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

Water Industry Act 1991 (c. 56) E+W

52 E+W The Water Industry Act 1991 is amended as follows.

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).”

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 ”.

55 E+W In section 14A (references under section 14: time limits), in subsections (2) and (3), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

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 ”.

57 E+W In section 16 (modification following report), in subsections (1) and (4A), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

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”.

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”.

60 E+W In section 17 (modification by order under other enactments), in subsection (1), for “OFT, the Competition Commission” substitute “ CMA ”.

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 ”.

62 E+W In section 17L (references under section 17K: time limits), in subsections (2) and (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.

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 ”.

64 E+W In section 17O (water supply licences: modification following report), in subsections (1) and (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.

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”.

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 ”.

67 E+W In section 17R (water supply licences: modification by order under other enactments), in subsection (1), for “OFT, the Commission” substitute “ CMA ”.

68 E+W In 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”.