Legislation – Enterprise and Regulatory Reform Act 2013
Changes to legislation:
Enterprise and Regulatory Reform Act 2013, SCHEDULE 6 is up to date with all changes known to be in force on or before 13 December 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
SCHEDULE 6Regulatory appeals etc: minor and consequential amendments
PART 1Amendments to Acts
Competition Act 1980 (c. 21)
1
The Competition Act 1980 is amended as follows.
2
(1)
Section 11 (reference of public bodies and certain other persons to the Commission) is amended as follows.
(2)
In subsections (1), (5), (6), (8) and (10), for “Commission” (in each place where it occurs) substitute “
.
CMA
”
(3)
“(10A)
The functions of the CMA with respect to a reference under this section (including functions under sections 109 to 115 of the Enterprise Act 2002, as applied by section 11B) 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.”
(4)
In the heading, for “Commission” substitute “
.
CMA
”
3
In section 11A (references under section 11: time-limits), in subsections (2) and (3), for “Commission” (in each place where it occurs) substitute “
.
CMA
”
4
(1)
Section 11C (references under section 11: further supplementary provisions) is amended as follows.
(2)
“—
(a)
the words “, OFCOM or the Secretary of State” were omitted, and
(b)
for the words “their functions” there were substituted
“.”
its functions
”
(3)
In subsection (3)—
(a)
for “Commission” substitute “
, and
CMA
”
(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
”
5
In section 12 (orders following report under section 11), in subsections (1) to (3) and (5), for “Commission” (in each place where it occurs) substitute “
.
CMA
”
6
In section 16 (general provisions as to reports), in subsection (2), for “Commission” substitute “
.
CMA
”
7
In section 17 (laying before Parliament and publication of reports), in subsection (6), for “Commission” substitute “
.
CMA
”
8
In section 33 (short title, interpretation, etc), in subsection (2), for “ “the Commission”” substitute “
.
“the CMA”
”
Solicitors (Scotland) Act 1980 (c. 46)
9
The Solicitors (Scotland) Act 1980 is amended as follows.
10
In section 25A (rights of audience in the Court of Session etc), in subsections (9) and (11), for “Director” (in each place where it occurs) substitute “
.
CMA
”
11
(1)
Section 64A (advisory and supervisory functions) is amended as follows.
(2)
In subsections (1) and (2), for “Director” (in each place where it occurs) substitute “
.
CMA
”
(3)
In subsection (3)—
(a)
for “Director has completed his consideration he” substitute “
, and
CMA has completed its consideration, the CMA
”
(b)
for “he thinks” substitute “
.
it thinks
”
(4)
In subsection (4), for “The Director may publish any advice given by him” substitute “
.
The CMA may publish advice given
”
(5)
In subsection (5)—
(a)
for “Director” substitute “
, and
CMA
”
(b)
for “Director’s” substitute “CMA’s”.
(6)
In subsection (6), for “Director” substitute “
.
CMA
”
(7)
In the heading, for “Director General of Fair Trading” substitute “
.
Competition and Markets Authority
”
12
(1)
Section 64C (investigatory powers) is amended as follows.
(2)
In subsection (1)—
(a)
for “Director” substitute “
, and
CMA
”
(b)
for “him” (in each place where it occurs) substitute “
.
the CMA
”
(3)
“(2A)
A notice under this section may be issued on the CMA’s behalf by any member of the CMA Board.”
(4)
In the heading, for “Director” substitute “
.
Competition and Markets Authority
”
13
In section 64CA (enforcement of notices under section 64C), in subsections (1) and (2), for “Office of Fair Trading” (in each place where it occurs) substitute “
.
CMA
”
14
(1)
In section 65 (interpretation), in subsection (1)—
(a)
““the CMA” means the Competition and Markets Authority;
“the CMA Board” has the same meaning as in Schedule 4 to the Enterprise and Regulatory Reform Act 2013;”, and”
(b)
omit the definition of “the Director”.
Gas Act 1986 (c. 44)
15
The Gas Act 1986 is amended as follows.
16
(1)
Section 23B (appeals) is amended as follows.
(2)
In subsection (1), for “Competition Commission (“the Commission”)” substitute “
.
CMA
”
(3)
In subsections (3) and (4), for “Commission” (in each place where it occurs) substitute “
.
CMA
”
(4)
In the heading, for “Competition Commission” substitute “
.
CMA
”
17
(1)
Section 23C (procedure on appeal) is amended as follows.
(2)
Omit subsection (1).
(3)
In subsection (2), omit “Instead,”.
(4)
“(2A)
Except where specified otherwise in Schedule 4A, the functions of the CMA with respect to an appeal under section 23B 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.”
(5)
In the heading, for “Commission” substitute “
.
CMA
”
18
(1)
Section 23D (determination of appeal) is amended as follows.
(2)
In subsections (2) to (5), for “Commission” (in each place where it occurs) substitute “
.
CMA
”
(3)
In the heading, for “Commission” substitute “
.
CMA
”
19
(1)
Section 23E (powers on allowing appeal) is amended as follows.
(2)
In subsection (1), for “Commission” substitute “
.
CMA
”
(3)
In subsection (2)—
(a)
for “Commission” (in each place where it occurs) substitute “
, and
CMA
”
(b)
for “Commission’s” substitute “CMA’s”.
(4)
In subsection (3), for “Commission” (in each place where it occurs) substitute “
.
CMA
”
(5)
In subsection (7), for “Commission’s” substitute “CMA’s”.
(6)
In the heading, for “Commission’s” substitute “CMA’s”.
20
(1)
Section 23F (time limits for determination of appeal) is amended as follows.
(2)
In subsections (1), (3) to (5) and (7), for “Commission” (in each place where it occurs) substitute “
.
CMA
”
(3)
In the heading, for “Commission” substitute “
.
CMA
”
21
(1)
Section 23G (supplementary provision about determination of appeal) is amended as follows.
(2)
In subsection (1), for “Commission” (in each place where it occurs) substitute “
.
CMA
”
(3)
In subsection (2)—
(a)
for “Commission” substitute “
, and
CMA
”
(b)
for “Commission’s” (in each place where it occurs) substitute “CMA’s”.
(4)
In subsection (3), for “Commission” substitute “
.
CMA
”
(5)
In the heading, for “Commission” substitute “
.
CMA
”
22
In section 27 (modification by order under other enactments), in subsection (1), for “Office of Fair Trading, the Competition Commission” substitute “
.
CMA
”
23
(1)
Section 41D (application by Authority for order including new activities) is amended as follows.
(2)
In subsection (3), for the words from “shall” to the end, substitute “
.
shall, before making the application, make a reference under section 41E to the CMA
”
(3)
In subsections (4) and (5), for “Commission” (in each place where it occurs) substitute “
.
CMA
”
(4)
“(7)
The functions of the CMA with respect to a reference under section 41E (including functions under sections 109 to 115 of the Enterprise Act 2002, as applied by section 41EB) 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.”
24
(1)
Section 41E (references) is amended as follows.
(2)
In subsection (1)—
(a)
for “Competition Commission” substitute “
, and
CMA
”
(b)
for “the Commission” substitute “
.
the CMA
”
(3)
In subsections (2), (3), (5) and (6), for “Commission” (in each place where it occurs) substitute “
.
CMA
”
(4)
In the heading, for “Competition Commission” substitute “
.
CMA
”
25
In section 41EA (references under section 41E: time limits), in subsections (2) and (3), for “Competition Commission” (in each place where it occurs) substitute “
.
CMA
”
26
In section 41EB (references under section 41E: application of the Enterprise Act 2002), in subsection (4)—
(a)
for “Competition Commission” substitute “
, and
CMA
”
(b)
“—
(a)
the words “, OFCOM or the Secretary of State” were omitted; and
(b)
for the words “their functions” there were substituted
“.”
its functions
”
27
(1)
Section 41F (reports on references) is amended as follows.
(2)
In subsection (1), for “Competition Commission” substitute “
.
CMA
”
(3)
In subsections (2) and (3), for “Commission” (in each place where it occurs) substitute “
.
CMA
”
(4)
In subsection (3A)—
(a)
for “Competition Commission” substitute “
, and
CMA
”
(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
”
(5)
In subsections (3B) to (4C), for “Competition Commission” (in each place where it occurs) substitute “
.
CMA
”
(6)
In subsection (5), for “Commission” substitute “
.
CMA
”
28
““the CMA” means the Competition and Markets Authority;”.
29
(1)
Schedule 4A (procedure for appeals under section 23B) is amended as follows.
(2)
In paragraph 1—
(a)
in sub-paragraphs (1) and (7), for “Commission” (in each place where it occurs) substitute “
,
CMA
”
(b)
in sub-paragraph (8)—
(i)
for “Commission’s” substitute “CMA’s”, and
(ii)
for “Commission” substitute “
,
CMA
”
(c)
in sub-paragraph (9)—
(i)
for “deciding” substitute “
, and
the authorised member decides
”
(ii)
for “the Commission must give the Authority” substitute “
,
the Authority must be given
”
(d)
in sub-paragraph (10), for “Commission’s” substitute “CMA’s”,
(e)
in sub-paragraph (12), for “the Commission must” substitute “
, and
an authorised member of the CMA must
”
(f)
in sub-paragraph (13)—
(i)
for “of the Commission” substitute “
, and
of the CMA
”
(ii)
for “as the Commission” substitute “
.
as an authorised member of the CMA
”
(3)
In paragraph 2—
(a)
in sub-paragraph (1), for “Commission” substitute “
,
CMA
”
(b)
in sub-paragraph (2)(b), for “the Commission has given the Authority” substitute “
,
the Authority has been given
”
(c)
in sub-paragraph (3), for “Commission’s” substitute “CMA’s”,
(d)
in sub-paragraph (4), for “Commission” substitute “
,
CMA
”
(e)
in sub-paragraph (5)—
(i)
for “Commission’s” substitute “CMA’s”, and
(ii)
for “Commission” substitute “
, and
CMA
”
(f)
in sub-paragraph (6)—
(i)
in paragraph (a), for “Commission” substitute “
, and
CMA
”
(ii)
in paragraph (b), for “the Commission” substitute “
.
an authorised member of the CMA
”
(4)
In paragraph 3, in sub-paragraphs (1) and (3), for “Commission” (in each place where it occurs) substitute “
.
