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
articles Not indexed
Reform history JSON API
32

The validity of anything done by the CMA Board is not affected by—

  • (a) a vacancy;
  • (b) a defective appointment.

Reference of matter to the chair

33
  • (1) This paragraph applies where the CMA Board is to consider whether a matter should be referred to the chair for the constitution of a group under this Schedule.
  • (2) Before the CMA Board considers whether to refer the matter to the chair, the chair must determine whether a person who is a member of the CMA Board might reasonably be expected to be a member of a group constituted in connection with the matter.
  • (3) If the chair determines that a person who is a member of the CMA Board might reasonably be expected to be a member of such a group, that person is not to participate in the CMA Board's consideration of whether to refer the matter to the chair.

PART 3 — The CMA panel

The CMA panel

34

The CMA panel is a panel of persons available for selection as members of a group constituted in accordance with this Part of this Schedule.

Membership of CMA panel

35
  • (1) The CMA panel is to consist of—
  • (a) at least one person (a “news media panel member”) appointed to the CMA panel under paragraph 1(1)(b) for the purpose of being available for selection as a member of a group constituted to carry out functions on behalf of the CMA with respect to a news media merger reference (a “news media merger reference group”);
  • (b) at least three persons (“specialist communications panel members”) appointed to the CMA panel under paragraph 1(1)(b) 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 specialist communications reference (a “specialist communications reference group”);
  • (c) at least six persons (“specialist utility panel members”) appointed to the CMA panel under paragraph 1(1)(b) for the purpose of being available for selection as members of a group constituted to carry out specialist utility functions on behalf of the CMA (a “specialist utility group”);
  • (ca) at least one person (a “payment systems panel member”) appointed to the CMA panel under paragraph 1(1)(b) for the purpose of being available for selection as a member of a group constituted to carry out functions on behalf of the CMA with respect to an appeal made in accordance with section 79 of the Financial Services (Banking Reform) Act 2013 (a “specialist payment systems group”);
  • (d) at least one person (a “reporting panel member”) appointed to the CMA panel under paragraph 1(1)(b) for the purpose of being available for selection as a member of any group constituted to carry out functions on behalf of the CMA;
  • (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (2) A person who is appointed to the CMA panel as a member of a kind mentioned in one of paragraphs (a) to (d) of sub-paragraph (1) may also be appointed as a member of one or more of the other kinds mentioned in those paragraphs.
  • (3) For the purposes of this paragraph and paragraph 38—
  • a “news media merger reference” is—a reference under section 45 of the Enterprise Act 2002 that specifies a news media public interest consideration (within the meaning of paragraph 20A of Schedule 8 to that Act);a reference under section 62 of that Act that specifies a consideration specified in section 58(2A) or (2B) of that Act;
  • a “specialist communications reference” is a reference under section 193 of the Communications Act 2003;
  • “specialist utility functions” are functions with respect to—an appeal under section 23B, or a reference under section 41E, of the Gas Act 1986;an appeal under section 11C, or a reference under section 56C, of the Electricity Act 1989; an appeal under section 20 of the Energy Act 2023; a reference under section 12, 14 or 17K of the Water Industry Act 1991; an appeal under section 12D of that Act;the giving of a direction or the making of modifications under section 16A or 17P of that Act; a reference under section 68B or 68C of the Enterprise Act 2002; an appeal under article 14B of the Electricity (Northern Ireland) Order 1992 (SI 1992/231 (NI 1)); an appeal under article 14B of the Gas (Northern Ireland) Order 1996 (SI 1996/275 (NI 2)); an appeal under section 173 of the Energy Act 2004; an appeal under regulation 4 of the Water Industry Designated Codes (Appeals to the Competition and Markets Authority) Regulations 2017 (SI 2017/447); a reference under article 3 of the Water Services etc (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 (SI 2005/3172);the giving of a direction or the making of modifications under article 9 of that Order.

Constitution of CMA groups

36

Where the chair is, by or under any enactment, required to constitute a group under this Schedule (a “CMA group”), the chair must constitute the group in accordance with this Part of this Schedule.

Membership of CMA groups

37
  • (1) The members of a CMA group are to be selected by the chair.
  • (2) In selecting the members of a CMA group, the chair must comply with any requirements imposed by or under any enactment.
  • (3) Subject to that, paragraph 38 has effect for the purposes of the membership of a CMA group.
38
  • (1) Each CMA group is to consist of at least three members of the CMA panel.
  • (2) Subject to sub-paragraphs (3) to (6), those members are to be such persons as the chair may select.
  • (3) In the case of a news media merger reference group—
  • (a) the group must include at least one news media panel member;
  • (b) the members of the group (if any) who are not news media panel members must be reporting panel members.
  • (4) In the case of a specialist communications reference group, the group must include at least one, but not more than three, of the specialist communications panel members.
  • (5) In the case of a specialist utility group, the group must include at least one of the specialist utility panel members.
  • (5A) In the case of a specialist payment systems group, the group must include at least one payment systems member.
  • (6) A news media panel member is not to be selected as a member of a CMA group that is not a news media merger reference group.
  • (7) The chair may at any time appoint a reporting panel member to be an additional member of a CMA group.
  • (8) The chair must appoint one of the members of a CMA group to chair the group (the “group chair”).
39

The validity of anything done by a CMA group is not affected by—

  • (a) a vacancy;
  • (b) a defective appointment.

Termination of person’s membership of a CMA group

40

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

41
  • (1) Sub-paragraph (2) applies if the chair considers that—
  • (a) a member of a CMA group will be unable, for a substantial period, to perform his or her duties as a member of the group, or
  • (b) because of a particular interest of a member of a CMA group, it is inappropriate for him or her to remain a member of the group.
  • (2) The chair may remove the person in question from membership of the group.
42

A person ceases to be a member of a CMA group on ceasing to be a member of the CMA panel.

Replacement of a member of a CMA group

43
  • (1) Sub-paragraph (2) applies if a person ceases to be a member of a CMA group, whether by being removed under paragraph 41, or otherwise.
  • (2) The chair may select a replacement member of the group from the CMA panel.

Continuity on removal or replacement

44
  • (1) A person's ceasing to be a member of a CMA group, whether by being removed under paragraph 41, 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 he or she has ceased to be a member of the group.
  • (2) Sub-paragraph (1)—
  • (a) applies whether or not a replacement member of the group is selected under paragraph 43;
  • (b) does not affect any requirements imposed by or under any enactment with respect to the constitution of a CMA group.

Attendance of other members

45
  • (1) At the invitation of the group chair of a CMA group, any reporting panel member who is not a member of the group may attend its meetings or otherwise take part in its proceedings.
  • (2) But a person attending in response to such an invitation may not—
  • (a) vote in any proceedings of the group, or
  • (b) have a statement of his or her dissent from a conclusion of the group included in a report made by the group.
  • (3) Nothing in sub-paragraph (1) is to be taken to prevent a CMA group from consulting any member of the CMA panel with respect to any matter or question with which the group is concerned.

Powers of chair pending group’s constitution and first meeting

46
  • (1) While a CMA group is being constituted, the chair may take such steps as he or she 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.
47
  • (1) The chair may, on behalf of the CMA, exercise the power conferred by section 37(1), 48(1) or 64(1) of the Enterprise Act 2002 in respect of the reference of a matter—
  • (a) while a CMA group is being constituted in connection with the reference;
  • (b) after a CMA group has been so constituted, but before it has held its first meeting.
  • (2) Sections 34C, 46D and 62A of the Enterprise Act 2002 have effect subject to sub-paragraph (1).

Performance of functions of chair with respect to constitution etc of CMA group

48
  • (1) A function of the chair that is specified in sub-paragraph (4) may, with the consent of the CMA Board, be exercised on behalf of the chair by—
  • (a) a person who is a member of both the CMA panel and the CMA Board, or
  • (b) a member of the CMA panel designated by the Secretary of State (whether generally or specifically) for the purposes of this paragraph.
  • (2) The consent referred to in sub-paragraph (1) must specify the identity of the person by whom a function of the chair is to be exercised.
  • (3) It may be given—
  • (a) by reference generally to functions specified in sub-paragraph (4);
  • (b) by reference to specific functions, or functions of a particular description;
  • (c) by reference generally to CMA groups;
  • (d) by reference to specific matters or specific CMA groups, or by reference to matters or CMA groups of a particular description.
  • (4) The functions are—
  • (a) the chair's functions under paragraph 33 and under this Part of this Schedule;
  • (b) the chair's functions by or under any other enactment in respect of the constitution of a CMA group;
  • (c) the chair's functions under—
  • (i) Schedule 4A to the Gas Act 1986;
  • (ii) Schedule 5A to the Electricity Act 1989;
  • (iia) Schedule 5A to the Electricity (Northern Ireland) Order 1992 (SI 1992/231 (NI 1));
  • (iic) Schedule A1 to the Transport Act 2000;
  • (iii) Schedule 22 to the Energy Act 2004;
  • (iv) Schedule 2 to the Civil Aviation Act 2012.
  • (v) Schedule 5 to the Financial Services (Banking Reform) Act 2013.
  • (vi) the Water Industry Designated Codes (Appeals to the Competition and Markets Authority) Regulations 2017 (SI 2017/447).

