The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014

PART 3 U.K. Amendments to other enactments

Agricultural Marketing Act (Northern Ireland) 1964 U.K.

209.  In section 23 of the Agricultural Marketing Act (Northern Ireland) 1964 (restrictions on disclosing information or returns)(1), in subsection (2), for paragraph (aaa)(2) substitute—

“(aaa) made to the Competition and Markets Authority, if it is made for the purpose of enabling the Authority to perform any of its functions under the Fair Trading Act 1973, the Competition Act 1980 or Part 3 of the Enterprise and Regulatory Reform Act 2013;”.

Commencement Information

I1 Sch. 1 para. 209 in force at 1.4.2014, see art. 1(1)

Agricultural Marketing (Northern Ireland) Order 1982 U.K.

210.—(1) The Agricultural Marketing (Northern Ireland) Order 1982(3) is amended as follows.

(2) In Article 23 (action following report by Competition Commission)(4)—

(a) in paragraph (3), after “147(2)” insert “or 147A(2)”, and

(b) in paragraph (4)(a) and in the heading, for “Competition Commission” substitute “Competition and Markets Authority”.

(3) In Article 29 (restrictions on disclosing certain information obtained under Part II)(5), in paragraph (3), for sub-paragraph (c) substitute—

“(c) made to the Competition and Markets Authority, if it is made for the purpose of enabling the Authority to perform any of its functions under the Fair Trading Act 1973, the Competition Act 1980 or Part 3 of the Enterprise and Regulatory Reform Act 2013;”.

(4) In Article 42 (action following report by Monopolies and Mergers Commission)(6)—

(a) in paragraph (1B), after “147(2)” insert “or 147A(2)”, and

(b) in paragraph (1C)(a), for “Competition Commission” substitute “Competition and Markets Authority”, and

(c) in the heading, for “Monopolies and Mergers Commission” substitute “Competition and Markets Authority”.

Commencement Information

I2 Sch. 1 para. 210 in force at 1.4.2014, see art. 1(1)

Electricity (Northern Ireland) Order 1992 U.K.

211.  The Electricity (Northern Ireland) Order 1992(7) is amended as follows.

Commencement Information

I3 Sch. 1 para. 211 in force at 1.4.2014, see art. 1(1)

212.  In Article 15 (modification references)(8), in paragraph (9A)—

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

(b) for “chairman of the Commission” substitute “chair of the CMA”.

Commencement Information

I4 Sch. 1 para. 212 in force at 1.4.2014, see art. 1(1)

213.—(1) Article 15B (references under Article 15: powers of investigation)(9) is amended as follows.

(2) In paragraph (1), after “paragraphs” insert “(1A),”.

(3) After paragraph (1), insert—

“(1A) Section 109 shall, in its application by virtue of paragraph (1), have effect as if—

(a) for subsection (A1), there were substituted—

“(A1) For the purposes of this section, a permitted purpose is assisting the CMA in carrying out any functions exercisable by it in connection with a reference under Article 15 of the Electricity (Northern Ireland) Order 1992.”, and

(b) subsection (8A) were omitted.”

(4) In paragraph (2)—

(a) at the end of sub-paragraph (a), omit “and”,

(b) after sub-paragraph (a), insert—

“(aa) after subsection (3), there were inserted—

“(3A) No penalty shall be imposed by virtue of subsection (1) or (3) if more than 4 weeks have passed since the publication of the report of the CMA on the reference concerned; but this subsection shall not apply in relation to any variation or substitution of the penalty which is permitted by virtue of this Part.”; and”.

(5) For paragraph (3) substitute—

“(3) Section 111(5)(b) shall, in its application by virtue of paragraph (1), have effect as if for sub-paragraph (ii) there were substituted—

“(ii) if earlier, the day on which the report of the CMA on the reference concerned is made or, if no such report is made within the period permitted for that purpose, the latest day on which the report may be made within the permitted period.”.”

Commencement Information

I5 Sch. 1 para. 213 in force at 1.4.2014, see art. 1(1)

214.—(1) Article 17A (competition authority’s power to veto modifications following report)(10) is amended as follows.

(2) In paragraph (14), after “paragraphs” insert “(14A),”.

(3) After paragraph (14), insert—

“(14A) Section 109 shall, in its application by virtue of paragraph (14), have effect as if—

(a) for subsection (A1), there were substituted—

“(A1) For the purposes of this section, a permitted purpose is assisting the CMA in carrying out any functions exercisable by it in connection with an investigation for the purposes of the exercise of its functions under Article 17A of the Electricity (Northern Ireland) Order 1992.”, and

(b) subsection (8A) were omitted.”

