Enterprise and Regulatory Reform Act 2013 (c. 24)

SCHEDULES

Valid from 01/04/2014

SCHEDULE 6 U.K. Regulatory appeals etc: minor and consequential amendments

PART 1 U.K. Amendments to Acts

Legal Services Act 2007 (c. 29) E+W

108 E+W The Legal Services Act 2007 is amended as follows.

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 ”.

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 ”.

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”.

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 ”.

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 ”.

114 E+W In section 66 (Board's power to recommend orders), in subsection (3)(b), for “OFT” substitute “ CMA ”.

115 E+W In section 67 (effect of Board's designation as approved regulator), in subsection (3), for “OFT” substitute “ CMA ”.

116 E+W In 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”.

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 ”.

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 ”.

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 ”.

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 ”.

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 ”.

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 ”.

123 E+W In Schedule 24 (index of defined expressions)—

(a) at the appropriate place insert—

“CMA	section 207”, and

(b) omit the reference to the OFT.