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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

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Reform history JSON API

(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

(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 ”.

(3) In the heading, for “Commission” substitute “ CMA ”.

176

In section 143 (publication etc. of reports), in subsections (1), (3) and (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.

177

In section 144 (time-limits for investigations and reports in public interest cases), in subsections (1), (4) and (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.

178

In section 145 (restrictions where public interest considerations not finalised), in subsections (1) to (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.

179

In section 146 (decision of Secretary of State), in subsections (2) to (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.

180

In section 147 (remedial action by Secretary of State), in subsections (3) and (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.

181

(1) Section 148 (reversion of the matter) is amended as follows.

(2) In subsections (1), (2), (6), (7) and (9), for “Commission” (in each place where it occurs) substitute “ CMA ”.

(3) In subsection (10), for “Commission's” substitute “CMA's”.

182

In section 149 (intervention notices under section 139(2)), in subsections (1) and (5), for “OFT” (in each place where it occurs) substitute “ CMA ”.

183

(1) Section 150 (power of veto of Secretary of State) is amended as follows.

(2) In subsections (1) and (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.

(3) In subsection (4), for “OFT's” substitute “CMA's”.

184

(1) Section 151 (further interaction of intervention notices with general procedure) is amended as follows.

(2) In subsection (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.

(3) In subsection (4), for “Commission” (in the first place where it occurs) substitute “ CMA ”.

(4) In subsection (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.

185

(1) Section 152 (certain duties in relation to providing information) is amended as follows.

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

(3) In subsection (3)—

(a) for “OFT and the Commission” substitute “ CMA ”, and

(b) for “OFT or (as the case may be) the Commission” substitute “ CMA ”.

(4) In the heading, for “OFT and Commission” substitute “ CMA ”.

186

In section 153 (specified considerations for purposes of Part 4), in subsection (4)—

(a) for “OFT” substitute “ CMA ”,

(b) for “by the Secretary of State,” substitute “ by the Secretary of State or ”, and

187

In section 154 (undertakings in lieu of market investigation references), in subsections (1) to (7), for “OFT” (in each place where it occurs) substitute “ CMA ”.

188

In section 155 (undertakings in lieu: procedural requirements), in subsections (1) to (4) and (6) to (9), for “OFT” (in each place where it occurs) substitute “ CMA ”.

189

In section 156 (effect of undertakings under section 154), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

190

In section 159 (final undertakings: Part 4), in subsections (1), (5) and (6) for “Commission” (in each place where it occurs) substitute “ CMA ”.

191

(1) Section 160 (order-making power where final undertakings not fulfilled: Part 4) is amended as follows.

(2) In subsection (1)(b), for “the relevant authority or the OFT” substitute “ a relevant person ”.

(3) After subsection (1) insert—

(1A) In subsection (1), a “relevant person” means— (a) in a case where the relevant authority is the CMA, the CMA; (b) in a case where the relevant authority is the Secretary of State, the Secretary of State or the CMA.

(4) In subsection (6), for the words from the beginning to “OFT” substitute “ The Secretary of State shall not vary or revoke an order made by him under this section unless the CMA ”.

(5) In subsection (7), in paragraph (a), for “Commission” (in each place where it occurs) substitute “ CMA ”.

192

(1) Section 161 (final orders: Part 4) is amended as follows.

(2) In subsection (1), for “Commission” substitute “ CMA ”.

(3) In subsection (5), for the words from the beginning to “OFT” substitute “ The Secretary of State shall not vary or revoke an order made by him under this section unless the CMA ”.

193

For the italic cross-heading before section 162 substitute “ Undertakings and orders: monitoring, consultation and advice ”.

194

(1) Section 162 (duty to monitor undertakings and orders: Part 4) 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)”,

(d) in paragraph (e), for “167(6) to (8)” substitute “ 167(6) and (7) ”.

(4) In subsection (4)—

(a) in the words before paragraph (a), for “OFT” substitute “ CMA ”, and

(b) after paragraph (b) (but before the “or” following it) insert—

(ba) any possible variation or release by it of an enforcement undertaking accepted by it; (bb) any possible new enforcement undertaking to be accepted by it so as to supersede another enforcement undertaking given to it; (bc) any possible variation or revocation by it of an enforcement order made by it; (bd) any possible enforcement undertaking to be accepted by it instead of an enforcement order or any possible enforcement order to be made by it instead of an enforcement undertaking;

(5) In subsections (5) and (6), for “OFT” (in each place where it occurs) substitute “ CMA ”.

(6) In subsection (7)—

(a) in the words before paragraph (a), for “OFT” substitute “ CMA ”,

(b) omit paragraph (a), and

(7) In the heading, for “OFT” substitute “ CMA ”.

195

(1) Section 163 (further role in relation to undertakings and orders: Part 4) is amended as follows.

(2) In subsection (1)—

(a) omit “the Commission or”, and

(b) omit “(in this section “the relevant authority”)”.

(3) In subsection (2)—

(a) for “relevant authority” (in each place where it occurs) substitute “ Secretary of State ”, and

(b) for “OFT” substitute “ CMA ”.

(4) In subsection (3)—

(a) for “relevant authority” (in each place where it occurs) substitute “ Secretary of State ”,

(b) for “OFT” substitute “ CMA ”, and

(5) In subsection (4)—

(a) for “OFT” substitute “ CMA ”, and

(b) for “relevant authority” substitute “ Secretary of State ”.

(6) In subsection (5)—

(a) for “relevant authority” (in each place where it occurs) substitute “ Secretary of State ”, and

(b) omit “itself”.

(7) In subsection (6)—

(a) for “relevant authority” substitute “ Secretary of State ”, and

(b) for “OFT” substitute “ CMA ”.

(8) For the heading substitute “ Role of CMA in relation to undertakings and orders in public interest cases: Part 4 ”.

196

(1) Section 166 (register of undertakings and orders: Part 4) 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 ”,

(b) in paragraph (a), omit “(whether by the Commission, the Secretary of State or a relevant sectoral regulator)”, and

(4) In subsection (4), for “OFT” substitute “ CMA ”.

(5) In subsection (5)—

(a) omit “Commission, the”, and

(b) for “OFT” substitute “ CMA ”.

(6) In subsections (6) and (7), for “OFT” (in each place where it occurs) substitute “ CMA ”.

197

(1) Section 167 (rights to enforce undertakings and orders under this Part) is amended as follows.

(2) In subsection (6), for “OFT” substitute “ CMA ”.