Independence of groups

49
  • (1) In making decisions that they are required or permitted to make by virtue of any enactment, CMA groups must act independently of the CMA Board.
  • (2) Nothing in sub-paragraph (1) prevents—
  • (a) the CMA Board from giving information in its possession to a CMA group, or
  • (b) a CMA group giving information in its possession to the CMA Board.

Casting votes

50

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

Requirement to make rules of procedure for certain groups

51
  • (1) The CMA Board must make rules of procedure for merger reference groups, market reference groups, and special reference groups.
  • (2) Those rules are subject to any provision made by or under any enactment in respect of the procedure of a CMA group.
  • (3) Before making rules under this paragraph, the CMA Board must consult such persons as it considers appropriate.
  • (4) The CMA Board must publish rules made under this paragraph in whatever manner it considers appropriate for bringing them to the attention of those likely to be affected by them.
  • (5) Subject to rules made under this paragraph, and to any provision made by or under any enactment, a CMA group of a type referred to in sub-paragraph (1) may determine its own procedure.
  • (6) In this paragraph and paragraph 53—
  • (a) “market reference group” means a CMA group constituted in connection with a reference under section 131, 132 or 140A of the Enterprise Act 2002;
  • (b) “merger reference group” means a CMA group constituted in connection with a reference under section 32 of the Water Industry Act 1991 or section 22, 33, 45, or 62 of the Enterprise Act 2002;
  • (c) “special reference group” means a CMA group constituted in connection with a reference under—
  • (i) section 11 of the Competition Act 1980;
  • (ii) section 41E of the Gas Act 1986;
  • (iii) section 56C of the Electricity Act 1989;
  • (iv) section 12, 14 or 17K of the Water Industry Act 1991;
  • (v) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (vi) section 13 of, or Schedule 4A to, the Railways Act 1993;
  • (vii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (viii) section 12 of the Transport Act 2000;
  • (ix) section 193 of the Communications Act 2003;
  • (x) article 3 of the Water Services etc (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 (SI 2005/3172).
52
  • (1) In determining how to proceed in accordance with rules made for it by the CMA Board under paragraph 51(1), and in determining its own procedure under paragraph 51(5), a group must have regard to any guidance issued by the CMA Board.
  • (2) Before issuing guidance for the purposes of this paragraph, or amending or revoking it, the CMA Board must consult such persons as it considers appropriate.
53
  • (1) Rules made under paragraph 51 may—
  • (a) make different provision for different cases or different purposes;
  • (b) be varied or revoked by rules subsequently made under that paragraph.
  • (2) They may in particular make provision—
  • (a) for particular stages of a merger investigation, market investigation, or special investigation to be dealt with in accordance with a timetable and for revision of that timetable;
  • (b) as to the documents and information that must be given to a relevant group in connection with a merger investigation, market investigation or special investigation;
  • (c) as to the documents and information that a relevant group must give to other persons in connection with such an investigation.
  • (3) Rules making provision as described in sub-paragraph (2)(a) or (2)(b) may, in particular, permit or require a relevant group to disregard documents or information given after a particular date.
  • (4) Rules making provision as described in sub-paragraph (2)(c) may in particular make provision for the notification or publication of, and for consultation about, provisional findings of a relevant group.
  • (5) Rules made under paragraph 51 may make provision as to the quorum of relevant groups.
  • (6) They may make provision—
  • (a) as to the extent (if any) to which persons interested or claiming to be interested in a matter under consideration that is specified or described in the rules are allowed—
  • (i) to be present before or heard by a relevant group, either by themselves or by their representatives;
  • (ii) to cross-examine witnesses;
  • (iii) otherwise to take part;
  • (b) as to the extent (if any) to which sittings of a relevant group are to be held in public;
  • (c) generally in connection with any matters permitted by rules making provision as described in paragraph (a) or (b) (including, in particular, provision for a record of any hearings).
  • (7) Rules made under paragraph 51 may make provision for—
  • (a) the notification or publication of information relating to merger investigations, market investigations or special investigations;
  • (b) consultation about such investigations.
  • (8) Rules made under paragraph 51 for market reference groups may make provision as to the involvement of any public interest expert in the market investigation in connection with the reference under section 140A of the Enterprise Act 2002 in relation to which the expert was appointed.
  • (9) For the purposes of this paragraph—
  • market investigation” means an investigation carried out by a market reference group in connection with a reference under section 131, 132 or 140A of the Enterprise Act 2002;
  • merger investigation” means an investigation carried out by a merger reference group in connection with a reference under section 32 of the Water Industry Act 1991 or section 22, 33, 45, or 62 of the Enterprise Act 2002;
  • public interest expert” means a person appointed under section 141B of the Enterprise Act 2002 in relation to a reference under section 140A(6) of that Act;
  • relevant group” means a market reference group, a merger reference group, or a special reference group;
  • special investigation” means an investigation carried out by a special reference group in connection with a provision listed in paragraph 51(6)(c).

Procedure of other CMA groups

54
  • (1) Subject to any special or general directions given by the Secretary of State, and to any provision made by or under any enactment, a CMA group that is not a group of a type referred to in paragraph 51(1) may determine its own procedure.
  • (2) It may, in particular, determine its quorum, and determine—
  • (a) the extent (if any) to which persons interested or claiming to be interested in a matter under consideration are allowed—
  • (i) to be present before or heard by it, either by themselves or by their representatives;
  • (ii) to cross-examine witnesses;
  • (iii) otherwise to take part;
  • (b) the extent (if any) to which its sittings are to be held in public.
  • (3) In determining its procedure under sub-paragraph (1), a CMA group must have regard to any guidance issued by the CMA Board.

CMA group decision: requirement for two thirds majority

55

For the purposes of paragraphs 56 to 58, a “qualifying majority decision” is a decision made by a CMA group which is that of at least two-thirds of the members of the group.

56
  • (1) This paragraph applies for the purposes of Part 3 of the Enterprise Act 2002.
  • (2) Where a decision of a CMA group under section 35(1) or 36(1) of that Act that there is an anti-competitive outcome is not a qualifying majority decision, it is to be treated as a decision under that section that there is not an anti-competitive outcome.
  • (2A) Sub-paragraph (2B) applies where a decision of a CMA group under section 35(1) or 36(1) of that Act (as applied by section 68F of, and Schedule 5A to, that Act) that there is, or is likely to be, prejudice of the kind described in section 68B(1)(b) or 68C(1)(b) of that Act is not a qualifying majority decision.
  • (2B) The decision of the CMA group is to be treated as a decision under section 35(1) or, as the case may be, section 36(1) of that Act (as applied by section 68F of, and Schedule 5A to, that Act) that there is not, or is not likely to be, prejudice of that kind.
  • (3) Where a decision of a CMA group under section 47 of that Act is not a qualifying majority decision—
  • (a) in the case of a decision that a relevant merger situation has been created, it is to be treated as a decision under section 47 that no such situation has been created;
  • (b) in the case of a decision that the creation of a relevant merger situation has resulted, or may be expected to result, in a substantial lessening of competition within any market or markets in the United Kingdom for goods and services, it is to be treated as a decision under section 47 that the creation of that situation has not resulted, or may be expected not to result, in such a substantial lessening of competition;
  • (c) in the case of a decision that arrangements are in progress or in contemplation which, if carried into effect, will result in the creation of a relevant merger situation, it is to be treated as a decision under section 47 that no such arrangements are in progress or in contemplation;
  • (d) in the case of a decision that the creation of such a situation as is mentioned in paragraph (c) may be expected to result in a substantial lessening of competition within any market or markets in the United Kingdom for goods and services, it is to be treated as a decision under section 47 that the creation of that situation may be expected not to result in such a substantial lessening of competition.
  • (4) Where a decision of a CMA group under section 63 of that Act is not a qualifying majority decision—
  • (a) in the case of a decision that a special merger situation has been created, it is to be treated as a decision under section 63 that no such situation has been created;
  • (b) in the case of a decision that arrangements are in progress or in contemplation which, if carried into effect, will result in the creation of a special merger situation, it is to be treated as a decision under section 63 that no such arrangements are in progress or in contemplation.
  • (5) Expressions used in this paragraph are to be construed in accordance with Part 3 of the Enterprise Act 2002.
57
  • (1) This paragraph applies for the purposes of Part 4 of the Enterprise Act 2002.
  • (2) Where a decision under section 134, 141 or 141A of that Act is not a qualifying majority decision—
  • (a) in the case of a decision on an ordinary reference that a feature or combination of features of a relevant market prevents, restricts or distorts competition in connection with the supply or acquisition of any goods or services in the United Kingdom or a part of the United Kingdom, it is to be treated as a decision that the feature or (as the case may be) combination of features of that relevant market does not prevent, restrict or distort such competition;
  • (b) in the case of a decision on a cross-market reference that a feature or a combination of the features specified in the reference, as that feature or combination of features relates to goods or services of one or more than one of the descriptions so specified, prevents, restricts or distorts competition in connection with the supply or acquisition of any goods or services in the United Kingdom or a part of the United Kingdom, it is to be treated as a decision that that feature or (as the case may be) combination of features as it relates to goods or services of those descriptions does not prevent, restrict or distort such competition.
  • (3) Accordingly, a CMA group is to be treated as having decided under section 134, 141 or 141A that there is no adverse effect on competition in relation to an ordinary reference or a cross-market reference if—
  • (a) one or more than one decision of the group, in relation to the reference, is to be treated as mentioned in sub-paragraph (2)(a) or (as the case may be) (b), and
  • (b) there is, in relation to the reference, no other relevant decision of the group.
  • (4) “Relevant decision”, in sub-paragraph (3)(b), means—
  • (a) in relation to an ordinary reference, a decision that is not to be treated as mentioned in sub-paragraph (2)(a), and which is that a feature or combination of features of a relevant market prevents, restricts or distorts competition in connection with the supply or acquisition of any goods or services in the United Kingdom or a part of the United Kingdom;
  • (b) in relation to a cross-market reference, a decision that is not to be treated as mentioned in sub-paragraph (2)(b), and which is that a feature or a combination of the features specified in the reference, as that feature or combination of features relates to goods or services of one or more than one of the descriptions so specified, prevents, restricts or distorts competition in connection with the supply or acquisition of any goods or services in the United Kingdom or a part of the United Kingdom.
  • (5) Where a decision of a CMA group under section 141A of that Act is not a qualifying majority decision, in the case of a decision under section 141A(4) that the feature or combination of features in question operates or may be expected to operate against the public interest, it is to be treated as a decision under section 141A that the feature or combination of features in question does not operate nor may be expected to operate against the public interest.
  • (6) Expressions used in this paragraph are to be construed in accordance with Part 4 of the Enterprise Act 2002.
58

