Legalize / United Kingdom / Public General Act

Enterprise and Regulatory Reform Act 2013

Type Public General Act

Publication 2013-04-25

Last updated 2025-07-24

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(b) a person seeking to find a dwelling-house in England to rent under a domestic tenancy and, having found such a dwelling-house, to obtain such a tenancy of it (“a prospective tenant”).

(8) However, “lettings agency work” does not include any of the following things when done by a person who does no other things falling within subsection (7)—

(a) publishing advertisements or disseminating information;

(b) providing a means by which—

(i) a prospective landlord or a prospective tenant can, in response to an advertisement or dissemination of information, make direct contact with a prospective tenant or (as the case may be) prospective landlord;

(ii) a prospective landlord and a prospective tenant can continue to communicate directly with each other.

(9) “Lettings agency work” also does not include —

(a) things done by a local authority;

(b) things of a description, or things done by a person of a description, specified for the purposes of this section in an order made by the Secretary of State.

(10) In subsection (7), “domestic tenancy” means—

(a) a tenancy which is an assured tenancy for the purposes of the Housing Act 1988 except where—

(i) the landlord is a private registered provider of social housing (as to which see section 80 of the Housing and Regeneration Act 2008), or

(ii) the tenancy is a long lease within the meaning given by section 84(10);

(b) a tenancy under which a dwelling-house is let as a separate dwelling and which is of a description specified for the purposes of this section in an order made by the Secretary of State.

(11) An order under subsection (10)(b) may not provide for any of the following to be a domestic tenancy—

(a) a tenancy where the landlord is a registered provider of social housing (as to which see section 80 of the Housing and Regeneration Act 2008);

(b) a long lease within the meaning given by section 84(10).

Redress schemes: property management work

84

(1) The Secretary of State may by order require persons who engage in property management work to be members of a redress scheme for dealing with complaints in connection with that work which is either—

(a) a redress scheme approved by the Secretary of State, or

(b) a government administered redress scheme.

(2) “Redress scheme” and “government administered redress scheme” have the same meanings as in section 83.

(3) The order may provide for the duty mentioned in subsection (1) to apply—

(a) only to specified descriptions of persons who engage in property management work;

(b) only in relation to specified descriptions of such work.

(4) The order may also provide for the duty not to apply in relation to complaints of any specified description (which may be framed by reference to a description of person making a complaint).

(5) Before making the order, the Secretary of State must be satisfied that all persons who are to be subject to the duty will be eligible to join a redress scheme before the duty applies to them.

(6) In this section, “property management work” means things done by any person (“A”) in the course of a business in response to instructions received from another person (“C”) where—

(a) C wishes A to arrange services, repairs, maintenance, improvements or insurance or to deal with any other aspect of the management of premises in England on C's behalf, and

(b) the premises consist of or include a dwelling-house let under a relevant tenancy.

(7) However, “property management work” does not include—

(a) things done by a person who is a social landlord for the purposes of Schedule 2 to the Housing Act 1996;

(b) things of a description, or things done by a person of a description, specified for the purposes of this section in an order made by the Secretary of State.

(8) In subsection (6), “relevant tenancy” means—

(a) a tenancy which is an assured tenancy for the purposes of the Housing Act 1988;

(b) a tenancy which is a regulated tenancy for the purposes of the Rent Act 1977;

(d) a tenancy of a description specified for the purposes of this section in an order made by the Secretary of State.

(9) An order under subsection (8)(d) may not provide for a tenancy to which Part 2 of the Landlord and Tenant Act 1954 applies to be a relevant tenancy.

(10) In subsection (8)(c), “long lease” means a lease which is a long lease for the purposes of Chapter 1 of Part 1 of the Leasehold Reform, Housing and Urban Development Act 1993 or which, in the case of a shared ownership lease (within the meaning given by section 7(7) of that Act), would be such a lease if the tenant's total share (within the meaning given by that section) were 100 per cent.

Orders under section 83 or 84: enforcement

85

(1) An order under section 83(1) or 84(1) may make provision —

(a) for sanctions to be imposed in respect of a breach of a requirement imposed by the order;

(b) for the investigation of suspected breaches of such a requirement.

(2) The sanctions for which provision may be made in the order are—

(a) the imposition of civil penalties;

(b) the making of orders prohibiting a person from engaging in lettings agency work or (as the case may be) property management work or from engaging in a particular description of such work;

(3) Provision made for the imposition of a sanction by virtue of subsection (1)(a) must include—

(a) provision for appeals to a court or tribunal against the imposition of the sanction, and

(b) such other provision as the Secretary of State considers appropriate for safeguarding the interests of persons on whom the sanction may be imposed.

(4) Provision made by virtue of this section may confer functions on a person that exercises functions of a public nature.

(4A) A person on whom functions are conferred under subsection (4) must have regard to any guidance issued by the Secretary of State or the lead enforcement authority (if not the Secretary of State) relating to the enforcement of an order under section 83(1) or 84(1).

(5) The Secretary of State may make payments out of money provided by Parliament to a person on whom functions are conferred by virtue of this section.

(6) For provisions about enforcement of an order under section 83(1) or 84(1) by the lead enforcement authority, see sections 24 to 26 of the Tenant Fees Act 2019.

(7) In this section “lead enforcement authority” has the meaning given by section 24(1) of the Tenant Fees Act 2019.

Sections 83 to 85: minor definitions

86

(1) This section applies for the purposes of sections 83 to 85.

(2) References to persons who engage in lettings agency work or property management work do not include references to persons who engage in that work in the course of their employment under a contract of employment.

(3) A “dwelling-house” may be a house or part of a house.

(4) “Local authority” means—

(a) a county or district council;

(b) a London borough council;

(d) the Council of the Isles of Scilly.

Approval of redress schemes for the purposes of section 83 or 84

87

(1) The Secretary of State may by order make provision about the approval of redress schemes for the purposes of section 83 or 84, including provision as to—

(a) the making of applications for approval;

(b) conditions which must be satisfied before approval may be given;

(d) the withdrawal of approval.

(2) The order may make provision about the conditions which must be satisfied before a scheme administered by or on behalf of the Secretary of State may be designated for the purposes of section 83 or 84.

Redress schemes: supplemental

88

(1) The power to make an order under section 83, 84 or 87 includes power to make incidental, supplementary, consequential, transitional or saving provision, including doing so by amending any provision made by or under an Act.

(2) An order under any of those sections must be made by statutory instrument.

(3) A statutory instrument containing (whether alone or with other provision)—

(a) an order under section 83 or 84 which includes—

(i) provision by virtue of section 85, or

(ii) provision by virtue of subsection (1) of this section that amends an Act, or

(b) an order under section 87,

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(4) A statutory instrument containing an order under section 83 or 84, other than one to which subsection (3) applies, is subject to annulment in pursuance of a resolution of either House of Parliament.

(5) Nothing in sections 83 to 87 prevents a redress scheme from providing—

(a) for membership to be open to persons who are not subject to the duty to be a member of a scheme;

(b) for the investigation and determination of any complaints in relation to which the duty does not apply, where the members concerned have voluntarily accepted the jurisdiction of the scheme over those complaints;

(c) for the exclusion from investigation and determination under the scheme of any complaint in such cases or circumstances as may be specified in or determined under the scheme.

Supply of customer data

89

(1) The Secretary of State may by regulations require a regulated person to provide customer data—

(a) to a customer, at the customer's request;

(b) to a person who is authorised by a customer to receive the data, at the customer's request or, if the regulations so provide, at the authorised person's request.

