Markets Authority ”, and
(ii)for “the Commission” substitute “ the Competition and Markets Authority ”,
(b)in sub-paragraph (2), for “Competition Commission” substitute “ Competition and Markets Authority ”, and
(c)in sub-paragraph (4)—
(i)for “The Competition Commission” substitute “ An authorised member of the Competition and Markets Authority ”, and
(ii)for first “it” substitute “ he or she ”.
(12)In paragraph 12, in sub-paragraph (1), for “Competition Commission” substitute “ Competition and Markets Authority ”.
(13)In paragraph 13, in sub-paragraph (3), for “Competition Commission's decision” substitute “ decision of the Competition and Markets Authority ”.
(14)In paragraph 14—
(a)in sub-paragraph (1)—
(i)for “Competition Commission's functions” substitute “ functions of the Competition and Markets Authority ”, and
(ii)for “the Commission” substitute “ the Competition and Markets Authority ”,
(b)in sub-paragraph (2), for “Competition Commission” substitute “ Competition and Markets Authority ”, and
(c)in sub-paragraph (4)—
(i)for “The Competition Commission” substitute “ An authorised member of the Competition and Markets Authority ”, and
(ii)for first “it” substitute “ he or she ”.
(15)In paragraph 15—
(a)in sub-paragraph (1), for “The Competition Commission must” substitute “ An authorised member of the Competition and Markets Authority must ”,
(b)in sub-paragraph (2), for “the Competition Commission must comply with sub-paragraph (1)” substitute “ the requirements of sub-paragraph (1) must be complied with ”,
(c)in sub-paragraph (3), for “The Competition Commission must” substitute “ An authorised member of the Competition and Markets Authority must ”, and
(d)in sub-paragraph (4), in paragraph (d), for “Commission” substitute “ authorised member ”.
(16)In paragraph 16—
(a)in sub-paragraph (1), for “Competition Commission” substitute “ Competition and Markets Authority ”, and
(b)in sub-paragraph (4), in paragraph (a), for “the Competition Commission” substitute “ an authorised member of the Competition and Markets Authority ”.
(17)In paragraph 17—
(a)omit sub-paragraph (1),
(b)in sub-paragraph (2)—
(i)for “The group” substitute “ A group constituted by the chair of the Competition and Markets Authority, under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, for the purpose of carrying out functions of the Competition and Markets Authority with respect to an appeal under section 24 or 25 ”, and
(ii)for “Competition Commission” substitute “ CMA panel ”, and
(c)omit sub-paragraphs (3) and (4).
(18)Omit paragraph 18.
(19)In paragraph 19, in sub-paragraph (1), for “Competition Commission” substitute “ Competition and Markets Authority ”.
(20)In paragraph 20—
(a)in sub-paragraph (1)—
(i)for “A group with the function of determining an appeal” substitute “ The Competition and Markets Authority ”,
(ii)for “the appeal” substitute “ an appeal ”, and
(iii)for “Competition Commission” substitute “ Competition and Markets Authority ”,
(b)in sub-paragraph (3)—
(i)for “A group with the function of determining an appeal” substitute “ The Competition and Markets Authority ”, and
(ii)for “the appeal” substitute “ an appeal ”, and
(c)in sub-paragraph (4)—
(i)for “A group with the function of determining an appeal” substitute “ The Competition and Markets Authority ”, and
(ii)for “the appeal” substitute “ an appeal ”.
(21)In paragraph 21, in sub-paragraph (1), for “Competition Commission” substitute “ Competition and Markets Authority ”.
(22)In paragraph 22—
(a)in sub-paragraphs (1) and (2), for “Competition Commission” (in each place where it occurs) substitute “ Competition and Markets Authority ”,
(b)in sub-paragraph (3), for “Competition Commission's decision” substitute “ decision of the Competition and Markets Authority ”,
(c)in sub-paragraph (4)—
(i)for “Competition Commission's decision” substitute “ decision of the Competition and Markets Authority ”, and
(ii)for “the Commission” substitute “ the Competition and Markets Authority ”,
(d)in sub-paragraphs (5) and (6), for “Competition Commission” (in each place where it occurs) substitute “ Competition and Markets Authority ”,
(e)in sub-paragraph (7)—
(i)for “Competition Commission's decision” substitute “ decision of the Competition and Markets Authority ”, and
(ii)for “Commission” (in each place where it occurs) substitute “ Competition and Markets Authority ”, and
(f)in sub-paragraph (9)—
(i)for “Competition Commission's decision” substitute “ decision of the Competition and Markets Authority ”, and
(ii)for “Commission” (in each place where it occurs) substitute “ Competition and Markets Authority ”.