(3) In subsection (7)—

(a) after “accepted” insert “ by the Secretary of State ”,

(b) after “an order” insert “ made by the Secretary of State ”, and

(4) Omit subsection (8).

(5) In subsection (9), for “(6) to (8)” substitute “ (6) and (7) ”.

198

In section 168 (regulated markets), in subsections (1), (2), (6) and (7), for “Commission” (in each place where it occurs) substitute “ CMA ”.

199

In section 169 (certain duties of relevant authorities to consult: Part 4), in subsection (6)—

(a) in the definition of “relevant authority”, for “OFT, the appropriate Minister or the Commission” substitute “ CMA, the appropriate Minister ”,

(b) in the definition of “relevant decision”, in paragraph (a), in the opening words, for “OFT” (in each place where it occurs) substitute “ CMA ”,

; or— (iii) on the questions mentioned in section 134, 141 or 141A; and

, and

(d) also in that definition, omit paragraph (c) and the word “and” preceding it.

200

(1) Section 170 (general information duties) is amended as follows.

(2) Omit subsections (1) and (2).

(3) In subsection (3)—

(a) in the words before paragraph (a), for “OFT and the Commission” substitute “ CMA ”,

(b) in paragraph (a), for “their possession” substitute “ its possession ”, and

(4) In subsection (4), for “OFT” (in each place where it occurs) substitute “ CMA ”.

(5) In subsection (5), omit the words from the beginning to “and the Secretary of State” and insert “ The Secretary of State ”.

201

(1) Section 171 (advice and information: Part 4) 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

— (a) the making and consideration by it of market investigation references, 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)(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) omit “or (3)”, and

(b) for “OFT or (as the case may be) the Commission” substitute “ CMA ”.

(8) In subsection (8)—

(a) for “OFT or the Commission” substitute “ CMA ”, and

(b) for “OFT or (as the case may be) the Commission” substitute “ CMA ”.

(9) In subsection (9), for “OFT shall consult the Commission and such other persons” substitute “ CMA shall consult such persons ”.

(10) Omit subsection (10).

202

(1) Section 172 (further publicity requirements: Part 4) is amended as follows.

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

(3) In subsection (2), for “Commission shall” substitute “ CMA shall also ”.

(4) In subsection (10), for “Commission's” substitute “CMA's”.

203

In section 173 (defamation)—

(a) for “OFT” substitute “ CMA ”,

(b) for “by the Secretary of State,” substitute “ by the Secretary of State or ”, and

204

In section 174 (investigatory powers), in subsections (3) to (5), for “OFT” (in each place where it occurs) substitute “ CMA ”.

205

In section 177 (excisions from reports: Part 4), in subsections (1), (4) and (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.

206

(1) Section 178 (minority reports: Part 4) 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 ”.

207

In section 179 (review of decisions under Part 4), in subsection (1)—

(a) for “OFT” substitute “ CMA ”, and

(b) for “, the Secretary of State or the Commission” substitute “ or the Secretary of State ”.

208

In section 183 (interpretation of Part 4), in subsection (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.

209

(1) Section 184 (index of defined expressions: Part 4) 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 in the table for “Reports of the Commission”, for “Commission” substitute “ CMA ”.

Part 6

210

In section 190 (cartel offence: prosecution), in subsections (2)(b) and (4), for “OFT” substitute “ CMA ”.

211

In section 192 (investigation of cartel offences), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

212

In section 193 (powers when conducting an investigation), in subsections (1) to (4), for “OFT” (in each place where it occurs) substitute “ CMA ”.

213

In section 194 (power to enter premises under a warrant), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

214

In section 195 (exercise of powers by authorised person), in subsection (1), for “OFT” (in both places where it occurs) substitute “ CMA ”.

215

In section 196 (privileged information etc), in subsection (2)(b), for “OFT” substitute “ CMA ”.

216

In section 201 (offences), in subsection (4)(a), for “OFT” substitute “ CMA ”.

Part 11

217

(1) Section 273 (interpretation) is amended as follows.

(2) For the definition of “the Commission” substitute—

“the CMA” means the Competition and Markets Authority;

(3) Omit the definition of “the OFT”.

PART 3 — Abolition of the Competition Commission

Amendments of the 1998 Act

218

The 1998 Act is amended as follows.

219

In the heading of Chapter 4 of Part 1, omit “The Competition Commission and”.

220

Omit section 45 (establishment of Competition Commission) and the cross- heading preceding it.

221

In section 59 (interpretation of Part 1), in subsection (1), in the definition of “the Commission”, omit “(except in relation to the Competition Commission)”.

222

Omit Schedule 7 (Competition Commission).

223

Omit Schedule 7A (Competition Commission: procedural rules for mergers and markets refinances).

Amendments of the 2002 Act

224

The 2002 Act is amended as follows.

225

Omit sections 185 to 187 (the Competition Commission).

226

In Schedule 3 (the Competition Service), omit Part 2 (transfers of property etc between the Competition Commission and the Competition Service).

227

Omit Schedule 11 (the Competition Commission).

228

Omit Schedule 12 (Competition Commission: certain procedural rules).

PART 4 — Abolition of the Office of Fair Trading

229

Omit sections 1 to 4 of, and Schedule 1 to, the 2002 Act (which make provision about the establishment of the Office of Fair Trading), and the italic cross-heading preceding section 1.

SCHEDULE 6

PART 1 — Amendments to Acts

Competition Act 1980 (c. 21)

1

The Competition Act 1980 is amended as follows.

2

(1) Section 11 (reference of public bodies and certain other persons to the Commission) is amended as follows.

(2) In subsections (1), (5), (6), (8) and (10), for “Commission” (in each place where it occurs) substitute “ CMA ” .

(3) After subsection (10) insert—

(10A) The functions of the CMA with respect to a reference under this section (including functions under sections 109 to 115 of the Enterprise Act 2002, as applied by section 11B) are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013.

(4) In the heading, for “Commission” substitute “ CMA ”.

3

In section 11A (references under section 11: time-limits), in subsections (2) and (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.

4

(1) Section 11C (references under section 11: further supplementary provisions) is amended as follows.

(2) In subsection (1), for the words from “the words” to the end, substitute

— (a) the words “, OFCOM or the Secretary of State” were omitted, and (b) for the words “their functions” there were substituted “ its functions ”.

(3) In subsection (3)—

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

(b) for the words from “in connection with” to the end, substitute “ by the chair of the CMA for the purpose of carrying out the functions of the CMA with respect to the reference ”.