CMA
”
(5)
In paragraph 4—
(a)
omit sub-paragraph (1),
(b)
in sub-paragraph (2)—
(i)
after “group” insert “
, and
constituted by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 for the purpose of carrying out functions of the CMA with respect to an appeal under section 23B
”
(ii)
for “Commission” substitute “
,
CMA panel
”
(c)
omit sub-paragraphs (3) to (7), and
(d)
in sub-paragraph (8), for “a group” substitute “
.
the group
”
(6)
In paragraph 5, in sub-paragraph (1)—
(a)
for “The group with the function of determining an appeal” substitute “
, and
The CMA
”
(b)
for “determination of the appeal” substitute “
.
determination of an appeal
”
(7)
In paragraph 6—
(a)
in sub-paragraph (1), for “Commission” (in each place where it occurs) substitute “
,
CMA
”
(b)
in sub-paragraph (4)—
(i)
for “The Commission may take copies” substitute “
, and
An authorised member of the CMA may, for the purpose of the exercise of the functions of the CMA, make arrangements for copies to be taken
”
(ii)
omit “to it”, and
(c)
in sub-paragraph (5), in paragraph (a), for the words from “Commission’s” to the end of paragraph (a), substitute “
.
CMA’s behalf by an authorised member of the CMA
”
(8)
In paragraph 7—
(a)
in sub-paragraph (2), for “Commission” substitute “
,
CMA
”
(b)
in sub-paragraph (5)(a), for “the Commission is not required” substitute “
,
there is no requirement
”
(c)
in sub-paragraph (7), for “the Commission must pay that person” substitute “
, and
an authorised member of the CMA must arrange for that person to be paid
”
(d)
in sub-paragraph (8), for the words from “Commission’s” to the end, substitute “
.
CMA’s behalf by an authorised member of the CMA
”
(9)
In paragraph 8—
(a)
in sub-paragraph (1), for “Commission” substitute “
, and
CMA
”
(b)
in sub-paragraph (4), for the words from “Commission’s” to the end, substitute “
.
CMA’s behalf by an authorised member of the CMA
”
(10)
In paragraph 9, for “Commission” substitute “
.
CMA
”
(11)
In paragraph 10, in sub-paragraph (1), for “a member of the Commission” substitute “
.
an authorised member of the CMA
”
(12)
In paragraph 11, in sub-paragraphs (1), (3) and (4), for “Commission” (in each place where it occurs) substitute “
.
CMA Board
”
(13)
In paragraph 12, in sub-paragraphs (1) and (2), for “Commission” (in each place where it occurs) substitute “
.
CMA
”
(14)
In paragraph 13, in sub-paragraph (1)—
(a)
““authorised member of the CMA”—
(a)
in relation to a power exercisable in connection with an appeal in respect of which a group has been constituted by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, means a member of that group who has been authorised by the chair of the CMA to exercise that power;
(b)
in relation to a power exercisable in connection with an application for permission to bring an appeal, or otherwise in connection with an appeal in respect of which a group has not been so constituted by the chair of the CMA, means—
(i)
any member of the CMA Board who is also a member of the CMA panel, or
(ii)
any member of the CMA panel authorised by the Secretary of State (whether generally or specifically) to exercise the power in question.”,
(b)
omit the definition of “the Chairman”,
(c)
““CMA Board” and “CMA panel” have the same meaning as in Schedule 4 to the Enterprise and Regulatory Reform Act 2013;”, and
(d)
omit the definition of a “group”.
Electricity Act 1989 (c. 29)
30
The Electricity Act 1989 is amended as follows.
31
(1)
Section 11C (appeals) is amended as follows.
(2)
In subsection (1), for “Competition Commission (“the Commission”)” substitute “
.
CMA
”
(3)
In subsections (3) and (4), for “Commission” (in each place where it occurs) substitute “
.
CMA
”
(4)
In the heading, for “Competition Commission” substitute “
.
CMA
”
32
(1)
Section 11D (procedure on appeal) is amended as follows.
(2)
Omit subsection (1).
(3)
In subsection (2), omit “Instead,”.
(4)
“(2A)
Except where specified otherwise in Schedule 5A, the functions of the CMA with respect to an appeal under section 11C 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.”
(5)
In the heading, for “Commission” substitute “
.
CMA
”
33
(1)
Section 11E (determination of appeal) is amended as follows.
(2)
In subsections (2) to (5), for “Commission” (in each place where it occurs) substitute “
.
CMA
”
(3)
In the heading, for “Commission” substitute “
.
CMA
”
34
(1)
Section 11F (powers on allowing appeal) is amended as follows.
(2)
In subsection (1), for “Commission” substitute “
.
CMA
”
(3)
In subsection (2)—
(a)
for “Commission” (in each place where it occurs) substitute “
, and
CMA
”
(b)
for “Commission’s” substitute “CMA’s”.
(4)
In subsection (3), for “Commission” (in each place where it occurs) substitute “
.
CMA
”
(5)
In subsection (7), for “Commission’s” substitute “CMA’s”.
(6)
In the heading, for “Commission’s” substitute “CMA’s”.
35
(1)
Section 11G (time limits for determination of appeal) is amended as follows.
(2)
In subsection (1), for “Commission” substitute “
.
CMA
”
(3)
In subsections (3) to (5) and (7), for “Commission” (in each place where it occurs) substitute “
.
CMA
”
(4)
In the heading, for “Commission” substitute “
.
CMA
”
36
(1)
Section 11H (supplementary provision about determination of appeal) is amended as follows.
(2)
In subsection (1), for “Commission” (in each place where it occurs) substitute “
.
CMA
”
(3)
In subsection (2)—
(a)
for “Commission” substitute “
, and
CMA
”
(b)
for “Commission’s” (in each place where it occurs) substitute “CMA’s”.
(4)
In subsection (3), for “Commission” substitute “
.
CMA
”
(5)
In the heading, for “Commission” substitute “
.
CMA
”
37
In section 15 (modification by order under other enactments), in subsection (1) for “Office of Fair Trading, the Competition Commission” substitute “
.
CMA
”
38
(1)
Section 56B (application for order including new activities) is amended as follows.
(2)
In subsection (3), for the words from “shall” to the end, substitute “
.
shall, before making the application, make a reference under section 56C to the CMA
”
(3)
In subsections (4) and (5), for “Commission” (in each place where it occurs) substitute “
.
CMA
”
(4)
“(7)
The functions of the CMA with respect to a reference under section 56C (including functions under sections 109 to 115 of the Enterprise Act 2002, as applied by section 56CB) 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.”
39
(1)
Section 56C (references) is amended as follows.
(2)
In subsection (1)—
(a)
for “Competition Commission” substitute “
, and
CMA
”
(b)
for “the Commission” substitute “
.
the CMA
”
(3)
In subsections (2), (3), (5) and (6), for “Commission” (in each place where it occurs) substitute “
.
CMA
”
(4)
In the heading, for “Competition Commission” substitute “
.
CMA
”
40
In section 56CA (references under section 56C: time limits), in subsections (2) and (3), for “Competition Commission” (in each place where it occurs) substitute “
.
CMA
”
41
In section 56CB (references under section 56C: application of Enterprise Act 2002), in subsection (4)—
(a)
for “Competition Commission” substitute “
, and
CMA
”
(b)
“—
(a)
the words “, OFCOM or the Secretary of State” were omitted; and
(b)
for the words “their functions” there were substituted
“.”
its functions
”
42
(1)
Section 56D (reports on references) is amended as follows.
(2)
In subsection (1), for “Competition Commission” substitute “
.
CMA
”
(3)
In subsections (2) and (3), for “Commission” (in each place where it occurs) substitute “
.
CMA
”
(4)
In subsection (3A)—
(a)
for “Competition Commission” substitute “
, and
CMA
”
(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
”
(5)
In subsections (3B) to (4C), for “Competition Commission” (in each place where it occurs) substitute “
.
CMA
”
(6)
In subsection (5), for “Commission” substitute “
.
CMA
”
43
““the CMA” means the Competition and Markets Authority;”.
44
(1)
Schedule 5A (procedure for appeals under section 11C) is amended as follows.
(2)
In paragraph 1—
(a)
in sub-paragraphs (1) and (7), for “Commission” (in each place where it occurs) substitute “
,
CMA
”
(b)
in sub-paragraph (8)—
(i)
for “Commission’s” substitute “CMA’s”, and
(ii)
for “Commission” substitute “
,
CMA
”
(c)
in sub-paragraph (9)—
(i)
for “deciding” substitute “
, and
the authorised member decides
”
(ii)
for “the Commission must give the Authority” substitute “
,
the Authority must be given
”
(d)
in sub-paragraph (10), for “Commission’s” substitute “CMA’s”,
(e)
in sub-paragraph (12), for “the Commission must” substitute “
, and
an authorised member of the CMA must
”
(f)
in sub-paragraph (13)—
(i)
for “of the Commission” substitute “
, and
of the CMA
”
(ii)
for “as the Commission” substitute “
.
as an authorised member of the CMA
”
(3)
In paragraph 2—
(a)
in sub-paragraph (1) for “Commission” substitute “
,
CMA
”
(b)
in sub-paragraph (2)(b), for “the Commission has given the Authority” substitute “
,
the Authority has been given
”
(c)
in sub-paragraph (3), for “Commission’s” substitute “CMA’s”,
(d)
in sub-paragraph (4), for “Commission” substitute “
,
CMA
”
(e)
in sub-paragraph (5)—
(i)
for “Commission’s” substitute “CMA’s”, and
(ii)
for “Commission” substitute “
, and
CMA
”
(f)
in sub-paragraph (6)—
(i)
in paragraph (a), for “Commission” substitute “
, and
CMA
”
(ii)
in paragraph (b), for “the Commission” substitute “
.
an authorised member of the CMA
”
(4)
In paragraph 3, in sub-paragraphs (1) and (3), for “Commission” (in each place where it occurs) substitute “
.
