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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

articles Not indexed

Reform history JSON API

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

(3) In subsections (4) to (6) and (8) to (10), for “Commission” (in each place where it occurs) substitute “ CMA ”.

133

In section 122 (changes following determination on reference under section 120), in subsections (1) and (2), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

134

(1) Section 123 (power to veto changes proposed under section 122) is amended as follows.

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

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

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

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

135

(1) Section 142 (responses to consultation on proposal to impose a levy) is amended as follows.

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

(3) After subsection (4) insert—

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

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

136

(1) Section 149 (electronic communications) is amended as follows.

(2) In subsection (2)—

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

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

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

137

In section 150 (interpretation etc. of Part 3), in subsection (1), after the definition of “anti-competitive behaviour” insert—

“the CMA” means the Competition and Markets Authority;

138

(1) Schedule 10 (references by Monitor under section 101 or 142) is amended as follows.

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

(3) In paragraph 1—

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

(b) in sub-paragraph (2), for “the Commission” substitute “ the CMA ”.

(4) In paragraph 2, for “Competition Commission” substitute “ CMA ”.

(5) In paragraph 4—

(a) in sub-paragraph (1)—

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

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

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

(6) In paragraph 5—

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

(b) in sub-paragraph (3), for “Commission” substitute “ CMA ”, and

(7) In paragraph 6—

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

(b) in sub-paragraph (2)—

(i) for “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

(8) In paragraph 7, in sub-paragraphs (1) and (8), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

(9) In the italic cross-heading preceding paragraph 8, for “Competition Commission's” substitute “CMA's”.

(10) In paragraph 8—

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

(b) in sub-paragraphs (3) to (5), (7), (8) and (10) to (12), for “Commission” (in each place where it occurs) substitute “ CMA ”.

(11) In paragraph 9—

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

(b) in sub-paragraphs (2) and (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.

(12) In paragraph 10, in sub-paragraph (2), for “Competition Commission” substitute “ CMA ”.

139

(1) Schedule 12 (procedure on references under section 120) is amended as follows.

(2) In paragraph 2, in sub-paragraph (1), for “Competition Commission” substitute “ CMA ”.

(3) In the italic cross-heading preceding paragraph 3, for “Commission” substitute “ CMA ”.

(4) In paragraph 3—

(a) omit sub-paragraph (1),

(b) in sub-paragraph (2)—

(i) for “selected under this paragraph” substitute “ constituted by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 for the purpose of carrying out functions of the CMA with respect to a reference under section 120 ”, and

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

(d) in sub-paragraph (7), for “a group” substitute “ the group ”.

(5) In paragraph 4—

(a) in sub-paragraph (1), for the words from the beginning to “the determination” substitute “ The CMA must make its determination on a reference ”,

(b) in sub-paragraph (2), for “that group” substitute “ the CMA ”, and

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

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

(b) for “of the appeal” substitute “ on a reference ”.

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

(8) In paragraph 7—

(a) in sub-paragraph (1), for “a group with the function of making a determination on a reference under section 120” substitute “ the CMA ”,

(b) in sub-paragraph (2), for “A group with that function” substitute “ The CMA ”,

(d) in sub-paragraph (4)—

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

(ii) in paragraph (b), after “evidence” insert “ to it ” and omit “to a group with that function”,

(e) in sub-paragraph (5), for “group conducting the hearing” substitute “ CMA ”,

(f) in sub-paragraph (8)—

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

(ii) in paragraph (b), for “group conducting the hearing” substitute “ CMA ”, and

(g) in sub-paragraph (9), for “Competition Commission” substitute “ CMA ”.

(9) In paragraph 8, in sub-paragraph (1)—

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

(b) for “a group with the function of making a determination on a reference under section 120” substitute “ the CMA ”.

(10) In paragraph 9, in sub-paragraph (2), for “Commission” substitute “ group constituted for the purpose of carrying out functions of the CMA with respect to the reference to which the notice or requirement relates ”.

(11) In paragraph 10, in sub-paragraph (2) for the words from “Competition Commission's” to the end substitute “ CMA's behalf by a member of the group constituted for the purpose of carrying out functions of the CMA with respect to the reference to which the notice relates ”.

(12) In paragraph 11—

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

(b) in sub-paragraphs (4) and (5), for “Commission” substitute “ CMA Board ”.

(13) In paragraph 12—

(a) for sub-paragraph (1) substitute—

(1) Where the CMA makes a determination on a reference under section 120 it must make an order requiring the payment to it of the costs it incurred in connection with the reference.

, and

(b) in sub-paragraph (5)—

(i) for “The group that makes a determination on a reference under section 120” substitute “ The CMA ”, and

(ii) for “the determination” substitute “ a determination on a reference under section 120 ”.

Civil Aviation Act 2012 (c. 19)

140

The Civil Aviation Act 2012 is amended as follows.

141

(1) Section 24 (appeals: conditions of new licences) is amended as follows.

(2) In subsections (1), (3) and (5), for “Competition Commission” (in each place where it occurs) substitute “ Competition and Markets Authority ”.

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

142

(1) Section 25 (appeals: modification of licence conditions) is amended as follows.

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

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

143

In section 26 (when appeals may be allowed), for “Competition Commission” substitute “ Competition and Markets Authority ”.

144

(1) Section 27 (determination of appeal) is amended as follows.

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

(3) In subsection (2)—

(a) for “Competition Commission” substitute “ Competition and Markets Authority ”, and

(b) for “the Commission” substitute “ the Competition and Markets Authority ”.

(4) In subsection (4)—

(a) for “Competition Commission” substitute “ Competition and Markets Authority ”, and

(b) for “the Commission” substitute “ the Competition and Markets Authority ”.

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

145

(1) Section 28 (determination of appeal: time limits) is amended as follows.

(2) In subsections (1), (3) and (4), for “Competition Commission” (in each place where it occurs) substitute “ Competition and Markets Authority ”.

(3) In subsection (5)—

(a) for “Competition Commission” substitute “ Competition and Markets Authority ”, and

(b) for “the Commission” substitute “ the Competition and Markets Authority ”.

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

146

(1) Section 29 (determination of appeal: publication etc) is amended as follows.

(2) In subsection (1)—

(a) for “Competition Commission” substitute “ Competition and Markets Authority ”, and

(b) for “the Commission” substitute “ the Competition and Markets Authority ”.

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

(4) In subsection (5)—

(a) for “Competition Commission” substitute “ Competition and Markets Authority ” and

(b) for “Commission's opinion” (in each place where those words occur) substitute “ opinion of the Competition and Markets Authority ”.

147

(1) Section 30 (procedure on appeals) is amended as follows.

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

(3) For subsection (4) substitute—

(4) Except where specified otherwise in Schedule 2, the functions of the Competition and Markets Authority with respect to an appeal under section 24 or 25 are to be carried out on behalf of the Competition and Markets Authority by a group constituted for the purpose, by the chair of the Competition and Markets Authority, under Schedule 4 to the Enterprise and Regulatory Reform Act 2013.

148

(1) Schedule 2 (appeals under sections 24 and 25) is amended as follows.