(4) In paragraph (15), for sub-paragraph (b), substitute—

“(b) after subsection (3), there were inserted—

“(3A) No penalty shall be imposed by virtue of subsection (1) or (3) if more than 4 weeks have passed since the publication by the CMA of a notice under Article 17A(8) of the Electricity (Northern Ireland) Order 1992 in connection with the reference concerned or, if no direction has been given by the CMA under Article 17A(1) of that Order in connection with the reference concerned and within the period permitted for that purpose, the latest day on which it was possible to give such a direction within the permitted period; but this subsection shall not apply in relation to any variation or substitution of the penalty which is permitted by virtue of this Part.”; and”.

Commencement Information

I6 Sch. 1 para. 214 in force at 1.4.2014, see art. 1(1)

215.  In Article 18 (modification by order under other statutory provisions)(11), in paragraph (2)(b), after “the market” insert “or markets”.

Commencement Information

I7 Sch. 1 para. 215 in force at 1.4.2014, see art. 1(1)

216.—(1) Article 46 (functions with respect to competition)(12) is amended as follows.

(2) In paragraph (2), for “Office of Fair Trading” substitute “CMA”.

(3) In paragraph (2A)—

(a) for “and 171” substitute “, 171 and 174E”,

(b) for “Office of Fair Trading” substitute “CMA”, and

(c) for “relating to” substitute—

“those functions—

(a) are exercisable by the CMA Board (within the meaning of Schedule 4 to the Enterprise and Regulatory Reform Act 2013), and

(b) relate to”.

(4) In paragraph (2B)—

(a) for “(2) and (2A), references” substitute—

“(2) and (2A)—

(a) references”,

(b) for “Office of Fair Trading” substitute “CMA”,

(c) for “and 171” substitute “, 171 and 174E”, and

(d) for “requires).” substitute—

“requires);

(b) references in that Part to section 5 of the Act of 2002 are to be construed as including references to Article 50(1) of this Order.”

(5) After paragraph (2B) insert—

“(2C) Section 130A of the Enterprise Act 2002 is to have effect in its application to the Authority by virtue of paragraphs (2) and (2A)—

(a) as if for subsection (1) of that section there were substituted—

“(1) Where the Northern Ireland Authority for Utility Regulation—

(a) is proposing to carry out its functions under Article 50(1) of the Electricity (Northern Ireland) Order 1992 in relation to a matter for the purposes mentioned in subsection (2), and

(b) considers that the matter is one in respect of which it would be appropriate for the Authority to exercise its powers under section 174 (investigation) in connection with deciding whether to make a reference under section 131,

the Authority must publish a notice under this section (referred to in this Part as a “market study notice”).”, and

(b) as if in subsection (2)(a) of that section, for “the acquisition or supply of goods or services of one or more than one description in the United Kingdom” there were substituted “commercial activities connected with the generation, transmission, distribution or supply of electricity”.”

(6) In paragraphs (3), (4), (4A) and (6A), for “Office of Fair Trading” (in each place where it occurs) substitute “CMA”.

(7) In paragraph (3A) for “the Office of Fair Trading” substitute “the CMA”.

(8) In paragraph (5)—

(a) in the words before paragraph (a)—

(i) for “the Competition Commission” substitute “a CMA group”,

(ii) for “reference made to them by the Director” substitute “market investigation reference made by the Authority (under section 131 of the Act of 2002)”, and

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

(9) After paragraph (5) insert—

“(5A) In paragraph (5) “CMA group” has the same meaning as in Schedule 4 to the Enterprise and Regulatory Reform Act 2013.”

(10) In paragraph (6)—

(a) for “reports of Competition Commission” substitute “market investigations”, and

(b) for “the Office of Fair Trading” substitute “the CMA”.

(11) In Article 50 (general functions)(13), in paragraph (3), for “the Office of Fair Trading” (in each place where it occurs) substitute “the CMA”.

Commencement Information

I8 Sch. 1 para. 216 in force at 1.4.2014, see art. 1(1)

Gas (Northern Ireland) Order 1996 U.K.

217.  The Gas (Northern Ireland) Order 1996(14) is amended as follows.

Commencement Information

I9 Sch. 1 para. 217 in force at 1.4.2014, see art. 1(1)

218.—(1) Article 15B (references under Article 15: powers of investigation)(15) is amended as follows.

(2) In paragraph (1), after “paragraphs” insert “(1A),”.

(3) After paragraph (1), insert—

“(1A) Section 109 shall, in its application by virtue of paragraph (1), have effect as if—

(a) for subsection (A1), there were substituted—

“(A1) For the purposes of this section, a permitted purpose is assisting the CMA in carrying out any functions exercisable by it in connection with a reference under Article 15 of the Gas (Northern Ireland) Order 1996.”, and

(b) subsection (8A) were omitted.”

(4) In paragraph (2)—

(a) at the end of sub-paragraph (a), omit “and”,

(b) after that sub-paragraph, insert—

“(aa) after subsection (3), there were inserted—

“(3A) No penalty shall be imposed by virtue of subsection (1) or (3) if more than 4 weeks have passed since the publication of the report of the CMA on the reference concerned; but this subsection shall not apply in relation to any variation or substitution of the penalty which is permitted by virtue of this Part.”; and”.