CMA
”
(5)
In paragraph 4—
(a)
omit sub-paragraph (1),
(b)
in sub-paragraph (2)—
(i)
after “group” insert “
, and
constituted by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 for the purpose of carrying out functions of the CMA with respect to an appeal under section 11C
”
(ii)
for “Commission” substitute “
,
CMA panel
”
(c)
omit sub-paragraphs (3) to (7), and
(d)
in sub-paragraph (8), for “a group” substitute “
.
the group
”
(6)
In paragraph 5, in sub-paragraph (1)—
(a)
for “The group with the function of determining an appeal” substitute “
, and
The CMA
”
(b)
for “determination of the appeal” substitute “
.
determination of an appeal
”
(7)
In paragraph 6—
(a)
in sub-paragraph (1), for “Commission” (in each place where it occurs) substitute “
,
CMA
”
(b)
in sub-paragraph (4)—
(i)
for “The Commission may take copies” substitute “
, and
An authorised member of the CMA may, for the purpose of the exercise of the functions of the CMA, make arrangements for copies to be taken
”
(ii)
omit “to it”, and
(c)
in sub-paragraph (5), in paragraph (a), for the words from “Commission’s” to the end of paragraph (a), substitute “
.
CMA’s behalf by an authorised member of the CMA
”
(8)
In paragraph 7—
(a)
in sub-paragraph (2), for “Commission” substitute “
,
CMA
”
(b)
in sub-paragraph (5)(a), for “the Commission is not required” substitute “
,
there is no requirement
”
(c)
in sub-paragraph (7), for “the Commission must pay that person” substitute “
, and
an authorised member of the CMA must arrange for that person to be paid
”
(d)
in sub-paragraph (8), for the words from “Commission’s” to the end, substitute “
.
CMA’s behalf by an authorised member of the CMA
”
(9)
In paragraph 8—
(a)
in sub-paragraph (1), for “Commission” substitute “
, and
CMA
”
(b)
in sub-paragraph (4), for the words from “Commission’s” to the end, substitute “
.
CMA’s behalf by an authorised member of the CMA
”
(10)
In paragraph 9, for “Commission” substitute “
.
CMA
”
(11)
In paragraph 10, in sub-paragraph (1), for “a member of the Commission” substitute “
.
an authorised member of the CMA
”
(12)
In paragraph 11, in sub-paragraphs (1), (3) and (4), for “Commission” (in each place where it occurs) substitute “
.
CMA Board
”
(13)
In paragraph 12, in sub-paragraphs (1) and (2), for “Commission” (in each place where it occurs) substitute “
.
CMA
”
(14)
In paragraph 13, in sub-paragraph (1)—
(a)
““authorised member of the CMA”—
(a)
in relation to a power exercisable in connection with an appeal in respect of which a group has been constituted by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, means a member of that group who has been authorised by the chair of the CMA to exercise that power;
(b)
in relation to a power exercisable in connection with an application for permission to bring an appeal, or otherwise in connection with an appeal in respect of which a group has not been so constituted by the chair of the CMA, means—
(i)
any member of the CMA Board who is also a member of the CMA panel, or
(ii)
any member of the CMA panel authorised by the Secretary of State (whether generally or specifically) to exercise the power in question.”,
(b)
omit the definition of “the Chairman”,
(c)
““CMA Board” and “CMA panel” have the same meaning as in Schedule 4 to the Enterprise and Regulatory Reform Act 2013;”, and
(d)
omit the definition of a “group”.
Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40)
45
The Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 is amended as follows.
46
In section 26 (consideration of applications made under section 25), in subsection (3), for “Director” substitute “
.
CMA
”
47
In section 31 (rules of conduct), in subsection (2), for “Director” (in each place where it occurs) substitute “
.
CMA
”
48
(1)
Section 40 (advisory and supervisory functions of Director) is amended as follows.
(2)
In subsections (1) and (2), for “Director” (in each place where it occurs) substitute “
.
CMA
”
(3)
In subsection (3)—
(a)
for “Director has completed his consideration he” substitute “
, and
CMA has completed its consideration it
”
(b)
for “as he” substitute “
.
as it
”
(4)
In subsection (4), for “The Director may publish any advice given by him” substitute “
.
The CMA may publish any advice given
”
(5)
In subsection (5)—
(a)
for “Director” substitute “
, and
CMA
”
(b)
for “Director’s” substitute “CMA’s”.
(6)
In the heading, for “Director” substitute “
.
CMA
”
49
(1)
Section 41 (investigatory powers of Director) is amended as follows.
(2)
In subsection (1)—
(a)
for “Director” substitute “
, and
CMA
”
(b)
in paragraphs (a) and (b), for “him” in each place substitute “
.
the CMA
”
(3)
In the heading, for “Director” substitute “
.
CMA
”
50
In section 41A (enforcement of notices under section 41), in subsections (1) and (2), for “Office of Fair Trading” (in each place where it occurs) substitute “
.
CMA
”
51
In section 44 (interpretation of Part 2)—
(a)
““the CMA” means the Competition and Markets Authority;”, and
(b)
omit the definition of “the OFT”.
Water Industry Act 1991 (c. 56)
52
The Water Industry Act 1991 is amended as follows.
53
(1)
Section 12 (determinations under conditions of appointment) is amended as follows.
(2)
In subsection (2)—
(a)
for “Competition Commission” substitute “
, and
CMA
”
(b)
for “the Commission” substitute “
.
the CMA
”
(3)
In subsection (3)—
(a)
for “Competition Commission” substitute “
, and
CMA
”
(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)
“(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.
(2)
In subsection (1)—
(a)
for “Competition Commission” substitute “
, and
CMA
”
(b)
for “the Commission” substitute “
.
the CMA
”
(3)
In subsection (2)—
(a)
for “Competition Commission” substitute “
, and
CMA
”
(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 “
, and
CMA
”
(b)
for “the Commission” (in each place where it occurs) substitute “
.
the CMA
”
(6)
In subsection (6), for “Competition Commission” substitute “
.
CMA
”
(7)
“(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
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.
(2)
In subsection (1), for “Competition Commission” substitute “
.
CMA
”
(3)
In subsection (1A)—
(a)
for “Competition Commission” substitute “
, and
CMA
”
(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
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.
(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.
(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
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.
(2)
In subsection (1)—
(a)
for the words from “Competition Commission” to “the Commission”)” substitute “
, and
CMA
”
(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)
“(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
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.
(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
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.
(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.
(2)
In subsections (2) to (4), (6) and (8), for “Commission” (in each place where it occurs) substitute “
.
CMA
”
67
In section 17R (water supply licences: modification by order under other enactments), in subsection (1), for “OFT, the Commission” substitute “
.
CMA
”
68
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”.
Railways Act 1993 (c. 43)
69
The Railways Act 1993 is amended as follows.
70
(1)
Section 13 (modification references) is amended as follows.
(2)
In subsection (1)—
(a)
for “Competition Commission” substitute “
, and
CMA
”
(b)
for “the Commission” substitute “
.
the CMA
”
(3)
In subsection (2)—
(a)
for “Competition Commission” substitute “
, and
CMA
”
(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 “
, and
CMA
”
(b)
for “the Commission” substitute “
.
the CMA
”
(6)
In subsection (6)—
(a)
for “Competition Commission” substitute “
, and
CMA
”
(b)
for “the Commission” (in each place where it occurs) substitute “
.
the CMA
”
(7)
In subsection (7), for “Competition Commission” substitute “
.
CMA
”
(8)
“(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 13B and 15C).”
(9)
In the heading, for “Monopolies Commission” substitute “
.
CMA
”
71
In section 13A (references under section 13: time limits), in subsections (2) and (3), for “Competition Commission” (in each place where it occurs) substitute “
.
CMA
”
72
(1)
In section 13B (application of Enterprise Act 2002), in subsection (4)—
(a)
for “Competition Commission” substitute “
, and
CMA
”
(b)
“—
(a)
the words “, OFCOM or the Secretary of State” were omitted; and
(b)
for the words “their functions” there were substituted
“.”
its functions
”
73
(1)
Section 14 (reports on modification references) is amended as follows.
(2)
In subsection (1), for “Competition Commission” substitute “
.
CMA
”
(3)
In subsection (1A)—
(a)
for “Competition Commission” substitute “
, and
CMA
”
(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), (3) to (3C) and (4), for “Competition Commission” (in each place where it occurs) substitute “
.
CMA
”
74
In section 15 (modification following report), in subsections (1), (4A), (4C) and (4D), for “Competition Commission” (in each place where it occurs) substitute “
.
CMA
”
75
(1)
Section 15A (power to veto modifications following report) is amended as follows.
(2)
In subsections (1) to (5), for “Competition Commission” (in each place where it occurs) substitute “
.
CMA
”
(3)
In the heading, for “Competition Commission’s” substitute “CMA’s”.
76
(1)
Section 15B (making of modifications) is amended as follows.
(2)
In subsections (1) to (5), for “Competition Commission” (in each place where it occurs) substitute “
.
CMA
”
(3)
In the heading, for “Competition Commission” substitute “
.
CMA
”
77
(1)
Section 15C (sections 15A and 15B: supplementary) is amended as follows.
(2)
In subsections (2) to (2B) and (2D), for “Competition Commission” (in each place where it occurs) substitute “
.
CMA
”
(3)
In subsection (2F), for “Commission” (in each place where it occurs) substitute “
.
CMA
”
(4)
In subsection (2G)—
(a)
for “Competition Commission” substitute “
, and
CMA
”
(b)
“—
(a)
the words “, OFCOM or the Secretary of State” were omitted; and
(b)
for the words “their functions” there were substituted
“.”
its functions
”
(5)
In subsections (3) and (4), for “Competition Commission” (in each place where it occurs) substitute “
.
CMA
”
78
In section 16 (modification by order under other enactments), in subsection (1), for “OFT, the Competition Commission” substitute “
.
CMA
”
79
(1)
Section 74 (annual and other reports) is amended as follows.
(2)
In subsection (1)(b), for “Competition Commission’s” substitute “CMA’s”.
(3)
Omit subsection (7).
80
In section 83 (interpretation of Part 1), in subsection (1)—
(a)
before the definition of “cross-border service” insert—
“ “the CMA” means the Competition and Markets Authority;”, and
(b)
omit the definition of “the OFT”.
81
(1)
Schedule 4A (review of access charges by regulators) is amended as follows.
(2)
In the italic cross-heading preceding paragraph 8, for “Competition Commission reference” substitute “
.
reference to CMA
”
(3)
In paragraph 8, in sub-paragraph (2)(b), for “Competition Commission” substitute “
.
CMA
”
(4)
In the italic cross-heading preceding paragraph 9, for “Competition Commission” substitute “
.
CMA
”
(5)
In paragraph 9—
(a)
in sub-paragraphs (1), (3) to (5), and (6A) to (9), for “Competition Commission” (in each place where it occurs) substitute “
, and
CMA
”
(b)
“(10)
The functions of the CMA with respect to a reference under this paragraph 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 changes following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act 2002, as applied by paragraphs 10A and 15).”
