Enterprise and Regulatory Reform Act 2013

Market studies and market investigations: consultation and time-limits

Civil enforcement of investigation powers

Part 1 of the 1998 Act: procedural matters

Enforcement orders: provision of information

Orders under section 52: procedural requirements

Inspection plans

Civil liability for breach of health and safety duties

Bankruptcy applications: determination by adjudicators

Payments to directors: transitional provision

Supply of customer data: supplemental

Consequential amendments, repeals and revocations

PART 3A — The OIM panel

The OIM panel

58A

• (1) The OIM panel is a panel of persons available for selection as members of a group constituted in accordance with this Part of this Schedule.

• (2) The OIM panel is to consist of—

• (a) the OIM panel chair appointed under paragraph 1(1)(b)(iv), and

• (b) the other members of the panel appointed under paragraph 1(1)(b)(v).

Constitution of OIM task groups

58B

• (1) The OIM panel chair may at any time constitute a group in accordance with this Part of this Schedule for the purpose of carrying out on the CMA's behalf functions of the CMA under Part 4 of the United Kingdom Internal Market Act 2020.

• (2) A group constituted as mentioned in sub-paragraph (1) is to be known as an Office for the Internal Market task group (or “OIM task group”).

Membership of OIM task groups

58C

• (1) The members of an OIM task group are to be selected by the OIM panel chair.

• (2) Each OIM task group is to consist of at least three members of the OIM panel.

• (3) The OIM panel chair must appoint one of the members of an OIM task group to chair the group (“the task group chair”).

58D

The validity of anything done by an OIM task group is not affected by—

• (a) a vacancy;

• (b) a defective appointment.

Termination of person's membership of an OIM task group

58E

A member of the OIM panel may at any time resign from an OIM task group by giving written notice to this effect to the OIM panel chair.

58F

• (1) Sub-paragraph (2) applies if the OIM panel chair considers that—

• (a) a member of an OIM task group will be unable, for a substantial period, to perform their duties as a member of the group, or

• (b) because of a particular interest of a member of an OIM task group, it is inappropriate for that person to remain a member of the group.

• (2) The OIM panel chair may remove the person in question from membership of the task group.

58G

A person ceases to be a member of an OIM task group on ceasing to be a member of the OIM panel.

Replacement of a member of an OIM task group

58H

• (1) Sub-paragraph (2) applies if a person ceases to be a member of an OIM task group, whether by being removed under paragraph 58F, or otherwise.

• (2) The OIM panel chair may select a replacement member of the group from the OIM panel.

Continuity on removal or replacement

58I

• (1) A person's ceasing to be a member of an OIM task group, whether by being removed under paragraph 58F, or otherwise, does not prevent—

• (a) the group from continuing with anything begun before the person ceased to be a member of it;

• (b) any decision made or direction given by the person while a member of the group from having effect after they have ceased to be a member of the group.

• (2) Sub-paragraph (1) applies whether or not a replacement member of the group is selected under paragraph 58H.

Powers of chair pending group's constitution and first meeting

58J

• (1) While an OIM task group is being constituted, the OIM panel chair may take such steps as the OIM panel chair considers appropriate to facilitate the work of the group once it has been constituted.

• (2) The steps taken must be steps that it would be within the power of the group to take, had it already been constituted.

Independence of OIM task groups

58K

• (1) In exercising functions which they are authorised to exercise by virtue of any enactment, OIM task groups must act independently of the CMA Board.

• (2) Nothing in sub-paragraph (1) prevents—

• (a) the CMA Board giving information in its possession to an OIM task group, or

• (b) an OIM task group giving information in its possession to the CMA Board.

Casting votes

58L

If an OIM task group's vote on any decision is tied, the task group chair is to have a casting vote.

Procedure of OIM task groups

58M

• (1) An OIM task group may determine its own procedure (including determining its quorum).

• (2) In determining its procedure under sub-paragraph (1), an OIM task group must have regard to any guidance issued by the CMA Board.

Payments to directors: transitional provision

Supply of customer data: supplemental

Power to provide for equal pay audits

Schedule 4A

Part 1 — Introduction

1

The following functions are functions within this Schedule for the purposes of section 25(5).

Part 2 — Competition functions

Functions under the Enterprise Act 2002

2

Functions under Part 3 of the 2002 Act (mergers) other than functions under—

• (a) section 94B (statement of policy about functions under sections 94 and 94AA);

• (b) section 106 (advice and information about references under section 22 or 33);

• (c) section 116 (statement of policy about penalties).

3

Functions under Part 4 of the 2002 Act (market studies and market investigations) other than functions under—

• (a) section 166 (register of undertakings and orders);

• (b) section 167C (statement of policy about functions under sections 167 and 167A);

• (c) section 171 (advice and information about market investigation references);

• (d) section 174E (statement of policy about penalties).

4

Functions under Part 6 of the 2002 Act (the cartel offence) other than functions under section 190A (cartel offence: prosecution guidance).

Functions under Part 1 of the Competition Act 1998

5

Functions under Part 1 of the 1998 Act (competition) other than functions under—

• (a) section 31D (guidance about the acceptance of commitments under section 31A);

• (b) section 35C (statement of policy about penalties under sections 31E, 34 and 35A);

• (c) section 38 (the appropriate level of a penalty);

• (d) section 40B (statement of policy about penalties under section 40A);

• (e) section 51 (CMA rules);

• (f) section 52 (advice and information about the Chapter 1 and 2 prohibitions);

• (g) section 54 (functions of sectoral regulators).

Functions under Chapter 3 of Part 2 of the Water Industry Act 1991

6

Functions under sections 32 to 35 of the Water Industry Act 1991 (protection of consumers: competition provisions).

Part 3 — Consumer functions

7

Functions under Part 3 of the Digital Markets, Competition and Consumers Act 2024 (enforcement powers for infringements of consumer protection law) other than functions under—

• (a) section 199 (statement of policy about penalties);

• (b) sections 210 and 211 (rules about direct enforcement functions);

• (c) section 212 (guidance about direct enforcement functions).

8

Functions under Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024 (protection from unfair trading).

Functions under the Consumer Rights Act 2015

9

• (1) Functions under Schedule 3 to the Consumer Rights Act 2015 (enforcement of law on unfair contract terms and notices) other than functions under paragraph 7(2) to (5) of that Schedule (provision of information and advice).

• (2) Functions under Schedule 5 to the Consumer Rights Act 2015 (investigatory powers) other than functions under paragraph 16F of that Schedule (statement of policy about penalties).

10

Functions under the Business Protection from Misleading Marketing Regulations 2008 (S.I. 1276/2008) other than functions under regulation 20(2) of those Regulations (provision of information and advice).

Part 4 — Digital market functions

11

Functions under Part 1 of the Digital Markets, Competition and Consumers Act 2024 (digital markets) other than functions under—

• (a) section 60 (content of report under section 57 etc);

• (b) section 67 (regulations about duty to notify);

• (c) section 91 (statement of policy on penalties);

• (d) section 114 (guidance about functions under Part 1).