(23)In paragraph 23, in sub-paragraph (1), for “Competition Commission” substitute “ Competition and Markets Authority ”.
(24)In paragraph 24—
(a)in sub-paragraph (1)—
(i)for “Competition Commission” substitute “ Competition and Markets Authority ”, and
(ii)for “the Commission” substitute “ the Competition and Markets Authority ”, and
(b)in sub-paragraph (4), for the words from “on the” to the end substitute “ on behalf of the Competition and Markets Authority by an authorised member of the Competition and Markets Authority ”.
(25)In paragraph 25—
(a)in sub-paragraph (1), for “Competition Commission” (in each place where it occurs) substitute “ Competition and Markets Authority ”,
(b)in sub-paragraph (3), for “The Competition Commission” substitute “ An authorised member of the Competition and Markets Authority ”,
(c)in sub-paragraph (7), in paragraph (a), for “the Competition Commission is not required” substitute “ there is no requirement ”,
(d)in sub-paragraph (9), for “the Competition Commission must pay the person” substitute “ an authorised member of the Competition and Markets Authority must arrange for the person to be paid ”, and
(e)in sub-paragraph (10), for the words from “on the” to the end substitute “ on behalf of the Competition and Markets Authority by an authorised member of the Competition and Markets Authority ”.
(26)In paragraph 26—
(a)in sub-paragraph (1), for “Competition Commission” (in each place where it occurs) substitute “ Competition and Markets Authority ”, and
(b)in sub-paragraph (5), for the words from “on the” to the end substitute “ on behalf of the Competition and Markets Authority by an authorised member of the Competition and Markets Authority ”.
(27)In paragraph 27, for “Competition Commission” substitute “ Competition and Markets Authority ”.
(28)In paragraph 28, in sub-paragraph (2), for “A member of the Competition Commission” substitute “ An authorised member of the Competition and Markets Authority ”.
(29)In paragraph 30—
(a)in sub-paragraphs (1) to (4), for “the Competition Commission” (in each place where it occurs) substitute “ the Competition and Markets Authority ”,
(b)after sub-paragraph (4), insert—
“(4A)For the purposes of sub-paragraphs (1) to (4), the consent of the Competition and Markets Authority is to be given by an authorised member of the Competition and Markets Authority.”, and
(c)in sub-paragraph (6), for “Competition Commission” substitute “ Competition and Markets Authority ”.
(30)In paragraph 31, in sub-paragraphs (1), (5) and (6), for “Competition Commission” (in each place where it occurs) substitute “ CMA Board ”.
(31)In paragraph 32—
(a)in sub-paragraph (1)—
(i)for “Competition Commission” substitute “ Competition and Markets Authority ”, and
(ii)for “the Commission” substitute “ the Competition and Markets Authority ”,
(b)in sub-paragraph (2)—
(i)for “Competition Commission” substitute “ Competition and Markets Authority ”, and
(ii)for “the Commission” substitute “ the Competition and Markets Authority ”, and
(c)in sub-paragraphs (3) and (4), for “Competition Commission” (in each place where it occurs) substitute “ group ”.
(32)In paragraph 34—
(a)for “Competition Commission” substitute “ Competition and Markets Authority or a member of the Competition and Markets Authority ”, and
(b)“it must publish or send it” substitute “it must be published or sent”.
(33)In paragraph 35, in sub-paragraph (1)—
(a)for the definition of “authorised member of the Competition Commission” substitute—
““authorised member of the Competition and Markets Authority—
(a)in relation to a power exercisable in connection with an appeal or application or direction in respect of which a group has been constituted by the chair of the Competition and Markets Authority under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, means a member of that group who has been authorised by the chair of the Competition and Markets Authority to exercise that power;
(b)in relation to a power exercisable in connection with an application for permission to bring an appeal, or otherwise in connection with an appeal or application or direction in respect of which a group has not been so constituted by the chair of the Competition and Markets Authority, means—
(i)any member of the CMA Board who is also a member of the CMA panel, or
(ii)any member of the CMA panel authorised by the Secretary of State (whether generally or specifically) to exercise the power in question;”,
(b)omit the definition of “Chairman”,
(c)omit the definition of “a group”, and
(d)before the definition of “intervener” insert—
““CMA Board” and “CMA panel” have the same meaning as in Schedule 4 to the Enterprise and Regulatory Reform Act 2013;”.
