Enterprise and Regulatory Reform Act 2013

Valid from 01/04/2014

PART 2 S+N.I. Amendments to other enactments

Electricity (Northern Ireland) Order 1992 (SI 1992/231 (N.I. 1)) N.I.

149 N.I. The Electricity (Northern Ireland) Order 1992 is amended as follows.

150 N.I. In article 2 (interpretation), in paragraph (2), before the definition of “the Department” insert—

“ “the CMA” means the Competition and Markets Authority;”.

151 (1) Article 15 (modification references) is amended as follows. N.I.

(2) In paragraph (1)—

(a) for “Competition Commission” substitute “ CMA ”, and

(b) for “the Commission” substitute “ the CMA ”.

(3) In paragraph (2)—

(a) for “Competition Commission” substitute “ CMA ”, and

(b) for “the Commission” substitute “ the CMA ”.

(4) In paragraph (3), for “Competition Commission” substitute “ CMA ”.

(5) In paragraph (5)—

(a) for “Competition Commission” substitute “ CMA ”, and

(b) for “the Commission” substitute “ the CMA ”.

(6) In paragraph (6)—

(a) for “Competition Commission” substitute “ CMA ”, and

(b) for “the Commission” (in each place where it occurs) substitute “ the CMA ”.

(7) In paragraph (7), for “Competition Commission” substitute “ CMA ”.

(8) After paragraph (7) insert—

“(7A) The functions of the CMA with respect to a reference under this Article 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 Articles 15B and 17A).”

(9) In paragraph (9), for the words from “members” to the end substitute “ persons to membership of the CMA for the purpose of being available for selection as members of a group constituted to carry out functions on behalf of the CMA with respect to a reference under this Article ”.

(10) In paragraph (9A), for “selecting” substitute “ constituting ”.

(11) In the heading, for “Monopolies Commission” substitute “ CMA ”.

152 N.I. In article 15A (references under article 15: time limits), in paragraphs (2) and (3), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

153 (1) Article 16 (reports on modification references) is amended as follows. N.I.

(2) In paragraph (1), for “Competition Commission” substitute “ CMA ”.

(3) In paragraph (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 paragraphs (1B), (3) to (3C) and (4), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

154 N.I. In article 17 (modification following report), in paragraphs (1) and (5), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

155 (1) Article 17A (power to veto modifications following report) is amended as follows. N.I.

(2) In paragraph (1), for the words from the beginning to “Commission”)” substitute “ The CMA ”.

(3) In paragraphs (2) to (8), (10) to (12), (14) and (16), for “Commission” (in each place where it occurs) substitute “ CMA ”.

(4) In the heading, for “Competition Commission's” substitute “CMA's”.

156 N.I. In article 18 (modification by order under other statutory provisions), in paragraph (1), for “Office of Fair Trading, the Competition Commission” substitute “ CMA ”.

157 (1) Article 53 (annual and other reports) is amended as follows. N.I.

(2) In paragraph (1)(a)(ii), for “Competition Commission” substitute “CMA's”.

(3) Omit paragraph (6).

Gas (Northern Ireland) Order 1996 (SI 1996/275 (N.I.2)) N.I.

158 N.I. The Gas (Northern Ireland) Order 1996 is amended as follows.

159 N.I. In article 2 (interpretation), in paragraph (2), before the definition of “construction” insert—

““the CMA” means the Competition and Markets Authority;”.

160 (1) Article 15 (modification references) is amended as follows. N.I.

(2) In paragraph (1)—

(a) for “Competition Commission” substitute “ CMA ”, and

(b) for “the Commission” substitute “ the CMA ”.

(3) In paragraph (2)—

(a) for “Competition Commission” substitute “ CMA ”, and

(b) for “the Commission” substitute “ the CMA ”.

(4) In paragraph (3)—

(a) for “Competition Commission” substitute “ CMA ”, and

(b) for “the Commission” substitute “ the CMA ”.

(5) In paragraph (4), for “Competition Commission” substitute “ CMA ”.

(6) In paragraph (6)—

(a) for “Competition Commission” substitute “ CMA ”, and

(b) for “the Commission” substitute “ the CMA ”.

(7) In paragraph (7)—

(a) for “Competition Commission” substitute “ CMA ”, and

(b) for “the Commission” (in each place where it occurs) substitute “ the CMA ”.

(8) In paragraph (8), for “Competition Commission” substitute “ CMA ”.