(2) In paragraph 2—

(a) in sub-paragraph (1)—

(i) for “Competition Commission's decision” substitute “ decision of the Competition and Markets Authority ”, and

(ii) for “the Commission” substitute “ the Competition and Markets Authority ”,

(b) in sub-paragraphs (5) and (6), for “Competition Commission” (in each place where it occurs) substitute “ Competition and Markets Authority ”,

(c) in sub-paragraph (7), for “The Competition Commission” substitute “ An authorised member of the Competition and Markets Authority ”, and

(d) in sub-paragraph (8), in paragraph (d), for “Commission” substitute “ authorised member ”.

(3) In paragraph 3, in sub-paragraph (1), for “Competition Commission” substitute “ Competition and Markets Authority ”.

(4) In paragraph 4—

(a) in sub-paragraph (1), for “Competition Commission” substitute “ Competition and Markets Authority ”,

(b) in sub-paragraph (2), for “on which the Competition Commission publishes its” substitute “of publication of the Competition and Markets Authority's”, and

(5) In paragraph 5—

(a) in sub-paragraph (1)—

(i) for “Competition Commission's decision” substitute “ decision of the Competition and Markets Authority ”, and

(ii) for “the Commission” substitute “ the Competition and Markets Authority ”,

(b) in sub-paragraph (2), for “Competition Commission” substitute “ Competition and Markets Authority ”,

(c) in sub-paragraph (4), for “The Competition Commission must” substitute “ An authorised member of the Competition and Markets Authority must ”, and

(d) in sub-paragraph (5), in paragraph (d), for “Commission” substitute “ authorised member ”.

(6) In paragraph 6, in sub-paragraph (3), for “Competition Commission” substitute “ Competition and Markets Authority ”.

(7) In paragraph 7, in sub-paragraph (3), for “Competition Commission” substitute “ Competition and Markets Authority ”.

(8) In paragraph 8, in sub-paragraph (3), for “Competition Commission” substitute “ Competition and Markets Authority ”.

(9) In paragraph 9, in sub-paragraph (1), for “Competition Commission” substitute “ Competition and Markets Authority ”.

(10) In paragraph 10, in sub-paragraph (3), for “Competition Commission's decision” substitute “ decision of the Competition and Markets Authority ”.

(11) In paragraph 11—

(a) in sub-paragraph (1)—

(i) for “Competition Commission's functions” substitute “ functions of the Competition and Markets Authority ”, and

(ii) for “the Commission” substitute “ the Competition and Markets Authority ”,

(b) in sub-paragraph (2), for “Competition Commission” substitute “ Competition and Markets Authority ”, and

(i) for “The Competition Commission” substitute “ An authorised member of the Competition and Markets Authority ”, and

(ii) for first “it” substitute “ he or she ”.

(12) In paragraph 12, in sub-paragraph (1), for “Competition Commission” substitute “ Competition and Markets Authority ”.

(13) In paragraph 13, in sub-paragraph (3), for “Competition Commission's decision” substitute “ decision of the Competition and Markets Authority ”.

(14) In paragraph 14—

(a) in sub-paragraph (1)—

(i) for “Competition Commission's functions” substitute “ functions of the Competition and Markets Authority ”, and

(ii) for “the Commission” substitute “ the Competition and Markets Authority ”,

(b) in sub-paragraph (2), for “Competition Commission” substitute “ Competition and Markets Authority ”, and

(i) for “The Competition Commission” substitute “ An authorised member of the Competition and Markets Authority ”, and

(ii) for first “it” substitute “ he or she ”.

(15) In paragraph 15—

(a) in sub-paragraph (1), for “The Competition Commission must” substitute “ An authorised member of the Competition and Markets Authority must ”,

(b) in sub-paragraph (2), for “the Competition Commission must comply with sub-paragraph (1)” substitute “ the requirements of sub-paragraph (1) must be complied with ”,

(c) in sub-paragraph (3), for “The Competition Commission must” substitute “ An authorised member of the Competition and Markets Authority must ”, and

(d) in sub-paragraph (4), in paragraph (d), for “Commission” substitute “ authorised member ”.

(16) In paragraph 16—

(a) in sub-paragraph (1), for “Competition Commission” substitute “ Competition and Markets Authority ”, and

(b) in sub-paragraph (4), in paragraph (a), for “the Competition Commission” substitute “ an authorised member of the Competition and Markets Authority ”.

(17) In paragraph 17—

(a) omit sub-paragraph (1),

(b) in sub-paragraph (2)—

(i) for “The group” substitute “ A group constituted by the chair of the Competition and Markets Authority, under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, for the purpose of carrying out functions of the Competition and Markets Authority with respect to an appeal under section 24 or 25 ”, and

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

(18) Omit paragraph 18.

(19) In paragraph 19, in sub-paragraph (1), for “Competition Commission” substitute “ Competition and Markets Authority ”.

(20) In paragraph 20—

(a) in sub-paragraph (1)—

(i) for “A group with the function of determining an appeal” substitute “ The Competition and Markets Authority ”,

(ii) for “the appeal” substitute “ an appeal ”, and

(iii) for “Competition Commission” substitute “ Competition and Markets Authority ”,

(b) in sub-paragraph (3)—

(i) for “A group with the function of determining an appeal” substitute “ The Competition and Markets Authority ”, and

(ii) for “the appeal” substitute “ an appeal ”, and

(i) for “A group with the function of determining an appeal” substitute “ The Competition and Markets Authority ”, and

(ii) for “the appeal” substitute “ an appeal ”.

(21) In paragraph 21, in sub-paragraph (1), for “Competition Commission” substitute “ Competition and Markets Authority ”.

(22) In paragraph 22—

(a) in sub-paragraphs (1) and (2), for “Competition Commission” (in each place where it occurs) substitute “ Competition and Markets Authority ”,

(b) in sub-paragraph (3), for “Competition Commission's decision” substitute “ decision of the Competition and Markets Authority ”,

(i) for “Competition Commission's decision” substitute “ decision of the Competition and Markets Authority ”, and

(ii) for “the Commission” substitute “ the Competition and Markets Authority ”,

(d) in sub-paragraphs (5) and (6), for “Competition Commission” (in each place where it occurs) substitute “ Competition and Markets Authority ”,

(e) in sub-paragraph (7)—

(i) for “Competition Commission's decision” substitute “ decision of the Competition and Markets Authority ”, and

(ii) for “Commission” (in each place where it occurs) substitute “ Competition and Markets Authority ”, and

(f) in sub-paragraph (9)—

(i) for “Competition Commission's decision” substitute “ decision of the Competition and Markets Authority ”, and

(ii) for “Commission” (in each place where it occurs) substitute “ Competition and Markets Authority ”.

(23) In paragraph 23, in sub-paragraph (1), for “Competition Commission” substitute “ Competition and Markets Authority ”.

(24) In paragraph 24—

(a) in sub-paragraph (1)—

(i) for “Competition Commission” substitute “ Competition and Markets Authority ”, and

(ii) for “the Commission” substitute “ the Competition and Markets Authority ”, and

(b) in sub-paragraph (4), for the words from “on the” to the end substitute “ on behalf of the Competition and Markets Authority by an authorised member of the Competition and Markets Authority ”.

(25) In paragraph 25—

(a) in sub-paragraph (1), for “Competition Commission” (in each place where it occurs) substitute “ Competition and Markets Authority ”,

(b) in sub-paragraph (3), for “The Competition Commission” substitute “ An authorised member of the Competition and Markets Authority ”,

(c) in sub-paragraph (7), in paragraph (a), for “the Competition Commission is not required” substitute “ there is no requirement ”,

(d) in sub-paragraph (9), for “the Competition Commission must pay the person” substitute “ an authorised member of the Competition and Markets Authority must arrange for the person to be paid ”, and

(e) in sub-paragraph (10), for the words from “on the” to the end substitute “ on behalf of the Competition and Markets Authority by an authorised member of the Competition and Markets Authority ”.