Commencement Information
I148Sch. 6 para. 148 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
149N.I.The Electricity (Northern Ireland) Order 1992 is amended as follows.
Commencement Information
I149Sch. 6 para. 149 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
150N.I.In article 2 (interpretation), in paragraph (2), before the definition of “the Department” insert—
“ “the CMA” means the Competition and Markets Authority;”.
Commencement Information
I150Sch. 6 para. 150 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
151(1)Article 15 (modification references) is amended as follows.N.I.
(2)In paragraph (1)—
(a)for “Competition Commission” substitute “ CMA ”, and
(b)for “the Commission” substitute “ the CMA ”.
(3)In paragraph (2)—
(a)for “Competition Commission” substitute “ CMA ”, and
(b)for “the Commission” substitute “ the CMA ”.
(4)In paragraph (3), for “Competition Commission” substitute “ CMA ”.
(5)In paragraph (5)—
(a)for “Competition Commission” substitute “ CMA ”, and
(b)for “the Commission” substitute “ the CMA ”.
(6)In paragraph (6)—
(a)for “Competition Commission” substitute “ CMA ”, and
(b)for “the Commission” (in each place where it occurs) substitute “ the CMA ”.
(7)In paragraph (7), for “Competition Commission” substitute “ CMA ”.
(8)After paragraph (7) insert—
“(7A)The functions of the CMA with respect to a reference under this Article are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (including functions relating to the making of modifications following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act 2002, as applied by Articles 15B and 17A).”
(9)In paragraph (9), for the words from “members” to the end substitute “ persons to membership of the CMA for the purpose of being available for selection as members of a group constituted to carry out functions on behalf of the CMA with respect to a reference under this Article ”.
(10)In paragraph (9A), for “selecting” substitute “ constituting ”.
(11)In the heading, for “Monopolies Commission” substitute “ CMA ”.
Commencement Information
I151Sch. 6 para. 151 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
152N.I.In article 15A (references under article 15: time limits), in paragraphs (2) and (3), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
Commencement Information
I152Sch. 6 para. 152 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
153(1)Article 16 (reports on modification references) is amended as follows.N.I.
(2)In paragraph (1), for “Competition Commission” substitute “ CMA ”.
(3)In paragraph (1A)—
(a)for “Competition Commission” substitute “ CMA ”, and
(b)for the words from “in connection with” to the end substitute “ by the chair of the CMA for the purpose of carrying out the functions of the CMA with respect to the reference ”.
(4)In paragraphs (1B), (3) to (3C) and (4), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
Commencement Information
I153Sch. 6 para. 153 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
154N.I.In article 17 (modification following report), in paragraphs (1) and (5), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
Commencement Information
I154Sch. 6 para. 154 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
155(1)Article 17A (power to veto modifications following report) is amended as follows.N.I.
(2)In paragraph (1), for the words from the beginning to “Commission”)” substitute “ The CMA ”.
(3)In paragraphs (2) to (8), (10) to (12), (14) and (16), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(4)In the heading, for “Competition Commission's” substitute “CMA's”.
Commencement Information
I155Sch. 6 para. 155 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
156N.I.In article 18 (modification by order under other statutory provisions), in paragraph (1), for “Office of Fair Trading, the Competition Commission” substitute “ CMA ”.
Commencement Information
I156Sch. 6 para. 156 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
157(1)Article 53 (annual and other reports) is amended as follows.N.I.
(2)In paragraph (1)(a)(ii), for “Competition Commission” substitute “CMA's”.
(3)Omit paragraph (6).
Commencement Information
I157Sch. 6 para. 157 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
158N.I.The Gas (Northern Ireland) Order 1996 is amended as follows.
Commencement Information
I158Sch. 6 para. 158 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
159N.I.In article 2 (interpretation), in paragraph (2), before the definition of “construction” insert—
““the CMA” means the Competition and Markets Authority;”.
Commencement Information
I159Sch. 6 para. 159 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
160(1)Article 15 (modification references) is amended as follows.N.I.