A decision made by a CMA group is also subject to any other provision made by or under any enactment about decisions that are not qualifying majority decisions.

PART 4 — Interpretation and transitional and transitory provision

Interpretation

59
  • (1) In this Schedule, “enactment” means—
  • (a) an enactment contained in this or any other Act;
  • (b) an enactment comprised in subordinate legislation within the meaning of the Interpretation Act 1978;
  • (c) an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament;
  • (d) a Measure or Act of the National Assembly for Wales;
  • (e) an enactment contained in, or in an instrument made under, Northern Ireland legislation (within the meaning of the Interpretation Act 1978).
  • (2) Any reference in this Schedule to an enactment includes a reference to an enactment whenever passed or made.
60

References in this Schedule to the commencement date are to the date on which section 25(3) comes into force.

Members of the Competition Commission

61
  • (1) This paragraph applies—
  • (a) in relation to any appointments under paragraph 1(1)(b) to the CMA panel that are made before the abolition of the Competition Commission under section 26, to any person who is a panel member of the Competition Commission and whose term of office as such is not due to expire before the abolition of the Competition Commission under that section;
  • (b) in relation to any other appointment under paragraph 1(1)(b) to the CMA panel, to a person who was a panel member of the Competition Commission immediately prior to its abolition under section 26.
  • (2) A person to whom this paragraph applies may be appointed under paragraph 1(1)(b) as a member of the CMA panel.
  • (3) But the terms of the person's appointment as a member of the CMA panel must not be such that the sum of the period of his or her office as a member of the CMA panel, and of the period of his or her office as a panel member of the Competition Commission (excluding any period when he or she also holds office as a member of the CMA panel), exceeds eight years.
  • (4) Paragraph 4(1) applies for the purposes of the person's re-appointment as a member of the CMA panel as it does for the purposes of the re-appointment of a CMA panel member to whom this paragraph does not apply.
  • (5) The power conferred by section 100 includes power to make provision for the appointment of panel members of the Competition Commission as members of the CMA panel, or for the re-appointment of persons who are appointed as members of the CMA panel by virtue of sub-paragraph (2), for the purpose of enabling anything in the process of being done by or on behalf of the Competition Commission immediately prior to its abolition to be completed by or on behalf of the CMA; and nothing in sub-paragraphs (1) to (4) restricts the provision that may be made for that purpose.
62

Except as provided for by paragraph 61, a person who holds or has held office as a panel member of the Competition Commission at any time prior to its abolition may not be appointed under paragraph 1(1)(b) as a member of the CMA panel.

63

References in paragraphs 61 and 62 to a panel member of the Competition Commission are to a person appointed as a member of the Competition Commission of a kind mentioned in paragraph 2(3) of Schedule 7 to the Competition Act 1998.

Financial years of the CMA

64
  • (1) If the duration of the period beginning with the commencement date and ending with the next 31 March is six months or more, the first financial year of the CMA is that period.
  • (2) But if the duration of that period is less than six months, the first financial year of the CMA is the period beginning with the commencement date, and ending with the 31 March in the year following the next 31 March after the commencement date.
  • (3) The subsequent financial years of the CMA are each successive period of 12 months.

First annual plan of the CMA

65
  • (1) The CMA is to publish its first annual plan within the period of three months beginning with the commencement date.
  • (2) The first annual plan is to relate to the period beginning with the date of publication of the plan, and ending with the date on which the CMA's first financial year ends.

SCHEDULE 5

PART 1 — Transfer of functions under the 1998 Act to the CMA

1

The Competition Act 1998 is amended as follows.

2

In section 6 (block exemptions), in subsections (1) and (6), for “OFT” (in each place where it occurs) substitute “ CMA ”.

3

In section 8 (block exemptions: procedure), in subsections (1) to (3) and (5), for “OFT” (in each place where it occurs) substitute “ CMA ”.

4

In section 10 (parallel exemptions), in subsections (5), (7) and (8), for “OFT” (in each place where it occurs) substitute “ CMA ”.

5
  • (1) Section 25 (power to investigate) is amended as follows.
  • (2) In subsections (1) and (8) to (11), for “OFT” (in each place where it occurs) substitute “ CMA ”.
  • (3) In the heading, for “OFT” substitute “ CMA ”.
6

In section 26 (powers when conducting investigations), in subsections (1) and (5), for “OFT” (in each place where it occurs) substitute “ CMA ”.

7

In section 27 (power to enter business premises without a warrant), in subsections (1) and (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.

8
  • (1) Section 28 (power to enter business premises under a warrant) is amended as follows.
  • (2) In subsection (1)(b)(i), for “OFT” substitute “ CMA ”.
  • (3) In subsection (2)—
  • (a) for “OFT” (in each place where it occurs) substitute “ CMA ”, and
  • (b) for “OFT's” substitute “CMA's”.
9

In section 28A (power to enter domestic premises under a warrant), in subsections (1)(b)(i) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

10

In section 31 (decisions following an investigation), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

11

In section 31A (commitments), in subsections (1) to (4), for “OFT” (in each place where it occurs) substitute “ CMA ”.

12

In section 31B (effect of commitments under section 31A), in subsections (1) to (5), for “OFT” (in each place where it occurs) substitute “ CMA ”.

13

In section 31C (review of commitments), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

14

In section 31D (guidance), in subsections (1) to (3), (5), (6) and (8), for “OFT” (in each place where it occurs) substitute “ CMA ”.

15

In section 31E (enforcement of commitments), in subsection (1), for “OFT” (in each place where it occurs) substitute “ CMA ”.

16

In section 32 (directions in relation to agreements), in subsection (1), for “OFT” substitute “ CMA ”.

17

In section 33 (directions in relation to conduct), in subsection (1), for “OFT” substitute “ CMA ”.

18

In section 34 (enforcement of directions), in subsection (1), for “OFT” substitute “ CMA ”.

19

In section 35 (interim measures), in subsections (1) to (4), (8) and (9), for “OFT” (in each place where it occurs) substitute “ CMA ”.

20

In section 36 (penalties), in subsections (1) to (5), (8) and (9), for “OFT” (in each place where it occurs) substitute “ CMA ”.

21

In section 37 (recovery of penalties), in subsection (1), for “OFT” (in each place where it occurs) substitute “ CMA ”.

22

In section 38 (the appropriate level of a penalty), in subsections (1) to (3), (5), (6), (8) and (9), for “OFT” (in each place where it occurs) substitute “ CMA ”.

23

In section 39 (limited immunity in relation to the Chapter 1 prohibition), in subsections (3) to (5) and (8), for “OFT” (in each place where it occurs) substitute “ CMA ”.

24

In section 40 (limited immunity in relation to the Chapter 2 prohibition), in subsections (3) to (5) and (8), for “OFT” (in each place where it occurs) substitute “ CMA ”.

25

In section 44 (false or misleading information), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

26

In section 46 (appealable decisions), in subsections (1) to (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.

27

In section 47 (third party appeals), in subsection (1), for “OFT” (in each place where it occurs) substitute “ CMA ”.

28

In section 47A (monetary claims before Tribunal), in subsections (6) and (7), for “OFT” (in each place where it occurs) substitute “ CMA ”.

29

In section 50 (vertical agreements and land agreements), in subsection (3), for “OFT” substitute “ CMA ”.

30

In the cross-heading preceding section 51, for “OFT's” substitute “CMA's”.

31
  • (1) Section 51 (rules) is amended as follows.
  • (2) In subsection (1), for “OFT” substitute “ CMA ”.
  • (3) In subsection (2), for “OFT's” substitute “CMA's”.
  • (4) In subsections (3) and (5) to (10), for “OFT” (in each place where it occurs) substitute “ CMA ”.
32
  • (1) Section 52 (advice and information) is amended as follows.
  • (2) In subsection (1), for the words from the beginning to “the Director” substitute “ The CMA ”.
  • (3) In subsection (1A), for the words from the beginning to “the OFT” substitute “ The CMA ”.
  • (4) In subsections (2) to (6) and (8), for “OFT” (in each place where it occurs) substitute “ CMA ”.
33

In section 54 (regulators), in subsections (2), (5) and (7), for “OFT” (in each place where it occurs) substitute “ CMA ”.

