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The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014

Type Statutory-Instrument

Publication 2014-03-31

Last updated 2018-06-27

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(5A) Section 130A of the 2002 Act is to have effect in its application in relation to the CAA by virtue of subsections (1) and (2)— (a) as if for subsection (1) of that section there were substituted— (1) Where the Civil Aviation Authority— (a) is proposing to carry out its functions under section 91(1) of the Transport Act 2000 in relation to a matter for the purposes mentioned in subsection (2), and (b) considers that the matter is one in respect of which it would be appropriate for the Authority to exercise its powers under section 174 (investigation) in connection with deciding whether to make a reference under section 131, the Authority must publish a notice under this section (referred to in this Part as a “market study notice”). (b) as if in subsection (2)(a) of that section, for “the acquisition or supply of goods or services of one or more than one description in the United Kingdom” there were substituted “the supply of air traffic services (within the meaning given by section 98 of the Transport Act 2000)”.

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

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

155

(1) Section 89 (carrying out functions)[^f00142] is amended as follows.

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

(3) In subsection (4)—

(a) for “reference to the Competition Commission” substitute “market investigation reference (under section 131 of the 2002 Act)”,

(b) for “Commission in its” substitute “CMA group (constituted under Schedule 4 to the Enterprise and Regulatory Reform Act 2013) which is to conduct the”, and

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

156

In section 90 (publication of information and advice)[^f00143], in subsection (6), for “Office of Fair Trading” substitute “Competition and Markets Authority”.

157

In section 91 (review and information)[^f00144], in subsections (3) and (4), for “the Office of Fair Trading” (in each place where it occurs) substitute “the Competition and Markets Authority”.

158

In Schedule 9 (air traffic: information)[^f00145]—

(a) in paragraph 3(1)(a), for “Competition Commission” substitute “Competition and Markets Authority”,

(b) in paragraph 3(2)—

(i) omit paragraph (b), and

(ii) in paragraph (c), for “Competition Commission” substitute “Competition and Markets Authority”,

(rg) Parts 3 and 4 of the Enterprise and Regulatory Reform Act 2013;

(d) in paragraph 5(1)(a), for “Competition Commission” substitute “Competition and Markets Authority”, and

(e) in paragraph 5(3), for “the Office of Fair Trading” substitute “the Competition and Markets Authority”.

Proceeds of Crime Act 2002

159

In Part 2 of Schedule 9 to the Proceeds of Crime Act 2002 (supervisory authorities)[^f00146], in paragraph 4(1), omit sub-paragraph (e).

Communications Act 2003

160

The Communications Act 2003[^f00147] is amended as follows.

161

(1) Section 370 (OFCOM’s functions under Part 4 of the Enterprise Act 2002)[^f00148] is amended as follows.

(2) In subsection (1), for “Office of Fair Trading” substitute “Competition and Markets Authority (referred to in this Part as “the CMA”)”.

(3) In subsection (2)—

(a) for “and 171” substitute “, 171 and 174E”,

(b) for “Office of Fair Trading” substitute “CMA”, and

those functions— (a) are exercisable by the CMA Board (within the meaning of Schedule 4 to the Enterprise and Regulatory Reform Act 2013), and (b) relate to

(4) In subsection (3)—

(a) for “(1) and (2), references” substitute—

(1) and (2)— (a) references

(b) for “Office of Fair Trading” substitute “CMA”, and

(except in sections 166, 171 and 174E and where the context otherwise requires); (b) references in that Part to the CMA carrying out functions under section 5 of the Enterprise Act 2002 are to be construed as including references to OFCOM exercising powers under section 1(3) of this Act to obtain, compile and keep under review information about matters relating to the carrying out of its functions.

(5) After subsection (3) insert—

(3A) Section 130A of the Enterprise Act 2002 is to have effect in its application in relation to OFCOM by virtue of subsections (1) and (2)— (a) as if for subsection (1) of that section there were substituted— (1) Where the Office of Communications— (a) is proposing to fulfil its duties under section 3(1) of the Communications Act 2003 by obtaining, compiling and keeping under review information in relation to a matter for the purposes mentioned in subsection (2), and (b) considers that the matter is one in respect of which it would be appropriate for it to exercise its powers under section 174 (investigation) in connection with deciding whether to make a reference under section 131, the Office of Communications must publish a notice under this section (referred to in this Part as a “market study notice”). (b) as if in subsection (2)(a) of that section, for “the acquisition or supply of goods or services of one or more than one description in the United Kingdom” there were substituted “commercial activities connected with communications matters (within the meaning given by section 369(1) of the Communications Act 2003)”.

(6) In subsection (4), in the wording before paragraph (a)—

(a) for “subsection (2) the reference” substitute “subsections (2) and (3A) the references”,

(b) for “it is a reference” substitute “they are references”, and

(7) In subsections (5) and (6), for “Office of Fair Trading” (in each place where it occurs) substitute “CMA”.

(8) In subsection (7)—

(a) in the words before paragraph (a), for “the Competition Commission” substitute “a CMA group”,

(b) also in those words, for “reference made to them by OFCOM” substitute “market investigation reference made by OFCOM (under section 131 of the Enterprise Act 2002)”, and

(9) After subsection (7) insert—

(7A) In subsection (7) “CMA group” has the same meaning as in Schedule 4 to the Enterprise and Regulatory Reform Act 2013.

(10) In subsections (9), (10) and (12), for “Office of Fair Trading” (in each place where it occurs) substitute “CMA”.

162

(1) In section 371 (OFCOM’s functions under the Competition Act 1998)[^f00149], for “Office of Fair Trading” (in each place where it occurs) substitute “CMA”.

163

Omit section 388 (alterations concerning newspaper panel of Competition Commission).

164

(1) In section 393 (general restrictions on disclosure of information)[^f00150]—

(a) in subsection (3)—

(i) in paragraph (d), for “Office of Fair Trading” substitute “Competition and Markets Authority”, and

(ii) omit paragraph (e),

(b) in subsection (5), at the end, insert—

(r) Parts 3 and 4 of the Enterprise and Regulatory Reform Act 2013.

, and

165

In Schedule 11 (approval, imposition and modification of networking arrangements)[^f00151], for “Office of Fair Trading” (in each place where it occurs) substitute “Competition and Markets Authority”.

Gambling Act 2005

166

In Part 2 of Schedule 6 to the Gambling Act 2005 (exchange of information: enforcement and regulatory bodies)[^f00152], for “The Office of Fair Trading” substitute “the Competition and Markets Authority”.

Companies Act 2006

167

The Companies Act 2006[^f00153] is amended as follows.