(2)In paragraph (1)—
(a)for “Competition Commission” substitute “ CMA ”, and
(b)for “the Commission” substitute “ the CMA ”.
(3)In paragraph (2)—
(a)for “Competition Commission” substitute “ CMA ”, and
(b)for “the Commission” substitute “ the CMA ”.
(4)In paragraph (3)—
(a)for “Competition Commission” substitute “ CMA ”, and
(b)for “the Commission” substitute “ the CMA ”.
(5)In paragraph (4), for “Competition Commission” substitute “ CMA ”.
(6)In paragraph (6)—
(a)for “Competition Commission” substitute “ CMA ”, and
(b)for “the Commission” substitute “ the CMA ”.
(7)In paragraph (7)—
(a)for “Competition Commission” substitute “ CMA ”, and
(b)for “the Commission” (in each place where it occurs) substitute “ the CMA ”.
(8)In paragraph (8), for “Competition Commission” substitute “ CMA ”.
(9)After paragraph (8) insert—
“(8A)The functions of the CMA with respect to a reference under this Article are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (including functions relating to the making of modifications following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act 2002, as applied by Articles 15B and 17A).”
(10)In the heading, for “Monopolies Commission” substitute “ Competition and Markets Authority ”.
Commencement Information
I160Sch. 6 para. 160 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
161N.I.In article 15A (references under article 15: time limits), in paragraphs (2) and (3), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
Commencement Information
I161Sch. 6 para. 161 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
162(1)Article 16 (reports on modification references) is amended as follows.N.I.
(2)In paragraph (1), for “Competition Commission” substitute “ CMA ”.
(3)In paragraph (1A)—
(a)for “Competition Commission” substitute “ CMA ”, and
(b)for the words from “in connection with” to the end substitute “ by the chair of the CMA for the purpose of carrying out the functions of the CMA with respect to the reference ”.
(4)In paragraphs (1B), (3) to (3C) and (4), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
Commencement Information
I162Sch. 6 para. 162 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
163N.I.In article 17 (modification following report), in paragraphs (1) and (5A), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
Commencement Information
I163Sch. 6 para. 163 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
164(1)Article 17A (power to veto modifications following report) is amended as follows.N.I.
(2)In paragraph (1), for the words from the beginning to “Commission”)” substitute “ The CMA ”.
(3)In paragraphs (2) to (10), (13) to (15), (17) and (19), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(4)In the heading, for “Competition Commission's” substitute “CMA's”.
Commencement Information
I164Sch. 6 para. 164 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
165N.I.In article 18 (modification by order under other statutory provisions), in paragraph (1), for “Office of Fair Trading, the Competition Commission” substitute “ CMA ”.
Commencement Information
I165Sch. 6 para. 165 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
166(1)Article 32 (annual and other reports) is amended as follows.N.I.
(2)In paragraph (1)(a)(ii), for “Monopolies Commission's” substitute “CMA's”.
(3)Omit paragraph (6).
Commencement Information
I166Sch. 6 para. 166 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
167N.I.The Energy (Northern Ireland) Order 2003 is amended as follows.
Commencement Information
I167Sch. 6 para. 167 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
168(1)Article 6 (annual and other reports of the Authority) is amended as follows.N.I.
(2)In paragraph (1)(b), for “Competition Commission” substitute “ Competition and Markets Authority ”.
(3)Omit paragraph (10).
Commencement Information
I168Sch. 6 para. 168 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
169N.I.In article 38 (modification of licences), in paragraphs (1) and (2), for “, the Office of Fair Trading or the Competition Commission” (in each place where those words occur) substitute “ or the Competition and Markets Authority ”.
Commencement Information
I169Sch. 6 para. 169 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
170(1)Schedule 2 (orders altering licensable activities) is amended as follows.N.I.
(2)In paragraph 1, after sub-paragraph (3), insert—
“(4)In this Schedule, “the CMA” means the Competition and Markets Authority.”
(3)In paragraph 2—
(a)in sub-paragraph (4), for “Competition Commission” substitute “ CMA ”, and
(b)in sub-paragraphs (5) and (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(4)In the italic cross-heading preceding paragraph 3, for “Competition Commission” substitute “ CMA ”.