5

In section 12 (orders following report under section 11), in subsections (1) to (3) and (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.

6

In section 16 (general provisions as to reports), in subsection (2), for “Commission” substitute “ CMA ”.

7

In section 17 (laying before Parliament and publication of reports), in subsection (6), for “Commission” substitute “ CMA ”.

8

In section 33 (short title, interpretation, etc), in subsection (2), for “ “the Commission”” substitute “ “the CMA” ”.

Solicitors (Scotland) Act 1980 (c. 46)

9

The Solicitors (Scotland) Act 1980 is amended as follows.

10

In section 25A (rights of audience in the Court of Session etc), in subsections (9) and (11), for “Director” (in each place where it occurs) substitute “ CMA ”.

11

(1) Section 64A (advisory and supervisory functions) is amended as follows.

(2) In subsections (1) and (2), for “Director” (in each place where it occurs) substitute “ CMA ”.

(3) In subsection (3)—

(a) for “Director has completed his consideration he” substitute “ CMA has completed its consideration, the CMA ”, and

(b) for “he thinks” substitute “ it thinks ”.

(4) In subsection (4), for “The Director may publish any advice given by him” substitute “ The CMA may publish advice given ”.

(5) In subsection (5)—

(a) for “Director” substitute “ CMA ”, and

(b) for “Director's” substitute “CMA's”.

(6) In subsection (6), for “Director” substitute “ CMA ”.

(7) In the heading, for “Director General of Fair Trading” substitute “ Competition and Markets Authority ”.

12

(1) Section 64C (investigatory powers) is amended as follows.

(2) In subsection (1)—

(a) for “Director” substitute “ CMA ”, and

(b) for “him” (in each place where it occurs) substitute “ the CMA ”.

(3) After subsection (2) insert—

(2A) A notice under this section may be issued on the CMA's behalf by any member of the CMA Board.

(4) In the heading, for “Director” substitute “ Competition and Markets Authority ”.

13

In section 64CA (enforcement of notices under section 64C), in subsections (1) and (2), for “Office of Fair Trading” (in each place where it occurs) substitute “ CMA ”.

14

(1) In section 65 (interpretation), in subsection (1)—

(a) before the definition of “the Council” insert—

“the CMA” means the Competition and Markets Authority; “the CMA Board” has the same meaning as in Schedule 4 to the Enterprise and Regulatory Reform Act 2013;”, and

(b) omit the definition of “the Director”.

Gas Act 1986 (c. 44)

15

The Gas Act 1986 is amended as follows.

16

(1) Section 23B (appeals) is amended as follows.

(2) In subsection (1), for “Competition Commission (“the Commission”)” substitute “ CMA ”.

(3) In subsections (3) and (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.

(4) In the heading, for “Competition Commission” substitute “ CMA ”.

17

(1) Section 23C (procedure on appeal) is amended as follows.

(2) Omit subsection (1).

(3) In subsection (2), omit “Instead,”.

(4) After subsection (2) insert—

(2A) Except where specified otherwise in Schedule 4A, the functions of the CMA with respect to an appeal under section 23B are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013.

(5) In the heading, for “Commission” substitute “ CMA ”.

18

(1) Section 23D (determination of appeal) is amended as follows.

(2) In subsections (2) to (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.

(3) In the heading, for “Commission” substitute “ CMA ”.

19

(1) Section 23E (powers on allowing appeal) is amended as follows.

(2) In subsection (1), for “Commission” substitute “ CMA ”.

(3) In subsection (2)—

(a) for “Commission” (in each place where it occurs) substitute “ CMA ”, and

(b) for “Commission's” substitute “CMA's”.

(4) In subsection (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.

(5) In subsection (7), for “Commission's” substitute “CMA's”.

(6) In the heading, for “Commission's” substitute “CMA's”.

20

(1) Section 23F (time limits for determination of appeal) is amended as follows.

(2) In subsections (1), (3) to (5) and (7), for “Commission” (in each place where it occurs) substitute “ CMA ”.

(3) In the heading, for “Commission” substitute “ CMA ”.

21

(1) Section 23G (supplementary provision about determination of appeal) is amended as follows.

(2) In subsection (1), for “Commission” (in each place where it occurs) substitute “ CMA ”.

(3) In subsection (2)—

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

(b) for “Commission's” (in each place where it occurs) substitute “CMA's”.

(4) In subsection (3), for “Commission” substitute “ CMA ”.

(5) In the heading, for “Commission” substitute “ CMA ”.

22

In section 27 (modification by order under other enactments), in subsection (1), for “Office of Fair Trading, the Competition Commission” substitute “ CMA ”.

23

(1) Section 41D (application by Authority for order including new activities) is amended as follows.

(2) In subsection (3), for the words from “shall” to the end, substitute “ shall, before making the application, make a reference under section 41E to the CMA ”.

(3) In subsections (4) and (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.

(4) After subsection (6), insert—

(7) The functions of the CMA with respect to a reference under section 41E (including functions under sections 109 to 115 of the Enterprise Act 2002, as applied by section 41EB) are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013.

24

(1) Section 41E (references) is amended as follows.

(2) In subsection (1)—

(a) for “Competition Commission” substitute “ CMA ”, and

(b) for “the Commission” substitute “ the CMA ”.

(3) In subsections (2), (3), (5) and (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.

(4) In the heading, for “Competition Commission” substitute “ CMA ”.

25

In section 41EA (references under section 41E: time limits), in subsections (2) and (3), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

26

In section 41EB (references under section 41E: application of the Enterprise Act 2002), in subsection (4)—

(a) for “Competition Commission” substitute “ CMA ”, and

(b) for the words from “the words” to the end, substitute

— (a) the words “, OFCOM or the Secretary of State” were omitted; and (b) for the words “their functions” there were substituted “ its functions ”.

27

(1) Section 41F (reports on references) is amended as follows.

(2) In subsection (1), for “Competition Commission” substitute “ CMA ”.

(3) In subsections (2) and (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.

(4) In subsection (3A)—

(a) for “Competition Commission” substitute “ CMA ”, and

(b) for the words from “in connection with” to the end, substitute “ by the chair of the CMA for the purpose of carrying out the functions of the CMA with respect to the reference ”.

(5) In subsections (3B) to (4C), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

(6) In subsection (5), for “Commission” substitute “ CMA ”.