(2) “Regulated person” means—

(a) a person who, in the course of a business, supplies gas or electricity to any premises;

(b) a person who, in the course of a business, provides a mobile phone service;

(c) a person who, in the course of a business, provides financial services consisting of the provision of current account or credit card facilities;

(d) any other person who, in the course of a business, supplies or provides goods or services of a description specified in the regulations.

(3) “Customer data” means information which—

(a) is held in electronic form by or on behalf of the regulated person, and

(b) relates to transactions between the regulated person and the customer.

(4) Regulations under subsection (1) may make provision as to the form in which customer data is to be provided and when it is to be provided (and any such provision may differ depending on the form in which a request for the data is made).

(5) Regulations under subsection (1)—

(a) may authorise the making of charges by a regulated person for complying with requests for customer data, and

(b) if they do so, must provide that the amount of any such charge—

(i) is to be determined by the regulated person, but

(ii) may not exceed the cost to that person of complying with the request.

(6) Regulations under subsection (1)(b) may provide that the requirement applies only if the authorised person satisfies any conditions specified in the regulations.

(7) In deciding whether to specify a description of goods or services for the purposes of subsection (2)(d), the Secretary of State must (among other things) have regard to the following—

(a) the typical duration of the period during which transactions between suppliers or providers of the goods or services and their customers take place;

(b) the typical volume and frequency of the transactions;

(d) the effect that specifying the goods or services might have on the ability of customers to make an informed choice about which supplier or provider of the goods or services, or which particular goods or services, to use;

(e) the effect that specifying the goods or services might have on competition between suppliers or providers of the goods or services.

(8) The power to make regulations under this section may be exercised—

(a) so as to make provision generally, only in relation to particular descriptions of regulated persons, customers or customer data or only in relation to England, Wales, Scotland or Northern Ireland;

(b) so as to make different provision for different descriptions of regulated persons, customers or customer data;

(d) so as to provide for exceptions or exemptions from any requirement imposed by the regulations, including doing so by reference to the costs to the regulated person of complying with the requirement (whether generally or in particular cases).

(9) For the purposes of this section, a person (“C”) is a customer of another person (“R”) if—

(a) C has at any time, including a time before the commencement of this section, purchased (whether for the use of C or another person) goods or services supplied or provided by R or received such goods or services free of charge, and

(b) the purchase or receipt occurred—

(i) otherwise than in the course of a business, or

(ii) in the course of a business of a description specified in the regulations.

(10) In this section, “mobile phone service” means an electronic communications service which is provided wholly or mainly so as to be available to members of the public for the purpose of communicating with others, or accessing data, by mobile phone.

Supply of customer data: enforcement

90

(1) Regulations may make provision for the enforcement of regulations under section 89 (“customer data regulations”) by the Information Commissioner or any other person specified in the regulations (and, in this section, “enforcer” means a person on whom functions of enforcement are conferred by the regulations).

(2) The provision that may be made under subsection (1) includes provision—

(a) for applications for orders requiring compliance with the customer data regulations to be made by an enforcer to a court or tribunal;

(b) for notices requiring compliance with the customer data regulations to be issued by an enforcer and for the enforcement of such notices (including provision for their enforcement as if they were orders of a court or tribunal).

(3) The provision that may be made under subsection (1) also includes provision—

(a) as to the powers of an enforcer for the purposes of investigating whether there has been, or is likely to be, a breach of the customer data regulations or of orders or notices of a kind mentioned in subsection (2)(a) or (b) (which may include powers to require the provision of information and powers of entry, search, inspection and seizure);

(b) for the enforcement of requirements imposed by an enforcer in the exercise of such powers (which may include provision comparable to any provision that is, or could be, included in the regulations for the purposes of enforcing the customer data regulations).

(4) Regulations under subsection (1) may—

(a) require an enforcer (if not the Information Commissioner) to inform the Information Commissioner if the enforcer intends to exercise functions under the regulations in a particular case;

(b) provide for functions under the regulations to be exercisable by more than one enforcer (whether concurrently or jointly);

(i) designate one of the enforcers as the lead enforcer;

(ii) require the other enforcers to consult the lead enforcer before exercising the functions in a particular case;

(iii) authorise the lead enforcer to give directions as to which of the enforcers is to exercise the functions in a particular case.

(5) Regulations may make provision for applications for orders requiring compliance with the customer data regulations to be made to a court or tribunal by a customer who has made a request under those regulations or in respect of whom such a request has been made.

(6) Subsection (8)(a) to (c) of section 89 applies for the purposes of this section as it applies for the purposes of that section.

(7) The Secretary of State may make payments out of money provided by Parliament to an enforcer.

(8) In this section, “customer” and “regulated person” have the same meaning as in section 89.

Supply of customer data: supplemental

91

(1) The power to make regulations under section 89 or 90 includes—

(a) power to make incidental, supplementary, consequential, transitional or saving provision;

(b) power to provide for a person to exercise a discretion in a matter.

(2) Regulations under either of those sections must be made by statutory instrument.

(3) A statutory instrument containing (whether alone or with other provision)—

(a) regulations under section 89 which make provision by virtue of section 89(2)(d), or

(b) regulations under section 90,

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(4) A statutory instrument which—

(a) contains regulations under section 89, and

(b) is not an instrument to which subsection (3) applies,

is subject to annulment in pursuance of a resolution of either House of Parliament.

Insolvency: protection of essential supplies

Power to add to supplies protected under Insolvency Act 1986

92

(1) The Secretary of State may by order amend section 233 of the Insolvency Act 1986 so as to add to the supplies mentioned in subsection (3) of that section any of the following—

(a) a supply of gas, electricity, water or communication services by a specified description of person;

(b) a supply of a specified description of goods or services by a specified description of person where the supply is for the purpose of enabling or facilitating anything to be done by electronic means.

(2) The Secretary of State may by order amend section 372 of that Act of 1986 so as to add to the supplies mentioned in subsection (4) of that section any of the following—

(a) a supply of gas, electricity, water or communication services by a specified description of person;

(b) a supply of a specified description of goods or services by a specified description of person where the supply is for the purpose of enabling or facilitating anything to be done by electronic means.

(3) The power to make an order under this section includes power to make incidental, supplementary, consequential, transitional or saving provision, including doing so by amending any enactment.

(4) An order under this section must be made by statutory instrument.

(5) A statutory instrument containing an order under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(6) In this section—

“enactment” includes—an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978),an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament, andan enactment contained in, or in an instrument made under, a Measure or Act of the National Assembly for Wales; and

“specified” means specified in the order.

Corporate insolvency: power to give further protection to essential supplies

93

(1) The Secretary of State may by order make provision for insolvency-related terms of a contract for the supply of essential goods or services to a company to cease to have effect where—

(a) the company enters administration or a voluntary arrangement under Part 1 of the Insolvency Act 1986 takes effect in relation to it, and

(b) any conditions specified in the order are met.

(2) The order must include provision for securing that, where an insolvency-related term of a contract ceases to have effect under the order, the contract may be terminated by the supplier if—

(a) an insolvency office-holder consents to the termination,

(b) a court grants permission for the termination, or

(c) any charges in respect of the supply that are incurred after the company enters administration or the voluntary arrangement takes effect are not paid within the period of 28 days beginning with the day on which payment is due.

(3) The order must include provision for securing that, where an insolvency-related term of a contract ceases to have effect under the order, the supplier may terminate the supply unless an insolvency office-holder personally guarantees the payment of any charges in respect of the continuation of the supply.

(4) The order may provide for exceptions to the right of a supplier to terminate a supply under provision made by virtue of subsection (3).

(5) The order must (in addition to the provision mentioned in subsections (2) and (3)) include such other provision as the Secretary of State considers appropriate for securing that the interests of suppliers are protected.