168

In Part 2 of Schedule 2 (specified descriptions of disclosures), in section (A) (United Kingdom)[^f00154]—

(a) in paragraph 25—

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

(ii) after sub-paragraph (j), insert—

(k) Parts 3 and 4 of the Enterprise and Regulatory Reform Act 2013.

, and

(b) omit paragraph 26.

169

In Part 2 of Schedule 11A (specified descriptions of disclosures)[^f00155]—

(a) in paragraph 39—

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

(ii) after sub-paragraph (i), insert—

(j) Parts 3 and 4 of the Enterprise and Regulatory Reform Act 2013.

, and

(b) omit paragraph 40.

Compensation Act 2006

170

In section 15 of the Compensation Act 2006 (provision of regulated claims management services: orders and regulations)[^f00156], in subsection (3)(a)(i), for “Office of Fair Trading” substitute “Competition and Markets Authority”.

Wireless Telegraphy Act 2006

171

(1) Section 111 of the Wireless Telegraphy Act 2006 (disclosure of information: general restrictions)[^f00157] is amended as follows.

(2) In subsection (4)—

(i) in paragraph (d), for “Office of Fair Trading” substitute “Competition and Markets Authority”, and

(ii) omit paragraph (e).

(3) In subsection (6), at the end, insert—

(p) Parts 3 and 4 of the Enterprise and Regulatory Reform Act 2013.

Consumers, Estate Agents and Redress Act 2007

172

The Consumers, Estate Agents and Redress Act 2007[^f00158] is amended as follows.

173

In section 24 (provision of information to the Council)[^f00159], in subsection (3)(a), for “Office of Fair Trading” substitute “Competition and Markets Authority”.

174

In section 27 (provision of information by the Council), in subsection (3)(a), for “Office of Fair Trading” substitute “Competition and Markets Authority”.

Legal Services Act 2007

175

The Legal Services Act 2007[^f00160] is amended as follows.

176

(1) Section 57 (reports by competition authority)[^f00161] is amended as follows.

(2) In subsection (5)—

(a) after “to (5)” insert “and (6A)”, and

(b) at the end, insert “and references in section 174 of the Enterprise Act 2002 to a “permitted purpose” are to be construed accordingly”.

(3) After subsection (5) insert—

(5A) Where the CMA exercises any of its powers under section 174 of the Enterprise Act 2002 for the purpose referred to in subsection (5), “the relevant day” for the purposes of section 174B of the Enterprise Act 2002 is the day on which the CMA publishes its report.

177

In section 60(9) (duties of the competition authority)[^f00162]—

(a) in the wording before paragraph (a), for “109 to 115” substitute “109 to 110A and 111 to 115”, and

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

(a) references in section 109 of that Act (attendance of witnesses and production of documents etc) to a permitted purpose were references to the purpose of assisting the CMA in carrying out any of its functions in connection with an investigation under this section, and (b) the relevant day in any case for the purposes of section 110A of that Act (restriction on powers to impose penalties under section 110) were the day on which the CMA makes a report under subsection (2) or a statement under subsection (3) in connection with that case.

Regulatory Enforcement and Sanctions Act 2008

178

The Regulatory Enforcement and Sanctions Act 2008[^f00163] is amended as follows.

179

In section 12 (relationship with other regulators)[^f00164], in subsection (2)(e), for “Office of Fair Trading” substitute “Competition and Markets Authority”.

180

In section 73 (functions to which section 72 applies)[^f00165], in subsection (2)—

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

(b) at the end of the words after paragraph (e), insert “or any function exercisable by a CMA group (within the meaning of Schedule 4 to the Enterprise and Regulatory Reform Act 2013) or a member of the CMA panel (within the meaning of that Schedule)”.

181

In Schedule 5 (designated regulators)[^f00166], in the list of regulators—

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

(b) omit the entry “Office of Fair Trading”.

Equality Act 2010

182

In Part 1 of Schedule 19 to the Equality Act 2010 (public authorities: general)[^f00167], under the heading “Industry, business, finance etc”, omit “The Competition Commission”.

Public Bodies Act 2011

183

In Schedule 2 to the Public Bodies Act 2011 (power to merge: bodies and offices)[^f00168], omit the entry for Group 5, including the associated references to the Competition Commission and the Office of Fair Trading (“OFT”).

Postal Services Act 2011

184

The Postal Services Act 2011[^f00169] is amended as follows.

185

In section 51 (consumer protection conditions)[^f00170], in subsection (4A), for “Office of Fair Trading” substitute “Competition and Markets Authority”.

186

In section 56 (general restriction on disclosure of information), in subsection (2)(c), for “Competition Commission” substitute “Competition and Markets Authority”.

187

The Health and Social Care Act 2012[^f00171] is amended as follows.

188

(1) In section 72 (functions under the Competition Act 1998)[^f00172], for “Office of Fair Trading” (in each place where it occurs) substitute “CMA”.

189

(1) Section 73 (functions under Part 4 of the Enterprise Act 2002) is amended as follows.

(2) In subsection (1), for “Office of Fair Trading” substitute “CMA”.

(3) In subsection (2)—

(a) for “and 171” substitute “, 171 and 174E”,

(b) for “Office of Fair Trading” substitute “CMA”, and

those functions— (a) are exercisable by the CMA Board (within the meaning of Schedule 4 to the Enterprise and Regulatory Reform Act 2013), and (b) relate to

(4) In subsection (3)—

(a) for “(1) and (2), references” substitute—

(1) and (2)— (a) references

(b) for “Office of Fair Trading” substitute “CMA”, and

166, 171 and 174E; (b) references in that Part to section 5 of the Enterprise Act 2002 are to be construed as including references to paragraph 14 of Schedule 8 to this Act.

(5) After subsection (3) insert—

(3A) Section 130A of the Enterprise Act 2002 is to have effect in its application in relation to Monitor by virtue of subsections (1) and (2)— (a) as if for subsection (1) of that section there were substituted— (1) Where Monitor— (a) is proposing to carry out its functions under paragraph 14 of Schedule 8 to the Health and Social Care Act 2012 in relation to a matter for the purposes mentioned in subsection (2), and (b) considers that the matter is one in respect of which it would be appropriate for it to exercise its powers under section 174 (investigation) in connection with deciding whether to make a reference under section 131, Monitor must publish a notice under this section (referred to in this Part as a “market study notice”). (b) as if in subsection (2)(a) of that section, for “the acquisition or supply of goods or services of one or more than one description in the United Kingdom has or may have effects adverse to consumers” there were substituted “activities which concern the provision of health care services in England (within the meaning given by section 64 of the Health and Social Care Act 2012) has or may have effects adverse to the interests of people who use those services”.

