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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

Section 194 (composition of Competition Commission for price control references) is omitted.

100

In section 197 (interpretation of Chapter 3), before the definition of “network access” insert—

Energy Act 2004 (c. 20)

101

The Energy Act 2004 is amended as follows.

102

(1) Section 173 (appeals) is amended as follows.

(2) In subsection (1)—

(a) omit “shall lie to the Competition Commission”, and

(b) after “applies” insert “ shall lie to the Competition and Markets Authority (in this Chapter referred to as “the CMA”) ”.

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

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

103

(1) Section 174 (procedure on appeals) 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 22, the functions of the CMA with respect to appeals under section 173 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.

104

(1) Section 175 (determination of appeals) is amended as follows.

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

(3) In subsection (9)—

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

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

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

105

Section 176 is omitted.

106

Section 177 is omitted.

107

(1) Schedule 22 (procedure for appeals under section 173) is amended as follows.

(2) In paragraph 1—

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

(b) in sub-paragraph (8), for “Commission's” substitute “CMA's”,

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

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

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

(3) In paragraph 2, in sub-paragraphs (1), (2), (5) and (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.

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

(5) In paragraph 4, in sub-paragraph (1), for “Commission” substitute “ CMA ”.

(6) In paragraph 5—

(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 173 ”, and

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

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

(7) In paragraph 6—

(a) in sub-paragraph (1), for the words from the beginning to “that appeal” substitute “ The CMA must determine an appeal ”,

(b) in sub-paragraph (2)—

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

(ii) after “requirements” insert “ in respect of an appeal ”, and

(8) In paragraph 7—

(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 ”.

(9) In paragraph 8—

(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), for the words from “Commission's” to the end, substitute “ CMA's behalf by an authorised member of the CMA ”.

(10) In paragraph 9—

(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 him” 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 ”.

(11) In paragraph 10—

(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 ”

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

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

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

(15) In paragraph 15, 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”,

“the CMA” means the Competition and Markets Authority;” “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”.

Legal Services Act 2007 (c. 29)

108

The Legal Services Act 2007 is amended as follows.

109

(1) Section 57 (reports) is amended as follows.

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

(3) In subsection (2), for “OFT's” substitute “CMA's”.

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

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

110

(1) Section 58 (Board's response to report) is amended as follows.

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

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

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

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

111

(1) Section 59 (referral of report by Lord Chancellor) is amended as follows.

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

(3) In subsection (4), for the words from “must” to “its advice” substitute “ must make a reference to the chair of the CMA for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, for the purpose of advising the Lord Chancellor ”.

(4) After subsection (4), insert—

(5) Where a reference is made to the chair of the CMA under this section for the constitution of a group, the functions of the CMA under section 60, in relation to the matter concerned, are to be carried out on behalf of the CMA by the group so constituted (including functions under sections 109 to 115 of the Enterprise Act 2002, as applied by section 60(9)).

(5) In the heading, omit “to the Competition Commission”.

112

(1) Section 60 (duties of the Competition Commission) is amended as follows.

(2) In subsection (1), for the words from “seeks” to “the Commission” substitute “ makes a reference under section 59, the CMA ”.

(3) In subsection (2), for “The Commission must then make its own report” substitute “ The CMA must then make a report ”.

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

(5) In subsection (4)—

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

(b) for the words from “it receives” to the end substitute “ the reference in question is made to the chair of the CMA under section 59 ”.

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

(7) In subsection (6)—

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

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

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

(9) In subsection (8)—

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

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

(10) In subsection (9)—

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

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

(11) In subsection (10)—

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

(b) for “OFT's report” substitute “ report made by the CMA under section 57 ”.

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

113

(1) Section 61 (Lord Chancellor's power to give directions) is amended as follows.

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

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

114

In section 66 (Board's power to recommend orders), in subsection (3)(b), for “OFT” substitute “ CMA ”.

115

In section 67 (effect of Board's designation as approved regulator), in subsection (3), for “OFT” substitute “ CMA ”.

116

In section 207 (interpretation), in subsection (1)—

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

the CMA” means the Competition and Markets Authority;

, and

(b) omit the definition of “the OFT”.

117

(1) Schedule 4 (approved regulators) is amended as follows.

(2) In paragraph 5, in sub-paragraph (2)(a), for “OFT” substitute “ CMA ”.

(3) In the italic cross-heading preceding paragraph 6, for “Office of Fair Trading” substitute “ Competition and Markets Authority ”.

(4) In paragraph 6, in sub-paragraphs (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

(5) In paragraph 15, in sub-paragraph (5)(a), for “OFT” substitute “ CMA ”.

118

(1) Schedule 6 (alteration of reserved legal activities) is amended as follows.

(2) In paragraph 3, in sub-paragraph (1)(b), for “OFT” substitute “ CMA ”.