(6) A contract for the supply of essential goods or services is a contract for a supply mentioned in section 233(3) of the Insolvency Act 1986.

(7) An insolvency-related term of a contract for the supply of essential goods or services to a company is a provision of the contract under which—

(a) the contract or the supply would terminate, or any other thing would take place, because the company enters administration or the voluntary arrangement takes effect,

(b) the supplier would be entitled to terminate the contract or the supply, or to do any other thing, because the company enters administration or the voluntary arrangement takes effect, or

(c) the supplier would be entitled to terminate the contract or the supply because of an event that occurred before the company enters administration or the voluntary arrangement takes effect.

(8) In this section, “insolvency office-holder” means—

(a) in a case where a company enters administration, the administrator;

(b) in the case where a voluntary arrangement under Part 1 of the Insolvency Act 1986 takes effect in relation to a company, the supervisor of the voluntary arrangement.

Individual insolvency: power to give further protection to essential supplies

94

(1) The Secretary of State may by order make provision for insolvency-related terms of a contract for the supply of essential goods or services to an individual to cease to have effect where—

(a) a voluntary arrangement proposed by the individual is approved under Part 8 of the Insolvency Act 1986, and

(b) any conditions specified in the order are met.

(2) The order must include a condition that ensures that an insolvency-related term of a contract for the supply of essential goods or services to an individual does not cease to have effect unless the supply is for the purpose of a business that is or has been carried on by the individual or with which the individual has or had another connection of a kind specified in the order.

(3) The order must include provision for securing that, where an insolvency-related term of a contract ceases to have effect under the order, the contract may be terminated by the supplier if—

(a) the supervisor of the voluntary arrangement consents to the termination,

(b) a court grants permission for the termination, or

(c) any charges in respect of the supply that are incurred after the voluntary arrangement proposed by the individual is approved are not paid within the period of 28 days beginning with the day on which payment is due.

(4) The order must include provision for securing that, where an insolvency-related term of a contract ceases to have effect under the order, the supplier may terminate the supply unless the supervisor of the voluntary arrangement personally guarantees the payment of any charges in respect of the continuation of the supply.

(5) The order may provide for exceptions to the right of a supplier to terminate a supply under provision made by virtue of subsection (4).

(6) The order must (in addition to the provision mentioned in subsections (3) and (4)) include such other provision as the Secretary of State considers appropriate for securing that the interests of suppliers are protected.

(7) A contract for the supply of essential goods or services is a contract for a supply mentioned in section 372(4) of the Insolvency Act 1986.

(8) An insolvency-related term of a contract for the supply of essential goods or services to an individual is a provision of the contract under which—

(a) the contract or the supply would terminate, or any other thing would take place, because the voluntary arrangement proposed by the individual is approved,

(b) the supplier would be entitled to terminate the contract or the supply, or to do any other thing, because the voluntary arrangement proposed by the individual is approved, or

(c) the supplier would be entitled to terminate the contract or the supply because of an event that occurred before the voluntary arrangement proposed by the individual is approved.

Sections 93 and 94: supplemental

95

(1) The power to make an order under section 93 or 94 includes—

(a) power to make different provision for different cases;

(b) power to provide for a person to exercise a discretion in a matter;

(d) power to make any provision that may be made by the order by amending the Insolvency Act 1986 or any other enactment.

(2) An order under either of those sections may not be made so as to have effect in relation to contracts entered into before the order come into force.

(3) An order under either of those sections must be made by statutory instrument.

(4) A statutory instrument containing an order under either of those sections may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(5) In this section, “enactment” has the same meaning as in section 92.

Royal Charters

Royal Charters: requirements for Parliamentary approval

96

Where a body is established by Royal Charter after 1 March 2013 with functions relating to the carrying on of an industry, no recommendation may be made to Her Majesty in Council to amend the body's Charter or dissolve the body unless any requirements included in the Charter on the date it is granted for Parliament to approve the amendment or dissolution have been met.

Caste as an aspect of race

Equality Act 2010: caste as an aspect of race

97

(1) Section 9(5) of the Equality Act 2010 is amended in accordance with subsections (2) to (4).

(2) Omit “may by order”.

(3) In paragraph (a) (power to provide for caste to be an aspect of race) at the beginning insert “ must by order ”.

(4) In paragraph (b) (power to provide for exceptions to apply or not to apply to caste) at the beginning insert “ may by order ”.

(5) A Minister of the Crown—

(a) may carry out a review of the effect of section 9(5) of the Equality Act 2010 (and orders made under it) and whether it remains appropriate, and

(b) must publish a report on the outcome of any such review.

(6) The power under subsection (5)(a) may not be exercised before the end of the period of 5 years beginning with the day on which this Act is passed (but may be exercised on more than one occasion after that).

(7) If a Minister of the Crown considers it appropriate in the light of the outcome of a review under subsection (5), the Minister may by order repeal or otherwise amend section 9(5) of the Equality Act 2010.

(8) The power to make an order under subsection (7) includes power to make incidental, supplementary, consequential, transitional or saving provision, including doing so by amending an Act or subordinate legislation (within the meaning of the Interpretation Act 1978).

(9) An order under subsection (7) must be made by statutory instrument.

(10) A statutory instrument containing an order under subsection (7) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

Equal pay audits

Power to provide for equal pay audits

98

(1) The Equality Act 2010 is amended as follows.

(2) After section 139 insert—

(139A) (1) Regulations may make provision requiring an employment tribunal to order the respondent to carry out an equal pay audit in any case where the tribunal finds that there has been an equal pay breach. (2) An equal pay breach is— (a) a breach of an equality clause, or (b) a contravention in relation to pay of section 39(2), 49(6) or 50(6), so far as relating to sex discrimination. (3) An equal pay audit is an audit designed to identify action to be taken to avoid equal pay breaches occurring or continuing. (4) The regulations may make further provision about equal pay audits, including provision about— (a) the content of an audit; (b) the powers and duties of a tribunal for deciding whether its order has been complied with; (c) any circumstances in which an audit may be required to be published or may be disclosed to any person. (5) The regulations must provide for an equal pay audit not to be ordered where the tribunal considers that— (a) an audit completed by the respondent in the previous 3 years meets requirements prescribed for this purpose, (b) it is clear without an audit whether any action is required to avoid equal pay breaches occurring or continuing, (c) the breach the tribunal has found gives no reason to think that there may be other breaches, or (d) the disadvantages of an equal pay audit would outweigh its benefits. (6) The regulations may provide for an employment tribunal to have power, where a person fails to comply with an order to carry out an equal pay audit, to order that person to pay a penalty to the Secretary of State of not more than an amount specified in the regulations. (7) The regulations may provide for that power— (a) to be exercisable in prescribed circumstances; (b) to be exercisable more than once, if the failure to comply continues. (8) The first regulations made by virtue of subsection (6) must not specify an amount of more than £5,000. (9) Sums received by the Secretary of State under the regulations must be paid into the Consolidated Fund. (10) The first regulations under this section must specify an exemption period during which the requirement to order an equal pay audit does not apply in the case of a business that— (a) had fewer than 10 employees immediately before a specified time, or (b) was begun as a new business in a specified period. (11) For the purposes of subsection (10)— (a) “specified” means specified in the regulations, and (b) the number of employees a business had or the time when a business was begun as a new business is to be determined in accordance with the regulations. (12) Before making regulations under this section, a Minister of the Crown must consult any other Minister of the Crown with responsibility for employment tribunals.

(3) In section 207(6) (exercise of power to make subordinate legislation: power to amend enactments) after “37,” and after “in the case of section” insert “ 139A, ”.