(6)
In paragraph 10A, in sub-paragraph (4)—
(a)
for “Competition Commission” substitute “
, and
CMA
”
(b)
“—
(a)
the words “, OFCOM or the Secretary of State” were omitted; and
(b)
for the words “their functions” there were substituted
“.”
its functions
”
(7)
In paragraph 11—
(a)
in sub-paragraph (1), for “Competition Commission” substitute “
,
CMA
”
(b)
in sub-paragraph (4A)—
(i)
for “Competition Commission” substitute “
, and
CMA
”
(ii)
for the words from “in connection with” to the end substitute “
, and
by the chair of the CMA for the purpose of carrying out the functions of the CMA with respect to the reference
”
(c)
in sub-paragraphs (4B) to (5C) and (6), for “Competition Commission” (in each place where it occurs) substitute “
.
CMA
”
(8)
In paragraph 12, in sub-paragraphs (1), (4B), (5), (8) and (9), for “Competition Commission” substitute “
.
CMA
”
(9)
In the italic cross-heading preceding paragraph 13, for “Competition Commission’s” substitute “CMA’s”.
(10)
In paragraph 13, in sub-paragraphs (1) to (5), for “Competition Commission” (in each place where it occurs) substitute “
.
CMA
”
(11)
In the italic cross-heading preceding paragraph 14, for “Competition Commission” substitute “
.
CMA
”
(12)
In paragraph 14, in sub-paragraphs (1) to (3) and (5) and (6), for “Competition Commission” (in each place where it occurs) substitute “
.
CMA
”
(13)
In paragraph 15—
(a)
in sub-paragraphs (2) to (2B) and (2D), for “Competition Commission” (in each place where it occurs) substitute “
,
CMA
”
(b)
in sub-paragraph (2F), for “Commission” (in each place where it occurs) substitute “
,
CMA
”
(c)
in sub-paragraph (2G)—
(i)
for “Competition Commission” substitute “
, and
CMA
”
(ii)
“—
(a)
the words “, OFCOM or the Secretary of State” were omitted; and
(b)
for the words “their functions” there were substituted
“.”, and
its functions
”
(d)
in sub-paragraphs (3) and (4), for “Competition Commission” (in each place where it occurs) substitute “
.
CMA
”
Utilities Act 2000 (c. 27)
82
The Utilities Act 2000 is amended as follows.
83
(1)
Section 5 (annual and other reports of Authority) is amended as follows.
(2)
In subsection (1)(b), for “Competition Commission” substitute “
.
Competition and Markets Authority
”
(3)
Omit subsection (9).
84
Section 104 (specialist members of the Competition Commission) is omitted.
Transport Act 2000 (c. 38)
85
The Transport Act 2000 is amended as follows.
86
(1)
Section 12 (references) is amended as follows.
(2)
In subsection (1)—
(a)
for “Competition Commission” substitute “
, and
Competition and Markets Authority (referred to in this Chapter as “the CMA”)
”
(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)
“(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
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
In section 12B (references under section 12: application of Enterprise Act 2002), in subsection (4)—
(a)
for “Competition Commission” substitute “
, and
CMA
”
(b)
“—
(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.
(2)
In subsection (1), for “Competition Commission” substitute “
.
CMA
”
(3)
In subsection (1A)—
(a)
for “Competition Commission” substitute “
, and
CMA
”
(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.
(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.
(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 “
, and
CMA
”
(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.
(2)
In subsection (1), for “Competition Commission” substitute “
.
CMA
”
(3)
In subsection (2)—
(a)
for “Commission” substitute “
, and
CMA
”
(b)
for “Commission’s” substitute “CMA’s”.
(4)
In subsection (3)—
(a)
for “Commission” substitute “
, and
CMA
”
(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.
(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.
(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 “
, and
CMA
”
(b)
“—
(a)
the words “, OFCOM or the Secretary of State” were omitted; and
(b)
for the words “their functions” there were substituted
“.”
its functions
”
95
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.
(2)
In the italic cross-heading preceding paragraph 5, for “OFT” substitute “
.
CMA
”
(3)
In paragraph 5—
(a)
for “Office of Fair Trading” substitute “
, and
Competition and Markets Authority
”
(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
”
Communications Act 2003 (c. 21)
97
The Communications Act 2003 is amended as follows.
98
(1)
Section 193 (reference of price control matters) is amended as follows.
(2)
In subsection (1), for “Competition Commission” substitute “
.
CMA
”
(3)
In subsection (2)—
(a)
for “Competition Commission” substitute “
,
CMA
”
(b)
for “the Commission is to determine that matter” substitute “
,
the determination of the matter is 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, and is to be performed
”
(c)
in paragraph (b), for “them” substitute “
, and
the CMA
”
(d)
in paragraph (c), for “Commission” substitute “
.
CMA
”
(4)
In subsection (3)—
(a)
for “Competition Commission” substitute “
, and
CMA
”
(b)
for “that Commission” substitute “
.
the CMA
”
(5)
In subsection (4), for “Competition Commission” substitute “
.
CMA
”
(6)
In subsection (6)—
(a)
for “Competition Commission” substitute “
, and
CMA
”
(b)
for “that Commission” substitute “
.
the CMA
”
(7)
In subsections (7) and (8), for “Competition Commission” (in each place where it occurs) substitute “
.
CMA
”
(8)
In the heading, for “Competition Commission” substitute “
.
CMA
”
99
Section 194 (composition of Competition Commission for price control references) is omitted.
100
In section 197 (interpretation of Chapter 3), before the definition of “network access” insert—
“ “the CMA” means the Competition and Markets Authority;”.
Energy Act 2004 (c. 20)
101
The Energy Act 2004 is amended as follows.
102
(1)
Section 173 (appeals) is amended as follows.
(2)
In subsection (1)—
(a)
omit “shall lie to the Competition Commission”, and
(b)
after “applies” insert “
.
shall lie to the Competition and Markets Authority (in this Chapter referred to as “the CMA”)
”
(3)
In subsections (4) and (5), for “Competition Commission” (in each place where it occurs) substitute “
.
CMA
”
(4)
In the heading, for “Competition Commission” substitute “
.
CMA
”
103
(1)
Section 174 (procedure on appeals) is amended as follows.
(2)
Omit subsection (1).
(3)
In subsection (2), omit “Instead,”.
(4)
“(2A)
Except where specified otherwise in Schedule 22, the functions of the CMA with respect to appeals under section 173 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.”
104
(1)
Section 175 (determination of appeals) is amended as follows.
(2)
In subsections (2) to (6), for “Competition Commission” (in each place where it occurs) substitute “
.
CMA
”
(3)
In subsection (9)—
(a)
for “Competition Commission” substitute “
, and
CMA
”
(b)
for “the Commission” (in each place where it occurs) substitute “
.
the CMA
”
(4)
In subsection (10), for “Competition Commission” substitute “
.
CMA
”
105
Section 176 is omitted.
106
Section 177 is omitted.
107
(1)
Schedule 22 (procedure for appeals under section 173) is amended as follows.
(2)
In paragraph 1—
(a)
in sub-paragraph (1), for “Commission” substitute “
,
CMA
”
(b)
in sub-paragraph (8), for “Commission’s” substitute “CMA’s”,
(c)
in sub-paragraph (9)—
(i)
for “Commission’s” substitute “CMA’s”, and
(ii)
for “Commission” substitute “
, and
CMA
”
(d)
in sub-paragraph (12), for “the Commission must” substitute “
.
an authorised member of the CMA must
”
(3)
In paragraph 2, in sub-paragraphs (1), (2), (5) and (6), for “Commission” (in each place where it occurs) substitute “
.
CMA
”
(4)
In paragraph 3, in sub-paragraphs (1) and (5), for “Commission” (in each place where it occurs) substitute “
.
CMA
”
(5)
In paragraph 4, in sub-paragraph (1), for “Commission” substitute “
.
CMA
”
(6)
In paragraph 5—
(a)
omit sub-paragraph (1),
(b)
in sub-paragraph (2)—
(i)
after “group”, insert “
, and
constituted by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 for the purpose of carrying out functions of the CMA with respect to an appeal under section 173
”
(ii)
for “Commission” substitute “
,
CMA panel
”
(c)
omit sub-paragraphs (3) to (7), and
(d)
in sub-paragraph (8), for “a group” substitute “
.
the group
”
(7)
In paragraph 6—
(a)
in sub-paragraph (1), for the words from the beginning to “that appeal” substitute “
,
The CMA must determine an appeal
”
(b)
in sub-paragraph (2)—
(i)
for “group with the function of determining an appeal” substitute “
, and
CMA
”
(ii)
after “requirements” insert “
, and
in respect of an appeal
”
(c)
in sub-paragraph (3), for “Commission” substitute “
.
CMA
”
(8)
In paragraph 7—
(a)
for “The group with the function of determining an appeal” substitute “
, and
The CMA
”
(b)
for “determination of the appeal” substitute “
.
determination of an appeal
”
(9)
In paragraph 8—
(a)
in sub-paragraph (1), for “Commission” (in each place where it occurs) substitute “
,
CMA
”
(b)
in sub-paragraph (4)—
(i)
for “The Commission may take copies” substitute “
, and
An authorised member of the CMA may, for the purpose of the exercise of the functions of the CMA, make arrangements for copies to be taken
”
(ii)
omit “to it”, and
(c)
in sub-paragraph (5), for the words from “Commission’s” to the end, substitute “
.
CMA’s behalf by an authorised member of the CMA
”
(10)
In paragraph 9—
(a)
in sub-paragraph (2), for “Commission” substitute “
,
CMA
”
(b)
in sub-paragraph (5)(a), for “the Commission is not required” substitute “
,
there is no requirement
”
(c)
in sub-paragraph (7), for “the Commission must pay him” substitute “
, and
an authorised member of the CMA must arrange for that person to be paid
”
(d)
in sub-paragraph (8), for the words from “Commission’s” to the end, substitute “
.
CMA’s behalf by an authorised member of the CMA
”
(11)
In paragraph 10—
(a)
in sub-paragraph (1), for “Commission” substitute “
, and
CMA
”
(b)
in sub-paragraph (4), for the words from “Commission’s” to the end, substitute “
CMA’s behalf by an authorised member of the CMA
”
(12)
In paragraph 11, in sub-paragraph (1), for “a member of the Commission” substitute “
.
an authorised member of the CMA
”
(13)
In paragraph 12, in sub-paragraphs (1), (3) and (4), for “Commission” (in each place where it occurs) substitute “
.