34

In section 57 (defamation), for “OFT” substitute “ CMA ”.

35

In the cross-heading preceding section 58, for “OFT” substitute “ CMA ”.

36
  • (1) Section 58 (findings of fact) is amended as follows.
  • (2) In subsection (1), for “an OFT's” substitute “a CMA's”.
  • (3) In subsection (2)—
  • (a) for “an OFT's” substitute “a CMA's”, and
  • (b) for “OFT” (in each place where it occurs) substitute “ CMA ”.
  • (4) In subsection (3), for “OFT” substitute “ CMA ”.
  • (5) In the heading, for “OFT” substitute “ CMA ”.
37

In section 58A (findings of infringements), in subsections (3) and (4), for “OFT” (in each place where it occurs) substitute “ CMA ”.

38
  • (1) Section 59 (interpretation of Part 1) is amended as follows.
  • (2) In subsection (1)—
  • (a) after the definition of “the Chapter II prohibition” insert—

the CMA” means the Competition and Markets Authority;

, and

  • (b) omit the definition of “the OFT”.
  • (3) In subsection (4), for “OFT” substitute “ CMA ”.
39

In section 60 (principles to be applied in determining questions), in subsection (4), for “OFT” (in each place where it occurs) substitute “ CMA ”.

40

In section 61 (interpretation of Part 2), in subsection (1)—

  • (a) after the definition of “books and records” insert—

the CMA” means the Competition and Markets Authority;

, and

  • (b) omit the definition of “the OFT”.
41

In section 62 (power to enter business premises under a warrant: Article 20 inspections), in subsections (5) and (10), for “OFT” (in each place where it occurs) substitute “ CMA ”.

42

In section 62A (power to enter non-business premises under a warrant: Article 21 inspections), in subsections (3) to (5), and (12), for “OFT” (in each place where it occurs) substitute “ CMA ”.

43

In section 62B (powers when conducting Article 22(2) inspection), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

44

In section 63 (power to enter business premises under a warrant: Article 22(2) inspections), in subsections (1)(a), (2) to (5) and (10), for “OFT” (in each place where it occurs) substitute “ CMA ”.

45
  • (1) Section 65C (interpretation of Part 2A) is amended as follows.
  • (2) In subsection (1), in the definition of “Article 22(1) investigation”, for “OFT” substitute “ CMA ”.
  • (3) In subsection (2)—
  • (a) after the entry for “Article 82” insert— “ “the CMA”; ”, and
  • (b) omit the entry for “the OFT”.
  • (4) In subsection (4), for “OFT” substitute “ CMA ”.
46

In section 65D (power to conduct an Article 22(1) investigation), in subsection (1), for “OFT” substitute “ CMA ”.

47

In section 65E (powers when conducting Article 22(1) investigations), in subsections (1) and (5), for “OFT” (in each place where it occurs) substitute “ CMA ”.

48

In section 65F (power to enter business premises without a warrant), in subsections (1) and (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.

49

In section 65G (power to enter business premises under a warrant), in subsections (1)(b)(i) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

50

In section 65H (power to enter domestic premises under a warrant), in subsections (1)(b)(i) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

51

In section 65N (false or misleading information), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

52

In section 75A (rules in relation to Parts 2 and 2A), in subsections (1) to (8), for “OFT” (in each place where it occurs) substitute “ CMA ”.

53
  • (1) Schedule 1 (exclusions: mergers and concentrations) is amended as follows.
  • (2) In paragraph 4, in sub-paragraphs (1) to (5), for “OFT” (in each place where it occurs) substitute “ CMA ”.
  • (3) In paragraph 5, for “OFT” (in each place where it occurs) substitute “ CMA ”.
54

In Schedule 2 (exclusions: other competition scrutiny), in Part 3, in paragraph 5(3)(a), for “Director” substitute “ CMA ”.

55
  • (1) Schedule 3 (general exclusions) is amended as follows.
  • (2) In paragraph 9, in sub-paragraphs (3) to (7), for “OFT” (in each place where it occurs) substitute “ CMA ”.
56
  • (1) Schedule 6A (commitments) is amended as follows.
  • (2) In paragraph 1, for “OFT” substitute “ CMA ”.
  • (3) In paragraph 2—
  • (a) in sub-paragraph (1), for “OFT” substitute “ CMA ”, and
  • (b) in sub-paragraph (2)—
  • (i) for “OFT” (in each place where it occurs) substitute “ CMA ”, and
  • (ii) for “OFT's” substitute “CMA's”.
  • (4) In paragraph 3, in sub-paragraph (1), for “OFT” substitute “ CMA ”.
  • (5) In paragraph 4, for “OFT” (in each place where it occurs) substitute “ CMA ”.
  • (6) In paragraph 5, for “OFT” substitute “ CMA ”.
  • (7) In paragraph 6, for “OFT” substitute “ CMA ”.
  • (8) In paragraph 7, for “OFT” (in each place where it occurs) substitute “ CMA ”.
  • (9) In paragraph 8, for “OFT” (in each place where it occurs) substitute “ CMA ”.
  • (10) In paragraph 10, for “OFT” substitute “ CMA ”.
  • (11) In paragraph 11, in sub-paragraph (1), for “OFT” substitute “ CMA ”.
  • (12) In paragraph 12, for “OFT” substitute “ CMA ”.
  • (13) In paragraph 13, for “OFT” substitute “ CMA ”.
  • (14) In paragraph 14, for “OFT” (in each place where it occurs) substitute “ CMA ”.
57
  • (1) Schedule 8 (appeals) is amended as follows.
  • (2) In paragraph 2, in sub-paragraph (2), for “OFT's” substitute “CMA's”.
  • (3) In paragraph 3, in sub-paragraphs (2) and (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.
  • (4) In paragraph 3A, in sub-paragraph (3), for “OFT” substitute “ CMA ”.
58
  • (1) Schedule 9 (rules under section 51) is amended as follows.
  • (2) In the heading, for “OFT's” substitute “CMA's”.
  • (3) In paragraph 1, for “OFT” substitute “ CMA ”.
  • (4) In paragraph 5, in sub-paragraphs (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
  • (5) In paragraph 8, for “OFT” (in each place where it occurs) substitute “ CMA ”.
  • (6) In paragraph 9, for “OFT” (in each place where it occurs) substitute “ CMA ”.
  • (7) In paragraph 11, for “OFT” substitute “ CMA ”.
  • (8) In paragraph 12, in sub-paragraph (1)—
  • (a) for “OFT” substitute “ CMA ”, and
  • (b) for “OFT's” substitute “CMA's”.
  • (9) In paragraph 13—
  • (a) for “OFT” substitute “ CMA ”, and
  • (b) for “OFT's” substitute “CMA's”.
  • (10) In paragraph 14, for “OFT” substitute “ CMA ”.

PART 2 — Transfer of functions under the 2002 Act to the CMA

59

The Enterprise Act 2002 is amended as follows.

Part 1

60
  • (1) Section 5 (acquisition of information etc) is amended as follows.
  • (2) In subsections (1), (2) and (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.
  • (3) In the italic cross-heading preceding the section for “OFT” substitute “ the CMA ”.
61

In section 6 (provision of information etc to the public), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

62
  • (1) Section 7 (provision of information and advice to Ministers etc) is amended as follows.
  • (2) In subsection (1), for “OFT” substitute “ CMA ”.
  • (3) In subsection (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
63

Omit section 8 (promoting good consumer practice).

64
  • (1) Section 11 (super-complaints) is amended as follows.
  • (2) In subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
  • (3) In subsection (3), for “OFT's” substitute “CMA's”.
  • (4) In subsection (7), for “OFT” substitute “ CMA ”.
65

For the title to Part 1 substitute “ General functions of the CMA ”.

Part 2

66

In Schedule 4 (Competition Appeal Tribunal: procedure), in Part 2 (Tribunal rules), in paragraph 22(2), for “OFT” substitute “ CMA ”.

Part 3

67
  • (1) Section 22 (duty to make references in relation to completed mergers) is amended as follows.
  • (2) In subsection (1), for the words before paragraph (a) substitute “ The CMA shall, subject to subsections (2) and (3), make a reference to its chair for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 if the CMA believes that it is or may be the case that— ”.
  • (3) In subsection (2)—
  • (a) in the words before paragraph (a), for “OFT” substitute “ CMA ”, and
  • (b) in paragraph (a), omit “to the Commission”.
  • (4) In subsections (3) and (3A), for “OFT” (in each place where it occurs) substitute “ CMA ”.
  • (5) In subsection (7)—
  • (a) in paragraph (a), for “the OFT or (as the case may be) the Commission” substitute “ the CMA ”, and
  • (b) in paragraph (b), for “the OFT, the Commission” substitute “ the CMA ”.
68

In section 23 (relevant merger situations), in subsection (9), in paragraph (a), for “Commission” substitute “ CMA ”.