(5) For paragraph (3) substitute—

“(3) Section 111(5)(b) shall, in its application by virtue of paragraph (1), have effect as if for sub-paragraph (ii) there were substituted—

“(ii) if earlier, the day on which the report of the CMA on the reference concerned is made or, if no such report is made within the period permitted for that purpose, the latest day on which the report may be made within the permitted period.”.”

Commencement Information

I10 Sch. 1 para. 218 in force at 1.4.2014, see art. 1(1)

219.—(1) Article 17A (competition authority’s power to veto modifications following report)(16) is amended as follows.

(2) In paragraph (17), after “paragraphs” insert “(17A),”.

(3) After paragraph (17), insert—

“(17A) Section 109 shall, in its application by virtue of paragraph (17), have effect as if—

(a) for subsection (A1), there were substituted—

“(A1) For the purposes of this section, a permitted purpose is assisting the CMA in carrying out any functions exercisable by it in connection with an investigation for the purposes of the exercise of its functions under Article 17A of the Gas (Northern Ireland) Order 1996.”, and

(b) subsection (8A) were omitted.”

(4) In paragraph (18)—

(a) at the end of sub-paragraph (a), omit “and”,

(b) for sub-paragraph (b), substitute—

“(b) after subsection (3), there were inserted—

“(3A) No penalty shall be imposed by virtue of subsection (1) or (3) if more than 4 weeks have passed since the publication by the CMA of a notice under Article 17A(8) of the Gas (Northern Ireland) Order 1996 in connection with the reference concerned or, if no direction has been given by the CMA under Article 17A(1) of that Order in connection with the reference concerned and within the period permitted for that purpose, the latest day on which it was possible to give such a direction within the permitted period; but this subsection shall not apply in relation to any variation or substitution of the penalty which is permitted by virtue of this Part.”; and”.

Commencement Information

I11 Sch. 1 para. 219 in force at 1.4.2014, see art. 1(1)

220.  In Article 18 (modification by order under other statutory provisions)(17), in paragraph (1A)(b), after “the market” insert “or markets”.

Commencement Information

I12 Sch. 1 para. 220 in force at 1.4.2014, see art. 1(1)

221.—(1) Article 23 (functions with respect to competition)(18) is amended as follows.

(2) In paragraph (2), for “Office of Fair Trading” substitute “CMA”.

(3) In paragraph (2A)—

(a) for “Office of Fair Trading” substitute “CMA”,

(b) for “and 171” substitute “, 171 and 174E”, and

(c) for “relating to” substitute—

“those functions—

(a) are exercisable by the CMA Board (within the meaning of Schedule 4 to the Enterprise and Regulatory Reform Act 2013), and

(b) relate to”.

(4) In paragraph (2B)—

(a) for “(2) and (2A), references” substitute—

“(2) and (2A)—

(a) references”,

(b) for “Office of Fair Trading” substitute “CMA”,

(c) for “and 171” substitute “, 171 and 174E”, and

(d) for “requires).” substitute—

“requires);

(b) references in that Part to section 5 of the Act of 2002 are to be construed as including references to Article 27(1) of this Order.”

(5) After paragraph (2B) insert—

“(2C) Section 130A of the Enterprise Act 2002 is to have effect in its application to the Authority by virtue of paragraphs (2) and (2A)—

(a) as if for subsection (1) of that section there were substituted—

“(1) Where the Northern Ireland Authority for Utility Regulation—

(a) is proposing to carry out its functions under Article 27(1) of the Gas (Northern Ireland) Order 1996 in relation to a matter for the purposes mentioned in subsection (2), and

(b) considers that the matter is one in respect of which it would be appropriate for the Authority to exercise its powers under section 174 (investigation) in connection with deciding whether to make a reference under section 131,

the Authority must publish a notice under this section (referred to in this Part as a “market study notice”).”, and

(b) as if in subsection (2)(a) of that section, for “the acquisition or supply of goods or services of one or more than one description in the United Kingdom” there were substituted “commercial activities connected with the conveyance, storage or supply of gas”.”

(6) In paragraphs (3), (4), (4A) and (7), for “Office of Fair Trading” (in each place where it occurs) substitute “CMA”.

(7) In paragraph (3A), for “the Office of Fair Trading” substitute “the CMA”.

(8) In paragraph (5)—

(a) in the words before paragraph (a)—

(i) for “the Competition Commission” substitute “a CMA group”,

(ii) for “reference made to them by the Director” substitute “market investigation reference made by the Authority (under section 131 of the Act of 2002)”, and

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

(9) After paragraph (5) insert—

“(5A) In paragraph (5) “CMA group” has the same meaning as in Schedule 4 to the Enterprise and Regulatory Reform Act 2013.”

(10) In paragraph (6)—

(a) for “reports of Competition Commission” substitute “market investigations”, and

(b) for “Office of Fair Trading” substitute “CMA”.

(11) In Article 27 (general functions)(19), in paragraph (3), for “the Office of Fair Trading” (in each place where it occurs) substitute “the CMA”.