CMA Board
”
(14)
In paragraph 13, in sub-paragraph (1), for “Commission” (in each place where it occurs) substitute “
.
CMA
”
(15)
In paragraph 15, in sub-paragraph (1)—
(a)
““authorised member of the CMA”—
(a)
in relation to a power exercisable in connection with an appeal in respect of which a group has been constituted by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, means a member of that group who has been authorised by the chair of the CMA to exercise that power;
(b)
in relation to a power exercisable in connection with an application for permission to bring an appeal, or otherwise in connection with an appeal in respect of which a group has not been so constituted by the chair of the CMA, means—
(i)
any member of the CMA Board who is also a member of the CMA panel, or
(ii)
any member of the CMA panel authorised by the Secretary of State (whether generally or specifically) to exercise the power in question.”,
(b)
omit the definition of “the Chairman”,
(c)
““the CMA” means the Competition and Markets Authority;”
“CMA Board” and “CMA panel” have the same meaning as in Schedule 4 to the Enterprise and Regulatory Reform Act 2013;”, and
(d)
omit the definition of “a group”.
Legal Services Act 2007 (c. 29)
108
The Legal Services Act 2007 is amended as follows.
109
(1)
Section 57 (reports) is amended as follows.
(2)
In subsection (1), for “OFT” (in each place where it occurs) substitute “
.
CMA
”
(3)
In subsection (2), for “OFT‘s” substitute “CMA’s”.
(4)
In subsections (3) to (6), for “OFT” (in each place where it occurs) substitute “
.
CMA
”
(5)
In the heading, for “OFT” substitute “
.
CMA
”
110
(1)
Section 58 (Board’s response to report) is amended as follows.
(2)
In subsection (1), for “OFT” substitute “
.
CMA
”
(3)
In subsections (2) and (3), for “OFT‘s” (in each place where it occurs) substitute “CMA’s”.
(4)
In subsection (4), for “OFT” substitute “
.
CMA
”
(5)
In the heading, for “OFT” substitute “
.
CMA
”
111
(1)
Section 59 (referral of report by Lord Chancellor) is amended as follows.
(2)
In subsections (1) to (3), for “OFT” (in each place where it occurs) substitute “
.
CMA
”
(3)
In subsection (4), for the words from “must” to “its advice” substitute “
.
must make a reference to the chair of the CMA for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, for the purpose of advising the Lord Chancellor
”
(4)
“(5)
Where a reference is made to the chair of the CMA under this section for the constitution of a group, the functions of the CMA under section 60, in relation to the matter concerned, are to be carried out on behalf of the CMA by the group so constituted (including functions under sections 109 to 115 of the Enterprise Act 2002, as applied by section 60(9)).”
(5)
In the heading, omit “to the Competition Commission”.
112
(1)
Section 60 (duties of the Competition Commission) is amended as follows.
(2)
In subsection (1), for the words from “seeks” to “the Commission” substitute “
.
makes a reference under section 59, the CMA
”
(3)
In subsection (2), for “The Commission must then make its own report” substitute “
.
The CMA must then make a report
”
(4)
In subsection (3), for “Commission” substitute “
.
CMA
”
(5)
In subsection (4)—
(a)
for “Commission” substitute “
, and
CMA
”
(b)
for the words from “it receives” to the end substitute “
.
the reference in question is made to the chair of the CMA under section 59
”
(6)
In subsection (5), for “Commission’s” substitute “CMA’s”.
(7)
In subsection (6)—
(a)
for “Commission’s” substitute “CMA’s, and
(b)
for “Commission” (in each place where it occurs) substitute “
.
CMA
”
(8)
In subsection (7), for “Commission” substitute “
.
CMA
”
(9)
In subsection (8)—
(a)
for “Commission’s” substitute “CMA’s, and
(b)
for “Commission” substitute “
.
CMA
”
(10)
In subsection (9)—
(a)
in the words before paragraph (a), for “to the Commission” substitute “
, and
to the CMA
”
(b)
in paragraph (b), for “Commission” substitute “
.
CMA
”
(11)
In subsection (10)—
(a)
for “Commission” substitute “
, and
CMA
”
(b)
for “OFT‘s report” substitute “
.
report made by the CMA under section 57
”
(12)
In the heading, for “Competition Commission” substitute “
.
CMA
”
113
(1)
Section 61 (Lord Chancellor’s power to give directions) is amended as follows.
(2)
In subsection (1), for “OFT” substitute “
.
CMA
”
(3)
In subsection (2), for “Competition Commission” substitute “
.
CMA
”
114
In section 66 (Board’s power to recommend orders), in subsection (3)(b), for “OFT” substitute “
.
CMA
”
115
In section 67 (effect of Board’s designation as approved regulator), in subsection (3), for “OFT” substitute “
.
CMA
”
116
In section 207 (interpretation), in subsection (1)—
(a)
“the CMA” means the Competition and Markets Authority;”, and
(b)
omit the definition of “the OFT”.
117
(1)
Schedule 4 (approved regulators) is amended as follows.
(2)
In paragraph 5, in sub-paragraph (2)(a), for “OFT” substitute “
.
CMA
”
(3)
In the italic cross-heading preceding paragraph 6, for “Office of Fair Trading” substitute “
.
Competition and Markets Authority
”
(4)
In paragraph 6, in sub-paragraphs (1) and (2), for “OFT” (in each place where it occurs) substitute “
.
CMA
”
(5)
In paragraph 15, in sub-paragraph (5)(a), for “OFT” substitute “
.
CMA
”
118
(1)
Schedule 6 (alteration of reserved legal activities) is amended as follows.
(2)
In paragraph 3, in sub-paragraph (1)(b), for “OFT” substitute “
.
CMA
”
(3)
In paragraph 5, in sub-paragraphs (1) to (4), for “OFT” (in each place where it occurs) substitute “
.
CMA
”
(4)
In paragraph 8, in sub-paragraph (3), for “OFT” (in each place where it occurs) substitute “
.
CMA
”
(5)
In paragraph 9, in sub-paragraph (2)(b), for “OFT” substitute “
.
CMA
”
(6)
In paragraph 11, in sub-paragraph (4)(a), for “OFT” substitute “
.
CMA
”
(7)
In paragraph 17, in sub-paragraph (4)(a), for “OFT” substitute “
.
CMA
”
119
(1)
Schedule 7 (directions: procedure) is amended as follows.
(2)
In paragraph 3, in sub-paragraph (2)(b), for “OFT” substitute “
.
CMA
”
(3)
In the italic cross-heading preceding paragraph 5, for “Office of Fair Trading” substitute “
.
Competition and Markets Authority
”
(4)
In paragraph 5, in sub-paragraphs (1) and (2), for “OFT” (in each place where it occurs) substitute “
.
CMA
”
120
(1)
Schedule 8 (intervention directions: procedure) is amended as follows.
(2)
In paragraph 3, in sub-paragraph (2)(b), for “OFT” substitute “
.
CMA
”
(3)
In the italic cross-heading preceding paragraph 5, for “Office of Fair Trading” substitute “
.
Competition and Markets Authority
”
(4)
In paragraph 5, in sub-paragraphs (1) and (2), for “OFT” (in each place where it occurs) substitute “
.
CMA
”
(5)
In paragraph 14, in sub-paragraph (3)(b), for “OFT” substitute “
.
CMA
”
(6)
In the italic cross-heading preceding paragraph 16, for “Office of Fair Trading” substitute “
.
Competition and Markets Authority
”
(7)
In paragraph 16, in sub-paragraphs (1) and (2), for “OFT” (in each place where it occurs) substitute “
.
CMA
”
121
(1)
Schedule 9 (cancellation of designation as approved regulator) is amended as follows.
(2)
In paragraph 3, in sub-paragraph (2)(a), for “OFT” substitute “
.
CMA
”
(3)
In the italic cross-heading preceding paragraph 4, for “Office of Fair Trading” substitute “
.
Competition and Markets Authority
”
(4)
In paragraph 4, in sub-paragraphs (1) and (2), for “OFT” (in each place where it occurs) substitute “
.
CMA
”
122
(1)
Schedule 10 (designation of approved regulators as licensing authorities) is amended as follows.
(2)
In paragraph 3, in sub-paragraph (2)(a), for “OFT” substitute “
.
CMA
”
(3)
In the italic cross-heading preceding paragraph 4, for “Office of Fair Trading” substitute “
.
Competition and Markets Authority
”
(4)
In paragraph 4, in sub-paragraphs (1) and (2), for “OFT” (in each place where it occurs) substitute “
.
CMA
”
(5)
In paragraph 13, in sub-paragraph (5)(a), for “OFT” substitute “
.
CMA
”
(6)
In paragraph 19, in sub-paragraph (2)(a), for “OFT” substitute “
.
CMA
”
(7)
In the italic cross-heading preceding paragraph 20, for “Office of Fair Trading” substitute “
.
Competition and Markets Authority
”
(8)
In paragraph 20, in sub-paragraphs (1) and (2), for “OFT” (in each place where it occurs) substitute “
.
CMA
”
123
In Schedule 24 (index of defined expressions)—
(a)
“CMA
section 207”, and
(b)
omit the reference to the OFT.
Postal Services Act 2011 (c. 5)
124
The Postal Services Act 2011 is amended as follows.
125
(1)
Section 59 (price control decisions) is amended as follows.
(2)
In subsection (3), for “Competition Commission (“the Commission”)” substitute “
.
Competition and Markets Authority (“the CMA”)
”
(3)
In subsections (5) to (12), for “Commission” (in each place where it occurs) substitute “
.
CMA
”
(4)
“(12A)
The CMA’s functions with respect to an appeal under this section are to be carried out on its behalf by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013”.
126
In section 60 (section 59: supplementary), in subsections (1) and (4) to (6), for “Commission” (in each place where it occurs) substitute “
.
CMA
”
Health and Social Care Act 2012 (c. 7)
127
The Health and Social Care Act 2012 is amended as follows.
128
(1)
Section 101 (licence condition modification references) is amended as follows.