69

In section 24 (time-limits and prior notice), in subsection (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

70

In section 25 (extension of time-limits), in subsections (1) to (6) and (8), for “OFT” (in each place where it occurs) substitute “ CMA ”.

71

In section 28 (turnover test), in subsection (5), for “OFT” substitute “ CMA ”.

72
  • (1) Section 33 (duty to make references in relation to anticipated mergers) is amended as follows.
  • (2) In subsection (1), for the words before paragraph (a) substitute “ The CMA shall, subject to subsections (2) and (3), make a reference to its chair for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 if the CMA believes that it is or may be the case that— ”.
  • (3) In subsection (2)—
  • (a) in the words before paragraph (a), for “OFT” substitute “ CMA ”,
  • (b) in paragraph (a), omit “to the Commission”, and
  • (c) in paragraph (b), omit “to the Commission”.
  • (4) In subsections (3) and (3A), for “OFT” (in each place where it occurs) substitute “ CMA ”.
73
  • (1) Section 34A (duty where case referred by the European Commission) is amended as follows.
  • (2) In subsection (1), for “OFT” substitute “ CMA ”.
  • (3) In subsection (2)—
  • (a) in the words before paragraph (a), for “OFT” substitute “ CMA ”, and
  • (b) in paragraph (a), omit “to the Commission”.
  • (4) In subsection (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.
  • (5) In the heading, for “OFT” substitute “ CMA ”.
74

Before section 35 (but after the italic cross-heading immediately preceding it) insert—

(34C) (1) Where a reference is made to the chair of the CMA under section 22 or 33 for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, the functions of the CMA under or by virtue of the following provisions of this Part in relation to the matter concerned are to be carried out on behalf of the CMA by the group so constituted— (a) sections 35 to 41B, except for sections 35(6) and (7), 36(5) and (6) and 37(6); (b) where a reference is treated by virtue of section 37(2) as having been made under section 22, section 23(9)(a); (c) section 76, as it applies in relation to orders under section 83, and sections 77, 78 and 80 to 84; (d) section 87, so far as relating to an enforcement order made on behalf of the CMA by the group; (e) sections 92(4), 94 and 94A, so far as relating to an enforcement undertaking or enforcement order made on behalf of the CMA by the group; (f) section 104, so far as relating to a decision mentioned in paragraph (a)(iii) of the definition of relevant decision in subsection (6) of that section; (g) section 107, so far as relating to anything done on behalf of the CMA by the group; (h) section 109, where the permitted purpose in question relates to a function that (by virtue of this section) is being or is to be carried out on behalf of the CMA by the group; (i) sections 110 to 115, so far as relating to a notice given under section 109 on behalf of the CMA by the group; (j) section 120(5)(b), so far as relating to a decision of the group; (k) Schedule 10, so far as relating to an enforcement undertaking or enforcement order which the group is considering accepting or making, or which the group has accepted or made, on behalf of the CMA. (2) The functions of the CMA under section 95(4) in relation to the matter concerned may be carried out on behalf of the CMA by the group. (3) Nothing in subsection (1) prevents the CMA Board from exercising a function of the CMA under or by virtue of the following provisions of this Part where the group constituted as mentioned in subsection (1) has ceased to exist— (a) section 76 and Schedule 10, so far as relating to the making of an order under section 76 in relation to an order under section 83; (b) section 83 and Schedule 10, so far as relating to the making of an order under section 83; (c) sections 76 (as it applies in relation to an order under section 83), 80 to 84 and Schedule 10, so far as relating to the variation, supersession or release of enforcement undertakings or the variation or revocation of enforcement orders; (d) section 87; (e) sections 92(4) and 94.

75

In section 35 (questions to be decided in relation to completed mergers), in subsections (1) and (3) to (7), for “Commission” (in each place where it occurs) substitute “ CMA ”.

76

In section 36 (questions to be decided in relation to anticipated mergers), in subsections (1) to (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.

77
  • (1) Section 37 (cancellation and variation of references under section 22 or 33) is amended as follows.
  • (2) In subsections (1) to (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.
  • (3) In subsection (6), for “OFT” substitute “ CMA ”.
  • (4) Omit subsections (7) and (8).
  • (5) In subsection (9)—
  • (a) for “OFT” substitute “ CMA ”, and
  • (b) for “Commission” substitute “ CMA ”.
78
  • (1) Section 38 (investigations and reports on references under section 22 or 33) is amended as follows.
  • (2) In subsections (1) to (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.
  • (3) Omit subsection (4).
79

In section 39 (time-limits for investigations and reports), in subsections (1), (3), (4) and (8), for “Commission” (in each place where it occurs) substitute “ CMA ”.

80

In section 40 (section 39: supplementary), in subsections (10), (11) and (13), for “Commission” (in each place where it occurs) substitute “ CMA ”.

81

In section 41 (duty to remedy effects of completed or anticipated mergers), in subsections (1) to (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.

82
  • (1) Section 42 (intervention by Secretary of State in certain public interest cases) is amended as follows.
  • (2) In subsection (2), for “OFT” substitute “ CMA ”.
  • (3) In subsection (6)—
  • (a) for “OFT” (in each place where it occurs) substitute “ CMA ”, and
  • (b) for “Commission” substitute “ CMA ”.
83
  • (1) Section 43 (intervention notices under section 42) is amended as follows.
  • (2) In subsection (4)—
  • (a) in paragraph (a), for “OFT” substitute “ CMA ”, and
  • (b) for “Commission” (in each place where it occurs) substitute “ CMA ”.
84
  • (1) Section 44 (investigation and report) is amended as follows.
  • (2) In subsections (2) and (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.
  • (3) In subsection (4) —
  • (a) in the words before paragraph (a), for “OFT” substitute “ CMA ”, and
  • (b) in paragraph (c), omit “to the Commission”.
  • (4) In subsections (5), (5A) and (7), for “OFT” (in each place where it occurs) substitute “ CMA ”.
  • (5) In the heading, for “OFT” substitute “ CMA ”.
85
  • (1) Section 45 (power of Secretary of State to refer matter) is amended as follows.
  • (2) In subsection (1), in paragraph (b), for “OFT” substitute “ CMA ”.
  • (3) In subsections (2) to (5), for “to the Commission” (in each place where it occurs) substitute “ to the chair of the CMA for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 ”.
  • (4) In the heading, for “Commission” substitute “ CMA ”.
86

In section 46 (references under section 46: supplementary), in subsection (2), for “OFT” substitute “ CMA ”.

87
  • (1) Section 46A (cases referred by European Commission where intervention notice is in force) is amended as follows.
  • (2) In subsection (1), for “OFT” substitute “ CMA ”.
  • (3) In subsection (2), in paragraph (a), omit “to the Commission”.
88

Before section 47 (but after the italic cross-heading immediately preceding it) insert—

(46D) Where a reference is made to the chair of the CMA under section 45 for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, the functions of the CMA under or by virtue of the following provisions of this Part in relation to the matter concerned are to be carried out on behalf of the CMA by the group so constituted— (a) sections 47 to 53; (b) where a reference is treated by virtue of section 49(1) as having been made under section 45(2) or (3), section 23(9)(ab) (as it has effect by virtue of section 42(6)); (c) sections 104, so far as relating to any decision mentioned in paragraph (a)(iii) of the definition of relevant decision in subsection (6) of that section, and 104A; (d) section 107, so far as relating to anything done on behalf of the CMA by the group; (e) section 109, where the permitted purpose relates to a function that (by virtue of this section) is being or is to be carried out on behalf of the CMA by the group; (f) sections 110 to 115, so far as relating to a notice given under section 109 on behalf of the CMA by the group; (g) section 118(4); (h) section 120(5)(b), so far as relating to a decision of the group.

89

In section 47 (questions to be decided on references under section 45), in subsections (1) to (11), for “Commission” (in each place where it occurs) substitute “ CMA ”.

90

In section 48 (cases where references on certain questions need not be decided), in subsections (1) to (3) for “Commission” (in each place where it occurs), substitute “ CMA ”.

91

In section 49 (variation of references under section 45), in subsections (1) to (4) and (7) to (9), for “Commission” (in each place where it occurs) substitute “ CMA ”.

92

In section 50 (investigations and reports on references under section 45), in subsections (1) to (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.

93
  • (1) Section 51 (time-limits for investigations and reports) is amended as follows.
  • (2) In subsections (1) to (4) and (8), for “Commission” (in each place where it occurs) substitute “ CMA ”.
  • (3) In the heading, for “Commission” substitute “ CMA ”.
94

Section 52 (section 51: supplementary), in subsections (10), (11) and (13), for “Commission” (in each place where it occurs) substitute “ CMA ”.

95
  • (1) Section 53 (restrictions on action where public interest considerations not finalised) is amended as follows.
  • (2) In subsection (1), for “Commission” substitute “ CMA ”.
  • (3) In subsection (2)—
  • (a) omit “to the Commission”, and
  • (b) for “Commission” substitute “ CMA ”.
  • (4) In subsections (3) to (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.
96
  • (1) Section 54 (decision of Secretary of State in public interest cases) is amended as follows.
  • (2) In subsection (1), for “Commission” substitute “ CMA ”.
  • (3) In subsection (3), omit “to the Commission” (in each place where it occurs).
  • (4) In subsections (5) and (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.
  • (5) In subsection (7)—
  • (a) omit “to the Commission” (in each place where it occurs),
  • (b) for “of the Commission” (in each place where it occurs) substitute “ of the CMA ”, and
  • (c) in paragraph (b)(ii), for “OFT” substitute “ CMA ”.
97

In section 55 (enforcement action by Secretary of State), in subsection (3), for “Commission” substitute “ CMA ”.