Commencement Information

I13 Sch. 1 para. 221 in force at 1.4.2014, see art. 1(1)

Water (Northern Ireland) Order 1999 U.K.

222.  In Article 29A of the Water (Northern Ireland) Order 1999 (restriction on disclosure of information)(20), in paragraph (2)(a), for “Competition Commission” substitute “Competition and Markets Authority”.

Commencement Information

I14 Sch. 1 para. 222 in force at 1.4.2014, see art. 1(1)

Company Directors Disqualification (Northern Ireland) Order 2002 U.K.

223.  The Company Directors Disqualification (Northern Ireland) Order 2002(21) is amended as follows.

Commencement Information

I15 Sch. 1 para. 223 in force at 1.4.2014, see art. 1(1)

224.  In Article 2 (interpretation)(22), in paragraph (2)—

(a) omit the definition of “the OFT”, and

(b) in the appropriate place, insert—

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

Commencement Information

I16 Sch. 1 para. 224 in force at 1.4.2014, see art. 1(1)

225.  In Article 12 (variation etc. of disqualification undertaking)(23), in paragraph (3), for “OFT” substitute “CMA”.

Commencement Information

I17 Sch. 1 para. 225 in force at 1.4.2014, see art. 1(1)

226.  In Article 13A (competition disqualification order)(24), in paragraph (10), for “OFT” substitute “CMA”.

Commencement Information

I18 Sch. 1 para. 226 in force at 1.4.2014, see art. 1(1)

227.  In Article 13B (competition undertakings)(25), in paragraphs (1), (2) and (7), for “OFT” (in each place where it occurs) substitute “CMA”.

Commencement Information

I19 Sch. 1 para. 227 in force at 1.4.2014, see art. 1(1)

228.  In Article 13C (competition investigations)(26), for “OFT” (in each place where it occurs) substitute “CMA”.

Commencement Information

I20 Sch. 1 para. 228 in force at 1.4.2014, see art. 1(1)

229.  In Article 13D (co-ordination)(27), in paragraph (2), after sub-paragraph (a), insert—

“(aa) the reference in subsection (6A)(b) to notice under section 31(1) of the Competition Act 1998 that the regulator proposes to make a decision within the meaning given by section 31(2) of that Act is to be read as notice under Article 13C(4) that the specified regulator proposes to apply under Article 13A for a disqualification order;”.

Commencement Information

I21 Sch. 1 para. 229 in force at 1.4.2014, see art. 1(1)

230.  In Article 20 (application for disqualification order)(28), in paragraph (4), for “OFT” substitute “CMA”.

Commencement Information

I22 Sch. 1 para. 230 in force at 1.4.2014, see art. 1(1)

231.  In Article 21 (application for leave under an order or undertaking)(29), in paragraph (3), for “OFT” substitute “CMA”.

Commencement Information

I23 Sch. 1 para. 231 in force at 1.4.2014, see art. 1(1)

232.  In Article 22 (register of disqualification orders and undertakings)(30), in paragraph (3), for “OFT” substitute “CMA”.

Commencement Information

I24 Sch. 1 para. 232 in force at 1.4.2014, see art. 1(1)

Energy (Northern Ireland) Order 2003 U.K.

233.  The Energy (Northern Ireland) Order 2003(31) is amended as follows.

Commencement Information

I25 Sch. 1 para. 233 in force at 1.4.2014, see art. 1(1)

234.  In Article 2 (interpretation)(32), in paragraph (1), after the definition of “the Authority” insert—

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

Commencement Information

I26 Sch. 1 para. 234 in force at 1.4.2014, see art. 1(1)

235.  In Article 7 ((publication by Authority of advice and information about consumer matters)(33), in paragraph (4), for “Office of Fair Trading” substitute “CMA”.

Commencement Information

I27 Sch. 1 para. 235 in force at 1.4.2014, see art. 1(1)

236.  In Article 8A (duty on the Authority to have regard to the need for consultation and co-operation with other authorities)(34), in paragraph (3), in the definition of “relevant national authority”—

(a) for “any” substitute “either”,

(b) omit paragraph (a), and

(c) in paragraph (c), for “Office of Fair Trading” substitute “CMA”.

Commencement Information

I28 Sch. 1 para. 236 in force at 1.4.2014, see art. 1(1)

237.  In Article 13 (exceptions from the general duties)(35), in paragraph (3), for “Office of Fair Trading” substitute “CMA”.

Commencement Information

I29 Sch. 1 para. 237 in force at 1.4.2014, see art. 1(1)

238.  In Article 15 (exceptions from the general duties)(36), in paragraph (3), for “Office of Fair Trading” substitute “CMA”.

Commencement Information

I30 Sch. 1 para. 238 in force at 1.4.2014, see art. 1(1)

239.  In Article 18 (provision of advice and information to public authorities and other persons) in paragraph (5), for “Competition Commission” substitute “CMA”.