(4) In section 208(5) (subordinate legislation by Ministers of the Crown etc: affirmative procedure) after paragraph (e) insert—

(ea) regulations under section 139A (equal pay audits);

General

Consequential amendments, repeals and revocations

99

(1) The Secretary of State may by order made by statutory instrument make such provision as the Secretary of State considers appropriate in consequence of this Act.

(2) The power conferred by subsection (1) includes power—

(a) to make transitional, transitory or saving provision;

(b) to amend, repeal, revoke or otherwise modify any provision made by or under an enactment (including any enactment passed or made in the same Session as this Act).

(3) An order under subsection (1) which makes provision for the transfer of a function from the Competition Commission or the Office of Fair Trading to the Competition and Markets Authority in consequence of Part 3 of this Act may make such modifications to the function as the Secretary of State considers appropriate in consequence of the transfer.

(4) The modifications mentioned in subsection (3) may, in particular, alter the circumstances in which, or the conditions under which, the function is exercisable.

(5) A statutory instrument containing (whether alone or with other provision) an order under this section which amends, repeals or revokes any provision of primary legislation is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(6) A statutory instrument containing an order under this section which does not amend, repeal or revoke any provision of primary legislation is subject to annulment in pursuance of a resolution of either House of Parliament.

(7) In this section—

“enactment” includes an Act of the Scottish Parliament, a Measure or Act of the National Assembly for Wales and Northern Ireland legislation;

“primary legislation” means—an Act of Parliament,an Act of the Scottish Parliament,a Measure or Act of the National Assembly for Wales, andNorthern Ireland legislation.

Transitional, transitory or saving provision

100

The Secretary of State may by order made by statutory instrument make such transitional, transitory or saving provision as the Secretary of State considers appropriate in connection with the coming into force of any provision of this Act.

Financial provision

101

There is to be paid out of money provided by Parliament—

(a) any expenditure incurred under or by virtue of this Act by the Secretary of State or the Competition and Markets Authority, and

(b) any increase attributable to this Act in the sums payable under any other Act out of money so provided.

Extent

102

(1) Part 1 extends to England and Wales, Scotland and Northern Ireland.

(2) Part 2 extends only to England and Wales and Scotland, except that the following provisions of that Part extend also to Northern Ireland—

(a) section 23(3);

(b) paragraph 11 of Schedule 1;

(3) Part 3 extends to England and Wales, Scotland and Northern Ireland, except as follows—

(a) paragraphs 15 to 44, 69 to 84 and 101 to 107 of Schedule 6 extend only to England and Wales and Scotland;

(b) paragraphs 52 to 68, 96, 108 to 123 and 127 to 139 of that Schedule extend only to England and Wales;

(d) paragraphs 149 to 170 and 181 to 191 of that Schedule extend only to Northern Ireland.

(4) Part 4 extends to England and Wales, Scotland and Northern Ireland, except as follows—

(a) paragraphs 1 to 7 and 11 to 14 of Schedule 14 and paragraphs 2, 3, 7, 13 and 41 of Schedule 15, extend only to England and Wales and Scotland;

(b) paragraphs 8 to 10 and 20 to 22 of Schedule 14, and paragraphs 4 to 6 and 47 to 49 of Schedule 15, extend only to England and Wales;

(5) Part 5 extends as follows—

(a) sections 59, 62, 67, 68 and 70 and Part 1 of Schedule 21 extend to England and Wales, Scotland and Northern Ireland,

(b) section 69 extends only to England and Wales and Scotland except that it also extends to Northern Ireland so far as Parts 1 and 4 of the Health and Safety at Work etc. Act 1974 extend there,

(c) sections 64, 65 and 66 and paragraphs 1, 56 to 58, 60 and 66 of Schedule 19 (and section 71(3) so far as it relates to those paragraphs) extend only to England and Wales and Scotland,

(d) sections 60, 61, 63, 71(1) and (2) and 72(1) to (3), Schedules 16, 17 and 18, paragraphs 2 to 55, 59, 61 to 65 of Schedule 19 (and section 71(3) so far as it relates to those paragraphs) and Parts 2 and 3 of Schedule 21 extend only to England and Wales, and

(e) an amendment, repeal or revocation made by Schedule 20 has the same extent as the provision amended, repealed or revoked, subject to subsection (6).

(6) The repeals of the following provisions in Schedule 20 extend to England and Wales only—

(a) section 67 of the Agriculture Act 1967,

(b) paragraph 32 of Schedule 2 to the Social Security (Consequential Provisions) Act 1975,

(d) paragraph 12 of Schedule 17 to the Employment Protection Act 1975, and

(e) paragraph 4 of Schedule 2 to the Social Security (Consequential Provisions) Act 1992.

(7) If a provision repealed by Part 1 of Schedule 21 extends to the Isle of Man or any of the Channel Islands, Her Majesty may by Order in Council extend the repeal there.

(8) This Part extends to England and Wales, Scotland and Northern Ireland except that—

(a) sections 92, 93, 95, 97 and 98 extend only to England and Wales and Scotland;

(b) sections 83 to 88, 94 and 96 extend only to England and Wales.

Commencement

103

(1) The following provisions come into force on the day on which this Act is passed—

(a) section 10;

(b) section 24;

(d) sections 52 and 53;

(e) section 59;

(f) sections 75 to 78 and Schedule 22;

(g) sections 92 to 96;

(h) sections 98 to 104;

(i) any other provision so far as is necessary for enabling the exercise on or after the day on which this Act is passed of any power (arising under or by virtue of that provision) to make provision by regulations, rules or order made by statutory instrument.

(2) The following provisions (so far as not already in force by virtue of subsection (1)(i)) come into force at the end of the period of 2 months beginning with the day on which this Act is passed—

(a) Part 1;

(b) sections 12, 13, 15, 17, 18, 20, 21 and 22;

(d) section 64;

(e) section 97;

(f) paragraphs 7 and 8 of Schedule 17 (and section 63 so far as it relates to them);

(g) Parts 1 and 2 of Schedule 21 (and section 73 so far as it relates to them).

(3) Except as provided by subsections (1) and (2), the provisions of this Act come into force on such day as the Secretary of State may by order made by statutory instrument appoint.

(4) An order under subsection (3) may appoint different days for different purposes.

Short title

104

This Act may be cited as the Enterprise and Regulatory Reform Act 2013.

SCHEDULE 1

Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)

1

In section 288 of the Trade Union and Labour Relations (Consolidation) Act 1992 (restriction on contracting out), in subsection (2), for “section 18” substitute “ any of sections 18A to 18C ”.

Employment Tribunals Act 1996 (c. 17)

2

The Employment Tribunals Act 1996 is amended as follows.

3

In section 7 (employment tribunal procedure regulations), in subsection (3ZA)(b), after “form” insert “ (including certificates issued under section 18A(4)) ”.

4

In section 7B (mediation), in subsection (5), for “the Advisory, Conciliation and Arbitration Service” substitute “ ACAS ”.

5

(1) Section 18 (conciliation) is amended as follows.

(2) At the end of the heading insert “ : relevant proceedings etc. ”

(3) In subsection (1), for the words before paragraph (a) substitute “ In this section and sections 18A to 18C “relevant proceedings” means employment tribunal proceedings— ”.

(4) In subsection (1)(b)—

(a) after “68” insert “ , 70B ”;

(b) after “Act 1992” insert “ or paragraph 156 of Schedule A1 to that Act ”.

(5) In subsection (1)(dd), for “20(1)(a)” substitute “ 19D(1)(a) ”.

(6) Omit subsection (1)(f) and (n).

(7) After subsection (1) insert—

(1A) Sections 18A and 18B apply in the case of matters which could be the subject of relevant proceedings, and section 18C applies in the case of relevant proceedings themselves.