(6) In subsections (4) to (6), for “Office of Fair Trading” (in each place where it occurs) substitute “CMA”.

190

In section 74 (competition functions: supplementary), in subsections (1) and (3), for “Office of Fair Trading” (in each place where it occurs) substitute “CMA”.

191

In section 79 (mergers involving NHS foundation trusts), for “Office of Fair Trading” (in each place where it occurs) substitute “CMA”.

192

(1) Section 80 (co-operation) is amended as follows.

(2) In subsection (1), for “Office of Fair Trading” substitute “CMA”.

(3) After subsection (2), insert—

(3) The reference in subsection (1) to the functions of the CMA is a reference to those functions which are exercisable by the CMA Board (within the meaning of Schedule 4 to the Enterprise and Regulatory Reform Act 2013).

(4) In the heading, for “Office of Fair Trading” substitute “CMA”.

193

In section 97 (conditions: supplementary), in subsection (1)(d), for “Office of Fair Trading” substitute “CMA”.

194

In section 102 (modification by order under other enactments)[^f00173], in subsection (4)(c), after “the market” insert “or markets”.

195

(1) Paragraph 10 of Schedule 10 (references by Monitor to the CMA: powers of investigation) is amended as follows.

(2) In sub-paragraph (1), in the wording before paragraph (a), after “sub-paragraphs” insert “(2A),”.

(3) In sub-paragraph (2), after “sub-paragraphs” insert “(2A),”.

(4) After sub-paragraph (2), insert—

(2A) Section 109, in its application by virtue of sub-paragraph (1) or (2), has effect as if— (a) for subsection (A1), there were substituted— (A1) For the purposes of this section, the permitted purposes are the following— (a) assisting the CMA in carrying out any functions exercisable by it in connection with a reference under Schedule 10 to the Health and Social Care Act 2012; (b) assisting the CMA in carrying out any functions exercisable by it under paragraph 8 of that Schedule. (b) subsection (8A) were omitted.

(5) In sub-paragraph (3), after paragraph (a), insert—

(aa) after subsection (3), there were inserted— (3A) No penalty shall be imposed by virtue of subsection (1), (3) or (5) if more than 4 weeks have passed since the publication of the report of the CMA on the reference concerned; but this subsection shall not apply in relation to any variation or substitution of the penalty which is permitted by virtue of this Part.

(6) In sub-paragraph (4)—

(a) at the end of paragraph (a) insert “and”, and

(b) for paragraphs (b) and (c), substitute—

(b) after subsection (3), there were inserted— (3A) No penalty shall be imposed by virtue of subsection (1), (3) or (5) if more than 4 weeks have passed since the relevant day; but this subsection shall not apply in relation to any variation or substitution of the penalty which is permitted by virtue of this Part. (3AB) The relevant day for the purposes of subsection (3A) is— (a) the day on which the CMA published a notice under paragraph 8(12) of Schedule 10 to the Health and Social Care Act 2012 in connection with the reference concerned, or (b) if it has not given a direction under paragraph 8(1) of that Schedule in connection with the reference and within the permitted period, the latest day on which it was possible to give such a notice within that period.

(7) For sub-paragraph (6) substitute—

(6) Section 111(5)(b), in its application by virtue of sub-paragraph (1), has effect as if for sub-paragraph (ii) there were substituted— (ii) if earlier, the day on which the report of the CMA on the reference concerned is made or, if no such report is made within the period permitted for that purpose, the latest day on which it was possible to make the report within the permitted period.

(8) In sub-paragraph (7), for “110(4A)” substitute “110(3AB)”.

Civil Aviation Act 2012

196

The Civil Aviation Act 2012[^f00174] is amended as follows.

197

(1) Section 60 (functions under Part 4 of the Enterprise Act 2002) is amended as follows.

(2) In subsection (1)—

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

(b) for “OFT” substitute “CMA”.

(3) In subsection (2)—

(a) for “OFT’s” substitute “CMA’s”,

(b) after “investigations)” insert “, other than functions under sections 166, 171 and 174E,”,

those functions— (a) are exercisable by the CMA Board (within the meaning of Schedule 4 to the Enterprise and Regulatory Reform Act 2013), and (b)

, and

(d) omit “, other than functions under sections 166 and 171”.

(4) In subsection (3)—

(a) for “OFT” substitute “CMA”, and

(b) for “and 171” substitute “, 171 and 174E”.

(5) After subsection (3) insert—

(3A) References to section 5 of the Enterprise 2002 in Part 4 of that Act must be read as including a reference to section 64(1) of this Act.

(6) In subsection (4)—

(a) omit “subsection (3) applies”,

(b) in paragraph (a), for “only so far as it is” substitute “subsections (3) and (3A) apply only so far as they are”, and

(7) After subsection (4) insert—

(4A) Section 130A of the Enterprise Act 2002 is to have effect in its application to the CAA by virtue of subsections (1) and (2)— (a) as if for subsection (1) of that section there were substituted— (1) Where the Civil Aviation Authority— (a) is proposing to carry out its functions under section 64(1) of the Civil Aviation Act 2012 in relation to a matter for the purposes mentioned in subsection (2), and (b) considers that the matter is one in respect of which it would be appropriate for the Authority to exercise its powers under section 174 (investigation) in connection with deciding whether to make a reference under section 131, the Authority must publish a notice under this section (referred to in this Part as a “market study notice”). (b) as if in subsection (2)(a) of that section, for “the acquisition or supply of goods or services of one or more than one description in the United Kingdom” there were substituted “the provision of airport operation services (within the meaning given by section 68 of the Civil Aviation Act 2012)”.

198

(1) Section 61 (Enterprise Act 2002: supplementary) is amended as follows.

(2) In subsection (1), for “Office of Fair Trading (“the OFT”)” substitute “Competition and Markets Authority (“the CMA”)”.

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

(4) In subsection (3) for “reference to the Competition Commission” substitute “market investigation reference (under section 131 of the 2002 Act)”.

(5) In subsection (4)—

(a) for “the Competition Commission” substitute “to the CMA group (constituted under Schedule 4 to the Enterprise and Regulatory Reform Act 2013) which is to conduct the investigation on the reference”, and

(b) in paragraphs (a) and (b) for “Commission” (in each place where it occurs) substitute “group”.

(6) In subsection (5)—

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

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

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

(8) In subsections (8) and (9), for “OFT” (in each place where it occurs) substitute “CMA”.

199

(1) Section 62 (functions under Competition Act 1998)[^f00175] is amended as follows.

(2) In subsection (1)—

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

(b) for “OFT” substitute “CMA”.

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

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

200

In section 63 (Competition Act 1998: supplementary), for “Office of Fair Trading” (in each place where it occurs) substitute “Competition and Markets Authority”.