Commencement Information

I31 Sch. 1 para. 239 in force at 1.4.2014, see art. 1(1)

240.  In Article 23 (power of Council to investigate other matters), in paragraph (2), for “Office of Fair Trading” substitute “CMA”.

Commencement Information

I32 Sch. 1 para. 240 in force at 1.4.2014, see art. 1(1)

241.—(1) Article 63 (general restrictions on disclosure of information)(37) is amended as follows.

(2) In paragraph (3), in sub-paragraph (a), for “Competition Commission” substitute “CMA”.

(3) In paragraph (5)—

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

(b) omit sub-paragraph (d).

(4) In paragraph (6), after sub-paragraph (w), insert—

“(x) Parts 3 and 4 of the Enterprise and Regulatory Reform Act 2013.”

(5) In paragraph (8), in sub-paragraph (c), for “Competition Commission” substitute “CMA”.

(6) In paragraph (10), for “Office of Fair Trading” substitute “CMA”.

Commencement Information

I33 Sch. 1 para. 241 in force at 1.4.2014, see art. 1(1)

242.  Schedule 2 (orders altering licensable activities)(38) is amended as follows.

Commencement Information

I34 Sch. 1 para. 242 in force at 1.4.2014, see art. 1(1)

243.—(1) Paragraph 5 (references under paragraph 3: application of Enterprise Act 2002) is amended as follows.

(2) In sub-paragraph (1), after “sub-paragraphs” insert “(1A),”.

(3) After sub-paragraph (1), insert—

“(1A) Section 109 shall, in its application by virtue of sub-paragraph (1), have effect as if—

(a) for subsection (A1), there were substituted—

“(A1) For the purposes of this section, a permitted purpose is assisting the CMA in carrying out any functions exercisable by it in connection with a reference under paragraph 3 of Schedule 2 to the Energy (Northern Ireland) Order 2003.”, and

(b) subsection (8A) were omitted.”

(4) In sub-paragraph (2)—

(a) at the end of paragraph (a), omit “and”,

(b) after that paragraph, insert—

“(aa) after subsection (3), there were inserted—

“(3A) No penalty shall be imposed by virtue of subsection (1) or (3) if more than 4 weeks have passed since the publication of the report of the CMA on the reference concerned; but this subsection shall not apply in relation to any variation or substitution of the penalty which is permitted by virtue of this Part.”; and”.

(5) For sub-paragraph (3) substitute—

“(3) Section 111(5)(b) shall, in its application by virtue of sub-paragraph (1), have effect as if for sub-paragraph (ii) there were substituted—

“(ii) if earlier, the day on which the report of the CMA on the reference concerned is made or, if no such report is made within the period permitted for that purpose, the latest day on which the report may be made within the permitted period.”.”

Commencement Information

I35 Sch. 1 para. 243 in force at 1.4.2014, see art. 1(1)

Water Services etc. (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 U.K.

244.  The Water Services etc. (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005(39) is amended as follows.

Commencement Information

I36 Sch. 1 para. 244 in force at 1.4.2014, see art. 1(1)

245.—(1) Article 5 (references: powers of investigation)(40) is amended as follows.

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

(3) After paragraph (1), insert—

“(1A) Section 109 shall, in its application by virtue of paragraph (1), have effect as if—

(a) for subsection (A1), there were substituted—

“(A1) For the purposes of this section, a permitted purpose is assisting the CMA in carrying out any functions exercisable by it in connection with a reference under article 3 of the Water Services etc. (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005.”, and

(b) subsection (8A) were omitted.”

(4) In paragraph (2), after sub-paragraph (a), insert—

“(aa) after subsection (3), there were inserted—

“(3A) No penalty shall be imposed by virtue of subsection (1) or (3) if more than 4 weeks have passed since the publication of the report of the CMA on the reference concerned; but this subsection shall not apply in relation to any variation or substitution of the penalty which is permitted by virtue of this Part.”;”.

(5) In paragraph (3), for sub-paragraph (b) substitute—

“(b) in subsection (5)(b), for sub-paragraph (ii) there were substituted—

“(ii) if earlier, the day on which the report of the CMA on the reference concerned is made or, if no such report is made within the period permitted for that purpose, the latest day on which the report may be made within the permitted period.”.”

Commencement Information

I37 Sch. 1 para. 245 in force at 1.4.2014, see art. 1(1)

246.—(1) Article 10 (article 9: supplementary)(41) is amended as follows.

(2) In paragraph (3), for “(4)” substitute “(3A)”.

(3) After paragraph (3), insert—

“(3A) Section 109 shall, in its application by virtue of paragraph (3), have effect as if—

(a) for subsection (A1), there were substituted—

“(A1) For the purposes of this section, a permitted purpose is assisting the CMA in carrying out any functions exercisable by it in connection with an investigation for the purposes of the exercise of its functions under article 9 of the Water Services etc. (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005.”, and

(b) subsection (8A) were omitted.”