98
  • (1) Section 56 (competition cases where intervention on public interest grounds ceases) is amended as follows.
  • (2) In subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
  • (3) In subsection (3)—
  • (a) for “Commission” (in each place where it occurs) substitute “ CMA ”,
  • (b) for “the report of the OFT” substitute “ its report ”, and
  • (c) omit “to it by the OFT”.
  • (4) In subsection (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.
  • (5) In subsection (6)—
  • (a) for “Commission” substitute “ CMA ”, and
  • (b) omit “to it”.
  • (6) In subsection (7), for “Commission” (in each place where it occurs) substitute “ CMA ”.
  • (7) In subsection (8)—
  • (a) for “Commission” substitute “ CMA ”,
  • (b) after “(6)” insert

— (a)

,

  • (c) omit “to the Commission by the OFT”, and
  • (d) at the end insert

; and (b) for the purposes of section 34C, the group constituted in consequence of the reference under section 45 is to be treated as if it were constituted in consequence of a reference under section 22 or (as the case may be) 33.

99
  • (1) Section 57 (duties of authorities to inform Secretary of State) is amended as follows.
  • (2) In subsection (1), for “OFT” substitute “ CMA ”.
  • (3) In subsection (2)—
  • (a) for “OFT, OFCOM and the Commission” substitute “ CMA and OFCOM ”, and
  • (b) for “OFT, OFCOM or (as the case may be) the Commission” substitute “ CMA or (as the case may be) OFCOM ”.
  • (4) In the heading, for “OFT and Commission” substitute “ CMA and OFCOM ”.
100

In section 58 (specified considerations), in subsection (4)(b) for “OFT, OFCOM, the Commission” substitute “ CMA, OFCOM ”.

101
  • (1) Section 59 (intervention by Secretary of State in special public interest cases) is amended as follows.
  • (2) In subsection (2), for “OFT” substitute “ CMA ”.
  • (3) In subsection (6)—
  • (a) for “OFT” (in each place where it occurs) substitute “ CMA ”, and
  • (b) for “Commission” substitute “ CMA ”.
102
  • (1) Section 60 (special intervention notices under section 59) is amended as follows.
  • (2) In subsection (4)—
  • (a) in paragraph (a), for “OFT” substitute “ CMA ”, and
  • (b) for “Commission” (in each place where it occurs) substitute “ CMA ”.
103
  • (1) In section 61 (initial investigation and report) is amended as follows.
  • (2) In subsections (2) to (4A) and (6), for “OFT” (in each place where it occurs) substitute “ CMA ”.
  • (3) In the heading, for “OFT” substitute “ CMA ”.
104
  • (1) Section 62 (power of Secretary of State to refer matter) is amended as follows.
  • (2) In subsection (1), in paragraph (b), for “OFT” substitute “ CMA ”.
  • (3) In subsections (2) and (3), for “to the Commission” (in each place where it occurs), substitute “ to the chair of the CMA for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 ”.
  • (4) In subsection (5), for “OFT” substitute “ CMA ”.
105

Before section 63 insert—

(62A) Where a reference is made to the chair of the CMA under section 62 for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, the functions of the CMA under or by virtue of the following provisions of this Part in relation to the matter concerned are to be carried out on behalf of the CMA by the group so constituted— (a) sections 63 to 65; (b) where a reference is treated by virtue of section 64(2) as having been made under section 62(2), section 23(9)(ab) (as it has effect by virtue of section 59(6)); (c) sections 104, so far as relating to any decision mentioned in paragraph (a)(iii) of the definition of relevant decision in subsection (6) of that section, and 104A; (d) section 107, so far as relating to anything done on behalf of the CMA by the group; (e) section 109, where the permitted purpose relates to a function that (by virtue of this section) is being or is to be carried out on behalf of the CMA by the group; (f) sections 110 to 115, so far as relating to a notice given under section 109 on behalf of the CMA by the group; (g) section 118(4); (h) section 120(5)(b), so far as relating to a decision of the group.

106

In section 63 (questions to be decided on references under section 62), in subsections (1) to (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.

107

In section 64 (cancellation and variation of references under section 62), in subsections (1) to (4) and (7) to (9), for “Commission” (in each place where it occurs) substitute “ CMA ”.

108

In section 65 (investigations and reports on references under section 62), in subsections (1) to (2A) and (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.

109

In section 66 (decision and enforcement action by Secretary of State), in subsections (1) to (4) and (7), for “Commission” (in each place where it occurs) substitute “ CMA ”.

110

In section 67 (intervention to protect legitimate interests), in subsections (2) and (8), for “OFT” (in each place where it occurs) substitute “ CMA ”.

111

In section 68 (scheme for protecting legitimate interests), in subsection (4)—

  • (a) in paragraph (b), for “OFT” substitute “ CMA ”,
  • (b) in paragraph (c), for “to the Commission” substitute “ to the chair of the CMA for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 ”, and
  • (c) in paragraph (d), for “the Commission” substitute “ the CMA, acting through a group so constituted, ”.
112

In section 72 (initial enforcement orders), in subsections (2), (6) and (7), for “OFT” (in each place where it occurs) substitute “ CMA ”.

113

In section 73 (undertakings in lieu of references), in subsections (1) to (4), (5) and (7), for “OFT” (in each place where it occurs) substitute “ CMA ”.

114

In section 74 (effect of undertakings under section 73), in subsections (1), (2) and (5), for “OFT” (in each place where it occurs) substitute “ CMA ”.

115

In section 75 (order making power where undertakings under section 73 not fulfilled), in subsections (1), (2), (4) and (6), for “OFT” (in each place where it occurs) substitute “ CMA ”.

116
  • (1) Section 76 (supplementary interim order-making power) is amended as follows
  • (2) In subsection (1)—
  • (a) in paragraph (a), for “OFT” substitute “ CMA ”, and
  • (b) in paragraph (b), for “Commission” substitute “ CMA ”.
  • (3) In subsections (2), (3), (4) and (7), for “OFT or (as the case may be) the Commission” (in each place where it occurs) substitute “ CMA ”.
117

In section 77 (restrictions on certain dealings: completed mergers), in subsections (2), (3), (5) and (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.

118

In section 78 (restrictions on certain dealings: anticipated mergers), in subsections (2) to (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.

119
  • (1) Section 79 (sections 77 and 78: further interpretation provisions) is amended as follows.
  • (2) In subsection (1), for “Commission” (in each place where it occurs) substitute “ CMA ”.
  • (3) In subsection (4), for “OFT” substitute “ CMA ”.
120
  • (1) Section 80 (interim undertakings) is amended as follows.
  • (2) In subsections (2), (5) and (9), for “Commission” (in each place where it occurs) substitute “ CMA ”.
  • (3) In subsection (10), for “Commission's” substitute “CMA's”.
121
  • (1) Section 81 (interim orders) is amended as follows.
  • (2) In subsection (2), for “Commission” (in each place where it occurs) substitute “ CMA ”.
  • (3) In subsection (9), for “Commission” substitute “ CMA ”.
122

In section 82 (final undertakings), in subsections (1), (2) and (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.

123
  • (1) Section 83 (order-making powers where final undertakings not fulfilled) is amended as follows.
  • (2) In subsection (1), in the words before paragraph (a), for “Commission” substitute “ CMA ”.
  • (3) In that subsection, in paragraph (b)—
  • (a) for “Commission or the OFT” substitute “ CMA ”, and
  • (b) for “Commission decided” substitute “ CMA decided ”.
  • (4) In subsections (2) and (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.
  • (5) Omit subsection (6).
124
  • (1) Section 84 (final orders) is amended as follows.
  • (2) In subsections (1) and (2), for “Commission” (in each place where it occurs) substitute “ CMA ”.
  • (3) Omit subsection (4).
125

In section 85 (enforcement regime for public interest and special interest cases), in subsection (2), for “OFT” substitute “ CMA ”.

126
  • (1) Section 91 (register of undertakings and orders) is amended as follows.
  • (2) In subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
  • (3) In subsection (3)—
  • (a) in the words before paragraph (a), for “OFT” substitute “ CMA ”, and
  • (b) in paragraph (d), for “Commission” substitute “ CMA ”.
  • (4) In subsection (4), for “OFT” substitute “ CMA ”.
  • (5) In subsection (5)—
  • (a) for “Commission and the Secretary of State” substitute “ Secretary of State ”,
  • (b) for “OFT” substitute “ CMA ”, and
  • (c) for “by them” (in each place where it occurs) substitute “ by the Secretary of State ”.
  • (6) In subsections (6) and (7), for “OFT” (in each place where it occurs) substitute “ CMA ”.
127

In the italic cross-heading preceding section 92, for “OFT” substitute “ CMA ”.