28

In section 48 (interpretation of Part 1), in subsection (1), after the definition of “calorific value” insert—

“the CMA” means the Competition and Markets Authority;

29

(1) Schedule 4A (procedure for appeals under section 23B) is amended as follows.

(2) In paragraph 1—

(a) in sub-paragraphs (1) and (7), for “Commission” (in each place where it occurs) substitute “ CMA ”,

(b) in sub-paragraph (8)—

(i) for “Commission's” substitute “CMA's”, and

(ii) for “Commission” substitute “ CMA ”,

(i) for “deciding” substitute “ the authorised member decides ”, and

(ii) for “the Commission must give the Authority” substitute “ the Authority must be given ”,

(d) in sub-paragraph (10), for “Commission's” substitute “CMA's”,

(e) in sub-paragraph (12), for “the Commission must” substitute “ an authorised member of the CMA must ”, and

(f) in sub-paragraph (13)—

(i) for “of the Commission” substitute “ of the CMA ”, and

(ii) for “as the Commission” substitute “ as an authorised member of the CMA ”.

(3) In paragraph 2—

(a) in sub-paragraph (1), for “Commission” substitute “ CMA ”,

(b) in sub-paragraph (2)(b), for “the Commission has given the Authority” substitute “ the Authority has been given ”,

(d) in sub-paragraph (4), for “Commission” substitute “ CMA ”,

(e) in sub-paragraph (5)—

(i) for “Commission's” substitute “CMA's”, and

(ii) for “Commission” substitute “ CMA ”, and

(f) in sub-paragraph (6)—

(i) in paragraph (a), for “Commission” substitute “ CMA ”, and

(ii) in paragraph (b), for “the Commission” substitute “ an authorised member of the CMA ”.

(4) In paragraph 3, in sub-paragraphs (1) and (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.

(5) In paragraph 4—

(a) omit sub-paragraph (1),

(b) in sub-paragraph (2)—

(i) after “group” insert “ constituted by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 for the purpose of carrying out functions of the CMA with respect to an appeal under section 23B ”, and

(ii) for “Commission” substitute “ CMA panel ”,

(d) in sub-paragraph (8), for “a group” substitute “ the group ”.

(6) In paragraph 5, in sub-paragraph (1)—

(a) for “The group with the function of determining an appeal” substitute “ The CMA ”, and

(b) for “determination of the appeal” substitute “ determination of an appeal ”.

(7) In paragraph 6—

(a) in sub-paragraph (1), for “Commission” (in each place where it occurs) substitute “ CMA ”,

(b) in sub-paragraph (4)—

(i) for “The Commission may take copies” substitute “ An authorised member of the CMA may, for the purpose of the exercise of the functions of the CMA, make arrangements for copies to be taken ”, and

(ii) omit “to it”, and

(c) in sub-paragraph (5), in paragraph (a), for the words from “Commission's” to the end of paragraph (a), substitute “ CMA's behalf by an authorised member of the CMA ”.

(8) In paragraph 7—

(a) in sub-paragraph (2), for “Commission” substitute “ CMA ”,

(b) in sub-paragraph (5)(a), for “the Commission is not required” substitute “ there is no requirement ”,

(c) in sub-paragraph (7), for “the Commission must pay that person” substitute “ an authorised member of the CMA must arrange for that person to be paid ”, and

(d) in sub-paragraph (8), for the words from “Commission's” to the end, substitute “ CMA's behalf by an authorised member of the CMA ”.

(9) In paragraph 8—

(a) in sub-paragraph (1), for “Commission” substitute “ CMA ”, and

(b) in sub-paragraph (4), for the words from “Commission's” to the end, substitute “ CMA's behalf by an authorised member of the CMA ”.

(10) In paragraph 9, for “Commission” substitute “ CMA ”.

(11) In paragraph 10, in sub-paragraph (1), for “a member of the Commission” substitute “ an authorised member of the CMA ”.

(12) In paragraph 11, in sub-paragraphs (1), (3) and (4), for “Commission” (in each place where it occurs) substitute “ CMA Board ”.

(13) In paragraph 12, in sub-paragraphs (1) and (2), for “Commission” (in each place where it occurs) substitute “ CMA ”.

(14) In paragraph 13, in sub-paragraph (1)—

(a) for the definition of “authorised member of the Commission” substitute—

“authorised member of the CMA”— (a) in relation to a power exercisable in connection with an appeal in respect of which a group has been constituted by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, means a member of that group who has been authorised by the chair of the CMA to exercise that power; (b) in relation to a power exercisable in connection with an application for permission to bring an appeal, or otherwise in connection with an appeal in respect of which a group has not been so constituted by the chair of the CMA, means— (i) any member of the CMA Board who is also a member of the CMA panel, or (ii) any member of the CMA panel authorised by the Secretary of State (whether generally or specifically) to exercise the power in question.

(b) omit the definition of “the Chairman”,

“CMA Board” and “CMA panel” have the same meaning as in Schedule 4 to the Enterprise and Regulatory Reform Act 2013;

, and

(d) omit the definition of a “group”.

Electricity Act 1989 (c. 29)

30

The Electricity Act 1989 is amended as follows.

31

(1) Section 11C (appeals) is amended as follows.

(2) In subsection (1), for “Competition Commission (“the Commission”)” substitute “ CMA ”.

(3) In subsections (3) and (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.

(4) In the heading, for “Competition Commission” substitute “ CMA ”.

32

(1) Section 11D (procedure on appeal) is amended as follows.

(2) Omit subsection (1).

(3) In subsection (2), omit “Instead,”.

(4) After subsection (2) insert—

(2A) Except where specified otherwise in Schedule 5A, the functions of the CMA with respect to an appeal under section 11C are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013.

(5) In the heading, for “Commission” substitute “ CMA ”.

33

(1) Section 11E (determination of appeal) is amended as follows.

(2) In subsections (2) to (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.

(3) In the heading, for “Commission” substitute “ CMA ”.

34

(1) Section 11F (powers on allowing appeal) is amended as follows.

(2) In subsection (1), for “Commission” substitute “ CMA ”.

(3) In subsection (2)—

(a) for “Commission” (in each place where it occurs) substitute “ CMA ”, and

(b) for “Commission's” substitute “CMA's”.

(4) In subsection (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.

(5) In subsection (7), for “Commission's” substitute “CMA's”.

(6) In the heading, for “Commission's” substitute “CMA's”.

35

(1) Section 11G (time limits for determination of appeal) is amended as follows.

(2) In subsection (1), for “Commission” substitute “ CMA ”.