(8) Omit subsections (2) to (5).

(9) In subsections (6) and (7), for “this section” substitute “ any of sections 18A to 18C ”.

6

After section 18B (inserted by section 7(1)) insert—

(18C) (1) Where an application instituting relevant proceedings has been presented to an employment tribunal, and a copy of it has been sent to a conciliation officer, the conciliation officer shall endeavour to promote a settlement— (a) if requested to do so by the person by whom and the person against whom the proceedings are brought, or (b) if, in the absence of any such request, the conciliation officer considers that the officer could act under this section with a reasonable prospect of success. (2) Where a person who has presented a complaint to an employment tribunal under section 111 of the Employment Rights Act 1996 has ceased to be employed by the employer against whom the complaint was made, the conciliation officer may in particular— (a) seek to promote the reinstatement or re-engagement of the complainant by the employer, or by a successor of the employer or by an associated employer, on terms appearing to the conciliation officer to be equitable, or (b) where the complainant does not wish to be reinstated or re-engaged, or where reinstatement or re-engagement is not practicable, and the parties desire the conciliation officer to act, seek to promote agreement between them as to a sum by way of compensation to be paid by the employer to the complainant. (3) In subsection (1) “settlement” means a settlement that brings proceedings to an end without their being determined by an employment tribunal.

7

In section 19A (conciliation: recovery of sums payable under compromises), in subsection (1)(a)(i), for “section 18” substitute “ any of sections 18A to 18C ”.

8

In section 40 (power to amend Act), in subsection (2), omit the words from “and to section 18” to the end.

9

In section 42 (interpretation), in subsection (1)—

(a) before the definition of “the Appeal Tribunal” insert—

“ACAS” means the Advisory, Conciliation and Arbitration Service,

;

(b) in the definition of “conciliation officer” for “the Advisory, Conciliation and Arbitration Service” substitute “ ACAS ”.

Employment Rights Act 1996 (c. 18)

10

In section 203 of the Employment Rights Act 1996 (restrictions on contracting out), in subsection (2)(e), for “section 18” substitute “ any of sections 18A to 18C ”.

National Minimum Wage Act 1998 (c. 39)

11

In section 49 of the National Minimum Wage Act 1998 (restrictions on contracting out), in subsection (2)(a), for “section 18” substitute “ any of sections 18A to 18C ”.

Employment Act 2008 (c. 24)

12

Section 5 of the Employment Act 2008 (which amends provisions repealed by paragraph 5(8)) is omitted.

Pensions Act 2008 (c. 30)

13

In section 58 of the Pensions Act 2008 (restrictions on agreements to limit operation of Part 1), in subsection (3), for “section 18” substitute “ any of sections 18A to 18C ”.

SCHEDULE 2

Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)

1

The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows.

2

In section 66 (complaint of infringement of right under section 64), after subsection (2) insert—

(2A) Section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (2)(a).

3

In section 68A (complaint of infringement of right under section 68), after subsection (1) insert—

(1A) Section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (1)(a).

4

In section 70C (section 70B: complaint to employment tribunal), after subsection (2) insert—

(2A) Section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (2)(a).

5

In section 87 (complaint in respect of employer's failure under section 86), after subsection (2) insert—

(2A) Section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (2)(a).

6

In section 139 (time limit for proceedings under sections 137 and 138), after subsection (3) insert—

(4) Section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (1)(a).

7

(1) Section 145C (time limit for proceedings under sections 145A and 145B) is amended as follows.

(2) The existing text becomes subsection (1).

(3) After that subsection insert—

(2) Section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (1)(a).

8

In section 147 (time limit for proceedings under section 146), after subsection (3) insert—

(4) Section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (1)(a).

9

(1) Section 171 (time limit for proceedings under sections 168, 168A, 169 and 170) is amended as follows.

(2) The existing text becomes subsection (1).

(3) After that subsection insert—

(2) Section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (1)(a).

10

(1) Section 175 (time limit for proceedings under section 174) is amended as follows.

(2) The existing text becomes subsection (1).

(3) After that subsection insert—

(2) Section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (1)(a).

11

In section 189 (complaint: contravention of section 188), after subsection (5) insert—

(5A) Where the complaint concerns a failure to comply with a requirement of section 188, section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (5)(b).

12

In section 192 (complaint by employee to employment tribunal: contravention of section 190), after subsection (2) insert—

(2A) Section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (2)(a).

13

After section 292 insert—

(292A) (1) This section applies where this Act provides for it to apply for the purposes of a provision of this Act (a “relevant provision”). (2) In this section— (a) Day A is the day on which the complainant concerned complies with the requirement in subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and (b) Day B is the day on which the complainant concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section. (3) In working out when a time limit set by a relevant provision expires the period beginning with the day after Day A and ending with Day B is not to be counted. (4) If a time limit set by a relevant provision would (if not extended by this subsection) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period. (5) Where an employment tribunal has power under this Act to extend a time limit set by a relevant provision, the power is exercisable in relation to the time limit as extended by this section.

14

In Schedule A1 (collective bargaining: recognition), in paragraph 157 (complaint to employment tribunal: contravention of paragraph 156), after sub-paragraph (3) insert—

(4) Section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of sub-paragraph (1)(a).

Employment Rights Act 1996 (c. 18)

15

The Employment Rights Act 1996 is amended as follows.

16

In section 11 (references to employment tribunals: contravention of section 8), after subsection (5) insert—

(6) Where the reference concerns compliance with section 8, section 207B (extension of time limits to facilitate conciliation before institution of proceedings) also applies for the purposes of subsection (4)(a).

17

In section 23 (complaints to employment tribunals: contravention of section 13, 15, 18(1) or 21(1)), in subsection (3A), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.

18

In section 34 (complaints to employment tribunals: contravention of section 28), in subsection (2A), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.

19

In section 48 (complaints to employment tribunals: contravention of Part 5), in subsection (4A), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.

20

In section 51 (complaints to employment tribunals: contravention of section 50), in subsection (2A), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.

21

In section 54 (complaints to employment tribunals: contravention of section 52 or 53), in subsection (2A), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.

22

In section 57 (complaints to employment tribunals: contravention of section 55 or 56), in subsection (2A), for the words from “applies” to the end substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply for the purposes of subsection (2)(a) ”.

23

In section 57ZC (complaint to employment tribunal: agency workers), after subsection (3) insert—

(3A) Section 207A(3) (extension because of mediation in certain European cross-border disputes) and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply for the purposes of subsection (3)(a).

24

In section 57B (complaint to employment tribunal: contravention of section 57A), in subsection (2A), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.

25

In section 60 (complaints to employment tribunals: contravention of section 58 or 59), in subsection (2A), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.

26

In section 63 (complaints to employment tribunals: contravention of section 61 or 62), in subsection (2A), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.

27

In section 63C (complaints to employment tribunals: contravention of section 63A or 63B), in subsection (2A), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.

28

In section 63I (complaints to employment tribunals: contravention of section 63F(4), (5) or (6) or 63I(1)(b)), in subsection (7), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.

29

In section 70 (complaints to employment tribunals: contravention of section 64, 67 or 68), in subsection (8), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.

30

In section 70A (complaints to employment tribunals: agency workers), after subsection (7) insert—

(7A) Section 207A(3) (extension because of mediation in certain European cross-border disputes) and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply for the purposes of subsections (2)(a) and (5)(a).

31

In section 80 (complaint to employment tribunal: parental leave), in subsection (2A), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.

32

In section 80H (complaints to employment tribunals: contravention of section 80G(1) or 80H(1)(b)), in subsection (7), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.

33

In section 111 (complaints to employment tribunal: contravention of section 92 or Part 10), in subsection (2A), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.