201

In section 64 (review etc of airport operation services), in subsection (2)—

(a) in the words before paragraph (a), for “Office of Fair Trading (“the OFT”)” substitute “Competition and Markets Authority (“the CMA”)”, and

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

202

In section 65 (power to modify CAA’s competition powers) in subsection (1), in the words before paragraph (a), for “Office of Fair Trading” substitute “Competition and Markets Authority”.

203

(1) Schedule 6 (restrictions on disclosing information) is amended as follows.

(2) In paragraph 4(2)—

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

(b) omit the entry for the Office of Fair Trading.

(3) In paragraph 4(3), after “Postal Services Act 2011;” insert—

Parts 3 and 4 of the Enterprise and Regulatory Reform Act 2013;

Groceries Code Adjudicator Act 2013

204

The Groceries Code Adjudicator Act 2013[^f00176] is amended as follows.

205

In section 13 (recommendations to Office of Fair Trading), at the end and in the heading, for “Office of Fair Trading” substitute “Competition and Markets Authority”.

206

In section 14 (annual report), in subsections (4) and (5)(b), for “Office of Fair Trading” substitute “Competition and Markets Authority”.

207

In section 15 (review of Adjudicator and guidance from Secretary of State), in subsection (8)—

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

(b) omit paragraph (c).

208

In Schedule 1 (the Adjudicator), in paragraph 17 (assistance from the Office of Fair Trading), at the beginning and in the heading, for “Office of Fair Trading” substitute “Competition and Markets Authority”.

PART 3 — Amendments to other enactments

Agricultural Marketing Act (Northern Ireland) 1964

209

In section 23 of the Agricultural Marketing Act (Northern Ireland) 1964 (restrictions on disclosing information or returns)[^f00177], in subsection (2), for paragraph (aaa)[^f00178] substitute—

(aaa) made to the Competition and Markets Authority, if it is made for the purpose of enabling the Authority to perform any of its functions under the Fair Trading Act 1973, the Competition Act 1980 or Part 3 of the Enterprise and Regulatory Reform Act 2013;

Agricultural Marketing (Northern Ireland) Order 1982

210

(1) The Agricultural Marketing (Northern Ireland) Order 1982[^f00179] is amended as follows.

(2) In Article 23 (action following report by Competition Commission)[^f00180]—

(a) in paragraph (3), after “147(2)” insert “or 147A(2)”, and

(b) in paragraph (4)(a) and in the heading, for “Competition Commission” substitute “Competition and Markets Authority”.

(3) In Article 29 (restrictions on disclosing certain information obtained under Part II)[^f00181], in paragraph (3), for sub-paragraph (c) substitute—

(c) made to the Competition and Markets Authority, if it is made for the purpose of enabling the Authority to perform any of its functions under the Fair Trading Act 1973, the Competition Act 1980 or Part 3 of the Enterprise and Regulatory Reform Act 2013;

(4) In Article 42 (action following report by Monopolies and Mergers Commission)[^f00182]—

(a) in paragraph (1B), after “147(2)” insert “or 147A(2)”, and

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

Electricity (Northern Ireland) Order 1992

211

The Electricity (Northern Ireland) Order 1992[^f00183] is amended as follows.

212

In Article 15 (modification references)[^f00184], in paragraph (9A)—

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

(b) for “chairman of the Commission” substitute “chair of the CMA”.

213

(1) Article 15B (references under Article 15: powers of investigation)[^f00185] is amended as follows.

(2) In paragraph (1), after “paragraphs” insert “(1A),”.

(3) After paragraph (1), insert—

(1A) Section 109 shall, in its application by virtue of paragraph (1), have effect as if— (a) for subsection (A1), there were substituted— (A1) For the purposes of this section, a permitted purpose is assisting the CMA in carrying out any functions exercisable by it in connection with a reference under Article 15 of the Electricity (Northern Ireland) Order 1992. (b) subsection (8A) were omitted.

(4) In paragraph (2)—

(a) at the end of sub-paragraph (a), omit “and”,

(b) after sub-paragraph (a), insert—

(aa) after subsection (3), there were inserted— (3A) No penalty shall be imposed by virtue of subsection (1) or (3) if more than 4 weeks have passed since the publication of the report of the CMA on the reference concerned; but this subsection shall not apply in relation to any variation or substitution of the penalty which is permitted by virtue of this Part.

(5) For paragraph (3) substitute—

(3) Section 111(5)(b) shall, in its application by virtue of paragraph (1), have effect as if for sub-paragraph (ii) there were substituted— (ii) if earlier, the day on which the report of the CMA on the reference concerned is made or, if no such report is made within the period permitted for that purpose, the latest day on which the report may be made within the permitted period.

214

(1) Article 17A (competition authority’s power to veto modifications following report)[^f00186] is amended as follows.

(2) In paragraph (14), after “paragraphs” insert “(14A),”.

(3) After paragraph (14), insert—

(14A) Section 109 shall, in its application by virtue of paragraph (14), have effect as if— (a) for subsection (A1), there were substituted— (A1) For the purposes of this section, a permitted purpose is assisting the CMA in carrying out any functions exercisable by it in connection with an investigation for the purposes of the exercise of its functions under Article 17A of the Electricity (Northern Ireland) Order 1992. (b) subsection (8A) were omitted.

(4) In paragraph (15), for sub-paragraph (b), substitute—

(b) after subsection (3), there were inserted— (3A) No penalty shall be imposed by virtue of subsection (1) or (3) if more than 4 weeks have passed since the publication by the CMA of a notice under Article 17A(8) of the Electricity (Northern Ireland) Order 1992 in connection with the reference concerned or, if no direction has been given by the CMA under Article 17A(1) of that Order in connection with the reference concerned and within the period permitted for that purpose, the latest day on which it was possible to give such a direction within the permitted period; but this subsection shall not apply in relation to any variation or substitution of the penalty which is permitted by virtue of this Part.

215

In Article 18 (modification by order under other statutory provisions)[^f00187], in paragraph (2)(b), after “the market” insert “or markets”.

216

(1) Article 46 (functions with respect to competition)[^f00188] is amended as follows.

(2) In paragraph (2), for “Office of Fair Trading” substitute “CMA”.

(3) In paragraph (2A)—

(a) for “and 171” substitute “, 171 and 174E”,

(b) for “Office of Fair Trading” substitute “CMA”, and

those functions— (a) are exercisable by the CMA Board (within the meaning of Schedule 4 to the Enterprise and Regulatory Reform Act 2013), and (b) relate to

(4) In paragraph (2B)—

(a) for “(2) and (2A), references” substitute—

(2) and (2A)— (a) references

(b) for “Office of Fair Trading” substitute “CMA”,

(d) for “requires).” substitute—

requires); (b) references in that Part to section 5 of the Act of 2002 are to be construed as including references to Article 50(1) of this Order.