(3) In subsections (3) to (5) and (7), for “Commission” (in each place where it occurs) substitute “ CMA ”.

(4) In the heading, for “Commission” substitute “ CMA ”.

36

(1) Section 11H (supplementary provision about determination of appeal) is amended as follows.

(2) In subsection (1), for “Commission” (in each place where it occurs) substitute “ CMA ”.

(3) In subsection (2)—

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

(b) for “Commission's” (in each place where it occurs) substitute “CMA's”.

(4) In subsection (3), for “Commission” substitute “ CMA ”.

(5) In the heading, for “Commission” substitute “ CMA ”.

37

In section 15 (modification by order under other enactments), in subsection (1) for “Office of Fair Trading, the Competition Commission” substitute “ CMA ”.

38

(1) Section 56B (application for order including new activities) is amended as follows.

(2) In subsection (3), for the words from “shall” to the end, substitute “ shall, before making the application, make a reference under section 56C to the CMA ”.

(3) In subsections (4) and (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.

(4) After subsection (6), insert—

(7) The functions of the CMA with respect to a reference under section 56C (including functions under sections 109 to 115 of the Enterprise Act 2002, as applied by section 56CB) are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013.

39

(1) Section 56C (references) is amended as follows.

(2) In subsection (1)—

(a) for “Competition Commission” substitute “ CMA ”, and

(b) for “the Commission” substitute “ the CMA ”.

(3) In subsections (2), (3), (5) and (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.

(4) In the heading, for “Competition Commission” substitute “ CMA ”.

40

In section 56CA (references under section 56C: time limits), in subsections (2) and (3), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

41

In section 56CB (references under section 56C: application of Enterprise Act 2002), in subsection (4)—

(a) for “Competition Commission” substitute “ CMA ”, and

(b) for the words from “the words” to the end, substitute

— (a) the words “, OFCOM or the Secretary of State” were omitted; and (b) for the words “their functions” there were substituted “ its functions ”.

42

(1) Section 56D (reports on references) is amended as follows.

(2) In subsection (1), for “Competition Commission” substitute “ CMA ”.

(3) In subsections (2) and (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.

(4) In subsection (3A)—

(a) for “Competition Commission” substitute “ CMA ”, and

(b) for the words from “in connection with” to the end, substitute “ by the chair of the CMA for the purpose of carrying out the functions of the CMA with respect to the reference ”.

(5) In subsections (3B) to (4C), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

(6) In subsection (5), for “Commission” substitute “ CMA ”.

43

In section 64 (interpretation etc of Part 1), in subsection (1), after the definition of “authorised supplier” insert—

“the CMA” means the Competition and Markets Authority;

44

(1) Schedule 5A (procedure for appeals under section 11C) is amended as follows.

(2) In paragraph 1—

(a) in sub-paragraphs (1) and (7), for “Commission” (in each place where it occurs) substitute “ CMA ”,

(b) in sub-paragraph (8)—

(i) for “Commission's” substitute “CMA's”, and

(ii) for “Commission” substitute “ CMA ”,

(i) for “deciding” substitute “ the authorised member decides ”, and

(ii) for “the Commission must give the Authority” substitute “ the Authority must be given ”,

(d) in sub-paragraph (10), for “Commission's” substitute “CMA's”,

(e) in sub-paragraph (12), for “the Commission must” substitute “ an authorised member of the CMA must ”, and

(f) in sub-paragraph (13)—

(i) for “of the Commission” substitute “ of the CMA ”, and

(ii) for “as the Commission” substitute “ as an authorised member of the CMA ”.

(3) In paragraph 2—

(a) in sub-paragraph (1) for “Commission” substitute “ CMA ”,

(b) in sub-paragraph (2)(b), for “the Commission has given the Authority” substitute “ the Authority has been given ”,

(d) in sub-paragraph (4), for “Commission” substitute “ CMA ”,

(e) in sub-paragraph (5)—

(i) for “Commission's” substitute “CMA's”, and

(ii) for “Commission” substitute “ CMA ”, and

(f) in sub-paragraph (6)—

(i) in paragraph (a), for “Commission” substitute “ CMA ”, and

(ii) in paragraph (b), for “the Commission” substitute “ an authorised member of the CMA ”.

(4) In paragraph 3, in sub-paragraphs (1) and (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.

(5) In paragraph 4—

(a) omit sub-paragraph (1),

(b) in sub-paragraph (2)—

(i) after “group” insert “ constituted by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 for the purpose of carrying out functions of the CMA with respect to an appeal under section 11C ”, and

(ii) for “Commission” substitute “ CMA panel ”,

(d) in sub-paragraph (8), for “a group” substitute “ the group ”.

(6) In paragraph 5, in sub-paragraph (1)—

(a) for “The group with the function of determining an appeal” substitute “ The CMA ”, and

(b) for “determination of the appeal” substitute “ determination of an appeal ”.

(7) In paragraph 6—

(a) in sub-paragraph (1), for “Commission” (in each place where it occurs) substitute “ CMA ”,

(b) in sub-paragraph (4)—

(i) for “The Commission may take copies” substitute “ An authorised member of the CMA may, for the purpose of the exercise of the functions of the CMA, make arrangements for copies to be taken ”, and

(ii) omit “to it”, and

(c) in sub-paragraph (5), in paragraph (a), for the words from “Commission's” to the end of paragraph (a), substitute “ CMA's behalf by an authorised member of the CMA ”.

(8) In paragraph 7—

(a) in sub-paragraph (2), for “Commission” substitute “ CMA ”,

(b) in sub-paragraph (5)(a), for “the Commission is not required” substitute “ there is no requirement ”,

(c) in sub-paragraph (7), for “the Commission must pay that person” substitute “ an authorised member of the CMA must arrange for that person to be paid ”, and

(d) in sub-paragraph (8), for the words from “Commission's” to the end, substitute “ CMA's behalf by an authorised member of the CMA ”.

(9) In paragraph 8—

(a) in sub-paragraph (1), for “Commission” substitute “ CMA ”, and

(b) in sub-paragraph (4), for the words from “Commission's” to the end, substitute “ CMA's behalf by an authorised member of the CMA ”.

(10) In paragraph 9, for “Commission” substitute “ CMA ”.

(11) In paragraph 10, in sub-paragraph (1), for “a member of the Commission” substitute “ an authorised member of the CMA ”.

(12) In paragraph 11, in sub-paragraphs (1), (3) and (4), for “Commission” (in each place where it occurs) substitute “ CMA Board ”.