34

In section 164 (claims for redundancy payment: contravention of section 135), after subsection (4) insert—

(5) Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsections (1)(c) and (2).

35

After section 207A (extension of time limits because of mediation in certain cross-border disputes) insert—

(207B) (1) This section applies where this Act provides for it to apply for the purposes of a provision of this Act (a “relevant provision”). But it does not apply to a dispute that is (or so much of a dispute as is) a relevant dispute for the purposes of section 207A. (2) In this section— (a) Day A is the day on which the complainant or applicant concerned complies with the requirement in subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and (b) Day B is the day on which the complainant or applicant concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section. (3) In working out when a time limit set by a relevant provision expires the period beginning with the day after Day A and ending with Day B is not to be counted. (4) If a time limit set by a relevant provision would (if not extended by this subsection) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period. (5) Where an employment tribunal has power under this Act to extend a time limit set by a relevant provision, the power is exercisable in relation to the time limit as extended by this section.

National Minimum Wage Act 1998 (c. 39)

36

The National Minimum Wage Act 1998 is amended as follows.

37

In section 11 (failure of employer to allow access to records), after subsection (4) insert—

(4A) Where the complaint is presented to an employment tribunal in England and Wales or Scotland, section 11A applies for the purposes of subsection (3).

38

After section 11 insert—

(11A) (1) In this section— (a) Day A is the day on which the worker concerned complies with the requirement in subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and (b) Day B is the day on which the worker concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section. (2) In working out when the time limit set by section 11(3) expires the period beginning with the day after Day A and ending with Day B is not to be counted. (3) If the time limit set by section 11(3) would (if not extended by this subsection) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period. (4) The power conferred on the employment tribunal by subsection (4) of section 11 to extend the time limit set by subsection (3) of that section is exercisable in relation to that time limit as extended by this section.

39

In section 24 (enforcement of right under section 23), in subsection (2)(a), for “sections 48(2) to (4)” substitute “ sections 48(2) to (4A) ”.

Employment Relations Act 1999 (c. 26)

40

In section 11 of the Employment Relations Act 1999 (complaint to employment tribunal), after subsection (2) insert—

(2A) Section 207A(3) (extension because of mediation in certain European cross-border disputes) and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) of the Employment Rights Act 1996 apply for the purposes of subsection (2)(a). (2B) Subsections (2) and (2A) are to be treated as provisions of the Employment Rights Act 1996 for the purposes of sections 207A and 207B of that Act.

Pensions Act 2008 (c. 30)

41

In section 56 of the Pensions Act 2008 (enforcement of right under section 55), in subsection (2), for “sections 48(2) to (4)” substitute “ sections 48(2) to (4A) ”.

Equality Act 2010 (c. 15)

42

The Equality Act 2010 is amended as follows.

43

In section 123 (time limits: proceedings under section 120), in subsection (1), for “section 140A” substitute “ sections 140A and 140B ”.

44

In section 129 (time limits: proceedings under section 127)—

(a) in subsection (3), for “section 140A” substitute “ sections 140A and 140B ”;

(b) in subsection (4), after “the period mentioned in the second column” insert “ , subject to section 140B ”.

45

After section 140A (extension of time limits because of mediation in certain cross-border disputes) insert—

(140B) (1) This section applies where a time limit is set by section 123(1)(a) or 129(3) or (4). But it does not apply to a dispute that is (or so much of a dispute as is) a relevant dispute for the purposes of section 140A. (2) In this section— (a) Day A is the day on which the complainant or applicant concerned complies with the requirement in subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and (b) Day B is the day on which the complainant or applicant concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section. (3) In working out when the time limit set by section 123(1)(a) or 129(3) or (4) expires the period beginning with the day after Day A and ending with Day B is not to be counted. (4) If the time limit set by section 123(1)(a) or 129(3) or (4) would (if not extended by this subsection) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period. (5) The power conferred on the employment tribunal by subsection (1)(b) of section 123 to extend the time limit set by subsection (1)(a) of that section is exercisable in relation to that time limit as extended by this section.

SCHEDULE 3

Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)

1

In section 138 of the Trade Union and Labour Relations (Consolidation) Act 1992 (refusal of service of employment agency on grounds related to union membership), after subsection (2) insert—

(2A) Section 12A of the Employment Tribunals Act 1996 (financial penalties) applies in relation to a complaint under this section as it applies in relation to a claim involving an employer and a worker (reading references to an employer as references to the employment agency and references to a worker as references to the complainant).

Employment Tribunals Act 1996 (c. 17)

2

The Employment Tribunals Act 1996 is amended as follows.

3

Before section 13 insert— “ Costs etc, interest and enforcement ”.

4

(1) In section 41 (orders, regulations and rules), in subsection (2) (orders etc subject to affirmative resolution procedure), after “4(4) or (6D)” insert “ , 12A(12) ”.

(2) If this paragraph comes into force before section 11, sub-paragraph (1) has effect as if “4(4)” were substituted for “ 4(4) or (6D) ”.

Employment Rights Act 1996 (c. 18)

5

In section 201 of the Employment Rights Act 1996 (power to extend employment legislation to offshore employment), after subsection (3) insert—

(3A) Where an Order in Council under this section confers jurisdiction on an employment tribunal, the jurisdiction conferred includes power to make an order under section 12A of the Employment Tribunals Act 1996 (financial penalties), and that section applies accordingly.

Agency Workers Regulations 2010 (S.I. 2010/93)

6

In regulation 18 of the Agency Workers Regulations 2010 (complaints to employment tribunals etc), after paragraph (14) insert—

(14A) In relation to an infringement or breach for which a tribunal orders a respondent to pay compensation under paragraph (8)(b), the tribunal may order the respondent also to pay a penalty under section 12A of the Employment Tribunals Act 1996 only if the tribunal decides not to exercise the power under paragraph (14) to make an additional award of compensation against the respondent.

SCHEDULE 4

PART 1 — General

Membership

1

(1) The CMA is to consist of—

(a) a person appointed by the Secretary of State to chair the CMA and the CMA Board (the “chair”), and

(b) other persons appointed by the Secretary of State as follows—

(i) persons appointed to membership of the CMA Board (see Part 2);

(ii) persons appointed to membership of the CMA panel (see Part 3);

(iii) persons appointed to membership of both the CMA Board and the CMA panel.

(iv) a person (the “OIM panel chair”) appointed to chair the Office for the Internal Market panel and to membership of the CMA Board;

(v) other persons appointed to membership of the Office for the Internal Market panel (“the OIM panel”) (see Part 3A).

(2) The Secretary of State must consult the chair before making an appointment under sub-paragraph (1)(b).

(2A) In making appointments under paragraphs (iv) and (v) of sub-paragraph (1)(b), the Secretary of State must have regard to the desirability of securing that—

(a) a variety of skills, knowledge and experience is available among the members of the OIM panel, and

(b) there is an appropriate balance among the members of that panel of persons who have skills, knowledge or experience relating to the operation of the United Kingdom internal market in different parts of the United Kingdom.

(2B) Before making an appointment under paragraph (iv) or (v) of sub-paragraph (1)(b), the Secretary of State must seek the consent of—

(a) the Scottish Ministers,

(b) the Welsh Ministers, and

(2C) Sub-paragraph (2D) applies if consent to an appointment is not given by any of those authorities within the period of one month beginning with the day on which it is sought from that authority.

(2D) In that event the Secretary of State—

(a) may make the appointment without the consent of the authority or authorities concerned, and

(b) must, if the appointment is made, inform each authority which did not give consent of the reasons for the decision to proceed with the appointment.