128
  • (1) Section 92 (duty to monitor undertakings and orders) is amended as follows.
  • (2) In subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
  • (3) In subsection (3)—
  • (a) in the words before paragraph (a)—
  • (i) for “OFT” substitute “ CMA ”, and
  • (ii) omit “the Commission or (as the case may be)”,
  • (b) in paragraph (a)—
  • (i) omit “the Commission or (as the case may be)”, and
  • (ii) omit “it (or as the case may be)”, and
  • (c) in paragraphs (b) to (d), omit “the Commission or (as the case may be)” (in each place where it occurs).
  • (4) In subsections (4) to (6), for “OFT” (in each place where it occurs) substitute “ CMA ”.
  • (5) In subsection (7)—
  • (a) in the words before paragraph (a), for “OFT” substitute “ CMA ”,
  • (b) omit paragraph (a), and
  • (c) in paragraph (b), for “the report” substitute “ any report prepared by it under subsection (6) ”.
  • (6) In the heading, for “OFT” substitute “ CMA ”.
129
  • (1) Section 93 (further role in relation to undertakings and orders) is amended as follows.
  • (2) In subsection (1), omit paragraph (a) and the word “or” immediately following it.
  • (3) In subsection (2)—
  • (a) for the words from the beginning to “authority”)” substitute “ The Secretary of State ”,
  • (b) for “OFT” substitute “ CMA ”,
  • (c) for “relevant authority” (in each place where it occurs) substitute “ Secretary of State ”, and
  • (d) omit “section 80 or 82 or (as the case may be)”.
  • (4) In subsection (3)—
  • (a) for “relevant authority” (in each place where it occurs) substitute “ Secretary of State ”,
  • (b) for “OFT” substitute “ CMA ”, and
  • (c) for “OFT's” substitute “CMA's”.
  • (5) In subsection (4)—
  • (a) for “OFT” substitute “ CMA ”,
  • (b) for “relevant authority” substitute “ Secretary of State ”, and
  • (c) omit “section 80 or 82 or (as the case may be)”.
  • (6) In subsection (6)—
  • (a) for “relevant authority” substitute “ Secretary of State ”, and
  • (b) for “OFT” substitute “ CMA ”.
  • (7) In the heading, for “OFT” substitute “ CMA ”.
130
  • (1) Section 94 (rights to enforce undertakings and orders) is amended as follows.
  • (2) In subsection (6), for “OFT” substitute “ CMA ”.
  • (3) Omit subsection (7).
131
  • (1) Section 95 (rights to enforce statutory restrictions) is amended as follows.
  • (2) In subsection (4), for “OFT or the Commission” substitute “ CMA ”.
  • (3) In subsection (5), for “OFT” substitute “ CMA ”.
132
  • (1) Section 96 (merger notices) is amended as follows.
  • (2) In subsection (1), for “OFT” substitute “ CMA ”.
  • (3) In subsection (5), for “OFT” substitute “ CMA ”.
133
  • (1) Section 99 (certain functions in relation to merger notices) is amended as follows.
  • (2) In subsection (1), for “OFT” (in each place where it occurs) substitute “ CMA ”.
  • (3) In subsection (5), for “OFT” (in each place where it occurs) substitute “ CMA ”.
  • (4) In the heading, for “OFT and Secretary of State” substitute “ CMA ”.
134

In section 100 (exceptions to protection given by merger notices), in subsection (1), for “OFT” (in each place where it occurs) substitute “ CMA ”.

135
  • (1) Section 104 (certain duties of relevant authorities to consult) is amended as follows.
  • (2) In subsection (6), in the definition of “relevant authority” for “OFT, the Commission” substitute “ CMA ”.
  • (3) In that subsection, in the definition of “relevant decision”—
  • (a) for “OFT” (in each place where it occurs) substitute “ CMA ”,
  • (b) in paragraph (a), after sub-paragraph (ii) insert

; or (iii) on the questions mentioned in section 35(1) or (3), 36(1) or (2), 47 or 63;

, and

  • (c) omit paragraph (b).
136

In section 104A (public consultation in relation to media mergers), in subsections (1) to (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.

137
  • (1) Section 105 (general information duties) is amended as follows.
  • (2) In subsection (1), for “OFT” substitute “ CMA ”.
  • (3) In subsection (3)—
  • (a) in the words before paragraph (a)—
  • (i) for “OFT” substitute “ CMA ”, and
  • (ii) omit “Commission or”,
  • (b) in paragraph (a), omit “the Commission or (as the case may be)” (in each place where it occurs), and
  • (c) in paragraph (b)—
  • (i) omit “the Commission or (as the case may be)”, and
  • (ii) for “OFT” substitute “ CMA ”.
  • (4) In subsection (3A)—
  • (a) in the words before paragraph (a), for “Commission or the OFT” substitute “ CMA ”, and
  • (b) for “Commission or (as the case may be) the OFT” (in each place where it occurs) substitute “ CMA ”.
  • (5) In subsection (4)—
  • (a) for “OFT” (in each place where it occurs) substitute “ CMA ”,
  • (b) for “the Commission or OFCOM” substitute “ OFCOM ”, and
  • (c) omit “the Commission or (as the case may be)” (in each place where it occurs).
  • (6) In subsection (4A)—
  • (a) for “Commission or the OFT” substitute “ CMA ”, and
  • (b) for “Commission or (as the case may be) the OFT” (in each place where it occurs) substitute “ CMA ”.
  • (7) In subsection (5)—
  • (a) in the words before paragraph (a), for “OFT, OFCOM and the Commission” substitute “ CMA and OFCOM ”, and
  • (b) in paragraph (b), for “OFT, OFCOM or (as the case may be) the Commission” substitute “ CMA or (as the case may be) OFCOM ”.
  • (8) In subsection (6), for “OFT” (in each place where it occurs) substitute “ CMA ”.
  • (9) In subsection (7)—
  • (a) for “Commission” substitute “ CMA ”, and
  • (b) for “(3), (3A), (4) or (4A)” substitute “ (3A) or (4A) ”.
  • (10) In subsection (7A), omit the words from “and the OFT” to the end of the subsection.
  • (11) In the heading, for “OFT and Commission” substitute “ CMA ”.
138
  • (1) Section 106 (advice and information about references under sections 22 and 33) is amended as follows.
  • (2) In subsection (1)—
  • (a) omit “As soon as reasonably practicable after the passing of this Act,”,
  • (b) for “the OFT” substitute “ The CMA ”, and
  • (c) for the words from “the making” to the end of the subsection substitute

— (a) the making and consideration by it of references under section 22 or 33, and (b) the way in which relevant customer benefits may affect the taking of enforcement action in relation to such references.

  • (3) In subsection (2), for “OFT” substitute “ CMA ”.
  • (4) Omit subsections (3) and (4).
  • (5) In subsection (5), in paragraph (b), for “OFT or (as the case may be) the Commission” substitute “ CMA ”.
  • (6) In subsection (6)—
  • (a) omit “or (3)”, and
  • (b) for “OFT or (as the case may be) the Commission” substitute “ CMA ”.
  • (7) In subsection (7)—
  • (a) for “OFT or the Commission” substitute “ CMA ”, and
  • (b) for “OFT or (as the case may be) the Commission” substitute “ CMA ”.
  • (8) In subsection (8), for “OFT shall consult the Commission and such other persons” substitute “ CMA shall consult such persons ”.
  • (9) Omit subsection (9).
139

In section 106A (advice and information in relation to media mergers), in subsection (5), for “OFT, OFCOM, the Commission” substitute “ CMA, OFCOM ”.

140

In section 106B (general advisory duties of OFCOM), in subsections (1) and (3), for “Commission” substitute “ CMA ”.

141
  • (1) Section 107 (further publicity requirements) is amended as follows.
  • (2) In subsection (1)—
  • (a) for “OFT” substitute “ CMA ”,
  • (b) in paragraph (e), omit “or 76”, and
  • (c) omit paragraphs (g) and (h).
  • (3) In subsection (2), for “Commission shall” substitute “ CMA shall also ”.
  • (4) In subsection (3)—
  • (a) in paragraph (b), for “OFT” substitute “ CMA ”, and
  • (b) in paragraph (e), for “Commission” substitute “ CMA ”.
  • (5) In subsection (9)—
  • (a) in paragraph (a), for “OFT” substitute “ CMA ”, and
  • (b) in paragraph (b), for “Commission” substitute “ CMA ”.
  • (6) In subsection (10)—
  • (a) in paragraph (a), for “OFT” substitute “ CMA ”, and
  • (b) in paragraph (b), for “Commission” substitute “ CMA ”.
  • (7) In subsection (11), for “Commission's” substitute “CMA's”.
142

In section 108 (defamation), for “OFT, OFCOM, the Commission” substitute “ CMA, OFCOM ”.

143

In section 109 (attendance of witnesses and production of documents etc.), in subsection (3)(a), for “the Commission” substitute “ the CMA ”.

144

In section 110 (enforcement of powers under section 109: general), in subsections (1) to (3), (6), (8) and (9), for “Commission” (in each place where it occurs) substitute “ CMA ”.

145

In section 111 (penalties), in subsections (1), (5) and (8), for “Commission” (in each place where it occurs) substitute “ CMA ”.

146

In section 112 (penalties: main procedural requirements), in subsections (1) to (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.

147

In section 113 (payment and interest by instalments), in subsections (3) and (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.

