SCHEDULES

SCHEDULE 6Regulatory appeals etc: minor and consequential amendments

PART 1Amendments to Acts

Railways Act 1993 (c. 43)

69

The Railways Act 1993 is amended as follows.

70

1

Section 13 (modification references) is amended as follows.

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 ”.

71

In section 13A (references under section 13: time limits), in subsections (2) and (3), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

72

1

In section 13B (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 ”.

73

1

Section 14 (reports on modification references) is amended as follows.

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 ”.

74

In section 15 (modification following report), in subsections (1), (4A), (4C) and (4D), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

75

1

Section 15A (power to veto modifications following report) is amended as follows.

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”.

76

1

Section 15B (making of modifications) is amended as follows.

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 ”.

77

1

Section 15C (sections 15A and 15B: supplementary) is amended as follows.

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 ”.

78

In section 16 (modification by order under other enactments), in subsection (1), for “OFT, the Competition Commission” substitute “ CMA ”.

79

1

Section 74 (annual and other reports) is amended as follows.

2

In subsection (1)(b), for “Competition Commission's” substitute “CMA's”.

3

Omit subsection (7).

80

In 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”.

81

1

Schedule 4A (review of access charges by regulators) is amended as follows.

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 ”.

d

in sub-paragraphs (3) and (4), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.