(26) In paragraph 26—

(a) in sub-paragraph (1), for “Competition Commission” (in each place where it occurs) substitute “ Competition and Markets Authority ”, and

(b) in sub-paragraph (5), for the words from “on the” to the end substitute “ on behalf of the Competition and Markets Authority by an authorised member of the Competition and Markets Authority ”.

(27) In paragraph 27, for “Competition Commission” substitute “ Competition and Markets Authority ”.

(28) In paragraph 28, in sub-paragraph (2), for “A member of the Competition Commission” substitute “ An authorised member of the Competition and Markets Authority ”.

(29) In paragraph 30—

(a) in sub-paragraphs (1) to (4), for “the Competition Commission” (in each place where it occurs) substitute “ the Competition and Markets Authority ”,

(b) after sub-paragraph (4), insert—

(4A) For the purposes of sub-paragraphs (1) to (4), the consent of the Competition and Markets Authority is to be given by an authorised member of the Competition and Markets Authority.

, and

(30) In paragraph 31, in sub-paragraphs (1), (5) and (6), for “Competition Commission” (in each place where it occurs) substitute “ CMA Board ”.

(31) In paragraph 32—

(a) in sub-paragraph (1)—

(i) for “Competition Commission” substitute “ Competition and Markets Authority ”, and

(ii) for “the Commission” substitute “ the Competition and Markets Authority ”,

(b) in sub-paragraph (2)—

(i) for “Competition Commission” substitute “ Competition and Markets Authority ”, and

(ii) for “the Commission” substitute “ the Competition and Markets Authority ”, and

(32) In paragraph 34—

(a) for “Competition Commission” substitute “ Competition and Markets Authority or a member of the Competition and Markets Authority ”, and

(b) “it must publish or send it” substitute “it must be published or sent”.

(33) In paragraph 35, in sub-paragraph (1)—

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

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

(b) omit the definition of “Chairman”,

(d) before the definition of “intervener” insert—

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

PART 2 — Amendments to other enactments

Electricity (Northern Ireland) Order 1992 (SI 1992/231 (N.I. 1))

149

The Electricity (Northern Ireland) Order 1992 is amended as follows.

150

In article 2 (interpretation), in paragraph (2), before the definition of “the Department” insert—

151

(1) Article 15 (modification references) is amended as follows.

(2) In paragraph (1)—

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

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

(3) In paragraph (2)—

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

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

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

(5) In paragraph (5)—

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

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

(6) In paragraph (6)—

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

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

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

(8) After paragraph (7) insert—

(7A) The functions of the CMA with respect to a reference under this Article are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (including functions relating to the making of modifications following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act 2002, as applied by Articles 15B and 17A).

(9) In paragraph (9), for the words from “members” to the end substitute “ persons to membership of the CMA for the purpose of being available for selection as members of a group constituted to carry out functions on behalf of the CMA with respect to a reference under this Article ”.

(10) In paragraph (9A), for “selecting” substitute “ constituting ”.

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

152

In article 15A (references under article 15: time limits), in paragraphs (2) and (3), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

153

(1) Article 16 (reports on modification references) is amended as follows.

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

(3) In paragraph (1A)—

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

154

In article 17 (modification following report), in paragraphs (1) and (5), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

155

(1) Article 17A (power to veto modifications following report) is amended as follows.

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

(3) In paragraphs (2) to (8), (10) to (12), (14) and (16), for “Commission” (in each place where it occurs) substitute “ CMA ”.

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

156

In article 18 (modification by order under other statutory provisions), in paragraph (1), for “Office of Fair Trading, the Competition Commission” substitute “ CMA ”.

157

(1) Article 53 (annual and other reports) is amended as follows.

(2) In paragraph (1)(a)(ii), for “Competition Commission” substitute “CMA's”.

(3) Omit paragraph (6).

Gas (Northern Ireland) Order 1996 (SI 1996/275 (N.I.2))

158

The Gas (Northern Ireland) Order 1996 is amended as follows.

159

In article 2 (interpretation), in paragraph (2), before the definition of “construction” insert—

“the CMA” means the Competition and Markets Authority;

160

(1) Article 15 (modification references) is amended as follows.

(2) In paragraph (1)—

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

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

(3) In paragraph (2)—

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

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

(4) In paragraph (3)—

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

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

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

(6) In paragraph (6)—

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

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

(7) In paragraph (7)—

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

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

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

(9) After paragraph (8) insert—

(8A) The functions of the CMA with respect to a reference under this Article are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (including functions relating to the making of modifications following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act 2002, as applied by Articles 15B and 17A).

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

161

In article 15A (references under article 15: time limits), in paragraphs (2) and (3), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

162

(1) Article 16 (reports on modification references) is amended as follows.

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

(3) In paragraph (1A)—

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

163

In article 17 (modification following report), in paragraphs (1) and (5A), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

164

(1) Article 17A (power to veto modifications following report) is amended as follows.

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

(3) In paragraphs (2) to (10), (13) to (15), (17) and (19), for “Commission” (in each place where it occurs) substitute “ CMA ”.

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

165

In article 18 (modification by order under other statutory provisions), in paragraph (1), for “Office of Fair Trading, the Competition Commission” substitute “ CMA ”.

166

(1) Article 32 (annual and other reports) is amended as follows.

(2) In paragraph (1)(a)(ii), for “Monopolies Commission's” substitute “CMA's”.

(3) Omit paragraph (6).

Energy (Northern Ireland) Order 2003 (SI 2003/419 (N.I. 6))

167

The Energy (Northern Ireland) Order 2003 is amended as follows.

168

(1) Article 6 (annual and other reports of the Authority) is amended as follows.

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

(3) Omit paragraph (10).

169

In article 38 (modification of licences), in paragraphs (1) and (2), for “, the Office of Fair Trading or the Competition Commission” (in each place where those words occur) substitute “ or the Competition and Markets Authority ”.

170

(1) Schedule 2 (orders altering licensable activities) is amended as follows.

(2) In paragraph 1, after sub-paragraph (3), insert—

(4) In this Schedule, “the CMA” means the Competition and Markets Authority.

(3) In paragraph 2—

(a) in sub-paragraph (4), for “Competition Commission” substitute “ CMA ”, and

(b) in sub-paragraphs (5) and (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.

(4) In the italic cross-heading preceding paragraph 3, for “Competition Commission” substitute “ CMA ”.

(5) In paragraph 3—

(a) in sub-paragraph (1)—

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

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

(b) in sub-paragraphs (2), (3), (5) and (6), for “Commission” (in each place where it occurs) substitute “ CMA ”, and

(7) The functions of the CMA with respect to a reference under this paragraph (including functions under sections 109 to 115 of the Enterprise Act 2002, as applied by paragraph 5) are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013.

(6) In paragraph 4—

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

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

(7) In paragraph 5, in sub-paragraph (4)—

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

(b) for the words from “the words” to the end, substitute “ for the words “, OFCOM or the Secretary of State” there were substituted “or OFCOM” ”.