(13) In paragraph 12, in sub-paragraphs (1) and (2), for “Commission” (in each place where it occurs) substitute “ CMA ”.

(14) In paragraph 13, in sub-paragraph (1)—

(a) for the definition of “authorised member of the Commission” substitute—

“authorised member of the CMA”— (a) in relation to a power exercisable in connection with an appeal in respect of which a group has been constituted by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, means a member of that group who has been authorised by the chair of the CMA to exercise that power; (b) in relation to a power exercisable in connection with an application for permission to bring an appeal, or otherwise in connection with an appeal in respect of which a group has not been so constituted by the chair of the CMA, means— (i) any member of the CMA Board who is also a member of the CMA panel, or (ii) any member of the CMA panel authorised by the Secretary of State (whether generally or specifically) to exercise the power in question.

(b) omit the definition of “the Chairman”,

“CMA Board” and “CMA panel” have the same meaning as in Schedule 4 to the Enterprise and Regulatory Reform Act 2013;

, and

(d) omit the definition of a “group”.

Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40)

45

The Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 is amended as follows.

46

In section 26 (consideration of applications made under section 25), in subsection (3), for “Director” substitute “ CMA ”.

47

In section 31 (rules of conduct), in subsection (2), for “Director” (in each place where it occurs) substitute “ CMA ”.

48

(1) Section 40 (advisory and supervisory functions of Director) is amended as follows.

(2) In subsections (1) and (2), for “Director” (in each place where it occurs) substitute “ CMA ”.

(3) In subsection (3)—

(a) for “Director has completed his consideration he” substitute “ CMA has completed its consideration it ”, and

(b) for “as he” substitute “ as it ”.

(4) In subsection (4), for “The Director may publish any advice given by him” substitute “ The CMA may publish any advice given ”.

(5) In subsection (5)—

(a) for “Director” substitute “ CMA ”, and

(b) for “Director's” substitute “CMA's”.

(6) In the heading, for “Director” substitute “ CMA ”.

49

(1) Section 41 (investigatory powers of Director) is amended as follows.

(2) In subsection (1)—

(a) for “Director” substitute “ CMA ”, and

(b) in paragraphs (a) and (b), for “him” in each place substitute “ the CMA ”.

(3) In the heading, for “Director” substitute “ CMA ”.

50

In section 41A (enforcement of notices under section 41), in subsections (1) and (2), for “Office of Fair Trading” (in each place where it occurs) substitute “ CMA ”.

51

In section 44 (interpretation of Part 2)—

(a) after the definition of “advocate” insert—

“the CMA” means the Competition and Markets Authority;

, and

(b) omit the definition of “the OFT”.

Water Industry Act 1991 (c. 56)

52

The Water Industry Act 1991 is amended as follows.

53

(1) Section 12 (determinations under conditions of appointment) is amended as follows.

(2) In subsection (2)—

(a) for “Competition Commission” substitute “ CMA ”, and

(b) for “the Commission” substitute “ the CMA ”.

(3) In subsection (3)—

(a) for “Competition Commission” substitute “ CMA ”, and

(b) for “that Commission” (in each place where it occurs) substitute “ the CMA ”.

(4) In subsection (3A), for “Commission” (in each place where it occurs) substitute “ CMA ”.

(5) In subsections (3B) and (3C), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

(6) After subsection (3C) insert—

(3D) The functions of the CMA with respect to a reference under this section are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (including functions relating to the making of modifications following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act 2002, as applied by subsection (3B) read with section 16B).

54

(1) Section 14 (modification references) is amended as follows.

(2) In subsection (1)—

(a) for “Competition Commission” substitute “ CMA ”, and

(b) for “the Commission” substitute “ the CMA ”.

(3) In subsection (2)—

(a) for “Competition Commission” substitute “ CMA ”, and

(b) for “the Commission” substitute “ the CMA ”.

(4) In subsection (3), for “Competition Commission” substitute “ CMA ”.

(5) In subsection (5)—

(a) for “Competition Commission” substitute “ CMA ”, and

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

(6) In subsection (6), for “Competition Commission” substitute “ CMA ”.

(7) After subsection (6) insert—

(6A) The functions of the CMA with respect to a reference under this section are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (including functions relating to the making of modifications following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act 2002, as applied by sections 14B and 16B).

(8) In the heading, for “Monopolies Commission” substitute “ CMA ”.

55

In section 14A (references under section 14: time limits), in subsections (2) and (3), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

56

(1) Section 15 (reports on modification references) is amended as follows.

(2) In subsection (1), for “Competition Commission” substitute “ CMA ”.

(3) In subsection (1A)—

(a) for “Competition Commission” substitute “ CMA ”, and

(b) for the words from “in connection with the reference” to the end, substitute “ by the chair of the CMA for the purpose of carrying out the functions of the CMA with respect to the reference ”.

(4) In subsections (1B), (3) to (3C) and (4), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

57

In section 16 (modification following report), in subsections (1) and (4A), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

58

(1) Section 16A (power of veto following report) is amended as follows.

(2) In subsection (1), for the words from the beginning to “the Commission”)” substitute “ The CMA ”.

(3) In subsections (2) to (9), for “Commission” (in each place where it occurs) substitute “ CMA ”.

(4) Omit subsection (10).

(5) In the heading, for “Commission's” substitute “CMA's”.

59

(1) Section 16B (power of veto following report: supplementary) is amended as follows.

(2) In subsections (2) to (4), (6) and (8), for “Commission” (in each place where it occurs) substitute “ CMA ”.

(3) In the heading, for “Commission's” substitute “CMA's”.

60

In section 17 (modification by order under other enactments), in subsection (1), for “OFT, the Competition Commission” substitute “ CMA ”.

61

(1) Section 17K (water supply licences: modification references) is amended as follows.

(2) In subsection (1)—

(a) for the words from “Competition Commission” to “the Commission”)” substitute “ CMA ”, and

(b) for “Commission to” substitute “ CMA to ”.

(3) In subsections (2) to (4), (6), (7) and (9), for “Commission” (in each place where it occurs) substitute “ CMA ”.

(4) After subsection (9) insert—

(10) The functions of the CMA with respect to a reference under this section are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (including functions relating to the making of modifications following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act 2002, as applied by sections 17M and 17Q).

(5) In the heading, for “Competition Commission” substitute “ CMA ”.

62

In section 17L (references under section 17K: time limits), in subsections (2) and (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.

63

(1) Section 17N (water supply licences: reports on modification references) is amended as follows.