(3) At least five of the members appointed under sub-paragraph (1)(b) must be appointed to membership of the CMA Board.

(4) At least one of the members appointed under sub-paragraph (1)(b) must be appointed to membership of the CMA Board and to membership of the CMA panel.

(5) Of the persons appointed to membership of the CMA Board under sub-paragraph (1)(b), no more than half may be members of staff of the CMA.

(6) In this Schedule, references to members of the CMA are to persons appointed under sub-paragraph (1).

(7) A person holding office as a member of the Competition Appeal Tribunal is ineligible for appointment under this paragraph.

Terms and conditions

2

(1) The members of the CMA are to hold and vacate office in accordance with the terms and conditions of their appointments.

(2) Those terms and conditions are to be determined by the Secretary of State.

Term of appointment

3

(1) Appointment to membership of the CMA Board under paragraph 1(1)(b) is to be for a term of not more than five years.

(2) Appointment to membership of the CMA panel under paragraph 1(1)(b) is to be for a term of not more than eight years.

(2A) Appointment to membership of the OIM panel under paragraph 1(1)(b) is to be for a term of not more than eight years.

(3) Appointment as the chair is to be for a term of not more than five years.

(4) Where at the beginning of a person's term of appointment to membership of the CMA panel the person has already begun (and continues) to hold office as a member of the OIM panel, the term of the person's appointment to membership of the CMA panel is to be treated for the purposes of sub-paragraph (2) as beginning when the person's term of appointment to membership of the OIM panel began.

(5) Where at the beginning of a person's term of appointment to membership of the OIM panel the person has already begun (and continues) to hold office as a member of the CMA panel, the term of the person's appointment to membership of the OIM panel is to be treated for the purposes of sub-paragraph (2A) as beginning when the person's term of appointment to membership of the CMA panel began.

Re-appointment

4

(1) A person who has been appointed to membership of the CMA panel may be re-appointed to membership of the CMA panel only for the purpose of continuing to act as a member of a group constituted under paragraph 36 before the expiry of his or her term of office.

(1A) A person who has been appointed to membership of the OIM panel may be re-appointed to membership of the OIM panel only for the purpose of continuing to act as a member of a group constituted under paragraph 58B before the expiry of the person's term of office.

(2) Subject to sub-paragraphs (1) and (1A), a person's previous appointment under paragraph 1 does not affect eligibility for a subsequent appointment under that paragraph.

Remuneration etc of members

5

(1) The CMA must pay to its members such remuneration, allowances and expenses as the Secretary of State may determine.

(2) The CMA must pay or make provision for the payment of such pension, allowances or gratuities as the Secretary of State may determine to or in respect of a current or former member.

(3) If a person ceases to hold an office to which he or she has been appointed under paragraph 1, and the Secretary of State decides that there are special circumstances which mean that the person should be compensated, the CMA must pay compensation to the person of such amount as the Secretary of State may determine.

Resignation

6

(1) The chair may at any time resign from membership of the CMA by giving written notice to this effect to the Secretary of State.

(2) A person who is a member of one, but not more than one, of the CMA Board, the CMA panel and the OIM panel, may at any time resign from membership of the CMA by giving written notice to this effect to the Secretary of State.

(3) A person who is a member of both the CMA Board and the CMA panel or both the CMA panel and the OIM panel may at any time, by giving written notice to this effect to the Secretary of State—

(a) resign from one of those memberships (without resigning from the other), or

(b) resign from membership of the CMA.

(4) The OIM panel chair may at any time resign from membership of the CMA by giving written notice to this effect to the Secretary of State (and may not resign from the OIM panel, or any other office to which the person is appointed by virtue of paragraph 1(1)(b)(iv), except in accordance with this sub-paragraph).

Termination of membership

7

The Secretary of State may at any time remove a person from office as a member of the CMA on any of the following grounds—

(a) incapacity;

(b) misbehaviour;

Status

8

The CMA is to perform its functions on behalf of the Crown.

Chief executive and other staff

9

(1) The CMA is to have a chief executive appointed by the Secretary of State (the “chief executive”).

(2) The chief executive may also be a member of the CMA, but must not be—

(a) the chair, ...

(b) a member of the CMA panel , or

(3) Before appointing the chief executive, the Secretary of State must consult the chair.

(4) The appointment—

(a) is to be for a term of not more than five years;

(b) subject to that, is to be on such terms and conditions as the Secretary of State considers fit.

(5) The chief executive holds that office as a member of the staff of the CMA.

(6) A previous appointment as chief executive does not affect a person's eligibility for re-appointment.

10

(1) The CMA may appoint other members of staff.

(2) A person appointed as a member of the CMA's staff under sub-paragraph (1) may also be a member of the CMA, but must not be—

(a) the chair, or

(b) a member of the CMA panel or the OIM panel.

(3) The following are to be determined by the CMA with the approval of the Minister for the Civil Service—

(a) the number of members of staff appointed under sub-paragraph (1);

(b) their conditions of service.

11

A person holding office as a member of the Competition Appeal Tribunal is ineligible for appointment under paragraph 9 or 10.

Annual plan

12

(1) The CMA must prepare an annual plan for each financial year.

(2) The plan must—

(a) set out the CMA's main objectives for the year and indicate the relative priorities of each of those objectives;

(b) provide a summary of the proposed allocation of the CMA's financial resources to the activities to be carried on in connection with those objectives.

(3) The CMA must arrange for the plan to be laid before —

(a) Parliament,

(b) the Scottish Parliament,

(d) the Northern Ireland Assembly

(4) The CMA must publish the plan, in whatever way it considers appropriate, before the start of the financial year in question.

13

(1) Before finalising an annual plan, the CMA must draw up proposals for it.

(2) The CMA must arrange for the proposals to be laid before —

(a) Parliament,

(b) the Scottish Parliament,

(d) the Northern Ireland Assembly

(3) The CMA must—

(a) publish the proposals in whatever way it considers appropriate, and

(b) make arrangements to consult with the public about them.

(4) Arrangements made under sub-paragraph (3)(b) may provide for consultation with the public to be effected in whatever way the CMA considers appropriate.

Performance report

14

(1) As soon as practicable after the end of each financial year, the CMA must prepare and send to the Secretary of State an annual report on its activities and performance during the year.

(2) The report must include—

(a) a survey of developments, during the year, in matters relating to the CMA's functions;

(b) an assessment of the extent to which the CMA's objectives for the year, as set out in the plan published under paragraph 12, have been met;

(c) a summary of the significant decisions, investigations or other activities made or carried out by the CMA during the year;

(d) a summary of the allocation of the CMA's financial resources to its various activities during the year;

(e) an assessment of the CMA's performance and practices, during the year, in relation to its enforcement functions.

(3) The CMA must—

(a) arrange for the report to be laid before —

(i) Parliament,

(ii) the Scottish Parliament,

(iii) Senedd Cymru, and

(iv) the Northern Ireland Assembly

(b) publish the report in whatever way it considers appropriate.

15

The CMA may—

(a) prepare other reports about matters relating to any of its functions;

(b) publish a report prepared under this paragraph.

Concurrency report

16

(1) As soon as practicable after the end of each financial year, the CMA must prepare a report containing an assessment of how the concurrency arrangements have operated during the year.

(2) The concurrency arrangements are the arrangements for co-operation between the CMA and the sectoral regulators in respect of functions which are exercisable concurrently by the CMA and one or more of the regulators under Part 1 of the Competition Act 1998 (the “1998 Act”) and Part 4 of the Enterprise Act 2002 (the “2002 Act”).