(9) After paragraph (8) insert—

“(8A) The functions of the CMA with respect to a reference under this Article 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 Articles 15B and 17A).”

(10) In the heading, for “Monopolies Commission” substitute “ Competition and Markets Authority ”.

161 N.I. In article 15A (references under article 15: time limits), in paragraphs (2) and (3), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

162 (1) Article 16 (reports on modification references) is amended as follows. N.I.

(2) In paragraph (1), for “Competition Commission” substitute “ CMA ”.

(3) In paragraph (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 paragraphs (1B), (3) to (3C) and (4), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

163 N.I. In article 17 (modification following report), in paragraphs (1) and (5A), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

164 (1) Article 17A (power to veto modifications following report) is amended as follows. N.I.

(2) In paragraph (1), for the words from the beginning to “Commission”)” substitute “ The CMA ”.

(3) In paragraphs (2) to (10), (13) to (15), (17) and (19), for “Commission” (in each place where it occurs) substitute “ CMA ”.

(4) In the heading, for “Competition Commission's” substitute “CMA's”.

165 N.I. In article 18 (modification by order under other statutory provisions), in paragraph (1), for “Office of Fair Trading, the Competition Commission” substitute “ CMA ”.

166 (1) Article 32 (annual and other reports) is amended as follows. N.I.

(2) In paragraph (1)(a)(ii), for “Monopolies Commission's” substitute “CMA's”.

(3) Omit paragraph (6).

Energy (Northern Ireland) Order 2003 (SI 2003/419 (N.I. 6)) N.I.

167 N.I. The Energy (Northern Ireland) Order 2003 is amended as follows.

168 (1) Article 6 (annual and other reports of the Authority) is amended as follows. N.I.

(2) In paragraph (1)(b), for “Competition Commission” substitute “ Competition and Markets Authority ”.

(3) Omit paragraph (10).

169 N.I. In article 38 (modification of licences), in paragraphs (1) and (2), for “, the Office of Fair Trading or the Competition Commission” (in each place where those words occur) substitute “ or the Competition and Markets Authority ”.

170 (1) Schedule 2 (orders altering licensable activities) is amended as follows. N.I.

(2) In paragraph 1, after sub-paragraph (3), insert—

“(4) In this Schedule, “the CMA” means the Competition and Markets Authority.”

(3) In paragraph 2—

(a) in sub-paragraph (4), for “Competition Commission” substitute “ CMA ”, and

(b) in sub-paragraphs (5) and (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.

(4) In the italic cross-heading preceding paragraph 3, for “Competition Commission” substitute “ CMA ”.

(5) In paragraph 3—

(a) in sub-paragraph (1)—

(i) for “Competition Commission” substitute “ CMA ”, and

(ii) for “the Commission” substitute “ the CMA ”,

(b) in sub-paragraphs (2), (3), (5) and (6), for “Commission” (in each place where it occurs) substitute “ CMA ”, and

(c) after sub-paragraph (6), insert—

“(7) The functions of the CMA with respect to a reference under this paragraph (including functions under sections 109 to 115 of the Enterprise Act 2002, as applied by paragraph 5) 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.”

(6) In paragraph 4—

(a) in sub-paragraph (2), for “Competition Commission” substitute “ CMA ”, and

(b) in sub-paragraph (3), for “Commission” substitute “ CMA ”.

(7) In paragraph 5, in sub-paragraph (4)—

(a) for “Competition Commission” substitute “ CMA ”, and

(b) for the words from “the words” to the end, substitute “ for the words “, OFCOM or the Secretary of State” there were substituted “or OFCOM” ”.

(8) In paragraph 6—

(a) in sub-paragraph (1), for “Competition Commission” substitute “ CMA ”,

(b) in sub-paragraphs (2) and (3), for “Commission” (in each place where it occurs) substitute “ CMA ”,

(c) in sub-paragraph (4)—

(i) for “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

(d) in sub-paragraphs (5) to (9) and (11), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Water Services etc (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 (SI 2005/3172) S

171 S The Water Services etc (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 is amended as follows.

172 S In article 2 (interpretation), in paragraph (1), for the definition of “the Commission” substitute—

““the CMA” means the Competition and Markets Authority;”.

173 (1) Article 3 (references) is amended as follows. S

(2) In paragraphs (1), (5) to (9), and (11) and (12), for “Commission” substitute “ CMA ”.

(3) After paragraph (12) insert—

“(13) The functions of the CMA with respect to a reference under this article 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 articles 5 and 10).”