(5) After paragraph (2B) insert—

(2C) Section 130A of the Enterprise Act 2002 is to have effect in its application to the Authority by virtue of paragraphs (2) and (2A)— (a) as if for subsection (1) of that section there were substituted— (1) Where the Northern Ireland Authority for Utility Regulation— (a) is proposing to carry out its functions under Article 50(1) of the Electricity (Northern Ireland) Order 1992 in relation to a matter for the purposes mentioned in subsection (2), and (b) considers that the matter is one in respect of which it would be appropriate for the Authority to exercise its powers under section 174 (investigation) in connection with deciding whether to make a reference under section 131, the Authority must publish a notice under this section (referred to in this Part as a “market study notice”). (b) as if in subsection (2)(a) of that section, for “the acquisition or supply of goods or services of one or more than one description in the United Kingdom” there were substituted “commercial activities connected with the generation, transmission, distribution or supply of electricity”.

(6) In paragraphs (3), (4), (4A) and (6A), for “Office of Fair Trading” (in each place where it occurs) substitute “CMA”.

(7) In paragraph (3A) for “the Office of Fair Trading” substitute “the CMA”.

(8) In paragraph (5)—

(a) in the words before paragraph (a)—

(i) for “the Competition Commission” substitute “a CMA group”,

(ii) for “reference made to them by the Director” substitute “market investigation reference made by the Authority (under section 131 of the Act of 2002)”, and

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

(9) After paragraph (5) insert—

(5A) In paragraph (5) “CMA group” has the same meaning as in Schedule 4 to the Enterprise and Regulatory Reform Act 2013.

(10) In paragraph (6)—

(a) for “reports of Competition Commission” substitute “market investigations”, and

(b) for “the Office of Fair Trading” substitute “the CMA”.

(11) In Article 50 (general functions)[^f00189], in paragraph (3), for “the Office of Fair Trading” (in each place where it occurs) substitute “the CMA”.

Gas (Northern Ireland) Order 1996

217

The Gas (Northern Ireland) Order 1996[^f00190] is amended as follows.

218

(1) Article 15B (references under Article 15: powers of investigation)[^f00191] is amended as follows.

(2) In paragraph (1), after “paragraphs” insert “(1A),”.

(3) After paragraph (1), insert—

(1A) Section 109 shall, in its application by virtue of paragraph (1), have effect as if— (a) for subsection (A1), there were substituted— (A1) For the purposes of this section, a permitted purpose is assisting the CMA in carrying out any functions exercisable by it in connection with a reference under Article 15 of the Gas (Northern Ireland) Order 1996. (b) subsection (8A) were omitted.

(4) In paragraph (2)—

(a) at the end of sub-paragraph (a), omit “and”,

(b) after that sub-paragraph, insert—

(aa) after subsection (3), there were inserted— (3A) No penalty shall be imposed by virtue of subsection (1) or (3) if more than 4 weeks have passed since the publication of the report of the CMA on the reference concerned; but this subsection shall not apply in relation to any variation or substitution of the penalty which is permitted by virtue of this Part.

(5) For paragraph (3) substitute—

(3) Section 111(5)(b) shall, in its application by virtue of paragraph (1), have effect as if for sub-paragraph (ii) there were substituted— (ii) if earlier, the day on which the report of the CMA on the reference concerned is made or, if no such report is made within the period permitted for that purpose, the latest day on which the report may be made within the permitted period.

219

(1) Article 17A (competition authority’s power to veto modifications following report)[^f00192] is amended as follows.

(2) In paragraph (17), after “paragraphs” insert “(17A),”.

(3) After paragraph (17), insert—

(17A) Section 109 shall, in its application by virtue of paragraph (17), have effect as if— (a) for subsection (A1), there were substituted— (A1) For the purposes of this section, a permitted purpose is assisting the CMA in carrying out any functions exercisable by it in connection with an investigation for the purposes of the exercise of its functions under Article 17A of the Gas (Northern Ireland) Order 1996. (b) subsection (8A) were omitted.

(4) In paragraph (18)—

(a) at the end of sub-paragraph (a), omit “and”,

(b) for sub-paragraph (b), substitute—

(b) after subsection (3), there were inserted— (3A) No penalty shall be imposed by virtue of subsection (1) or (3) if more than 4 weeks have passed since the publication by the CMA of a notice under Article 17A(8) of the Gas (Northern Ireland) Order 1996 in connection with the reference concerned or, if no direction has been given by the CMA under Article 17A(1) of that Order in connection with the reference concerned and within the period permitted for that purpose, the latest day on which it was possible to give such a direction within the permitted period; but this subsection shall not apply in relation to any variation or substitution of the penalty which is permitted by virtue of this Part.

220

In Article 18 (modification by order under other statutory provisions)[^f00193], in paragraph (1A)(b), after “the market” insert “or markets”.

221

(1) Article 23 (functions with respect to competition)[^f00194] is amended as follows.

(2) In paragraph (2), for “Office of Fair Trading” substitute “CMA”.

(3) In paragraph (2A)—

(a) for “Office of Fair Trading” substitute “CMA”,

(b) for “and 171” substitute “, 171 and 174E”, and

those functions— (a) are exercisable by the CMA Board (within the meaning of Schedule 4 to the Enterprise and Regulatory Reform Act 2013), and (b) relate to

(4) In paragraph (2B)—

(a) for “(2) and (2A), references” substitute—

(2) and (2A)— (a) references

(b) for “Office of Fair Trading” substitute “CMA”,

(d) for “requires).” substitute—

requires); (b) references in that Part to section 5 of the Act of 2002 are to be construed as including references to Article 27(1) of this Order.

(5) After paragraph (2B) insert—

(2C) Section 130A of the Enterprise Act 2002 is to have effect in its application to the Authority by virtue of paragraphs (2) and (2A)— (a) as if for subsection (1) of that section there were substituted— (1) Where the Northern Ireland Authority for Utility Regulation— (a) is proposing to carry out its functions under Article 27(1) of the Gas (Northern Ireland) Order 1996 in relation to a matter for the purposes mentioned in subsection (2), and (b) considers that the matter is one in respect of which it would be appropriate for the Authority to exercise its powers under section 174 (investigation) in connection with deciding whether to make a reference under section 131, the Authority must publish a notice under this section (referred to in this Part as a “market study notice”). (b) as if in subsection (2)(a) of that section, for “the acquisition or supply of goods or services of one or more than one description in the United Kingdom” there were substituted “commercial activities connected with the conveyance, storage or supply of gas”.