(8) In paragraph 6—

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

(b) in sub-paragraphs (2) and (3), for “Commission” (in each place where it occurs) substitute “ CMA ”,

(i) for “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

(d) in sub-paragraphs (5) to (9) and (11), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Water Services etc (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 (SI 2005/3172)

171

The Water Services etc (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 is amended as follows.

172

In article 2 (interpretation), in paragraph (1), for the definition of “the Commission” substitute—

“the CMA” means the Competition and Markets Authority;

173

(1) Article 3 (references) is amended as follows.

(2) In paragraphs (1), (5) to (9), and (11) and (12), for “Commission” substitute “ CMA ”.

(3) After paragraph (12) insert—

(13) The functions of the CMA with respect to a reference under this article are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (including functions relating to the making of modifications following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act 2002, as applied by articles 5 and 10).

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

174

In article 4 (references: time limits), in paragraphs (2) and (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.

175

In article 5 (references: powers of investigation), in paragraph (4)(a), for paragraph (i) substitute—

(i) the words “, OFCOM or the Secretary of State” were omitted;

176

(1) Article 6 (consultation on proposals) is amended as follows.

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

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

177

(1) Article 7 (reports on references) is amended as follows.

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

(3) In paragraph (6)—

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

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

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

(5) In paragraph (10), for “Commission's” substitute “CMA's”.

(6) In paragraph (12), for “Commission” substitute “ CMA ”.

178

(1) Article 8 (modifications following report) is amended as follows.

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

(3) In paragraph (2)—

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

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

(4) In paragraph (3), for “Commission's” substitute “CMA's”.

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

179

(1) Article 9 (power of veto following report) is amended as follows.

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

(3) In paragraph (4)—

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

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

(4) In paragraphs (5) to (8), for “Commission” (in each place where it occurs) substitute “ CMA ”.

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

180

(1) Article 10 (article 9: supplementary) is amended as follows.

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

(3) In paragraph (6)(a), for paragraph (i) substitute—

(i) the words “, OFCOM or the Secretary of State” were omitted;

Water and Sewerage Services (Northern Ireland) Order 2006 (SI 2006/3336 N.I. 21))

181

The Water and Sewerage Services (Northern Ireland) Order 2006 is amended as follows.

182

In article 2 (interpretation), in paragraph (2)—

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

(b) omit the definition of “the OFT”.

183

(1) Article 19 (determinations under conditions of appointment) is amended as follows.

(2) In paragraph (2)—

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

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

(3) In paragraph (3)—

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

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

(4) In paragraph (4)—

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

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

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

(6) In paragraph (6)—

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

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

(7) After paragraph (6) insert—

(7) The functions of the CMA with respect to a reference under this Article are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (including functions relating to the making of modifications following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act, as applied by paragraph (5) read with Article 27).

184

(1) Article 21 (modification references) is amended as follows.

(2) In paragraph (1)—

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

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

(3) In paragraph (2)—

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

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

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

(5) In paragraph (5)—

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

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

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

(7) After paragraph (6) insert—

(7) The functions of the CMA with respect to a reference under this Article are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (including functions relating to the making of modifications following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act 2002, as applied by Articles 23 and 27).

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

185

In article 22 (references under article 21: time limits), in paragraphs (2) and (3), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

186

(1) Article 24 (reports on modification references) is amended as follows.

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

(3) In paragraph (2)—

(a) for “Competition Commission” substitute “ 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 in question ”.

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

(5) In paragraphs (6) and (7), for “Commission” (in each place where it occurs) substitute “ CMA ”.

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

187

In article 25 (modifications following report), in paragraphs (1) and (5), for “Competition Commission” substitute “ CMA ”.

188

(1) Article 26 (power of veto following report) is amended as follows.

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

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

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

189

(1) Article 27 (power of veto following report: supplementary) is amended as follows.

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

(3) In paragraphs (3), (4), (6) and (8), for “Commission” (in each place where it occurs) substitute “ CMA ”.

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

190

In article 28 (modification by order under other statutory provisions), in paragraph (1)—

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

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

191

In article 57 (restrictions on disclosure of information), in sub-paragraph (7), for “Competition Commission” substitute “ CMA ”.

Legal Services (Scotland) Act 2010 (asp 16)

192

The Legal Services (Scotland) Act 2010 is amended as follows.

193

In section 8 (pre-approval consideration), in subsection (1)(b), for “OFT” substitute “ CMA ”.

194

In section 15 (initial considerations), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

195

In section 28 (communicating outside), in subsection (1)(e), for “OFT” substitute “ CMA ”.

196

In section 49 (majority ownership), in subsection (5)(b)(iii), for “OFT” substitute “ CMA ”.

197

(1) Section 76 (input) is amended as follows.

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

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

198

In section 92 (certification of bodies), in subsections (4) and (5), for “OFT” (in each place where it occurs) substitute “ CMA ”.

199

In section 103 (certification of bodies), in subsections (4) and (5), for “OFT” (in each place where it occurs) substitute “ CMA ”.

200

(1) Section 113 (regard to input) is amended as follows.

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

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

201

In section 122 (particular rules), in subsection (2), for “OFT” substitute “ CMA ”.

202

In section 125 (citizens advice bodies), in subsection (4)(b), for “OFT” substitute “ CMA ”.

203

In section 147 (further modification), in subsection (3)(d), for “OFT” substitute “ CMA ”.

204

(1) In section 149 (definitions), in subsection (1)—

(a) after the definition of “the 2007 Act” insert—

“CMA” means Competition and Markets Authority,”, and

(b) omit the definition of “OFT”.

205

In schedule 2 (directions), in paragraph 4, in sub-paragraph (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.

206

In schedule 5 (amendment of authorisation), in paragraph 4, in sub-paragraph (2)(b)(i), for “OFT” substitute “ CMA ”.

207

In schedule 6 (rescission of authorisation), in paragraph 4, in sub-paragraph (2)(b)(i), for “OFT” substitute “ CMA ”.

208

In schedule 7 (surrender of authorisation), in paragraph 3, in sub-paragraph (1)(a)(ii), for “OFT” substitute “ CMA ”.

209

In schedule 9 (index of expressions used), in the first table, in the column headed “Whole Act expressions”—

(a) after the reference to “advocate”, insert a reference to “ CMA ”;

(b) omit the reference to “OFT”.

SCHEDULE 7

Interim measures following references under section 22 or 33

1

Part 3 of the 2002 Act (mergers) is amended as follows.

2

(1) Section 80 (interim undertakings) is amended as follows.

(2) In subsection (1), for “Subsections (2) and (3)” substitute “ Subsections (2) and (2A) ”.

(3) After subsection (2) insert—

(2A) Where the CMA has reasonable grounds for suspecting that pre-emptive action has or may have been taken, it may, for the purpose of restoring the position to what it would have been had the action not been taken or otherwise for the purpose of mitigating its effects, accept from such of the parties concerned as it considers appropriate undertakings to take such action as it considers appropriate.

(4) After subsection (2A) insert—

(2B) A person may, with the consent of the CMA, take action or action of a particular description where the action would otherwise constitute a contravention of an undertaking under this section.

(5) Omit subsections (3) and (4).

(6) In subsection (5), for “Any other undertaking” substitute “ An undertaking ”.

(7) Omit subsection (6).

3

(1) Section 81 (interim orders) is amended as follows.

(2) In subsection (1) for “Subsections (2) and (3)” substitute “ Subsections (2) and (2A) ”.

