SCHEDULES

SCHEDULE 6Regulatory appeals etc: minor and consequential amendments

PART 2Amendments to other enactments

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

171

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

172

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.

(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

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

175

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.

(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.

(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.

(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.

(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.

(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;”.