(4) In paragraph (4), for sub-paragraph (b), substitute—

“(b) after subsection (3), there were inserted—

“(3A) No penalty shall be imposed by virtue of subsection (1) or (3) if more than 4 weeks have passed since the publication by the CMA of a notice under article 9(8) of the Water Services etc. (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 in connection with the reference concerned or, if no direction has been given by the CMA under article 9(1) of that Order in connection with the reference concerned and within the period permitted for that purpose, the latest day on which it was possible to give such a direction within the permitted period; but this subsection shall not apply in relation to any variation or substitution of the penalty which is permitted by virtue of this Part.”; and”.

Commencement Information

I38 Sch. 1 para. 246 in force at 1.4.2014, see art. 1(1)

Water and Sewerage Services (Northern Ireland) Order 2006 U.K.

247.  The Water and Sewerage Services (Northern Ireland) Order 2006(42) is amended as follows.

Commencement Information

I39 Sch. 1 para. 247 in force at 1.4.2014, see art. 1(1)

248.  In Article 5 (annual report of the Authority), in paragraph (1), in sub-paragraph (b), for “Competition Commission” substitute “CMA”.

Commencement Information

I40 Sch. 1 para. 248 in force at 1.4.2014, see art. 1(1)

249.  In Article 6 (general duties with respect to water industry), in paragraph (10), for “OFT” substitute “CMA”.

Commencement Information

I41 Sch. 1 para. 249 in force at 1.4.2014, see art. 1(1)

250.—(1) Article 23 (references under Article 21: powers of investigation) is amended as follows.

(2) In paragraph (1), after “paragraphs” insert “(1A),”.

(3) After paragraph (1), insert—

“(1A) Section 109 shall, in its application by virtue of paragraph (1), have effect as if—

(a) for subsection (A1), there were substituted—

“(A1) For the purposes of this section, a permitted purpose is assisting the CMA in carrying out any functions exercisable by it in connection with a reference under Article 21 of the Water and Sewerage Services (Northern Ireland) Order 2006.”, and

(b) subsection (8A) were omitted.”

(4) In paragraph (2)—

(a) at the end of sub-paragraph (a), omit “and”,

(b) after that sub-paragraph, insert—

“(aa) after subsection (3), there were inserted—

“(3A) No penalty shall be imposed by virtue of subsection (1) or (3) if more than 4 weeks have passed since the publication of the report of the CMA on the reference concerned; but this subsection shall not apply in relation to any variation or substitution of the penalty which is permitted by virtue of this Part.”; and”.

(5) For paragraph (3) substitute—

“(3) Section 111(5)(b) shall, in its application by virtue of paragraph (1), have effect as if for sub-paragraph (ii) there were substituted—

“(ii) if earlier, the day on which the report of the CMA on the reference concerned is made or, if no such report is made within the period permitted for that purpose, the latest day on which the report may be made within the permitted period.”.”

Commencement Information

I42 Sch. 1 para. 250 in force at 1.4.2014, see art. 1(1)

251.—(1) Article 27 (competition authority’s power to veto modifications following report)(43) is amended as follows.

(2) In paragraph (6), after “paragraphs” insert “(6A),”.

(3) After paragraph (6), insert—

“(6A) Section 109 shall, in its application by virtue of paragraph (6), have effect as if—

(a) for subsection (A1), there were substituted—

“(A1) For the purposes of this section, a permitted purpose is assisting the CMA in carrying out any functions exercisable by it in connection with an investigation for the purposes of the exercise of its functions under Article 26 of the Water and Sewerage Services (Northern Ireland) Order 2006.”, and

(b) subsection (8A) were omitted.”

(4) In paragraph (7), for sub-paragraph (b), substitute—

“(b) after subsection (3), there were inserted—

“(3A) No penalty shall be imposed by virtue of subsection (1) or (3) if more than 4 weeks have passed since the publication by the CMA of a notice under Article 26(9) of the Water and Sewerage Services (Northern Ireland) Order 2006 in connection with the reference concerned or, if no direction has been given by the CMA under Article 26(1) of that Order in connection with the reference concerned and within the period permitted for that purpose, the latest day on which it was possible to give such a direction within the permitted period; but this subsection shall not apply in relation to any variation or substitution of the penalty which is permitted by virtue of this Part.”; and”.

Commencement Information

I43 Sch. 1 para. 251 in force at 1.4.2014, see art. 1(1)

252.  In Article 28 (modification by order under other statutory provisions)(44), in paragraph (2)(b), after “the market” insert “or markets”.

Commencement Information

I44 Sch. 1 para. 252 in force at 1.4.2014, see art. 1(1)

253.—(1) Article 29 (functions of the Authority with respect to competition) is amended as follows.

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

(3) In paragraph (2)—

(a) for “OFT” substitute “CMA”,

(b) for “and 171” substitute “, 171 and 174E”, and

(c) for “relating to” substitute—

“those functions—

(a) are exercisable by the CMA Board (within the meaning of Schedule 4 to the Enterprise and Regulatory Reform Act 2013), and

(b) relate to”.

