Enterprise and Regulatory Reform Act 2013

Valid from 01/04/2014

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”.