(2) In subsection (1), for “Commission” substitute “ CMA ”.

(3) In subsection (2)—

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

(b) for the words from “in connection with” to the end substitute “ by the chair of the CMA for the purpose of carrying out the functions of the CMA with respect to the reference ”.

(4) In subsections (3) to (7) and (9), for “Commission” (in each place where it occurs) substitute “ CMA ”.

64

In section 17O (water supply licences: modification following report), in subsections (1) and (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.

65

(1) Section 17P (water supply licences: power of veto following report) is amended as follows.

(2) In subsections (1) to (8) and (10) and (11), for “Commission” (in each place where it occurs) substitute “ CMA ”.

(3) In the heading, for “Commission's” substitute “CMA's”.

66

(1) Section 17Q (section 17P: supplementary) is amended as follows.

(2) In subsections (2) to (4), (6) and (8), for “Commission” (in each place where it occurs) substitute “ CMA ”.

67

In section 17R (water supply licences: modification by order under other enactments), in subsection (1), for “OFT, the Commission” substitute “ CMA ”.

68

In section 219 (general interpretation), in subsection (1)—

(a) after the definition of “the Authority” insert—

(b) omit the definition of “the OFT”.

Railways Act 1993 (c. 43)

69

The Railways Act 1993 is amended as follows.

70

(1) Section 13 (modification references) is amended as follows.

(2) In subsection (1)—

(a) for “Competition Commission” substitute “ CMA ”, and

(b) for “the Commission” substitute “ the CMA ”.

(3) In subsection (2)—

(a) for “Competition Commission” substitute “ CMA ”, and

(b) for “the Commission” substitute “ the CMA ”.

(4) In subsection (3), for “Competition Commission” substitute “ CMA ”.

(5) In subsection (5)—

(a) for “Competition Commission” substitute “ CMA ”, and

(b) for “the Commission” substitute “ the CMA ”.

(6) In subsection (6)—

(a) for “Competition Commission” substitute “ CMA ”, and

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

(7) In subsection (7), for “Competition Commission” substitute “ CMA ”.

(8) After subsection (9) insert—

(10) The functions of the CMA with respect to a reference under this section are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (including functions relating to the making of modifications following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act 2002, as applied by sections 13B and 15C).

(9) In the heading, for “Monopolies Commission” substitute “ CMA ”.

71

In section 13A (references under section 13: time limits), in subsections (2) and (3), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

72

(1) In section 13B (application of Enterprise Act 2002), in subsection (4)—

(a) for “Competition Commission” substitute “ CMA ”, and

(b) for the words from “the words” to the end, substitute

— (a) the words “, OFCOM or the Secretary of State” were omitted; and (b) for the words “their functions” there were substituted “ its functions ”.

73

(1) Section 14 (reports on modification references) is amended as follows.

(2) In subsection (1), for “Competition Commission” substitute “ CMA ”.

(3) In subsection (1A)—

(a) for “Competition Commission” substitute “ CMA ”, and

(b) for the words from “in connection with” to the end substitute “ by the chair of the CMA for the purpose of carrying out the functions of the CMA with respect to the reference ”.

(4) In subsections (1B), (3) to (3C) and (4), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

74

In section 15 (modification following report), in subsections (1), (4A), (4C) and (4D), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

75

(1) Section 15A (power to veto modifications following report) is amended as follows.

(2) In subsections (1) to (5), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

(3) In the heading, for “Competition Commission's” substitute “CMA's”.

76

(1) Section 15B (making of modifications) is amended as follows.

(2) In subsections (1) to (5), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

(3) In the heading, for “Competition Commission” substitute “ CMA ”.

77

(1) Section 15C (sections 15A and 15B: supplementary) is amended as follows.

(2) In subsections (2) to (2B) and (2D), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

(3) In subsection (2F), for “Commission” (in each place where it occurs) substitute “ CMA ”.

(4) In subsection (2G)—

(a) for “Competition Commission” substitute “ CMA ”, and

(b) for the words from “the words” to the end, substitute

— (a) the words “, OFCOM or the Secretary of State” were omitted; and (b) for the words “their functions” there were substituted “ its functions ”.

(5) In subsections (3) and (4), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

78

In section 16 (modification by order under other enactments), in subsection (1), for “OFT, the Competition Commission” substitute “ CMA ”.

79

(1) Section 74 (annual and other reports) is amended as follows.

(2) In subsection (1)(b), for “Competition Commission's” substitute “CMA's”.

(3) Omit subsection (7).

80

In section 83 (interpretation of Part 1), in subsection (1)—

(a) before the definition of “cross-border service” insert—

(b) omit the definition of “the OFT”.

81

(1) Schedule 4A (review of access charges by regulators) is amended as follows.

(2) In the italic cross-heading preceding paragraph 8, for “Competition Commission reference” substitute “ reference to CMA ”.

(3) In paragraph 8, in sub-paragraph (2)(b), for “Competition Commission” substitute “ CMA ”.

(4) In the italic cross-heading preceding paragraph 9, for “Competition Commission” substitute “ CMA ”.

(5) In paragraph 9—

(a) in sub-paragraphs (1), (3) to (5), and (6A) to (9), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”, and

(b) after sub-paragraph (9), insert—

(10) The functions of the CMA with respect to a reference under this paragraph are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (including functions relating to the making of changes following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act 2002, as applied by paragraphs 10A and 15).

(6) In paragraph 10A, in sub-paragraph (4)—

(a) for “Competition Commission” substitute “ CMA ”, and

(b) for the words from “the words” to the end, substitute

— (a) the words “, OFCOM or the Secretary of State” were omitted; and (b) for the words “their functions” there were substituted “ its functions ”.

(7) In paragraph 11—

(a) in sub-paragraph (1), for “Competition Commission” substitute “ CMA ”,

(b) in sub-paragraph (4A)—

(i) for “Competition Commission” substitute “ CMA ”, and

(ii) for the words from “in connection with” to the end substitute “ by the chair of the CMA for the purpose of carrying out the functions of the CMA with respect to the reference ”, and

(c) in sub-paragraphs (4B) to (5C) and (6), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

(8) In paragraph 12, in sub-paragraphs (1), (4B), (5), (8) and (9), for “Competition Commission” substitute “ CMA ”.

(9) In the italic cross-heading preceding paragraph 13, for “Competition Commission's” substitute “CMA's”.