(2)
In subsection (2)—
(a)
for “Competition Commission” substitute “
, and
CMA
”
(b)
for “the Commission” substitute “
.
the CMA
”
(3)
In subsection (4)—
(a)
for “Competition Commission” substitute “
, and
CMA
”
(b)
for “the Commission” substitute “
.
the CMA
”
(4)
“(4A)
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 changes following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act 2002, as applied by paragraph 10 of Schedule 10).”
(5)
In subsections (5) and (6), for “Competition Commission” (in each place where it occurs) substitute “
.
CMA
”
(6)
In the heading, for “Competition Commission” substitute “
.
CMA
”
129
In section 102 (modification of conditions by order under other enactments), in subsection (1), for “Office of Fair Trading, Competition Commission” substitute “
.
CMA
”
130
In section 103 (standard condition as to transparency of certain criteria), in subsection (3)—
(a)
in paragraph (b), for “Competition Commission” substitute “
, and
CMA
”
(b)
in paragraph (c), for “Office of Fair Trading, Competition Commission” substitute “
.
CMA
”
131
(1)
Section 120 (responses to consultation on proposals for national tariff) is amended as follows.
(2)
In subsections (1) and (4), for “Competition Commission” (in each place where it occurs) substitute “
.
CMA
”
(3)
In subsection (5), omit the words from the beginning to “instead,”.
(4)
“(5A)
Except where specified otherwise in Schedule 12, the functions of the CMA with respect to a reference under this section (including functions relating to the making of changes following a determination on a reference) 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.”
132
(1)
Section 121 (determination on reference under section 120) is amended as follows.
(2)
In subsections (1) to (3), for “Competition Commission” (in each place where it occurs) substitute “
.
CMA
”
(3)
In subsections (4) to (6) and (8) to (10), for “Commission” (in each place where it occurs) substitute “
.
CMA
”
133
In section 122 (changes following determination on reference under section 120), in subsections (1) and (2), for “Competition Commission” (in each place where it occurs) substitute “
.
CMA
”
134
(1)
Section 123 (power to veto changes proposed under section 122) is amended as follows.
(2)
In subsection (1), for “Competition Commission” substitute “
.
CMA
”
(3)
In subsection (3), for “Commission” substitute “
.
CMA
”
(4)
In subsection (4), for “Competition Commission” substitute “
.
CMA
”
(5)
In subsections (5) to (7), for “Commission” (in each place where it occurs) substitute “
.
CMA
”
135
(1)
Section 142 (responses to consultation on proposal to impose a levy) is amended as follows.
(2)
In subsections (1) and (4), for “Competition Commission” (in each place where it occurs) substitute “
.
CMA
”
(3)
“(4A)
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 changes following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act 2002, as applied by paragraph 10 of Schedule 10).”
(4)
In subsections (5) and (7), for “Competition Commission” (in each place where it occurs) substitute “
.
CMA
”
136
(1)
Section 149 (electronic communications) is amended as follows.
(2)
In subsection (2)—
(a)
for “Competition Commission” substitute “
, and
CMA
”
(b)
for “the Commission” substitute “
.
the CMA
”
(3)
In subsections (3) and (4), for “Competition Commission” (in each place where it occurs) substitute “
.
CMA
”
137
““the CMA” means the Competition and Markets Authority;”.
138
(1)
Schedule 10 (references by Monitor under section 101 or 142) is amended as follows.
(2)
In the heading, for “Competition Commission” substitute “
.
CMA
”
(3)
In paragraph 1—
(a)
in sub-paragraph (1), for “Competition Commission” substitute “
, and
CMA
”
(b)
in sub-paragraph (2), for “the Commission” substitute “
.
the CMA
”
(4)
In paragraph 2, for “Competition Commission” substitute “
.
CMA
”
(5)
In paragraph 4—
(a)
in sub-paragraph (1)—
(i)
for “Competition Commission” substitute “
, and
CMA
”
(ii)
for “the Commission” (in each place where it occurs) substitute “
, and
the CMA
”
(b)
in sub-paragraph (2), for “Commission” substitute “
.
CMA
”
(6)
In paragraph 5—
(a)
in sub-paragraph (1), for “Competition Commission” substitute “
,
CMA
”
(b)
in sub-paragraph (3), for “Commission” substitute “
, and
CMA
”
(c)
in sub-paragraph (4), for “Competition Commission” substitute “
.
CMA
”
(7)
In paragraph 6—
(a)
in sub-paragraph (1), for “Competition Commission” substitute “
,
CMA
”
(b)
in sub-paragraph (2)—
(i)
for “Commission” substitute “
, and
CMA
”
(ii)
for the words from “in connection with” to the end substitute “
, and
by the chair of the CMA for the purpose of carrying out the functions of the CMA with respect to the reference
”
(c)
in sub-paragraph (4), for “Commission” substitute “
.
CMA
”
(8)
In paragraph 7, in sub-paragraphs (1) and (8), for “Competition Commission” (in each place where it occurs) substitute “
.
CMA
”
(9)
In the italic cross-heading preceding paragraph 8, for “Competition Commission’s” substitute “CMA’s”.
(10)
In paragraph 8—
(a)
in sub-paragraph (1), for “Competition Commission” substitute “
, and
CMA
”
(b)
in sub-paragraphs (3) to (5), (7), (8) and (10) to (12), for “Commission” (in each place where it occurs) substitute “
.
CMA
”
(11)
In paragraph 9—
(a)
in sub-paragraph (1), for “Competition Commission” substitute “
, and
CMA
”
(b)
in sub-paragraphs (2) and (3), for “Commission” (in each place where it occurs) substitute “
.
CMA
”
(12)
In paragraph 10, in sub-paragraph (2), for “Competition Commission” substitute “
.
CMA
”
139
(1)
Schedule 12 (procedure on references under section 120) is amended as follows.
(2)
In paragraph 2, in sub-paragraph (1), for “Competition Commission” substitute “
.
CMA
”
(3)
In the italic cross-heading preceding paragraph 3, for “Commission” substitute “
.
CMA
”
(4)
In paragraph 3—
(a)
omit sub-paragraph (1),
(b)
in sub-paragraph (2)—
(i)
for “selected under this paragraph” substitute “
, and
constituted by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 for the purpose of carrying out functions of the CMA with respect to a reference under section 120
”
(ii)
for “Commission” substitute “
,
CMA panel
”
(c)
omit sub-paragraphs (3) to (6), and
(d)
in sub-paragraph (7), for “a group” substitute “
.
the group
”
(5)
In paragraph 4—
(a)
in sub-paragraph (1), for the words from the beginning to “the determination” substitute “
,
The CMA must make its determination on a reference
”
(b)
in sub-paragraph (2), for “that group” substitute “
, and
the CMA
”
(c)
in sub-paragraph (3), for “Competition Commission” substitute “
.
CMA
”
(6)
In paragraph 5, in sub-paragraph (1)—
(a)
for “group with the function of determining a reference” substitute “
, and
CMA
”
(b)
for “of the appeal” substitute “
.
on a reference
”
(7)
In paragraph 6, in sub-paragraphs (1) and (3), for “Competition Commission” (in each place where it occurs) substitute “
.
CMA
”
(8)
In paragraph 7—
(a)
in sub-paragraph (1), for “a group with the function of making a determination on a reference under section 120” substitute “
,
the CMA
”
(b)
in sub-paragraph (2), for “A group with that function” substitute “
,
The CMA
”
(c)
in sub-paragraph (3), for “Competition Commission” substitute “
,
CMA
”
(d)
in sub-paragraph (4)—
(i)
for “Competition Commission” substitute “
, and
CMA
”
(ii)
in paragraph (b), after “evidence” insert “
and omit “to a group with that function”,
to it
”
(e)
in sub-paragraph (5), for “group conducting the hearing” substitute “
,
CMA
”
(f)
in sub-paragraph (8)—
(i)
in paragraph (a), for “Competition Commission” substitute “
, and
CMA
”
(ii)
in paragraph (b), for “group conducting the hearing” substitute “
, and
CMA
”
(g)
in sub-paragraph (9), for “Competition Commission” substitute “
.
CMA
”
(9)
In paragraph 8, in sub-paragraph (1)—
(a)
for “Commission” substitute “
, and
CMA
”
(b)
for “a group with the function of making a determination on a reference under section 120” substitute “
.
the CMA
”
(10)
In paragraph 9, in sub-paragraph (2), for “Commission” substitute “
.
group constituted for the purpose of carrying out functions of the CMA with respect to the reference to which the notice or requirement relates
”
(11)
In paragraph 10, in sub-paragraph (2) for the words from “Competition Commission’s” to the end substitute “
.
CMA’s behalf by a member of the group constituted for the purpose of carrying out functions of the CMA with respect to the reference to which the notice relates
”
(12)
In paragraph 11—
(a)
in sub-paragraph (1), for “Competition Commission” substitute “
, and
CMA Board
”
(b)
in sub-paragraphs (4) and (5), for “Commission” substitute “
.
CMA Board
”
(13)
In paragraph 12—
(a)
“(1)
Where the CMA makes a determination on a reference under section 120 it must make an order requiring the payment to it of the costs it incurred in connection with the reference.”, and
(b)
in sub-paragraph (5)—
(i)
for “The group that makes a determination on a reference under section 120” substitute “
, and
The CMA
”
(ii)
for “the determination” substitute “
.
a determination on a reference under section 120
”
Civil Aviation Act 2012 (c. 19)
140
The Civil Aviation Act 2012 is amended as follows.
141
(1)
Section 24 (appeals: conditions of new licences) is amended as follows.
(2)
In subsections (1), (3) and (5), for “Competition Commission” (in each place where it occurs) substitute “
.
Competition and Markets Authority
”
(3)
In the heading, for “Competition Commission” substitute “
.
Competition and Markets Authority
”
142
(1)
Section 25 (appeals: modification of licence conditions) is amended as follows.
(2)
In subsections (1), (3), (5) and (7), for “Competition Commission” (in each place where it occurs) substitute “
.
Competition and Markets Authority
”
(3)
In the heading, for “Competition Commission” substitute “
.
Competition and Markets Authority
”
143
In section 26 (when appeals may be allowed), for “Competition Commission” substitute “
.
Competition and Markets Authority
”
144
(1)
Section 27 (determination of appeal) is amended as follows.
(2)
In subsection (1) for “Competition Commission” substitute “
.