(6) In paragraphs (3), (4), (4A) and (7), for “Office of Fair Trading” (in each place where it occurs) substitute “CMA”.

(7) In paragraph (3A), for “the Office of Fair Trading” substitute “the CMA”.

(8) In paragraph (5)—

(a) in the words before paragraph (a)—

(i) for “the Competition Commission” substitute “a CMA group”,

(ii) for “reference made to them by the Director” substitute “market investigation reference made by the Authority (under section 131 of the Act of 2002)”, and

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

(9) After paragraph (5) insert—

(5A) In paragraph (5) “CMA group” has the same meaning as in Schedule 4 to the Enterprise and Regulatory Reform Act 2013.

(10) In paragraph (6)—

(a) for “reports of Competition Commission” substitute “market investigations”, and

(b) for “Office of Fair Trading” substitute “CMA”.

(11) In Article 27 (general functions)[^f00195], in paragraph (3), for “the Office of Fair Trading” (in each place where it occurs) substitute “the CMA”.

Water (Northern Ireland) Order 1999

222

In Article 29A of the Water (Northern Ireland) Order 1999 (restriction on disclosure of information)[^f00196], in paragraph (2)(a), for “Competition Commission” substitute “Competition and Markets Authority”.

Company Directors Disqualification (Northern Ireland) Order 2002

223

The Company Directors Disqualification (Northern Ireland) Order 2002[^f00197] is amended as follows.

224

In Article 2 (interpretation)[^f00198], in paragraph (2)—

(a) omit the definition of “the OFT”, and

(b) in the appropriate place, insert—

“CMA” means the Competition and Markets Authority;

225

In Article 12 (variation etc. of disqualification undertaking)[^f00199], in paragraph (3), for “OFT” substitute “CMA”.

226

In Article 13A (competition disqualification order)[^f00200], in paragraph (10), for “OFT” substitute “CMA”.

227

In Article 13B (competition undertakings)[^f00201], in paragraphs (1), (2) and (7), for “OFT” (in each place where it occurs) substitute “CMA”.

228

In Article 13C (competition investigations)[^f00202], for “OFT” (in each place where it occurs) substitute “CMA”.

229

In Article 13D (co-ordination)[^f00203], in paragraph (2), after sub-paragraph (a), insert—

(aa) the reference in subsection (6A)(b) to notice under section 31(1) of the Competition Act 1998 that the regulator proposes to make a decision within the meaning given by section 31(2) of that Act is to be read as notice under Article 13C(4) that the specified regulator proposes to apply under Article 13A for a disqualification order;

230

In Article 20 (application for disqualification order)[^f00204], in paragraph (4), for “OFT” substitute “CMA”.

231

In Article 21 (application for leave under an order or undertaking)[^f00205], in paragraph (3), for “OFT” substitute “CMA”.

232

In Article 22 (register of disqualification orders and undertakings)[^f00206], in paragraph (3), for “OFT” substitute “CMA”.

Energy (Northern Ireland) Order 2003

233

The Energy (Northern Ireland) Order 2003[^f00207] is amended as follows.

234

In Article 2 (interpretation)[^f00208], in paragraph (1), after the definition of “the Authority” insert—

“the CMA” means the Competition and Markets Authority;

235

In Article 7 ((publication by Authority of advice and information about consumer matters)[^f00209], in paragraph (4), for “Office of Fair Trading” substitute “CMA”.

236

In Article 8A (duty on the Authority to have regard to the need for consultation and co-operation with other authorities)[^f00210], in paragraph (3), in the definition of “relevant national authority”—

(a) for “any” substitute “either”,

(b) omit paragraph (a), and

237

In Article 13 (exceptions from the general duties)[^f00211], in paragraph (3), for “Office of Fair Trading” substitute “CMA”.

238

In Article 15 (exceptions from the general duties)[^f00212], in paragraph (3), for “Office of Fair Trading” substitute “CMA”.

239

In Article 18 (provision of advice and information to public authorities and other persons) in paragraph (5), for “Competition Commission” substitute “CMA”.

240

In Article 23 (power of Council to investigate other matters), in paragraph (2), for “Office of Fair Trading” substitute “CMA”.

241

(1) Article 63 (general restrictions on disclosure of information)[^f00213] is amended as follows.

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

(3) In paragraph (5)—

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

(b) omit sub-paragraph (d).

(4) In paragraph (6), after sub-paragraph (w), insert—

(x) Parts 3 and 4 of the Enterprise and Regulatory Reform Act 2013.

(5) In paragraph (8), in sub-paragraph (c), for “Competition Commission” substitute “CMA”.

(6) In paragraph (10), for “Office of Fair Trading” substitute “CMA”.

242

Schedule 2 (orders altering licensable activities)[^f00214] is amended as follows.

243

(1) Paragraph 5 (references under paragraph 3: application of Enterprise Act 2002) is amended as follows.

(2) In sub-paragraph (1), after “sub-paragraphs” insert “(1A),”.

(3) After sub-paragraph (1), insert—

(1A) Section 109 shall, in its application by virtue of sub-paragraph (1), have effect as if— (a) for subsection (A1), there were substituted— (A1) For the purposes of this section, a permitted purpose is assisting the CMA in carrying out any functions exercisable by it in connection with a reference under paragraph 3 of Schedule 2 to the Energy (Northern Ireland) Order 2003. (b) subsection (8A) were omitted.

(4) In sub-paragraph (2)—

(a) at the end of paragraph (a), omit “and”,

(b) after that paragraph, insert—

(aa) after subsection (3), there were inserted— (3A) No penalty shall be imposed by virtue of subsection (1) or (3) if more than 4 weeks have passed since the publication of the report of the CMA on the reference concerned; but this subsection shall not apply in relation to any variation or substitution of the penalty which is permitted by virtue of this Part.

(5) For sub-paragraph (3) substitute—

(3) Section 111(5)(b) shall, in its application by virtue of sub-paragraph (1), have effect as if for sub-paragraph (ii) there were substituted— (ii) if earlier, the day on which the report of the CMA on the reference concerned is made or, if no such report is made within the period permitted for that purpose, the latest day on which the report may be made within the permitted period.

Water Services etc. (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005

244

The Water Services etc. (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005[^f00215] is amended as follows.

245

(1) Article 5 (references: powers of investigation)[^f00216] is amended as follows.

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

(3) After paragraph (1), insert—

(1A) Section 109 shall, in its application by virtue of paragraph (1), have effect as if— (a) for subsection (A1), there were substituted— (A1) For the purposes of this section, a permitted purpose is assisting the CMA in carrying out any functions exercisable by it in connection with a reference under article 3 of the Water Services etc. (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005. (b) subsection (8A) were omitted.