(3) The report must, in particular, include information about—

(a) the exercise during the year by the CMA of its functions under Part 1 of the 1998 Act or Part 4 of the 2002 Act in cases in which the functions are or were exercisable concurrently by one or more sectoral regulators,

(b) the exercise during the year by each sectoral regulator of its functions under Part 1 of the 1998 Act or Part 4 of the 2002 Act, and

(c) any decision made during the year by a sectoral regulator, in respect of a case in relation to which the regulator considers that its functions under Part 1 of the 1998 Act were exercisable, that it was more appropriate for it to proceed by exercising functions other than those it has under that Part of that Act.

(4) The CMA is not required to include information in a report under this paragraph if it considers that doing so would, or would be likely to, prejudice the exercise of any of the functions of the CMA or a sectoral regulator.

(5) In preparing a report under this paragraph, the CMA must consult each sectoral regulator.

(6) The CMA must publish a report prepared under this paragraph in whatever way it considers appropriate.

(7) Each of the following is a sectoral regulator—

(a) the Office of Communications;

(b) the Gas and Electricity Markets Authority;

(d) the Office of Rail and Road ;

(e) the Northern Ireland Authority for Utility Regulation;

(f) the Civil Aviation Authority;

(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h) the Payment Systems Regulator established under section 40 of the Financial Services (Banking Reform) Act 2013.

(i) the Financial Conduct Authority.

Documents

17

(1) The application of the CMA's seal must be authenticated by the signature of—

(a) a person who is a member of the CMA Board, or

(b) a person authorised (generally or specifically) for that purpose by the CMA.

(2) A document purporting to be duly executed under the CMA's seal or signed on its behalf—

(a) is to be received in evidence;

(b) is to be taken to be duly signed or sealed unless the contrary is shown.

(3) But this paragraph does not apply in relation to a document which is, or is to be, signed in accordance with the law of Scotland.

Membership of committees and sub-committees

18

(1) The members of a committee or sub-committee of the CMA may include persons who are not members of the CMA.

(2) A sub-committee may include persons who are not members of the committee that established it.

Additional powers

19

The CMA may—

(a) if so requested by the Secretary of State, represent the government of the United Kingdom in matters relating to international relations in any field connected to its functions, and

(b) promote good practice outside the United Kingdom in the carrying on of activities which may affect the economic interests of consumers in the United Kingdom.

20

(1) The CMA may do anything that is calculated to facilitate, or is conducive or incidental to, the performance of its functions.

(2) The power in sub-paragraph (1) is subject to any restrictions imposed by or under any enactment.

Public records

21

In Schedule 1 to the Public Records Act 1958 (definition of public records), in Part 2 of the Table at the end of paragraph 3, at the appropriate place insert— “ Competition and Markets Authority. ”

Parliamentary Commissioner

22

In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation) at the appropriate place insert— “ Competition and Markets Authority. ”

Disqualification

23

In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) at the appropriate place insert— “ The Competition and Markets Authority. ”

24

In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified), at the appropriate place insert— “ The Competition and Markets Authority. ”

Freedom of information

25

In Part 1 of Schedule 1 to the Freedom of Information Act 2000 (definition of public authority: general)—

(a) in paragraph 1 after “other than” insert

— (a) the Competition and Markets Authority, (b)

;

(b) after paragraph 1 insert—

(1ZA) The Competition and Markets Authority, in respect of information held otherwise than as a tribunal.

Equality

26

In Part 1 of Schedule 19 to the Equality Act 2010 (public authorities: general), under the heading “Industry, business, finance etc” at the appropriate place insert— “ The Competition and Markets Authority. ”

PART 2 — The CMA Board

Membership

27

The CMA Board is to consist of—

(a) the chair;

(b) the members appointed under paragraph 1(1)(b) to membership of the CMA Board.

Functions

28

Except where otherwise provided by or under any enactment, the functions of the CMA are exercisable by the CMA Board on behalf of the CMA.

Delegation

29

(1) Anything that the CMA Board is required or permitted to do (including conferring authorisation under this sub-paragraph) may be done by—

(a) a member of the CMA Board, or a member of staff of the CMA, who has been authorised for that purpose by the CMA Board, whether generally or specifically;

(b) a committee or sub-committee of the CMA Board that has been so authorised.

(2) Sub-paragraph (1) does not apply to the functions of deciding—

(a) whether the duty to publish a market study notice under section 130A of the Enterprise Act 2002 applies;

(b) whether to propose to make, or to make, a reference under section 131 of that Act;

(c) for the purposes of the requirement imposed by section 131A(2)(b) of that Act, whether the CMA is proposing to make a decision as to whether to make a reference under section 131 of that Act in a way that is likely to have a substantial impact on the interests of any person;

(d) whether section 140A of that Act applies in respect of a particular case;

(e) whether to accept an undertaking in lieu of a reference under section 154A of that Act, or to vary or supersede or release an undertaking under that section;

(f) for the purposes of the requirement imposed by section 169(2) of that Act, whether the CMA is proposing to make a decision to make a reference under section 131 of that Act in a way that is likely to have a substantial impact on the interests of any person.

(g) whether to begin an initial SMS investigation under section 9 of the Digital Markets, Competition and Consumers Act 2024 (“the 2024 Act”);

(h) whether to begin a further SMS investigation under section 10 of the 2024 Act;

(i) whether to begin a PCI investigation under section 47 of the 2024 Act.

(2A) Sub-paragraph (1)(a) does not apply to the functions of deciding—

(a) whether to make a designation under section 2 of the 2024 Act;

(b) what, if any, provision to make in reliance on section 17 of the 2024 Act;

(d) whether to revoke a conduct requirement under section 22 of the 2024 Act;

(e) whether to make, and the form of, an enforcement order, other than an interim enforcement order, under section 31 of the 2024 Act;

(f) whether to accept a commitment under section 36 or section 56 of the 2024 Act;

(g) whether to exercise the power conferred by section 38 (1) of the 2024 Act (power to adopt final offer mechanism);

(h) whether to make, and the form of, a pro-competition intervention under section 46 of the 2024 Act;

(i) the contents of a notice under section 50 of the 2024 Act (notice of decision on pro-competition intervention);

(j) whether to replace a pro-competition order under section 52 of the 2024 Act;

(k) whether to revoke a pro-competition order under section 53 of the 2024 Act.

(l) whether to impose a penalty on a person under section 85 or section 87 of the 2024 Act;

(m) the amount of any such penalty.

(2B) A committee or sub-committee of the CMA Board may not be authorised to carry out any of the functions listed in sub-paragraph (2A) unless—

(a) the committee or sub-committee includes—

(i) at least two members of the Board who are not members of the CMA’s staff, or

(ii) the chair and at least one member of the Board who is not a member of the CMA’s staff, and

(b) at least half of the members of the committee or sub-committee are—

(i) members of the Board who are not members of the CMA’s staff, or

(ii) members of the CMA panel.

(3) Sub-paragraph (1)(b) does not apply to a committee or sub-committee whose members include any person who is not a member of the CMA or of its staff.

(4) The Secretary of State may by regulations made by statutory instrument amend sub-paragraphs (2) or (2A) so as to add or remove functions of the CMA under Part 1 of the 2024 Act.

(5) The regulations may make incidental, transitional or saving provision.

(6) A statutory instrument containing regulations under sub-paragraph (4) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

30

Paragraph 29(1) is subject to provision in rules made under section 51 of the Competition Act 1998, by virtue of paragraph 1A of Schedule 9 to that Act, in respect of the exercise of a function of the CMA under Part 1 of that Act.

Proceedings

31

(1) The CMA Board may regulate its own proceedings.

(2) The CMA Board must consult the Secretary of State before making or revising rules and procedures, under sub-paragraph (1), for dealing with—

(a) conflicts of interest, or

(b) quorum.

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