(3) In paragraph 5, in sub-paragraphs (1) to (4), for “OFT” (in each place where it occurs) substitute “ CMA ”.

(4) In paragraph 8, in sub-paragraph (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.

(5) In paragraph 9, in sub-paragraph (2)(b), for “OFT” substitute “ CMA ”.

(6) In paragraph 11, in sub-paragraph (4)(a), for “OFT” substitute “ CMA ”.

(7) In paragraph 17, in sub-paragraph (4)(a), for “OFT” substitute “ CMA ”.

119

(1) Schedule 7 (directions: procedure) is amended as follows.

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

(3) In the italic cross-heading preceding paragraph 5, for “Office of Fair Trading” substitute “ Competition and Markets Authority ”.

(4) In paragraph 5, in sub-paragraphs (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

120

(1) Schedule 8 (intervention directions: procedure) is amended as follows.

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

(3) In the italic cross-heading preceding paragraph 5, for “Office of Fair Trading” substitute “ Competition and Markets Authority ”.

(4) In paragraph 5, in sub-paragraphs (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

(5) In paragraph 14, in sub-paragraph (3)(b), for “OFT” substitute “ CMA ”.

(6) In the italic cross-heading preceding paragraph 16, for “Office of Fair Trading” substitute “ Competition and Markets Authority ”.

(7) In paragraph 16, in sub-paragraphs (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

121

(1) Schedule 9 (cancellation of designation as approved regulator) is amended as follows.

(2) In paragraph 3, in sub-paragraph (2)(a), for “OFT” substitute “ CMA ”.

(3) In the italic cross-heading preceding paragraph 4, for “Office of Fair Trading” substitute “ Competition and Markets Authority ”.

(4) In paragraph 4, in sub-paragraphs (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

122

(1) Schedule 10 (designation of approved regulators as licensing authorities) is amended as follows.

(2) In paragraph 3, in sub-paragraph (2)(a), for “OFT” substitute “ CMA ”.

(3) In the italic cross-heading preceding paragraph 4, for “Office of Fair Trading” substitute “ Competition and Markets Authority ”.

(4) In paragraph 4, in sub-paragraphs (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

(5) In paragraph 13, in sub-paragraph (5)(a), for “OFT” substitute “ CMA ”.

(6) In paragraph 19, in sub-paragraph (2)(a), for “OFT” substitute “ CMA ”.

(7) In the italic cross-heading preceding paragraph 20, for “Office of Fair Trading” substitute “ Competition and Markets Authority ”.

(8) In paragraph 20, in sub-paragraphs (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

123

In Schedule 24 (index of defined expressions)—

(a) at the appropriate place insert—

CMA	section 207

, and

(b) omit the reference to the OFT.

Postal Services Act 2011 (c. 5)

124

The Postal Services Act 2011 is amended as follows.

125

(1) Section 59 (price control decisions) is amended as follows.

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

(3) In subsections (5) to (12), for “Commission” (in each place where it occurs) substitute “ CMA ”.

(4) After subsection (12) insert—

(12A) The CMA's functions with respect to an appeal under this section are to be carried out on its behalf by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013

126

In section 60 (section 59: supplementary), in subsections (1) and (4) to (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.

127

The Health and Social Care Act 2012 is amended as follows.

128

(1) Section 101 (licence condition modification references) 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 (4)—

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

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

(4) 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).

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

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

129

In section 102 (modification of conditions by order under other enactments), in subsection (1), for “Office of Fair Trading, Competition Commission” substitute “ CMA ”.

130

In section 103 (standard condition as to transparency of certain criteria), in subsection (3)—

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

(b) in paragraph (c), for “Office of Fair Trading, Competition Commission” substitute “ CMA ”.

131

(1) Section 120 (responses to consultation on proposals for national tariff) is amended as follows.

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

(3) In subsection (5), omit the words from the beginning to “instead,”.

(4) After subsection (5), insert—

(5A) Except where specified otherwise in Schedule 12, the functions of the CMA with respect to a reference under this section (including functions relating to the making of changes following a determination on a reference) 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.

132

(1) Section 121 (determination on reference under section 120) is amended as follows.

(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—

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Enterprise and Regulatory Reform Act 2013

100

Energy Act 2004 (c. 20)

101

102

103

104

105

106

107

Legal Services Act 2007 (c. 29)

108

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110

111

112

113

114

115

116

117

118

119

120

121

122

123

Postal Services Act 2011 (c. 5)

124

125

126

Health and Social Care Act 2012 (c. 7)

127

128

129

130

131

132

133

134

135

136

137

138

139

Civil Aviation Act 2012 (c. 19)

140

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142

143

144

145

146

147

148

PART 2 — Amendments to other enactments

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

149

150

151

152

153

154

155

156

157

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

158

159

160

161

162

163

164

165

166

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

167

168

169