Competition and Markets Authority
”
(3)
In subsection (2)—
(a)
for “Competition Commission” substitute “
, and
Competition and Markets Authority
”
(b)
for “the Commission” substitute “
.
the Competition and Markets Authority
”
(4)
In subsection (4)—
(a)
for “Competition Commission” substitute “
, and
Competition and Markets Authority
”
(b)
for “the Commission” substitute “
.
the Competition and Markets Authority
”
(5)
In subsection (5), for “Competition Commission” substitute “
.
Competition and Markets Authority
”
145
(1)
Section 28 (determination of appeal: time limits) is amended as follows.
(2)
In subsections (1), (3) and (4), for “Competition Commission” (in each place where it occurs) substitute “
.
Competition and Markets Authority
”
(3)
In subsection (5)—
(a)
for “Competition Commission” substitute “
, and
Competition and Markets Authority
”
(b)
for “the Commission” substitute “
.
the Competition and Markets Authority
”
(4)
In subsections (6) to (8), for “Competition Commission” (in each place where it occurs) substitute “
.
Competition and Markets Authority
”
146
(1)
Section 29 (determination of appeal: publication etc) is amended as follows.
(2)
In subsection (1)—
(a)
for “Competition Commission” substitute “
, and
Competition and Markets Authority
”
(b)
for “the Commission” substitute “
.
the Competition and Markets Authority
”
(3)
In subsections (3) and (4), for “Competition Commission” (in each place where it occurs) substitute “
.
Competition and Markets Authority
”
(4)
In subsection (5)—
(a)
for “Competition Commission” substitute “
and
Competition and Markets Authority
”
(b)
for “Commission’s opinion” (in each place where those words occur) substitute “
.
opinion of the Competition and Markets Authority
”
147
(1)
Section 30 (procedure on appeals) is amended as follows.
(2)
In subsection (2), for “Competition Commission” substitute “
.
Competition and Markets Authority
”
(3)
“(4)
Except where specified otherwise in Schedule 2, the functions of the Competition and Markets Authority with respect to an appeal under section 24 or 25 are to be carried out on behalf of the Competition and Markets Authority by a group constituted for the purpose, by the chair of the Competition and Markets Authority, under Schedule 4 to the Enterprise and Regulatory Reform Act 2013.”
148
(1)
Schedule 2 (appeals under sections 24 and 25) is amended as follows.
(2)
In paragraph 2—
(a)
in sub-paragraph (1)—
(i)
for “Competition Commission’s decision” substitute “
, and
decision of the Competition and Markets Authority
”
(ii)
for “the Commission” substitute “
,
the Competition and Markets Authority
”
(b)
in sub-paragraphs (5) and (6), for “Competition Commission” (in each place where it occurs) substitute “
,
Competition and Markets Authority
”
(c)
in sub-paragraph (7), for “The Competition Commission” substitute “
, and
An authorised member of the Competition and Markets Authority
”
(d)
in sub-paragraph (8), in paragraph (d), for “Commission” substitute “
.
authorised member
”
(3)
In paragraph 3, in sub-paragraph (1), for “Competition Commission” substitute “
.
Competition and Markets Authority
”
(4)
In paragraph 4—
(a)
in sub-paragraph (1), for “Competition Commission” substitute “
,
Competition and Markets Authority
”
(b)
in sub-paragraph (2), for “on which the Competition Commission publishes its” substitute “of publication of the Competition and Markets Authority’s”, and
(c)
in sub-paragraph (3), for “Competition Commission” substitute “
.
Competition and Markets Authority
”
(5)
In paragraph 5—
(a)
in sub-paragraph (1)—
(i)
for “Competition Commission’s decision” substitute “
, and
decision of the Competition and Markets Authority
”
(ii)
for “the Commission” substitute “
,
the Competition and Markets Authority
”
(b)
in sub-paragraph (2), for “Competition Commission” substitute “
,
Competition and Markets Authority
”
(c)
in sub-paragraph (4), for “The Competition Commission must” substitute “
, and
An authorised member of the Competition and Markets Authority must
”
(d)
in sub-paragraph (5), in paragraph (d), for “Commission” substitute “
.
authorised member
”
(6)
In paragraph 6, in sub-paragraph (3), for “Competition Commission” substitute “
.
Competition and Markets Authority
”
(7)
In paragraph 7, in sub-paragraph (3), for “Competition Commission” substitute “
.
Competition and Markets Authority
”
(8)
In paragraph 8, in sub-paragraph (3), for “Competition Commission” substitute “
.
Competition and Markets Authority
”
(9)
In paragraph 9, in sub-paragraph (1), for “Competition Commission” substitute “
.
Competition and Markets Authority
”
(10)
In paragraph 10, in sub-paragraph (3), for “Competition Commission’s decision” substitute “
.
decision of the Competition and Markets Authority
”
(11)
In paragraph 11—
(a)
in sub-paragraph (1)—
(i)
for “Competition Commission’s functions” substitute “
, and
functions of the Competition and Markets Authority
”
(ii)
for “the Commission” substitute “
,
the Competition and Markets Authority
”
(b)
in sub-paragraph (2), for “Competition Commission” substitute “
, and
Competition and Markets Authority
”
(c)
in sub-paragraph (4)—
(i)
for “The Competition Commission” substitute “
, and
An authorised member of the Competition and Markets Authority
”
(ii)
for first “it” substitute “
.
he or she
”
(12)
In paragraph 12, in sub-paragraph (1), for “Competition Commission” substitute “
.
Competition and Markets Authority
”
(13)
In paragraph 13, in sub-paragraph (3), for “Competition Commission’s decision” substitute “
.
decision of the Competition and Markets Authority
”
(14)
In paragraph 14—
(a)
in sub-paragraph (1)—
(i)
for “Competition Commission’s functions” substitute “
, and
functions of the Competition and Markets Authority
”
(ii)
for “the Commission” substitute “
,
the Competition and Markets Authority
”
(b)
in sub-paragraph (2), for “Competition Commission” substitute “
, and
Competition and Markets Authority
”
(c)
in sub-paragraph (4)—
(i)
for “The Competition Commission” substitute “
, and
An authorised member of the Competition and Markets Authority
”
(ii)
for first “it” substitute “
.
he or she
”
(15)
In paragraph 15—
(a)
in sub-paragraph (1), for “The Competition Commission must” substitute “
,
An authorised member of the Competition and Markets Authority must
”
(b)
in sub-paragraph (2), for “the Competition Commission must comply with sub-paragraph (1)” substitute “
,
the requirements of sub-paragraph (1) must be complied with
”
(c)
in sub-paragraph (3), for “The Competition Commission must” substitute “
, and
An authorised member of the Competition and Markets Authority must
”
(d)
in sub-paragraph (4), in paragraph (d), for “Commission” substitute “
.
authorised member
”
(16)
In paragraph 16—
(a)
in sub-paragraph (1), for “Competition Commission” substitute “
, and
Competition and Markets Authority
”
(b)
in sub-paragraph (4), in paragraph (a), for “the Competition Commission” substitute “
.
an authorised member of the Competition and Markets Authority
”
(17)
In paragraph 17—
(a)
omit sub-paragraph (1),
(b)
in sub-paragraph (2)—
(i)
for “The group” substitute “
, and
A group constituted by the chair of the Competition and Markets Authority, under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, for the purpose of carrying out functions of the Competition and Markets Authority with respect to an appeal under section 24 or 25
”
(ii)
for “Competition Commission” substitute “
, and
CMA panel
”
(c)
omit sub-paragraphs (3) and (4).
(18)
Omit paragraph 18.
(19)
In paragraph 19, in sub-paragraph (1), for “Competition Commission” substitute “
.
Competition and Markets Authority
”
(20)
In paragraph 20—
(a)
in sub-paragraph (1)—
(i)
for “A group with the function of determining an appeal” substitute “
,
The Competition and Markets Authority
”
(ii)
for “the appeal” substitute “
, and
an appeal
”
(iii)
for “Competition Commission” substitute “
,
Competition and Markets Authority
”
(b)
in sub-paragraph (3)—
(i)
for “A group with the function of determining an appeal” substitute “
, and
The Competition and Markets Authority
”
(ii)
for “the appeal” substitute “
, and
an appeal
”
(c)
in sub-paragraph (4)—
(i)
for “A group with the function of determining an appeal” substitute “
, and
The Competition and Markets Authority
”
(ii)
for “the appeal” substitute “
.
an appeal
”
(21)
In paragraph 21, in sub-paragraph (1), for “Competition Commission” substitute “
.
Competition and Markets Authority
”
(22)
In paragraph 22—
(a)
in sub-paragraphs (1) and (2), for “Competition Commission” (in each place where it occurs) substitute “
,
Competition and Markets Authority
”
(b)
in sub-paragraph (3), for “Competition Commission’s decision” substitute “
,
decision of the Competition and Markets Authority
”
(c)
in sub-paragraph (4)—
(i)
for “Competition Commission’s decision” substitute “
, and
decision of the Competition and Markets Authority
”
(ii)
for “the Commission” substitute “
,
the Competition and Markets Authority
”
(d)
in sub-paragraphs (5) and (6), for “Competition Commission” (in each place where it occurs) substitute “
,
Competition and Markets Authority
”
(e)
in sub-paragraph (7)—
(i)
for “Competition Commission’s decision” substitute “
, and
decision of the Competition and Markets Authority
”
(ii)
for “Commission” (in each place where it occurs) substitute “
, and
Competition and Markets Authority
”
(f)
in sub-paragraph (9)—
(i)
for “Competition Commission’s decision” substitute “
, and
decision of the Competition and Markets Authority
”
(ii)
for “Commission” (in each place where it occurs) substitute “
.
Competition and Markets Authority
”
(23)
In paragraph 23, in sub-paragraph (1), for “Competition Commission” substitute “
.