(10) In paragraph 13, in sub-paragraphs (1) to (5), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

(11) In the italic cross-heading preceding paragraph 14, for “Competition Commission” substitute “ CMA ”.

(12) In paragraph 14, in sub-paragraphs (1) to (3) and (5) and (6), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

(13) In paragraph 15—

(a) in sub-paragraphs (2) to (2B) and (2D), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”,

(b) in sub-paragraph (2F), for “Commission” (in each place where it occurs) substitute “ CMA ”,

(i) for “Competition Commission” substitute “ CMA ”, and

(ii) for the words from “the words” to the end, substitute

— (a) the words “, OFCOM or the Secretary of State” were omitted; and (b) for the words “their functions” there were substituted “ its functions ”.

, and

(d) in sub-paragraphs (3) and (4), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

Utilities Act 2000 (c. 27)

82

The Utilities Act 2000 is amended as follows.

83

(1) Section 5 (annual and other reports of Authority) is amended as follows.

(2) In subsection (1)(b), for “Competition Commission” substitute “ Competition and Markets Authority ”.

(3) Omit subsection (9).

84

Section 104 (specialist members of the Competition Commission) is omitted.

Transport Act 2000 (c. 38)

85

The Transport Act 2000 is amended as follows.

86

(1) Section 12 (references) is amended as follows.

(2) In subsection (1)—

(a) for “Competition Commission” substitute “ Competition and Markets Authority (referred to in this Chapter as “the CMA”) ”, and

(b) for “the Commission” substitute “ the CMA ”.

(3) In subsections (2), (3) and (5) to (8), for “Commission” (in each place where it occurs) substitute “ CMA ”.

(4) After subsection (8) insert—

(8A) The functions of the CMA with respect to a reference under this section are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (including functions relating to the making of modifications following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act 2002, as applied by sections 12B and 18).

(5) In the heading, for “Competition Commission” substitute “ Competition and Markets Authority ”.

87

In section 12A (references under section 12: time limits), in subsections (2) and (3), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

88

In section 12B (references under section 12: application of Enterprise Act 2002), in subsection (4)—

(a) for “Competition Commission” substitute “ CMA ”, and

(b) for the words from “the words” to the end, substitute

— (a) the words “, OFCOM or the Secretary of State” were omitted; and (b) for the words “their functions” there were substituted “ its functions ”.

89

(1) Section 13 (reports on references) is amended as follows.

(2) In subsection (1), for “Competition Commission” substitute “ CMA ”.

(3) In subsection (1A)—

(a) for “Competition Commission” substitute “ CMA ”, and

(b) for the words from “in connection with” to the end, substitute “ by the chair of the CMA for the purpose of carrying out the functions of the CMA with respect to the reference. ”.

(4) In subsections (1B) to (2C), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

(5) In subsection (3), for “Commission” substitute “ CMA ”.

90

(1) Section 14 (modification following report) is amended as follows.

(2) In subsection (1), for “Competition Commission” substitute “ CMA ”.

(3) In subsection (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.

91

(1) Section 15 (power to give direction) is amended as follows.

(2) In subsection (1), for “Competition Commission” substitute “ CMA ”.

(3) In subsection (2), for “Commission” substitute “ CMA ”.

(4) In subsection (3)—

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

(b) for “Commission's” substitute “CMA's”.

(5) In subsections (4), (9) and (10), for “Commission” (in each place where it occurs) substitute “ CMA ”.

(6) In the heading, for “Commission's” substitute “CMA's”.

92

(1) Section 16 (position where direction given) is amended as follows.

(2) In subsection (1), for “Competition Commission” substitute “ CMA ”.

(3) In subsection (2)—

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

(b) for “Commission's” substitute “CMA's”.

(4) In subsection (3)—

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

(b) for “Commission's” substitute “CMA's”.

(5) In subsections (4) to (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.

(6) In the heading, for “Commission” substitute “ CMA ”.

93

(1) Section 17 (duty as to modifications under section 16) is amended as follows.

(2) In subsection (1), for “Competition Commission” substitute “ CMA ”.

(3) In subsections (2) and (4) to (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.

(4) In the heading, for “Commission's” substitute “CMA's”.

94

(1) Section 18 (sections 15 and 16: general) is amended as follows.

(2) In subsections (2) to (4) and (6), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

(3) In subsection (8), for “Commission” (in each place where it occurs) substitute “ CMA ”.

(4) In subsection (9)—

(a) for “Competition Commission” substitute “ CMA ”, and

(b) for the words from “the words” to the end, substitute

— (a) the words “, OFCOM or the Secretary of State” were omitted; and (b) for the words “their functions” there were substituted “ its functions ”.

95

In section 19 (modification by order under other enactments), in subsection (1), for “Office of Fair Trading, the Competition Commission” substitute “ CMA ”.

96

(1) Schedule 10 (competition test: functions and agreements relating to buses) is amended as follows.

(2) In the italic cross-heading preceding paragraph 5, for “OFT” substitute “ CMA ”.

(3) In paragraph 5—

(a) for “Office of Fair Trading” substitute “ Competition and Markets Authority ”, and

(b) for “OFT”” substitute “ CMA ””.

(4) In paragraphs 6, 7, 9, 10 and 12 to 14, for “OFT” (in each place where it occurs) substitute “ CMA ”.

(5) In paragraph 14A, in sub-paragraphs (2) to (6), for “OFT” (in each place where it occurs) substitute “ CMA ”.

(6) In paragraphs 15 and 16, for “OFT” (in each place where it occurs) substitute “ CMA ”.

Communications Act 2003 (c. 21)

97

The Communications Act 2003 is amended as follows.

98

(1) Section 193 (reference of price control matters) is amended as follows.

(2) In subsection (1), for “Competition Commission” substitute “ CMA ”.

(3) In subsection (2)—

(a) for “Competition Commission” substitute “ CMA ”,

(b) for “the Commission is to determine that matter” substitute “ the determination of the matter is to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, and is to be performed ”,

(d) in paragraph (c), for “Commission” substitute “ CMA ”.

(4) In subsection (3)—

(a) for “Competition Commission” substitute “ CMA ”, and

(b) for “that Commission” substitute “ the CMA ”.

(5) In subsection (4), for “Competition Commission” substitute “ CMA ”.

(6) In subsection (6)—

(a) for “Competition Commission” substitute “ CMA ”, and

(b) for “that Commission” substitute “ the CMA ”.

(7) In subsections (7) and (8), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

(8) In the heading, for “Competition Commission” substitute “ CMA ”.

99

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