(4) In the heading, for “Commission” substitute “ CMA ”.

174 S In article 4 (references: time limits), in paragraphs (2) and (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.

175 S In article 5 (references: powers of investigation), in paragraph (4)(a), for paragraph (i) substitute—

“(i) the words “, OFCOM or the Secretary of State” were omitted;”.

176 (1) Article 6 (consultation on proposals) is amended as follows. S

(2) In paragraphs (1) to (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.

(3) In the heading, for “Commission” substitute “ CMA ”.

177 (1) Article 7 (reports on references) is amended as follows. S

(2) In paragraphs (1) to (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.

(3) In paragraph (6)—

(a) for “Commission” substitute “ CMA ”, and

(b) for the words from “constituted,” to the end substitute “ constituted by the chair of the CMA for the purpose of carrying out the functions of the CMA with respect to the reference ”.

(4) In paragraphs (7) and (8), for “Commission” (in each place where it occurs) substitute “ CMA ”.

(5) In paragraph (10), for “Commission's” substitute “CMA's”.

(6) In paragraph (12), for “Commission” substitute “ CMA ”.

178 (1) Article 8 (modifications following report) is amended as follows. S

(2) In paragraph (1), for “Commission” substitute “ CMA ”.

(3) In paragraph (2)—

(a) for “Commission” substitute “ CMA ”, and

(b) for “Commission's” substitute “CMA's”.

(4) In paragraph (3), for “Commission's” substitute “CMA's”.

(5) In paragraph (6), for “Commission” substitute “ CMA ”.

179 (1) Article 9 (power of veto following report) is amended as follows. S

(2) In paragraphs (1) to (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.

(3) In paragraph (4)—

(a) for “Commission” (in each place where it occurs) substitute “ CMA ”, and

(b) for “Commission's” (in each place where it occurs) substitute “CMA's”.

(4) In paragraphs (5) to (8), for “Commission” (in each place where it occurs) substitute “ CMA ”.

(5) In the heading, for “Commission's” substitute “CMA's”.

180 (1) Article 10 (article 9: supplementary) is amended as follows. S

(2) In paragraphs (2), (3) and (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.

(3) In paragraph (6)(a), for paragraph (i) substitute—

“(i) the words “, OFCOM or the Secretary of State” were omitted;”.

Water and Sewerage Services (Northern Ireland) Order 2006 (SI 2006/3336 N.I. 21)) N.I.

181 N.I. The Water and Sewerage Services (Northern Ireland) Order 2006 is amended as follows.

182 N.I. In article 2 (interpretation), in paragraph (2)—

(a) after the definition of “the Authority”, insert—

“ “the CMA” means the Competition and Markets Authority;”, and

(b) omit the definition of “the OFT”.

183 (1) Article 19 (determinations under conditions of appointment) is amended as follows. N.I.

(2) In paragraph (2)—

(a) for “Competition Commission” substitute “ CMA ”, and

(b) for “the Commission” substitute “ the CMA ”.

(3) In paragraph (3)—

(a) for “Competition Commission” substitute “ CMA ”, and

(b) for “that Commission” (in each place where it occurs) substitute “ the CMA ”.

(4) In paragraph (4)—

(a) for “Competition Commission” substitute “ CMA ”, and

(b) for “the Commission” (in each place where it occurs) substitute “ the CMA ”.

(5) In paragraph (5), for “Competition Commission” substitute “ CMA ”.

(6) In paragraph (6)—

(a) for “Competition Commission” substitute “ CMA ”, and

(b) for “the Commission” substitute “ the CMA ”.

(7) After paragraph (6) insert—

“(7) The functions of the CMA with respect to a reference under this Article 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, as applied by paragraph (5) read with Article 27).”

184 (1) Article 21 (modification references) is amended as follows. N.I.

(2) In paragraph (1)—

(a) for “Competition Commission” substitute “ CMA ”, and

(b) for “the Commission” substitute “ the CMA ”.

(3) In paragraph (2)—

(a) for “Competition Commission” substitute “ CMA ”, and

(b) for “the Commission” substitute “ the CMA ”.

(4) In paragraph (3), for “Competition Commission” substitute “ CMA ”.

(5) In paragraph (5)—

(a) for “Competition Commission” substitute “ CMA ”, and

(b) for “the Commission” (in each place where it occurs) substitute “ the CMA ”.