(4) In paragraph (3) and paragraphs (5) to (7), for “OFT” (in each place where it occurs) substitute “CMA”.

(5) In paragraph (4)—

(a) for “(1) and (2), references” substitute—

“(1) and (2)—

(a) references”,

(b) for “OFT” substitute “CMA”,

(c) for “and 171” substitute “, 171 and 174E”, and

(d) for “requires).” substitute—

“requires);

(b) references in that Part to section 5 of the Act of 2002 are to be construed as including references to Article 60(1) and (2) of this Order.”

(6) After paragraph (4) insert—

“(4A) Section 130A of the Enterprise Act 2002 is to have effect in its application to the Authority by virtue of paragraphs (1) and (2)—

(a) as if for subsection (1) of that section there were substituted—

“(1) Where the Northern Ireland Authority for Utility Regulation—

(a) is proposing to carry out its functions under Article 60(1) and (2) of the Water and Sewerage Services (Northern Ireland) Order 2006 in relation to a matter for the purposes mentioned in subsection (2), and

(b) considers that the matter is one in respect of which it would be appropriate for the Authority to exercise its powers under section 174 (investigation) in connection with deciding whether to make a reference under section 131,

the Authority must publish a notice under this section (referred to in this Part as a “market study notice”).”, and

(b) as if in subsection (2)(a) of that section, for “the acquisition or supply of goods or services of one or more than one description in the United Kingdom” there were substituted “commercial activities connected with the supply of water or the provision of sewerage services (within the meaning given by Article 2 of the Water and Sewerage Services (Northern Ireland) Order 2006)”.”

(7) In paragraph (8)—

(a) in the words before paragraph (a)—

(i) for “the Competition Commission” substitute “a CMA group”,

(ii) for “reference made to the Commission by the Authority” substitute “market investigation reference made by the Authority (under section 131 of the Act of 2002), and

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

(8) In paragraphs (9) and (10), for “OFT” (in each place where it occurs) substitute “CMA”.

(9) In Article 56 (power of the Council to investigate other matters), in paragraph (2), for “OFT” substitute “CMA”.

Commencement Information

I45 Sch. 1 para. 253 in force at 1.4.2014, see art. 1(1)

254.  In Article 60 (general duty of the Authority to keep matters under review) in paragraph (4), for “OFT” (in each place where it occurs) substitute “CMA”.

Commencement Information

I46 Sch. 1 para. 254 in force at 1.4.2014, see art. 1(1)

255.  In Article 253 (the Authority’s register), in paragraph (2), in sub-paragraph (b), for “Competition Commission” substitute “CMA”.

Commencement Information

I47 Sch. 1 para. 255 in force at 1.4.2014, see art. 1(1)

256.  In Article 259 (publication of certain information and advice)(45), in paragraph (5), for “OFT” substitute “CMA”.

Commencement Information

I48 Sch. 1 para. 256 in force at 1.4.2014, see art. 1(1)

257.—(1) Article 265 (restriction on disclosure of information) is amended as follows.

(2) In paragraph (3), in sub-paragraph (a), for “Competition Commission” substitute “CMA”.

(3) In paragraph (4)—

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

(b) omit sub-paragraph (d).

(4) In paragraph (5), after sub-paragraph (s), insert—

“(t) Parts 3 and 4 of the Enterprise and Regulatory Reform Act 2013.”

(5) In paragraph (7), in sub-paragraph (a), for “Competition Commission” substitute “CMA”.

(6) In paragraph (13), for “OFT” substitute “CMA”.

Commencement Information

I49 Sch. 1 para. 257 in force at 1.4.2014, see art. 1(1)

Electricity (Single Wholesale Market) (Northern Ireland) Order 2007 U.K.

258.  In Article 10 of the Electricity (Single Wholesale Market) (Northern Ireland) Order 2007(46), in paragraph (3), for “Office of Fair Trading” substitute “Competition and Markets Authority”.

Commencement Information

I50 Sch. 1 para. 258 in force at 1.4.2014, see art. 1(1)

Welsh Language (Wales) Measure 2011 U.K.

259.  In Schedule 6 to the Welsh Language (Wales) Measure 2011 (public bodies etc: standards)(47)—

(a) in the Welsh text, omit the entry relating to “Y Comisiwn Cystadlu (“the Competition Commission”)”, and

(b) in the English text, omit the entry relating to “the Competition Commission (“Y Comisiwn Cystadlu”)”.

Commencement Information

I51 Sch. 1 para. 259 in force at 1.4.2014, see art. 1(1)

(1)

1964 c. 13. Whole Act repealed in relation to the Milk Marketing Board (SR 1989 No. 47) and the Pigs Marketing Board (SR 1984 No. 422)

(2)

Sub-paragraph (aaa) was inserted by Schedule 12 to the Fair Trading Act 1973 (c. 41) and subsequently amended by section 19(4)(b) of the Competition Act 1980 (c. 21). There are other amendments to section 23 but none is relevant to this Order.