(5)In paragraph 3—
(a)in sub-paragraph (1)—
(i)for “Competition Commission” substitute “ CMA ”, and
(ii)for “the Commission” substitute “ the CMA ”,
(b)in sub-paragraphs (2), (3), (5) and (6), for “Commission” (in each place where it occurs) substitute “ CMA ”, and
(c)after sub-paragraph (6), insert—
“(7)The functions of the CMA with respect to a reference under this paragraph (including functions under sections 109 to 115 of the Enterprise Act 2002, as applied by paragraph 5) are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013.”
(6)In paragraph 4—
(a)in sub-paragraph (2), for “Competition Commission” substitute “ CMA ”, and
(b)in sub-paragraph (3), for “Commission” substitute “ CMA ”.
(7)In paragraph 5, in sub-paragraph (4)—
(a)for “Competition Commission” substitute “ CMA ”, and
(b)for the words from “the words” to the end, substitute “ for the words “, OFCOM or the Secretary of State” there were substituted “or OFCOM” ”.
(8)In paragraph 6—
(a)in sub-paragraph (1), for “Competition Commission” substitute “ CMA ”,
(b)in sub-paragraphs (2) and (3), for “Commission” (in each place where it occurs) substitute “ CMA ”,
(c)in sub-paragraph (4)—
(i)for “Commission” substitute “ CMA ”, and
(ii)for the words from “in connection with” to the end substitute “ by the chair of the CMA for the purpose of carrying out the functions of the CMA with respect to the reference ”, and
(d)in sub-paragraphs (5) to (9) and (11), for “Commission” (in each place where it occurs) substitute “ CMA ”.
Commencement Information
I170Sch. 6 para. 170 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
171SThe Water Services etc (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 is amended as follows.
Commencement Information
I171Sch. 6 para. 171 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
172SIn article 2 (interpretation), in paragraph (1), for the definition of “the Commission” substitute—
““the CMA” means the Competition and Markets Authority;”.
Commencement Information
I172Sch. 6 para. 172 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
173(1)Article 3 (references) is amended as follows.S
(2)In paragraphs (1), (5) to (9), and (11) and (12), for “Commission” substitute “ CMA ”.
(3)After paragraph (12) insert—
“(13)The functions of the CMA with respect to a reference under this article are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (including functions relating to the making of modifications following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act 2002, as applied by articles 5 and 10).”
(4)In the heading, for “Commission” substitute “ CMA ”.
Commencement Information
I173Sch. 6 para. 173 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
174SIn article 4 (references: time limits), in paragraphs (2) and (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.
Commencement Information
I174Sch. 6 para. 174 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
175SIn article 5 (references: powers of investigation), in paragraph (4)(a), for paragraph (i) substitute—
“(i)the words “, OFCOM or the Secretary of State” were omitted;”.
Commencement Information
I175Sch. 6 para. 175 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
176(1)Article 6 (consultation on proposals) is amended as follows.S
(2)In paragraphs (1) to (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(3)In the heading, for “Commission” substitute “ CMA ”.
Commencement Information
I176Sch. 6 para. 176 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
177(1)Article 7 (reports on references) is amended as follows.S
(2)In paragraphs (1) to (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(3)In paragraph (6)—
(a)for “Commission” substitute “ CMA ”, and
(b)for the words from “constituted,” to the end substitute “ constituted by the chair of the CMA for the purpose of carrying out the functions of the CMA with respect to the reference ”.
(4)In paragraphs (7) and (8), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(5)In paragraph (10), for “Commission's” substitute “CMA's”.
(6)In paragraph (12), for “Commission” substitute “ CMA ”.
Commencement Information
I177Sch. 6 para. 177 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
178(1)Article 8 (modifications following report) is amended as follows.S
(2)In paragraph (1), for “Commission” substitute “ CMA ”.
(3)In paragraph (2)—
(a)for “Commission” substitute “ CMA ”, and
(b)for “Commission's” substitute “CMA's”.
(4)In paragraph (3), for “Commission's” substitute “CMA's”.
(5)In paragraph (6), for “Commission” substitute “ CMA ”.
Commencement Information
I178Sch. 6 para. 178 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
179(1)Article 9 (power of veto following report) is amended as follows.S
(2)In paragraphs (1) to (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(3)In paragraph (4)—
(a)for “Commission” (in each place where it occurs) substitute “ CMA ”, and
(b)for “Commission's” (in each place where it occurs) substitute “CMA's”.