(6) In paragraph (6), for “Competition Commission” substitute “ CMA ”.

(7) After paragraph (6) insert—

“(7) The functions of the CMA with respect to a reference under this Article 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 Articles 23 and 27).”

(8) In the heading, for “Competition Commission” substitute “ CMA ”.

185 N.I. In article 22 (references under article 21: time limits), in paragraphs (2) and (3), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

186 (1) Article 24 (reports on modification references) is amended as follows. N.I.

(2) In paragraph (1), for “Competition Commission” substitute “ CMA ”.

(3) In paragraph (2)—

(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 in question ”.

(4) In paragraphs (3) to (5), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

(5) In paragraphs (6) and (7), for “Commission” (in each place where it occurs) substitute “ CMA ”.

(6) In paragraph (9), for “Competition Commission” substitute “ CMA ”.

187 N.I. In article 25 (modifications following report), in paragraphs (1) and (5), for “Competition Commission” substitute “ CMA ”.

188 (1) Article 26 (power of veto following report) is amended as follows. N.I.

(2) In paragraph (1), for “Competition Commission” substitute “ CMA ”.

(3) In paragraphs (2) to (9), for “Commission” (in each place where it occurs) substitute “ CMA ”.

(4) In the heading, for “Commission's” substitute “CMA's”.

189 (1) Article 27 (power of veto following report: supplementary) is amended as follows. N.I.

(2) In paragraph (2), for “Competition Commission” substitute “ CMA ”.

(3) In paragraphs (3), (4), (6) and (8), for “Commission” (in each place where it occurs) substitute “ CMA ”.

(4) In the heading, for “Commission's” substitute “CMA's”.

190 N.I. In article 28 (modification by order under other statutory provisions), in paragraph (1)—

(a) for “OFT, the Competition Commission” substitute “ CMA ”, and

(b) for “OFT, the Commission” substitute “ CMA ”.

191 N.I. In article 57 (restrictions on disclosure of information), in sub-paragraph (7), for “Competition Commission” substitute “ CMA ”.

Legal Services (Scotland) Act 2010 (asp 16) S

192 S The Legal Services (Scotland) Act 2010 is amended as follows.

193 S In section 8 (pre-approval consideration), in subsection (1)(b), for “OFT” substitute “ CMA ”.

194 S In section 15 (initial considerations), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

195 S In section 28 (communicating outside), in subsection (1)(e), for “OFT” substitute “ CMA ”.

196 S In section 49 (majority ownership), in subsection (5)(b)(iii), for “OFT” substitute “ CMA ”.

197 (1) Section 76 (input) is amended as follows. S

(2) In subsections (1) to (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.

(3) In the heading, for “OFT” substitute “ CMA ”.

198 S In section 92 (certification of bodies), in subsections (4) and (5), for “OFT” (in each place where it occurs) substitute “ CMA ”.

199 S In section 103 (certification of bodies), in subsections (4) and (5), for “OFT” (in each place where it occurs) substitute “ CMA ”.

200 (1) Section 113 (regard to input) is amended as follows. S

(2) In subsections (1) to (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.

(3) In the heading, for “OFT” substitute “ CMA ”.

201 S In section 122 (particular rules), in subsection (2), for “OFT” substitute “ CMA ”.

202 S In section 125 (citizens advice bodies), in subsection (4)(b), for “OFT” substitute “ CMA ”.

203 S In section 147 (further modification), in subsection (3)(d), for “OFT” substitute “ CMA ”.

204 (1) In section 149 (definitions), in subsection (1)— S

(a) after the definition of “the 2007 Act” insert—

““CMA” means Competition and Markets Authority,”, and”

(b) omit the definition of “OFT”.

205 S In schedule 2 (directions), in paragraph 4, in sub-paragraph (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.

206 S In schedule 5 (amendment of authorisation), in paragraph 4, in sub-paragraph (2)(b)(i), for “OFT” substitute “ CMA ”.

207 S In schedule 6 (rescission of authorisation), in paragraph 4, in sub-paragraph (2)(b)(i), for “OFT” substitute “ CMA ”.

208 S In schedule 7 (surrender of authorisation), in paragraph 3, in sub-paragraph (1)(a)(ii), for “OFT” substitute “ CMA ”.

209 S In schedule 9 (index of expressions used), in the first table, in the column headed “Whole Act expressions”—

(a) after the reference to “advocate”, insert a reference to “ CMA ”;

(b) omit the reference to “OFT”.