(3) After subsection (2) insert—

(2A) Where the CMA has reasonable grounds for suspecting that pre-emptive action has or may have been taken, it may by order, for the purpose of restoring the position to what it would have been had the action not been taken or otherwise for the purpose of mitigating its effects— (a) do anything mentioned in subsection (2)(b) to (d); (b) impose such other obligations, prohibitions or restrictions as it considers appropriate for that purpose.

(4) After subsection (2A) insert—

(2B) A person may, with the consent of the CMA, take action or action of a particular description where the action would otherwise constitute a contravention of an order under this section.

(5) Omit subsections (3) and (4).

(6) In subsection (5), for “Any other order” substitute “ An order ”.

(7) Omit subsection (6).

Interim measures: public interest and special interest cases

4

(1) Schedule 7 (enforcement regime for public interest and special public interest cases) is amended as follows.

(2) Omit paragraph 1 (interim undertakings).

(3) In paragraph 2 (interim orders), after sub-paragraph (2) insert—

(2A) Sub-paragraph (2B) applies where— (a) an intervention notice or special intervention notice is in force, and (b) the Secretary of State or the CMA has reasonable grounds for suspecting that pre-emptive action has or may have been taken. (2B) The Secretary of State or (as the case may be) the CMA may by order, for the purpose of restoring the position to what it would have been had the pre-emptive action not been taken or otherwise for the purpose of mitigating its effects— (a) do anything mentioned in sub-paragraph (2)(b) to (d); (b) impose such other obligations, prohibitions or restrictions as it considers appropriate for that purpose.

(4) In that paragraph, after sub-paragraph (2B) insert—

(2C) A person may, with the consent of the Secretary of State or (as the case may be) the CMA, take action or action of a particular description where the action would otherwise constitute a contravention of an order under this paragraph by the Secretary of State or (as the case may be) the CMA.

(5) In that paragraph, in sub-paragraph (4)—

(a) omit “or the OFT”,

(b) for “by the OFT” substitute “ by the CMA ”, and

(6) In that paragraph, in sub-paragraph (8), omit “1 or”.

(7) In that paragraph, in sub-paragraph (10), for the words from “the order” to the end of the sub-paragraph substitute

— (a) the Secretary of State or (as the case may be) the CMA has reasonable grounds for suspecting that it is or may be the case that two or more enterprises have ceased to be distinct or that arrangements are in progress or in contemplation which, if carried into effect, will result in two or more enterprises ceasing to be distinct; or (b) the order relates to a special merger situation which has been, or may have been, created.

(8) In that paragraph, after sub-paragraph (11) insert—

(12) In this paragraph “pre-emptive action” means action which might prejudice the reference or possible reference concerned under section 45 or (as the case may be) 62 or impede the taking of any action under this Part which may be justified by the Secretary of State's decisions on the reference.

Interim measures: duration of interim orders under section 72

5

(1) Section 72 (initial enforcement orders: completed mergers) is amended as follows.

(2) Omit subsection (5).

(3) In subsection (6)—

(a) in the words before paragraph (a), omit “section 81 or”, and

(b) in paragraph (a), for the words from “at the end of” to the end of the paragraph substitute

— (i) if the CMA accepts an undertaking under section 80 or makes an order under section 81, on the acceptance of the undertaking or the making of the order, and (ii) otherwise on the final determination of the reference concerned;

SCHEDULE 8

1

Part 3 of the 2002 Act (mergers) is amended as follows.

2

In section 22 (duty to make references in relation to completed mergers), in subsection (3)—

(a) before paragraph (a) insert—

(za) the period within which the CMA is required by section 34ZA to decide whether the duty to make the reference applies has expired without such a decision having been made;

, and

(b) in paragraph (a) omit “or 96(3)”.

3

In section 33 (duty to make references in relation to anticipated mergers), in subsection (3)—

(a) before paragraph (a) insert—

(za) the period within which the CMA is required by section 34ZA to decide whether the duty to make the reference applies has expired without such a decision having been made;

, and

(b) in paragraph (a) omit “or 96(3)”.

4

After section 34 insert—

(34ZA) (1) In carrying out its function of deciding whether to make a reference under section 22 or 33, the CMA shall, within the initial period— (a) decide whether the duty to make a reference under the section applies (taking account of the power under section 22(2) or (as the case may be) 33(2) and the operation of section 22(3) or (as the case may be) 33(3)); and (b) inform the persons carrying on the enterprises concerned by notice of the decision and of the reasons for it. (2) Nothing in this section prevents the CMA from making a reference under section 22 or 33 in the event that— (a) it decides that the duty to make a reference does not apply because it is considering whether to accept undertakings under section 73; but (b) no such undertakings are offered or accepted. (3) In this section— - “the initial period” means (subject to any extension under section 34ZB) the period of 40 working days beginning with— 1. where the CMA is carrying out its function in consequence of the giving of a merger notice under section 96, the first working day after the day on which the CMA gives notice under section 96(2A) to the person who gave the merger notice, and 2. in any other case, the first working day after the day on which the CMA informs the persons carrying on the enterprises concerned by notice that it has sufficient information to enable it to begin an investigation for the purposes of deciding whether to make a reference; - “working day” means any day which is not— 1. a Saturday, a Sunday, Good Friday or Christmas Day, or 2. a day which is a bank holiday in England and Wales. (4) For the purposes of paragraph (a) in the definition of “initial period” in subsection (3), the CMA is carrying out its function in consequence of the giving of a merger notice under section 96 if it is considering whether to make a reference under section 22 or 33 in relation to— (a) arrangements of which notice is given in the merger notice or arrangements which do not differ from them in any material respect, or (b) the creation of any relevant merger situation which is, or may be, created in consequence of carrying such arrangements into effect. (5) Nothing in this section applies where section 34A(2) or 46A(2) applies (duties where case referred by the European Commission). (34ZB) (1) The CMA may extend the initial period mentioned in section 34ZA(1) if it considers that a relevant person has failed (with or without a reasonable excuse) to comply with any requirement of a notice under section 109 in relation to the case in question. (2) In subsection (1), “relevant person” means— (a) any person carrying on any of the enterprises concerned; (b) any person who (whether alone or as a member of a group) owns or has control of any such person; or (c) any officer, employee or agent of any person mentioned in paragraph (a) or (b). (3) For the purposes of subsection (2), a person or group of persons able, directly or indirectly, to control or materially to influence the policy of a body of persons corporate or unincorporate, but without having a controlling interest in that body of persons, may be treated as having control of it. (4) Where an intervention notice is in force in relation to the matter concerned, the CMA may extend the initial period by no more than 20 working days. (5) The CMA may by notice extend the initial period if the European Commission is considering a request made, in relation to the matter concerned, by the United Kingdom (whether alone or with others) under article 22(1) of the EC Merger Regulation (but is not yet proceeding with the matter in pursuance of such a request). (6) An extension under subsection (1) or (4) comes into force when published under section 107. (7) An extension under subsection (1) continues in force until— (a) the person concerned provides the information or documents to the satisfaction of the CMA or (as the case may be) appears as a witness in accordance with the requirements of the CMA; or (b) the CMA publishes its decision to cancel the extension. (8) An extension under subsection (5) shall be for the period which— (a) begins when notice is given under that subsection, and (b) ends when the CMA gives notice of the completion by the European Commission of its consideration of the request of the United Kingdom. (9) In this section, “working day” has the same meaning as in section 34ZA. (34ZC) (1) An extension of the period mentioned in section 34ZA(1) may be made under each of subsections (1), (4) or (5) of section 34ZB. (2) No more than one extension is possible under section 34ZB(4). (3) Where a period is extended or further extended under section 34ZB(1), (4) or (5), the period as extended or (as the case may be) further extended shall, subject to subsections (4) and (5), be calculated by taking the period being extended and adding to it the period of the extension (whether or not those periods overlap in time). (4) Subsection (5) applies where— (a) the period mentioned in section 34ZA(1) is further extended; (b) the further extension and at least one previous extension is made under one or more of subsections (1) and (5) of section 34ZB; and (c) the same days or fractions of days are included in or comprise the further extension and are included in or comprise at least one such previous extension. (5) In calculating the period of the further extension, any days or fractions of days of the kind mentioned in subsection (4)(c) are to be disregarded. (6) The Secretary of State may by order do either or both of the following— (a) amend section 34ZA so as to alter the period of 40 working days mentioned in subsection (3) of that section or any period for the time being mentioned in that subsection in substitution for that period; (b) amend section 34ZB so as to alter the period of 20 working days mentioned in subsection (4) of that section or any period for the time being mentioned in that subsection in substitution for that period. (7) But no alteration may be made by virtue of subsection (6) which results in— (a) the period for the time being mentioned in section 34ZA(3) exceeding 40 working days; or (b) the period for the time being mentioned in section 34ZB(4) exceeding 20 working days. (8) Before making an order under subsection (6), the Secretary of State shall consult the CMA and such other persons as the Secretary of State considers appropriate. (9) In this section, “working day” has the same meaning as in section 34ZA.