(3)

SI 1982/1080 (N.I. 12).

(4)

Substituted by Schedule 25 to the Enterprise Act 2002.

(5)

Amended by the Natural Environment and Rural Communities Act 2006 (c. 16). There are other amendments to article 29 but none is relevant to this Order.

(6)

Amended by Schedule 25 to the Enterprise Act 2002.

(7)

S.I. 1992/231 (N.I. 1).

(8)

Amended by Schedule 10 to the Competition Act 1998, S.I. 1999/506 and Schedule 6 to the Enterprise and Regulatory Reform Act 2013. There are other amendments to article 15 but none is relevant to this Order.

(9)

Inserted by Schedule 25 to the Enterprise Act 2002.

(10)

Inserted by S.I. 2003/419 (N.I. 6) and subsequently amended by Schedule 6 to the Enterprise and Regulatory Reform Act 2013.

(11)

Substituted by Schedule 9 to the Enterprise Act 2002 and subsequently amended by SR 2007/321 and Schedule 6 to the Enterprise and Regulatory Reform Act 2013.

(12)

Amended by Schedule 2 to the Deregulation and Contracting Out Act 1994, Schedule 10 to the Competition Act 1998, S.I. 1999/506, Schedules 9 and 25 to the Enterprise Act 2002 and S.I. 2004/1261,

(13)

Amended by Schedule 25 to the Enterprise Act 2002 and S.I. 2003/419 (N.I. 6). There are other amendments to Article 50 but none is relevant to this Order.

(14)

S.I. 1996/275 (N.I. 2)

(15)

Inserted by Schedule 25 to the Enterprise Act 2002.

(16)

Inserted by S.I. 2003/419 (N.I. 6) and subsequently amended by S.R. 2013 No. 92 and Schedule 6 to the Enterprise and Regulatory Reform Act 2013.

(17)

Amended by Schedule 9 to the Enterprise Act 2002, SR 2007/321 and Schedule 6 to the Enterprise and Regulatory Reform Act 2013. There are other amendments to Article 18 but none is relevant to this Order.

(18)

Amended by Schedule 10 to the Competition Act 1998, S.I. 1999/506, Schedules 9 and 25 to the Enterprise Act 2002 and S.I. 2004/1261.

(19)

Amended by Schedule 25 to the Enterprise Act 2002 and S.I. 2003/419 (N.I. 6). There are other amendments to Article 27 but none is relevant to this Order.

(20)

S.I. 1999/662 (N.I. 6); Article 29A was inserted by S.I. 2006/3336 (N.I. 21)

(21)

S.I. 2002/3150 (N.I. 4).

(22)

The definition of “the OFT” was inserted by S.I. 2005/1454 (N.I. 9). There are other amendments to article 2 but none is relevant to this Order.

(23)

Paragraph (3) was inserted by S.I. 2005/1454 (N.I. 9).

(24)

Article 13A was inserted by S.I. 2005/1454 (N.I. 9).

(25)

Article 13B was inserted by S.I. 2005/1454 (N.I. 9).

(26)

Article 13C was inserted by S.I. 2005/1454 (N.I. 9).

(27)

Article 13D was inserted by S.I. 2005/1454 (N.I. 9).

(28)

Paragraph (4) was inserted by S.I. 2005/1454 (N.I. 9).

(29)

Paragraph (3) was inserted by S.I. 2005/1454 (N.I. 9).

(30)

Paragraph (3) was inserted by S.I. 2005/1454 (N.I. 9). There are other amendments to article 22 but none is relevant to this Order.

(31)

SI 2003/419 (N.I. 6).

(32)

There are amendments to Article 2 but none is relevant to this Order.

(33)

There are amendments to Article 7 but none is relevant to this Order.

(34)

Inserted by S.R. 2011 No. 155). There are amendments to Article 8A but none is relevant to this Order.

(35)

There are amendments to Article 13 but none is relevant to this Order.

(36)

There are amendments to Article 15 but none is relevant to this Order.

(37)

Amended by S.I. 2007/913 (N.I. 7). There are other amendments to Article 63 but none is relevant to this Order.

(38)

Amended by Schedule 6 to the Enterprise and Regulatory Reform Act 2013.

(39)

S.I. 2005/3172.

(40)

Amended by Schedule 6 to the Enterprise and Regulatory Reform Act 2013.

(41)

Amended by Schedule 6 to the Enterprise and Regulatory Reform Act 2013.

(42)

S.I. 2006/3336 (N.I. 21)

(43)

Amended by Schedule 6 to the Enterprise and Regulatory Reform Act 2013.

(44)

Amended by Schedule 6 to the Enterprise and Regulatory Reform Act 2013.

(45)

There are amendments to Article 265 but none is relevant to this Order.

(46)

S.I. 2007/913 (N.I. 7).

(47)

2011 (nawm 1).