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

(aa) after subsection (3), there were inserted— (3A) No penalty shall be imposed by virtue of subsection (1) or (3) if more than 4 weeks have passed since the publication of the report of the CMA on the reference concerned; but this subsection shall not apply in relation to any variation or substitution of the penalty which is permitted by virtue of this Part.

(5) In paragraph (3), for sub-paragraph (b) substitute—

(b) in subsection (5)(b), for sub-paragraph (ii) there were substituted— (ii) if earlier, the day on which the report of the CMA on the reference concerned is made or, if no such report is made within the period permitted for that purpose, the latest day on which the report may be made within the permitted period.

246

(1) Article 10 (article 9: supplementary)[^f00217] is amended as follows.

(2) In paragraph (3), for “(4)” substitute “(3A)”.

(3) After paragraph (3), insert—

(3A) Section 109 shall, in its application by virtue of paragraph (3), have effect as if— (a) for subsection (A1), there were substituted— (A1) For the purposes of this section, a permitted purpose is assisting the CMA in carrying out any functions exercisable by it in connection with an investigation for the purposes of the exercise of its functions under article 9 of the Water Services etc. (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005. (b) subsection (8A) were omitted.

(4) In paragraph (4), for sub-paragraph (b), substitute—

(b) after subsection (3), there were inserted— (3A) No penalty shall be imposed by virtue of subsection (1) or (3) if more than 4 weeks have passed since the publication by the CMA of a notice under article 9(8) of the Water Services etc. (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 in connection with the reference concerned or, if no direction has been given by the CMA under article 9(1) of that Order in connection with the reference concerned and within the period permitted for that purpose, the latest day on which it was possible to give such a direction within the permitted period; but this subsection shall not apply in relation to any variation or substitution of the penalty which is permitted by virtue of this Part.

Water and Sewerage Services (Northern Ireland) Order 2006

247

The Water and Sewerage Services (Northern Ireland) Order 2006[^f00218] is amended as follows.

248

In Article 5 (annual report of the Authority), in paragraph (1), in sub-paragraph (b), for “Competition Commission” substitute “CMA”.

249

In Article 6 (general duties with respect to water industry), in paragraph (10), for “OFT” substitute “CMA”.

250

(1) Article 23 (references under Article 21: powers of investigation) is amended as follows.

(2) In paragraph (1), after “paragraphs” insert “(1A),”.

(3) After paragraph (1), insert—

(1A) Section 109 shall, in its application by virtue of paragraph (1), have effect as if— (a) for subsection (A1), there were substituted— (A1) For the purposes of this section, a permitted purpose is assisting the CMA in carrying out any functions exercisable by it in connection with a reference under Article 21 of the Water and Sewerage Services (Northern Ireland) Order 2006. (b) subsection (8A) were omitted.

(4) In paragraph (2)—

(a) at the end of sub-paragraph (a), omit “and”,

(b) after that sub-paragraph, insert—

(aa) after subsection (3), there were inserted— (3A) No penalty shall be imposed by virtue of subsection (1) or (3) if more than 4 weeks have passed since the publication of the report of the CMA on the reference concerned; but this subsection shall not apply in relation to any variation or substitution of the penalty which is permitted by virtue of this Part.

(5) For paragraph (3) substitute—

(3) Section 111(5)(b) shall, in its application by virtue of paragraph (1), have effect as if for sub-paragraph (ii) there were substituted— (ii) if earlier, the day on which the report of the CMA on the reference concerned is made or, if no such report is made within the period permitted for that purpose, the latest day on which the report may be made within the permitted period.

251

(1) Article 27 (competition authority’s power to veto modifications following report)[^f00219] is amended as follows.

(2) In paragraph (6), after “paragraphs” insert “(6A),”.

(3) After paragraph (6), insert—

(6A) Section 109 shall, in its application by virtue of paragraph (6), have effect as if— (a) for subsection (A1), there were substituted— (A1) For the purposes of this section, a permitted purpose is assisting the CMA in carrying out any functions exercisable by it in connection with an investigation for the purposes of the exercise of its functions under Article 26 of the Water and Sewerage Services (Northern Ireland) Order 2006. (b) subsection (8A) were omitted.

(4) In paragraph (7), for sub-paragraph (b), substitute—

(b) after subsection (3), there were inserted— (3A) No penalty shall be imposed by virtue of subsection (1) or (3) if more than 4 weeks have passed since the publication by the CMA of a notice under Article 26(9) of the Water and Sewerage Services (Northern Ireland) Order 2006 in connection with the reference concerned or, if no direction has been given by the CMA under Article 26(1) of that Order in connection with the reference concerned and within the period permitted for that purpose, the latest day on which it was possible to give such a direction within the permitted period; but this subsection shall not apply in relation to any variation or substitution of the penalty which is permitted by virtue of this Part.

252

In Article 28 (modification by order under other statutory provisions)[^f00220], in paragraph (2)(b), after “the market” insert “or markets”.

253

(1) Article 29 (functions of the Authority with respect to competition) is amended as follows.

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

(3) In paragraph (2)—

(a) for “OFT” substitute “CMA”,

(b) for “and 171” substitute “, 171 and 174E”, and

those functions— (a) are exercisable by the CMA Board (within the meaning of Schedule 4 to the Enterprise and Regulatory Reform Act 2013), and (b) relate to

(4) In paragraph (3) and paragraphs (5) to (7), for “OFT” (in each place where it occurs) substitute “CMA”.

(5) In paragraph (4)—

(a) for “(1) and (2), references” substitute—

(1) and (2)— (a) references

(b) for “OFT” substitute “CMA”,

(d) for “requires).” substitute—

requires); (b) references in that Part to section 5 of the Act of 2002 are to be construed as including references to Article 60(1) and (2) of this Order.

(6) After paragraph (4) insert—

(4A) Section 130A of the Enterprise Act 2002 is to have effect in its application to the Authority by virtue of paragraphs (1) and (2)— (a) as if for subsection (1) of that section there were substituted— (1) Where the Northern Ireland Authority for Utility Regulation— (a) is proposing to carry out its functions under Article 60(1) and (2) of the Water and Sewerage Services (Northern Ireland) Order 2006 in relation to a matter for the purposes mentioned in subsection (2), and (b) considers that the matter is one in respect of which it would be appropriate for the Authority to exercise its powers under section 174 (investigation) in connection with deciding whether to make a reference under section 131, the Authority must publish a notice under this section (referred to in this Part as a “market study notice”). (b) as if in subsection (2)(a) of that section, for “the acquisition or supply of goods or services of one or more than one description in the United Kingdom” there were substituted “commercial activities connected with the supply of water or the provision of sewerage services (within the meaning given by Article 2 of the Water and Sewerage Services (Northern Ireland) Order 2006)”.