5

(1) Section 39 (time-limits for investigations and reports) is amended as follows.

(2) In subsection (5) for “subsection (4)” substitute “ this section ”.

(3) After subsection (8) insert—

(8A) In the case of a report on a reference under section 33, the CMA may provide that a specified period of no more than 3 weeks is to be disregarded for the purposes of any time-limit for the preparation and publication of the report which applies by virtue of this section if— (a) a relevant person has so requested before the end of the period of 3 weeks beginning with the date of the reference concerned; and (b) the CMA reasonably believes that the arrangements in question might be abandoned. (8B) If the CMA exercises the power under subsection (8A), the CMA shall publish a notice to that effect.

6

After section 41 (duty to remedy effects of completed or anticipated mergers) insert—

(41A) (1) The CMA shall discharge its duty under section 41(2) within the period of 12 weeks beginning with the date on which it publishes the report concerned under section 38. (2) The CMA may extend, by no more than 6 weeks, the period within which its duty under section 41(2) shall be discharged if it considers that there are special reasons for doing so. (3) The CMA may extend the period within which its duty under section 41(2) shall be discharged if it considers that a relevant person has failed (whether with or without reasonable excuse) to comply with any requirement of a notice under section 109 which is given in relation to the reference. (4) In subsection (3), “relevant person” means— (a) any person carrying on any of the enterprises concerned; (b) any person who (whether alone or as a member of a group) owns or has control of any such person; or (c) any officer, employee or agent of any person mentioned in paragraph (a) or (b). (5) For the purposes of subsection (4), a person or group of persons able, directly or indirectly, to control or materially to influence the policy of a body of persons corporate or unincorporate, but without having a controlling interest in that body of persons, may be treated as having control of it. (6) An extension under subsection (2) or (3) comes into force when published under section 107. (7) An extension under subsection (3) continues in force until— (a) the person concerned provides the information or documents to the satisfaction of the CMA or (as the case may be) appears as a witness in accordance with the requirements of the CMA; or (b) the CMA publishes its decision to cancel the extension. (41B) (1) A period extended under section 41A(2) may also be extended under section 41A(3), and a period extended under section 41A(3) may also be extended under section 41A(2). (2) No more than one extension is possible under section 41A(2). (3) Where a period is extended or further extended under section 41A(2) or (3), the period as extended or (as the case may be) further extended is, subject to subsections (4) and (5), to be calculated by taking the period being extended and adding to it the period of the extension (whether or not those periods overlap in time). (4) Subsection (5) applies where— (a) the period within which the CMA must discharge its duty under section 41(2) is further extended; (b) the further extension and at least one previous extension is made under section 41A(3); and (c) the same days or fractions of days are included in or comprise the further extension and are included in or comprise at least one such previous extension. (5) In calculating the period of the further extension, any days or fractions of days of the kind mentioned in subsection (4)(c) are to be disregarded. (6) The Secretary of State may by order amend section 41A so as to alter either or both of the following periods— (a) the period of 12 weeks mentioned in subsection (1) of that section or any period for the time being mentioned in that subsection in substitution for that period; (b) the period of 6 weeks mentioned in subsection (2) of that section or any period for the time being mentioned in that subsection in substitution for that period. (7) But no alteration may be made by virtue of subsection (6) which results in— (a) the period for the time being mentioned in section 41A(1) exceeding 12 weeks; or (b) the period for the time being mentioned in section 41A(2) exceeding 6 weeks. (8) Before making an order under subsection (6) the Secretary of State shall consult the CMA and such other persons as the Secretary of State considers appropriate.

7

After section 73 (undertakings in lieu of references under section 22 or 33) insert—

(73A) (1) A party concerned who wishes to offer an undertaking to the CMA for the purposes of section 73(2) must do so before the end of the period of 5 working days beginning with— (a) the day after the CMA gives the person the notice required by section 34ZA(1)(b); or (b) in a case where subsection (2) of section 34A applies, the day after the CMA gives the person the notice required by paragraph (b) of that subsection. (2) If an undertaking is offered for those purposes, the CMA shall, before the end of the period of 10 working days beginning with the day mentioned in subsection (1)— (a) decide whether there are reasonable grounds for believing that the undertaking or a modified version of it might be accepted by the CMA under section 73(2), and (b) if it considers that it might be, give notice to the person who offered the undertaking that it is considering it. (3) If such a notice is given, the CMA shall decide whether to accept the undertaking before the end of the period of 50 working days beginning with the day mentioned in subsection (1). (4) The CMA may extend the period mentioned in subsection (3), by no more than 40 working days, if it considers that there are special reasons for doing so. (5) The CMA shall prepare and publish guidance in relation to the exercise of its power under subsection (4). (6) The CMA may revise any such guidance and, where it does so, shall publish the revised statement. (7) The CMA may extend the period mentioned in subsection (3) if it considers that a relevant person has failed (with or without reasonable excuse) to comply with any requirement of a notice given under section 109 in relation to the case in question. (8) In subsection (7), “relevant person” means— (a) any person carrying on any of the enterprises concerned; (b) any person who (whether alone or as a member of a group) owns or has control of any such person; or (c) any officer, employee or agent of any person mentioned in paragraph (a) or (b). (9) For the purposes of subsection (8), a person or group of persons able, directly or indirectly, to control or materially influence the policy of a body of persons corporate or unincorporate, but without having a controlling interest in that body of persons, may be treated as having control of it. (10) An extension under subsection (4) or (7) comes into force when published under section 107. (11) An extension under subsection (7) continues in force until— (a) the person concerned provides the information or documents to the satisfaction of the CMA or (as the case may be) appears as a witness in accordance with the requirements of the CMA; or (b) the CMA publishes its decision to cancel the extension. (12) In this section and section 73B, “working day” means any day which is not— (a) a Saturday, a Sunday, Good Friday or Christmas Day, or (b) a day which is a bank holiday in England and Wales. (73B) (1) A period extended under section 73A(4) may also be extended under section 73A(7), and a period extended under section 73A(7) may also be extended under section 73A(4). (2) No more than one extension is possible under section 73A(4). (3) Where a period is extended or further extended under section 73A(4) or (7), the period as extended or (as the case may be) further extended is, subject to subsections (4) and (5), to be calculated by taking the period being extended and adding to it the period of the extension (whether or not those periods overlap in time). (4) Subsection (5) applies where— (a) the period within which the CMA must discharge its duty under section 73A(3) is further extended, (b) the further extension and at least one previous extension is made under section 73A(7), and (c) the same days or fractions of days are included in or comprise the further extension and are included in or comprise at least one such previous extension. (5) In calculating the period of the further extension, any days or fractions of days of the kind mentioned in subsection (4)(c) are to be disregarded. (6) The Secretary of State may by order amend section 73A so as to alter one or more of the periods for the time being mentioned in the section. (7) But no alteration may be made by virtue of subsection (6) which results in— (a) the period mentioned in section 73A(1) exceeding 5 working days; (b) the period mentioned in section 73A(2) exceeding 10 working days; (c) the period mentioned in section 73A(3) exceeding 50 working days; (d) the period mentioned in section 73A(4) exceeding 40 working days. (8) Before making an order under subsection (6) the Secretary of State shall consult the CMA and such other persons as the Secretary of State considers appropriate.