148

In section 114 (appeals in relation to penalties), in subsections (4), (5) and (7), for “Commission” (in each place where it occurs) substitute “ CMA ”.

149

In section 115 (recovery of penalties), for “Commission” (in each place where it occurs) substitute “ CMA ”.

150

In section 116 (statement of policy), in subsections (1), (3) and (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.

151

In section 117 (false or misleading information), in subsections (1) and (2), for “OFT, OFCOM, the Commission” (in each place where it occurs) substitute “ CMA, OFCOM ”.

152
  • (1) Section 118 (excisions from reports) is amended as follows.
  • (2) In subsection (1)—
  • (a) in paragraph (a), for “OFT” substitute “ CMA ”, and
  • (b) in paragraph (b), for “Commission” substitute “ CMA ”.
  • (3) In subsection (5), for “Commission” substitute “ CMA ”.
153
  • (1) Section 119 (minority reports) is amended as follows.
  • (2) In subsection (1)—
  • (a) omit “in pursuance of paragraph 15 of Schedule 7 to the Competition Act 1998 (c. 41)”, and
  • (b) for “Commission” (in each place where it occurs) substitute “ CMA ”.
  • (3) In the heading, for “Commission” substitute “ CMA ”.
154
  • (1) Section 119B (monitoring role in relation to media mergers) is amended as follows.
  • (2) In subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
  • (3) In the heading, for “OFT” substitute “ CMA ”.
155

In section 120 (review of decisions under Part 3), in subsection (1)—

  • (a) for “OFT” substitute “ CMA ”, and
  • (b) for “the Secretary of State or the Commission” substitute “ or the Secretary of State ”.
156
  • (1) Section 121 (fees) is amended as follows.
  • (2) In subsection (1)—
  • (a) for “OFT of” substitute “ CMA of ”, and
  • (b) for “OFT, OFCOM and the Commission” substitute “ CMA and OFCOM ”.
  • (3) In subsections (3), (4) and (7), for “OFT” (in each place where it occurs) substitute “ CMA ”.
  • (4) In subsection (8)—
  • (a) for “OFT in” substitute “ CMA in ”, and
  • (b) for “OFT, OFCOM and the Commission” substitute “ CMA and OFCOM ”.
  • (5) In subsection (9), for “OFT” substitute “ CMA ”.
157
  • (1) Section 122 (primacy of EU law) is amended as follows.
  • (2) In subsection (1)—
  • (a) omit “or (3)”, and
  • (b) for “OFT or (as the case may be) the Commission” substitute “ CMA ”.
  • (3) In subsection (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
158

Section 123 (power to alter share of supply test), in subsection (4), for “OFT and the Commission” substitute “ CMA ”.

159
  • (1) Section 130 (index of defined expressions) is amended as follows.
  • (2) At the appropriate place in the table insert—
The CMA Section 273
  • (3) Omit the entries in the table for “The Commission” and “The OFT”.
  • (4) In the first column of the entry for “Reports of the Commission”, for “Commission” substitute “ CMA ”.
160
  • (1) Schedule 7 (enforcement regime for public interest and special interest cases) is amended as follows.
  • (2) In paragraph 2, in sub-paragraphs (2), (10) and (11), for “OFT” (in each place where it occurs) substitute “ CMA ”.
  • (3) In paragraph 3, in sub-paragraph (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.
  • (4) In paragraph 4, in sub-paragraphs (2) and (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.
  • (5) In paragraph 5, in sub-paragraphs (1) and (6), for “OFT” (in each place where it occurs) substitute “ CMA ”.
  • (6) In paragraph 7, in sub-paragraphs (8) and (9), for “Commission” (in each place where it occurs) substitute “ CMA ”.
  • (7) In paragraph 8—
  • (a) in sub-paragraphs (7) and (8), for “Commission” (in each place where it occurs) substitute “ CMA ”, and
  • (b) in sub-paragraph (11), for “OFT” substitute “ CMA ”.
  • (8) In paragraph 10, in sub-paragraphs (1) and (6), for “OFT” (in each place where it occurs) substitute “ CMA ”.
  • (9) In paragraph 11, in sub-paragraph (5), for “OFT” substitute “ CMA ”.
161
  • (1) Schedule 8 (provision that may be contained in certain enforcement orders) is amended as follows.
  • (2) In paragraph 8, in sub-paragraph (3), for “Commission” substitute “ CMA ”.
  • (3) In paragraph 19, for “OFT” (in each place where it occurs) substitute “ CMA ”.
  • (4) In paragraph 24 —
  • (a) omit paragraph (a), and
  • (b) in paragraph (b), for “Commission” (in each place where it occurs) substitute “ CMA ”.
162

In Schedule 10 (procedural requirements for certain enforcement undertakings and orders), in paragraph 2(1), for “the OFT, the Commission” substitute “ the CMA ”.

Part 4

163
  • (1) Section 131 (power to make market investigation references) is amended as follows.
  • (2) In subsection (1), for the words before “has reasonable grounds” substitute “ The CMA may, subject to subsection (4), make a reference to its chair for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 if the CMA ”.
  • (3) In the heading, for “OFT” substitute “ CMA ”.
164
  • (1) Section 132 (ministerial power to make market investigation references) is amended as follows.
  • (2) In subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.
  • (3) In subsection (3), for “Commission” substitute “ chair of the CMA for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 ”.
165

In section 133 (contents of references), in subsection (2), for “Commission” substitute “ group constituted by the chair of the CMA in respect of the reference ”.

166

Before section 134 (but after the italic cross-heading immediately preceding it) insert—

(133A) (1) Where a reference is made to the chair of the CMA under section 131, 132 or 140A for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, the functions of the CMA under or by virtue of the following provisions of this Part in relation to the matter concerned are to be carried out on behalf of the CMA by the group so constituted— (a) sections 134 to 138B, except for section 135(1); (b) sections 140B to 145, 148, 148A and 151; (c) sections 157 and 158; (d) section 159; (e) section 160, except for subsection (6) of that section; (f) section 161, except for subsection (5) of that section; (g) section 162(4), so far as relating to an enforcement undertaking or enforcement order made on behalf of the CMA by the group; (h) section 164(2)(b), so far as relating to an enforcement order made on behalf of the CMA by the group; (i) section 167, so far as relating to an enforcement undertaking or enforcement order made on behalf of the CMA by the group; (j) section 168; (k) section 169, so far as relating to a decision mentioned in paragraph (a)(iii) of the definition of relevant decision in subsection (6) of that section; (l) section 172, so far as relating to anything done on behalf of the CMA by the group; (m) section 174, where the permitted purpose in question relates to a function that (by virtue of this section) is being or is to be carried out on behalf of the CMA by the group; (n) sections 174A to 174D, so far as relating to a notice given under section 174 on behalf of the CMA by the group; (o) section 179(5)(b), so far as relating to a decision of the group; (p) Schedule 10, so far as relating to an enforcement undertaking or enforcement order which the group is considering accepting or making, or which the group has accepted or made, on behalf of the CMA. (2) Nothing in subsection (1) prevents the CMA Board from carrying out a function of the CMA under or by virtue of the following provisions of this Part where the group constituted as mentioned in subsection (1) has ceased to exist— (a) section 160 and Schedule 10, so far as relating to the making of an order under section 160; (b) sections 159 to 161 and Schedule 10, so far as relating to the variation, supersession or release of enforcement undertakings or the variation or revocation of enforcement orders; (c) section 162(4); (d) section 164(2)(b); (e) section 167.

167
  • (1) Section 134 (questions to be decided on market investigation references) is amended as follows.
  • (2) In subsections (1), (4), (6) and (7), for “Commission” (in each place where it occurs) substitute “ CMA ”.
  • (3) In subsection (8)(b), for “Commission, the Secretary of State or (as the case may be) the OFT” substitute “ CMA or (as the case may be) the Secretary of State ”.
168
  • (1) Section 135 (variation of references) is amended as follows.
  • (2) In subsection (1), for “OFT” substitute “ CMA ”.
  • (3) In subsection (2)—
  • (a) omit “OFT or (as the case may be) the”,
  • (b) for “Commission” substitute “ CMA ”, and
  • (c) after “reference” insert “ made by him ”.
  • (4) In subsection (3), for “Commission” substitute “ CMA ”.
169
  • (1) Section 136 (investigations and reports on market investigation references) is amended as follows.
  • (2) In subsections (1) to (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.
  • (3) For subsection (4) substitute—

(4) Where a reference has been made by the appropriate Minister under section 132 the CMA shall, at the same time as the report under this section is published, give it to the appropriate Minister.

  • (4) In subsection (5)—
  • (a) for “OFT” substitute “ CMA ”, and
  • (b) for “Commission” substitute “ CMA ”.
  • (5) Omit subsection (6).
170

In section 137 (time-limits for market investigations and reports), in subsections (1), (5) and (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.

171

In section 138 (duty to remedy adverse effects), in subsections (1) to (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.

172

In section 139 (public interest intervention by the Secretary of State), in subsection (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

173

In section 140 (intervention notices under section 139(1)), in subsection (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.

174

In section 141 (questions to be decided), in subsections (2) and (3) to (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.

175
  • (1) Section 142 (investigations and reports) is amended as follows.
  • (2) In subsections (2) and (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.

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