Competition and Markets Authority
”
(24)
In paragraph 24—
(a)
in sub-paragraph (1)—
(i)
for “Competition Commission” substitute “
, and
Competition and Markets Authority
”
(ii)
for “the Commission” substitute “
, and
the Competition and Markets Authority
”
(b)
in sub-paragraph (4), for the words from “on the” to the end substitute “
.
on behalf of the Competition and Markets Authority by an authorised member of the Competition and Markets Authority
”
(25)
In paragraph 25—
(a)
in sub-paragraph (1), for “Competition Commission” (in each place where it occurs) substitute “
,
Competition and Markets Authority
”
(b)
in sub-paragraph (3), for “The Competition Commission” substitute “
,
An authorised member of the Competition and Markets Authority
”
(c)
in sub-paragraph (7), in paragraph (a), for “the Competition Commission is not required” substitute “
,
there is no requirement
”
(d)
in sub-paragraph (9), for “the Competition Commission must pay the person” substitute “
, and
an authorised member of the Competition and Markets Authority must arrange for the person to be paid
”
(e)
in sub-paragraph (10), for the words from “on the” to the end substitute “
.
on behalf of the Competition and Markets Authority by an authorised member of the Competition and Markets Authority
”
(26)
In paragraph 26—
(a)
in sub-paragraph (1), for “Competition Commission” (in each place where it occurs) substitute “
, and
Competition and Markets Authority
”
(b)
in sub-paragraph (5), for the words from “on the” to the end substitute “
.
on behalf of the Competition and Markets Authority by an authorised member of the Competition and Markets Authority
”
(27)
In paragraph 27, for “Competition Commission” substitute “
.
Competition and Markets Authority
”
(28)
In paragraph 28, in sub-paragraph (2), for “A member of the Competition Commission” substitute “
.
An authorised member of the Competition and Markets Authority
”
(29)
In paragraph 30—
(a)
in sub-paragraphs (1) to (4), for “the Competition Commission” (in each place where it occurs) substitute “
,
the Competition and Markets Authority
”
(b)
“(4A)
For the purposes of sub-paragraphs (1) to (4), the consent of the Competition and Markets Authority is to be given by an authorised member of the Competition and Markets Authority.”, and
(c)
in sub-paragraph (6), for “Competition Commission” substitute “
.
Competition and Markets Authority
”
(30)
In paragraph 31, in sub-paragraphs (1), (5) and (6), for “Competition Commission” (in each place where it occurs) substitute “
.
CMA Board
”
(31)
In paragraph 32—
(a)
in sub-paragraph (1)—
(i)
for “Competition Commission” substitute “
, and
Competition and Markets Authority
”
(ii)
for “the Commission” substitute “
,
the Competition and Markets Authority
”
(b)
in sub-paragraph (2)—
(i)
for “Competition Commission” substitute “
, and
Competition and Markets Authority
”
(ii)
for “the Commission” substitute “
, and
the Competition and Markets Authority
”
(c)
in sub-paragraphs (3) and (4), for “Competition Commission” (in each place where it occurs) substitute “
.
group
”
(32)
In paragraph 34—
(a)
for “Competition Commission” substitute “
, and
Competition and Markets Authority or a member of the Competition and Markets Authority
”
(b)
“it must publish or send it” substitute “it must be published or sent”.
(33)
In paragraph 35, in sub-paragraph (1)—
(a)
““authorised member of the Competition and Markets Authority—
(a)
in relation to a power exercisable in connection with an appeal or application or direction in respect of which a group has been constituted by the chair of the Competition and Markets Authority under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, means a member of that group who has been authorised by the chair of the Competition and Markets Authority to exercise that power;
(b)
in relation to a power exercisable in connection with an application for permission to bring an appeal, or otherwise in connection with an appeal or application or direction in respect of which a group has not been so constituted by the chair of the Competition and Markets Authority, means—
(i)
any member of the CMA Board who is also a member of the CMA panel, or
(ii)
any member of the CMA panel authorised by the Secretary of State (whether generally or specifically) to exercise the power in question;”,
(b)
omit the definition of “Chairman”,
(c)
omit the definition of “a group”, and
(d)
““CMA Board” and “CMA panel” have the same meaning as in Schedule 4 to the Enterprise and Regulatory Reform Act 2013;”.
PART 2Amendments to other enactments
Electricity (Northern Ireland) Order 1992 (SI 1992/231 (N.I. 1))
149
The Electricity (Northern Ireland) Order 1992 is amended as follows.
150
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.
(2)
In paragraph (1)—
(a)
for “Competition Commission” substitute “
, and
CMA
”
(b)
for “the Commission” substitute “
.
the CMA
”
(3)
In paragraph (2)—
(a)
for “Competition Commission” substitute “
, and
CMA
”
(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 “
, and
CMA
”
(b)
for “the Commission” substitute “
.
the CMA
”
(6)
In paragraph (6)—
(a)
for “Competition Commission” substitute “
, and
CMA
”
(b)
for “the Commission”
(in each place where it occurs) substitute “
.
the CMA
”
(7)
In paragraph (7), for “Competition Commission” substitute “
.
CMA
”
(8)
“(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
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.
(2)
In paragraph (1), for “Competition Commission” substitute “
.
CMA
”
(3)
In paragraph (1A)—
(a)
for “Competition Commission” substitute “
, and
CMA
”
(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
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.
(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
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.
(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))
158
The Gas (Northern Ireland) Order 1996 is amended as follows.
159
““the CMA” means the Competition and Markets Authority;”.
160
(1)
Article 15 (modification references) is amended as follows.
(2)
In paragraph (1)—
(a)
for “Competition Commission” substitute “
, and
CMA
”
(b)
for “the Commission” substitute “
.
the CMA
”
(3)
In paragraph (2)—
(a)
for “Competition Commission” substitute “
, and
CMA
”
(b)
for “the Commission” substitute “
.
the CMA
”
(4)
In paragraph (3)—
(a)
for “Competition Commission” substitute “
, and
CMA
”
(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 “
, and
CMA
”
(b)
for “the Commission” substitute “
.
the CMA
”
(7)
In paragraph (7)—
(a)
for “Competition Commission” substitute “
, and
CMA
”
(b)
for “the Commission”
(in each place where it occurs) substitute “
.
the CMA
”
(8)
In paragraph (8), for “Competition Commission” substitute “
.
CMA
”
(9)
“(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
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.
(2)
In paragraph (1), for “Competition Commission” substitute “
.
CMA
”
(3)
In paragraph (1A)—
(a)
for “Competition Commission” substitute “
, and
CMA
”
(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
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.
(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
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.
(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))
167
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.
(2)
In paragraph (1)(b), for “Competition Commission” substitute “
.
Competition and Markets Authority
”
(3)
Omit paragraph (10).
169
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.
(2)
“(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 “
, and
CMA
”
(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 “
, and
CMA
”
(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 “
, and
CMA
”
(c)
“(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 “
, and
CMA
”
(b)
in sub-paragraph (3), for “Commission” substitute “
.
CMA
”
(7)
In paragraph 5, in sub-paragraph (4)—
(a)
for “Competition Commission” substitute “
, and
CMA
”
(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 “
, and
CMA
”
(ii)
for the words from “in connection with” to the end substitute “
, and
by the chair of the CMA for the purpose of carrying out the functions of the CMA with respect to the reference
”
(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)
171
The Water Services etc (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 is amended as follows.
172
““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)
“(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
“(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 “
, and
CMA
”
(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 “
, and
CMA
”
(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 “
, and
CMA
”
(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)
“(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))
181
The Water and Sewerage Services (Northern Ireland) Order 2006 is amended as follows.
182
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.
(2)
In paragraph (2)—
(a)
for “Competition Commission” substitute “
, and
CMA
”
(b)
for “the Commission” substitute “
.
the CMA
”
(3)
In paragraph (3)—
(a)
for “Competition Commission” substitute “
, and
CMA
”
(b)
for “that Commission” (in each place where it occurs) substitute “
.
the CMA
”
(4)
In paragraph (4)—
(a)
for “Competition Commission” substitute “
, and
CMA
”
(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 “
, and
CMA
”
(b)
for “the Commission” substitute “
.
the CMA
”
(7)
“(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.
(2)
In paragraph (1)—
(a)
for “Competition Commission” substitute “
, and
CMA
”
(b)
for “the Commission” substitute “
.
the CMA
”
(3)
In paragraph (2)—
(a)
for “Competition Commission” substitute “
, and
CMA
”
(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 “
, and
CMA
”
(b)
for “the Commission” (in each place where it occurs) substitute “
.
the CMA
”
(6)
In paragraph (6), for “Competition Commission” substitute “
.
CMA
”
(7)
“(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
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.
(2)
In paragraph (1), for “Competition Commission” substitute “
.
CMA
”
(3)
In paragraph (2)—
(a)
for “Competition Commission” substitute “
, and
CMA
”
(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
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.
(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.
(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
In article 28 (modification by order under other statutory provisions), in paragraph (1)—
(a)
for “OFT, the Competition Commission” substitute “
, and
CMA
”
(b)
for “OFT, the Commission” substitute “
.
CMA
”
191
In article 57 (restrictions on disclosure of information), in sub-paragraph (7), for “Competition Commission” substitute “
.
CMA
”
Legal Services (Scotland) Act 2010 (asp 16)
192
The Legal Services (Scotland) Act 2010 is amended as follows.
193
In section 8 (pre-approval consideration), in subsection (1)(b), for “OFT” substitute “
.
CMA
”
194
In section 15 (initial considerations), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “
.
CMA
”
195
In section 28 (communicating outside), in subsection (1)(e), for “OFT” substitute “
.
CMA
”
196
In section 49 (majority ownership), in subsection (5)(b)(iii), for “OFT” substitute “
.
CMA
”
197
(1)
Section 76 (input) is amended as follows.
(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
In section 92 (certification of bodies), in subsections (4) and (5), for “OFT” (in each place where it occurs) substitute “
.
CMA
”
199
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.
(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
In section 122 (particular rules), in subsection (2), for “OFT” substitute “
.
CMA
”
202
In section 125 (citizens advice bodies), in subsection (4)(b), for “OFT” substitute “
.
CMA
”
203
In section 147 (further modification), in subsection (3)(d), for “OFT” substitute “
.
CMA
”
204
(1)
In section 149 (definitions), in subsection (1)—
(a)
““CMA” means Competition and Markets Authority,”, and”
(b)
omit the definition of “OFT”.
205
In schedule 2 (directions), in paragraph 4, in sub-paragraph (3), for “OFT” (in each place where it occurs) substitute “
.
CMA
”
206
In schedule 5 (amendment of authorisation), in paragraph 4, in sub-paragraph (2)(b)(i), for “OFT” substitute “
.
CMA
”
207
In schedule 6 (rescission of authorisation), in paragraph 4, in sub-paragraph (2)(b)(i), for “OFT” substitute “
.
CMA
”
208
In schedule 7 (surrender of authorisation), in paragraph 3, in sub-paragraph (1)(a)(ii), for “OFT” substitute “
.
CMA
”
209
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”.