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

Transport Act 2000 (c. 38) U.K.

85 U.K. The Transport Act 2000 is amended as follows.

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 ”.

87 U.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 ”.

88 U.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 ”.”

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 ”.

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 ”.

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”.

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 ”.

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”.

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 ”.”

95 U.K. In section 19 (modification by order under other enactments), in subsection (1), for “Office of Fair Trading, the Competition Commission” substitute “ CMA ”.

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 ”.