8

(1) Section 96 (merger notices) is amended as follows.

(2) In subsection (1), for the words from “of proposed arrangements” to the end of the subsection substitute “ of arrangements or proposed arrangements which might have resulted or might result in the creation of a relevant merger situation. ”

(3) In subsection (2) after paragraph (a) (and before the “and” immediately following it) insert—

(aa) shall contain the prescribed information;

(4) After subsection (2) insert—

(2A) Where the CMA is satisfied that a merger notice meets the requirements of subsection (2), it shall give notice to that effect to the person who gave the merger notice.

(5) Omit subsections (3) and (4).

9

Sections 97 and 98 (period for considering merger notices) are omitted.

10

(1) Section 99 (certain functions in relation to merger notices) is amended as follows.

(2) In subsection (1), for “the period for considering any merger notice begins” substitute “ the initial period (within the meaning of section 34ZA) begins in relation to the merger notice ”.

(3) In subsection (5), for “the period for considering any merger notice” substitute “ the initial period (within the meaning of section 34ZA) in relation to a merger notice ”.

11

(1) Section 100 (exceptions to protection given by merger notices) is amended as follows.

(2) In subsection (1)—

(a) in the words before paragraph (a), for “Section 96(3) does not” substitute “ Sections 22(3)(za) and 33(3)(za) do not ”,

(b) in those words, for “to the Commission” substitute “ under section 22 or (as the case may be) 33 ”,

(c) in paragraph (a), for “the period for considering the merger notice” substitute “ the initial period (within the meaning of section 34ZA) in relation to the merger notice ”,

(d) omit paragraph (b),

(e) in paragraph (c), omit the words from “by such time” to the end of the paragraph, and

(f) in paragraph (e), for “the period for considering the merger notice” substitute “ the initial period (within the meaning of section 34ZA) in relation to the merger notice ”.

(3) In subsection (2)—

(a) in paragraph (a), for “section 22, 33 or 45” substitute “ section 22 or 33 ”, and

(b) in paragraph (b), for “section 96(3) does not” substitute “ sections 22(3)(za) and 33(3)(za) do not ”.

(4) In subsection (3), for “Section 96(3) does not” substitute “ Sections 22(3)(za) and 33(3)(za) do not ”.

12

(1) Section 101 (merger notices: regulations) is amended as follows.

(2) In subsection (2), in paragraph (a), omit “section 97(1), (2), (3) or (4) or”.

(3) In that subsection, omit paragraphs (c) to (f).

13

(1) Section 124 (order and regulations under Part 3) is amended as follows.

(2) In subsection (4)—

(a) after “section” insert “ 34ZC(6), ”,

(b) after “40(8),” insert “ 41B(6), ”, and

(3) In subsection (5)—

(a) after “67(7)),” insert “ 34ZC(6), ”,

(b) after “40(8),” insert “ 41B(6), ”, and

SCHEDULE 9

1

Part 4 of the 2002 Act (market investigations) is amended as follows.

2

(1) Section 133 (contents of references) is amended as follows.

(2) In subsection (1)—

(a) omit the “and” following paragraph (b),

(b) in paragraph (c), at the beginning insert “ in the case of an ordinary reference, ”, and

; and (d) in the case of a cross-market reference, the feature or features concerned and the descriptions of goods or services to which it or they relate.

(3) In subsection (2)—

(a) in paragraph (a), after “a supply” insert “ or, in the case of a cross-market reference, supplies ”, and

(b) in paragraph (b), after “an acquisition” insert “ or, in the case of a cross-market reference, acquisitions ”.

3

(1) Section 134 (questions to be decided on market investigation references) is amended as follows.

(2) In subsection (1), for “a market investigation” substitute “ an ordinary ”.

(3) After subsection (1) insert—

(1A) The CMA shall, on a cross-market reference, decide in relation to each feature and each combination of the features specified in the reference, whether the feature or combination of features, as it 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.

(4) In subsection (2), for “a market investigation” substitute “ an ordinary ”.

(5) After subsection (2) insert—

(2A) For the purposes of this Part, in relation to a cross-market reference, there is an adverse effect on competition if 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.

(6) In subsection (5)(a), after “the market” insert “ or markets ”.

(7) In subsection (7), after “the market” insert “ or markets ”.

(8) In subsection (8)(a)(i), after “the market” insert “ or markets ”.

4

In section 138 (duty to remedy adverse effects), in subsection (5), after “the market” insert “ or markets ”.

5

(1) Section 141 (questions to be decided where intervention notice under section 139(1) is in force) is amended as follows.

(2) In subsection (2), after “shall” insert “ , on an ordinary reference, ”.

(3) After subsection (2) insert—

(2A) The CMA shall, on a cross-market reference, decide in relation to each feature and each combination of the features specified in the reference, whether the feature or combination of features, as it 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.

(4) In subsection (6), after “the market” insert “ or markets ”.

6

In section 147 (remedial action by the Secretary of State), in subsection (5), after “the market” insert “ or markets ”.

7

In section 154 (undertakings in lieu of references), in subsection (4), after “the market” insert “ or markets ”.

8

(1) Section 156 (effect of undertakings under section 154) is amended as follows.

(2) Before subsection (1) insert—

(A1) No market investigation reference shall be made by the CMA or the appropriate Minister in relation to any feature, or combination of features, of a market in the United Kingdom for goods or services if— (a) the CMA has accepted an undertaking or group of undertakings under section 154 within the previous 12 months; (b) the feature or combination of features to which the undertaking or group of undertakings relates is the same as the feature or combination of features to which the reference would relate; and (c) the goods or services to which the undertaking or group of undertakings relates are of the same description as the goods or services to which the reference would relate.

(3) In subsection (1)—

(a) in the words before paragraph (a), for “market investigation” substitute “ ordinary ”,

(b) in paragraph (a), after “has” insert “ , instead of making an ordinary reference, ”, and

(4) In subsection (2), for “Subsection (1) does” substitute “ Subsections (A1) and (1) do ”.