(4)In paragraphs (5) to (8), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(5)In the heading, for “Commission's” substitute “CMA's”.
Commencement Information
I179Sch. 6 para. 179 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
180(1)Article 10 (article 9: supplementary) is amended as follows.S
(2)In paragraphs (2), (3) and (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(3)In paragraph (6)(a), for paragraph (i) substitute—
“(i)the words “, OFCOM or the Secretary of State” were omitted;”.
Commencement Information
I180Sch. 6 para. 180 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
181N.I.The Water and Sewerage Services (Northern Ireland) Order 2006 is amended as follows.
Commencement Information
I181Sch. 6 para. 181 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
182N.I.In article 2 (interpretation), in paragraph (2)—
(a)after the definition of “the Authority”, insert—
“ “the CMA” means the Competition and Markets Authority;”, and
(b)omit the definition of “the OFT”.
Commencement Information
I182Sch. 6 para. 182 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
183(1)Article 19 (determinations under conditions of appointment) is amended as follows.N.I.
(2)In paragraph (2)—
(a)for “Competition Commission” substitute “ CMA ”, and
(b)for “the Commission” substitute “ the CMA ”.
(3)In paragraph (3)—
(a)for “Competition Commission” substitute “ CMA ”, and
(b)for “that Commission” (in each place where it occurs) substitute “ the CMA ”.
(4)In paragraph (4)—
(a)for “Competition Commission” substitute “ CMA ”, and
(b)for “the Commission” (in each place where it occurs) substitute “ the CMA ”.
(5)In paragraph (5), for “Competition Commission” substitute “ CMA ”.
(6)In paragraph (6)—
(a)for “Competition Commission” substitute “ CMA ”, and
(b)for “the Commission” substitute “ the CMA ”.
(7)After paragraph (6) insert—
“(7)The functions of the CMA with respect to a reference under this Article are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (including functions relating to the making of modifications following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act, as applied by paragraph (5) read with Article 27).”
Commencement Information
I183Sch. 6 para. 183 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
184(1)Article 21 (modification references) is amended as follows.N.I.
(2)In paragraph (1)—
(a)for “Competition Commission” substitute “ CMA ”, and
(b)for “the Commission” substitute “ the CMA ”.
(3)In paragraph (2)—
(a)for “Competition Commission” substitute “ CMA ”, and
(b)for “the Commission” substitute “ the CMA ”.
(4)In paragraph (3), for “Competition Commission” substitute “ CMA ”.
(5)In paragraph (5)—
(a)for “Competition Commission” substitute “ CMA ”, and
(b)for “the Commission” (in each place where it occurs) substitute “ the CMA ”.
(6)In paragraph (6), for “Competition Commission” substitute “ CMA ”.
(7)After paragraph (6) insert—
“(7)The functions of the CMA with respect to a reference under this Article are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (including functions relating to the making of modifications following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act 2002, as applied by Articles 23 and 27).”
(8)In the heading, for “Competition Commission” substitute “ CMA ”.
Commencement Information
I184Sch. 6 para. 184 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
185N.I.In article 22 (references under article 21: time limits), in paragraphs (2) and (3), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
Commencement Information
I185Sch. 6 para. 185 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
186(1)Article 24 (reports on modification references) is amended as follows.N.I.
(2)In paragraph (1), for “Competition Commission” substitute “ CMA ”.
(3)In paragraph (2)—
(a)for “Competition Commission” substitute “ CMA ”, and
(b)for the words from “in connection with” to the end, substitute “ by the chair of the CMA for the purpose of carrying out the functions of the CMA with respect to the reference in question ”.
(4)In paragraphs (3) to (5), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.
(5)In paragraphs (6) and (7), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(6)In paragraph (9), for “Competition Commission” substitute “ CMA ”.
Commencement Information
I186Sch. 6 para. 186 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
187N.I.In article 25 (modifications following report), in paragraphs (1) and (5), for “Competition Commission” substitute “ CMA ”.
Commencement Information
I187Sch. 6 para. 187 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
188(1)Article 26 (power of veto following report) is amended as follows.N.I.
(2)In paragraph (1), for “Competition Commission” substitute “ CMA ”.
(3)In paragraphs (2) to (9), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(4)In the heading, for “Commission's” substitute “CMA's”.