9

(1) Section 184 (index of defined expressions for Part 4) is amended as follows.

(2) In the second column of the entry for “Adverse effect on competition”, after “134(2)” insert “ and (2A) ”.

(3) After the entry in the table for “Consumer” insert—

Cross-market reference	Section 131(6)

(4) Before the entry in the table for “Public interest consideration” insert—

Ordinary reference	Section 131(6)

SCHEDULE 10

1

Part 4 of the 2002 Act (market investigations) is amended as follows.

2

(1) Section 131 (power to make market investigation references) is amended as follows.

(2) In subsection (4)(b), after “132” insert “ or 140A(6) ”.

(3) In subsection (6), in the definition of “market investigation reference”, after “132” insert “ or 140A(6) ”.

3

In section 132 (ministerial power to make references), in subsection (4)—

(a) after “if” insert

— (a)

, and

(b) at the end insert

; or (b) a reference has been made under section 140A(6) in relation to the same matter but has not been finally determined.

4

In section 135 (variation of references), in subsection (1), for “by it or (as the case may be) by him” substitute “ by it under section 131 or (as the case may be) by the appropriate Minister under section 132 ”.

5

(1) Section 140 (supplementary provision about intervention notices under section 139(1)) is amended as follows.

(2) In subsection (1)—

(a) for paragraphs (a) and (b) substitute—

(a) the matter to which the market study notice or (as the case may be) the consultation under section 169 concerned relates; (b) the date of publication of that notice or (as the case may be) on which the process of consultation began;”, and

(b) in paragraph (c), for “case” substitute “ matter ”.

(3) In subsection (2), for “case” (in the second place where it occurs) substitute “ matter ”.

(4) After subsection (4) insert—

(4A) An intervention notice under section 139(1) shall also cease to be in force if— (a) it mentions a public interest consideration which was not finalised on the giving of the notice or public interest considerations which, at that time, were not finalised; (b) no other public interest consideration is mentioned in the notice; (c) at least 24 weeks has elapsed since the giving of the notice; (d) the public interest consideration mentioned in the notice has not been finalised within that period of 24 weeks or (as the case may be) none of the public interest considerations mentioned in the notice has been finalised within that period of 24 weeks; and (e) the Secretary of State has not, by the end of that period of 24 weeks, made a reference under section 140A in relation to the matter. (4B) Subsection (4D) applies in a case where— (a) an intervention notice ceases to be in force in accordance with subsection (4A); (b) the CMA has, before the time at which the notice ceases to be in force, prepared a market study report in relation to the matter within the period permitted by section 131B(4) and given it to the Secretary of State in accordance with section 140A(3)(b); and (c) the report contains the decision of the CMA that it should make a reference in relation to the matter concerned under section 131. (4C) Subsection (4D) also applies in a case where— (a) an intervention notice ceases to be in force in accordance with subsection (4A); and (b) the CMA has, before the time at which the notice ceases to be in force— (i) decided that it should make an ordinary reference or a cross-market reference under section 131 in relation to the matter concerned; and (ii) given a document containing its decision, the reasons for it and such information as the CMA considers appropriate for facilitating a proper understanding of the reasons for its decision to the Secretary of State in accordance with section 140A(3)(c). (4D) In a case to which this subsection applies— (a) the CMA shall, as soon as reasonably practicable, make a reference in relation to the matter under section 131; and (b) the reference is to be treated for the purposes of this Part as having been made in accordance with the requirements imposed by this Part.

(5) In subsection (5)—

(a) before paragraph (a) insert—

(za) the CMA accepts an undertaking under section 154 instead of making a reference under section 131 in relation to the matter; (zb) the CMA publishes notice that it has otherwise decided not to make a reference under section 131 in relation to the matter; (zc) the period permitted for the preparation by the CMA of the market study report in relation to the matter and for the report to be published under section 131B(4) or (as the case may be) given to the Secretary of State under section 140A(3) has expired and no such report has been so prepared or no such action has been taken; (zd) the Secretary of State makes a reference under section 140A(5) in relation to the matter;

(b) in paragraph (a), after “143(1) or (3)” insert “ or (as the case may be) 143A(2) or (3) ”,

(d) in paragraph (d), at the end insert “ or (as the case may be) fails to make and publish a decision under subsection (2) of section 146A within the period required by subsection (6) of that section ”,

(e) in paragraph (e), at the end insert “ or (as the case may be) decides under section 146A(2) to make no finding at all in relation to the matter ”, and

(f) in paragraph (f), after “147(2)” insert “ or (as the case may be) 147A(2) ”.

(6) In subsection (6)—

(a) before paragraph (a) insert—

(za) in a case falling within subsection (5)(za), the acceptance of the undertaking concerned; (zb) in a case falling within subsection (5)(zb), the publication of the notice concerned;

(b) in paragraph (a), after “(5)” insert “ (zc), ”, and

(aa) in a case falling within subsection (5)(zd), the making of the reference concerned;

(7) After subsection (6) insert—

(6A) In subsection (6)(za) the reference to the acceptance of the undertaking concerned shall, in a case where the CMA has accepted a group of undertakings under section 154, be treated as a reference to the acceptance of the last undertaking in the group; but undertakings which vary, supersede or revoke earlier undertakings shall be disregarded for the purposes of subsections (5)(za) and (6)(za).

(8) In subsection (7), after “147(2)” insert “ or (as the case may be) 147A(2) ”.

6

After section 140A (inserted by section 35) insert—

(140B) (1) The Secretary of State may at any time vary a restricted PI reference or a full PI reference. (2) The Secretary of State shall consult the CMA before varying any such reference. (3) But subsection (2) does not apply if the CMA requested the variation concerned. (4) No variation under this section is capable of altering the public interest consideration or considerations specified in the reference.

7

(1) Section 141 (questions to be decided where section 139(1) intervention notice is in force) is amended as follows.

(2) For subsection (1) substitute—

(1) This section applies where the Secretary of State makes a restricted PI reference.

(3) For the heading, substitute “ Restricted PI references: questions to be decided by CMA ”.

8

(1) Section 142 (investigations and reports) is amended as follows.

(2) In subsection (1)—

(a) for the words from the beginning to “the Commission” substitute “ Where the Secretary of State makes a restricted PI reference or a full PI reference, the CMA ”, and

(b) after “section 143(1) or (3)” insert “ or (as the case may be) 143A(2) or (3) ”.

(3) In subsection (2)—

(a) in paragraph (a), at the end insert “ or (as the case may be) 141A ”,

(b) omit the “and” after paragraph (b), and

; and (d) in the case of a report in relation to a full PI reference in respect of which the Secretary of State appointed a public interest expert, a summary of the views of the expert.

(4) After subsection (2) insert—

(2A) A summary of the views of a public interest expert in a report under this section shall be approved by the expert before action is taken in relation to the report under section 143A(2) or (3).

9

(1) Section 143 (publication etc of reports) is amended as follows.

(2) Before subsection (1) insert—

(A1) This section applies in relation to a report prepared under section 142 in respect of a restricted PI reference.

(3) In subsection (1), in the words before paragraph (a), for “a report under section 142” substitute “ the report ”.

(4) Omit subsection (2).

(5) In subsection (3), for “a report under section 142” substitute “ the report ”.

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

(7) For the heading substitute “ Restricted PI references: publication etc of reports of CMA ”.

10

After section 143 insert—

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