Commencement Information
I188Sch. 6 para. 188 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
189(1)Article 27 (power of veto following report: supplementary) is amended as follows.N.I.
(2)In paragraph (2), for “Competition Commission” substitute “ CMA ”.
(3)In paragraphs (3), (4), (6) and (8), for “Commission” (in each place where it occurs) substitute “ CMA ”.
(4)In the heading, for “Commission's” substitute “CMA's”.
Commencement Information
I189Sch. 6 para. 189 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
190N.I.In article 28 (modification by order under other statutory provisions), in paragraph (1)—
(a)for “OFT, the Competition Commission” substitute “ CMA ”, and
(b)for “OFT, the Commission” substitute “ CMA ”.
Commencement Information
I190Sch. 6 para. 190 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
191N.I.In article 57 (restrictions on disclosure of information), in sub-paragraph (7), for “Competition Commission” substitute “ CMA ”.
Commencement Information
I191Sch. 6 para. 191 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
192SThe Legal Services (Scotland) Act 2010 is amended as follows.
Commencement Information
I192Sch. 6 para. 192 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
193SIn section 8 (pre-approval consideration), in subsection (1)(b), for “OFT” substitute “ CMA ”.
Commencement Information
I193Sch. 6 para. 193 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
194SIn section 15 (initial considerations), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
Commencement Information
I194Sch. 6 para. 194 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
195SIn section 28 (communicating outside), in subsection (1)(e), for “OFT” substitute “ CMA ”.
Commencement Information
I195Sch. 6 para. 195 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
196SIn section 49 (majority ownership), in subsection (5)(b)(iii), for “OFT” substitute “ CMA ”.
Commencement Information
I196Sch. 6 para. 196 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
197(1)Section 76 (input) is amended as follows.S
(2)In subsections (1) to (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.
(3)In the heading, for “OFT” substitute “ CMA ”.
Commencement Information
I197Sch. 6 para. 197 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
198SIn section 92 (certification of bodies), in subsections (4) and (5), for “OFT” (in each place where it occurs) substitute “ CMA ”.
Commencement Information
I198Sch. 6 para. 198 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
199SIn section 103 (certification of bodies), in subsections (4) and (5), for “OFT” (in each place where it occurs) substitute “ CMA ”.
Commencement Information
I199Sch. 6 para. 199 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
200(1)Section 113 (regard to input) is amended as follows.S
(2)In subsections (1) to (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.
(3)In the heading, for “OFT” substitute “ CMA ”.
Commencement Information
I200Sch. 6 para. 200 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
201SIn section 122 (particular rules), in subsection (2), for “OFT” substitute “ CMA ”.
Commencement Information
I201Sch. 6 para. 201 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
202SIn section 125 (citizens advice bodies), in subsection (4)(b), for “OFT” substitute “ CMA ”.
Commencement Information
I202Sch. 6 para. 202 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
203SIn section 147 (further modification), in subsection (3)(d), for “OFT” substitute “ CMA ”.
Commencement Information
I203Sch. 6 para. 203 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
204(1)In section 149 (definitions), in subsection (1)—S
(a)after the definition of “the 2007 Act” insert—
““CMA” means Competition and Markets Authority,”, and”
(b)omit the definition of “OFT”.
Commencement Information
I204Sch. 6 para. 204 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
205SIn schedule 2 (directions), in paragraph 4, in sub-paragraph (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.
Commencement Information
I205Sch. 6 para. 205 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
206SIn schedule 5 (amendment of authorisation), in paragraph 4, in sub-paragraph (2)(b)(i), for “OFT” substitute “ CMA ”.
Commencement Information
I206Sch. 6 para. 206 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
207SIn schedule 6 (rescission of authorisation), in paragraph 4, in sub-paragraph (2)(b)(i), for “OFT” substitute “ CMA ”.
Commencement Information
I207Sch. 6 para. 207 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
208SIn schedule 7 (surrender of authorisation), in paragraph 3, in sub-paragraph (1)(a)(ii), for “OFT” substitute “ CMA ”.
Commencement Information
I208Sch. 6 para. 208 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
209SIn schedule 9 (index of expressions used), in the first table, in the column headed “Whole Act expressions”—
(a)after the reference to “advocate”, insert a reference to “ CMA ”;
(b)omit the reference to “OFT”.
Commencement Information
I209Sch. 6 para. 209 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)
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