(7) In paragraph (8)—

(a) in the words before paragraph (a)—

(i) for “the Competition Commission” substitute “a CMA group”,

(ii) for “reference made to the Commission by the Authority” substitute “market investigation reference made by the Authority (under section 131 of the Act of 2002), and

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

(8) In paragraphs (9) and (10), for “OFT” (in each place where it occurs) substitute “CMA”.

(9) In Article 56 (power of the Council to investigate other matters), in paragraph (2), for “OFT” substitute “CMA”.

254

In Article 60 (general duty of the Authority to keep matters under review) in paragraph (4), for “OFT” (in each place where it occurs) substitute “CMA”.

255

In Article 253 (the Authority’s register), in paragraph (2), in sub-paragraph (b), for “Competition Commission” substitute “CMA”.

256

In Article 259 (publication of certain information and advice)[^f00221], in paragraph (5), for “OFT” substitute “CMA”.

257

(1) Article 265 (restriction on disclosure of information) is amended as follows.

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

(3) In paragraph (4)—

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

(b) omit sub-paragraph (d).

(4) In paragraph (5), after sub-paragraph (s), insert—

(t) Parts 3 and 4 of the Enterprise and Regulatory Reform Act 2013.

(5) In paragraph (7), in sub-paragraph (a), for “Competition Commission” substitute “CMA”.

(6) In paragraph (13), for “OFT” substitute “CMA”.

Electricity (Single Wholesale Market) (Northern Ireland) Order 2007

258

In Article 10 of the Electricity (Single Wholesale Market) (Northern Ireland) Order 2007[^f00222], in paragraph (3), for “Office of Fair Trading” substitute “Competition and Markets Authority”.

Welsh Language (Wales) Measure 2011

259

In Schedule 6 to the Welsh Language (Wales) Measure 2011 (public bodies etc: standards)[^f00223]—

(a) in the Welsh text, omit the entry relating to “Y Comisiwn Cystadlu (“the Competition Commission”)”, and

(b) in the English text, omit the entry relating to “the Competition Commission (“Y Comisiwn Cystadlu”)”.

SCHEDULE 2 — Transitional provision: investigation powers of the CMA

1

The amendments made by section 29 of the Act, to sections 109 to 111 of the Enterprise Act 2002 (“the 2002 Act”), do not have effect in relation to those sections as applied by the enactments listed in column 2 of the Table below in relation to any notice given under section 109 of the 2002 Act before 1st April 2014.

2

The amendments made by the paragraphs of Schedule 1 listed in column 1 of the Table below to the enactments listed in column 2 of that Table do not apply in relation to any notice given before 1st April 2014 under section 109 of the 2002 Act as applied by those enactments.

(1) Paragraph of Schedule 1	(2) Provision of sectoral legislation amended
Paragraph 36	Section 11B of the Competition Act 1980 (references under section 11: powers of investigation and penalties)[^f00224]
Paragraph 51	Section 41EB of the Gas Act 1986 (references under section 41E: application of Enterprise Act 2002)[^f00225]
Paragraph 68	Section 56CB of the Electricity Act 1989 (references under section 56C: application of Enterprise Act 2002)[^f00226]
Paragraph 75	Section 14B of the Water Industry Act 1991 (references under section 14: powers of investigation)[^f00227]
Paragraph 76	Section 16B of the Water Industry Act 1991 (competition authority’s power of veto following report: supplementary)[^f00228]
Paragraph 78	Section 17M of the Water Industry Act 1991 (references under section 17K: powers of investigation)[^f00229]
Paragraph 79	Section 17Q of the Water Industry Act 1991 (section 17P: supplementary)[^f00230]
Paragraph 101	Section 13B of the Railways Act 1993 (references under section 13: application of Enterprise Act 2002)[^f00231]
Paragraph 102	Section 15C of the Railways Act 1993 (sections 15A and 15B: supplementary)[^f00232]
Paragraph 111	Paragraph 10A of Schedule 4A to the Railways Act 1993 (references under paragraph 9: application of Enterprise Act 2002)[^f00233]
Paragraph 112	Paragraph 15 of Schedule 4A to the Railways Act 1993 (paragraphs 13 and 14: supplementary)[^f00234]
Paragraph 150	Section 12B of the Transport Act 2000 (references under section 12: application of Enterprise Act 2002)[^f00235]
Paragraph 151	Section 18 of the Transport Act 2000 (sections 15 and 16: general)[^f00236]
Paragraph 177	Section 60(9) of the Legal Services Act 2007 (duties of the competition authority)[^f00237]
Paragraph 195	Paragraph 10 of Schedule 10 to the Health and Social Care Act 2012 (references by Monitor to the CMA: powers of investigation)[^f00238]
Paragraph 213	Article 15B of the Electricity (Northern Ireland) Order 1992 (references under Article 15: powers of investigation)[^f00239]
Paragraph 214	Article 17A of the Electricity (Northern Ireland) Order 1992 (competition authority’s power to veto modifications following report)[^f00240]
Paragraph 218	Article 15B of the Gas (Northern Ireland) Order 1996 (references under Article 15: powers of investigation)[^f00241]
Paragraph 219	Article 17A of the Gas (Northern Ireland) Order 1996 (competition authority’s power to veto modifications following report)[^f00242]
Paragraph 243	Paragraph 5 of Schedule 2 to the Energy (Northern Ireland) Order 2003 (orders altering licensable activities: references under paragraph 3: application of Enterprise Act 2002)
Paragraph 245	Article 5 of the Water Services etc. (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 (references: powers of investigation)[^f00243]
Paragraph 246	Article 10 the Water Services etc. (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 (article 9: supplementary)[^f00244]
Paragraph 250	Article 23 of the Water and Sewerage Services (Northern Ireland) Order 2006[^f00245] (references under Article 21: powers of investigation)
Paragraph 251	Article 27 of the Water and Sewerage Services (Northern Ireland) Order 2006 (competition authority’s power to veto modifications following report)[^f00246]

3

The amendments made by section 36 of, and Schedule 11 to, the Act, to sections 174 and 175 of the 2002 Act, do not have effect in relation to those sections as applied by or by virtue of—

(a) section 140D of the Financial Services and Markets Act 2000 (investigation powers of OFT)[^f00247], and

(b) section 57 of the Legal Services Act 2007 (reports by competition authority)[^f00248],

4

The amendments made—

(a) by paragraph 124 of Schedule 1 to section 140D of the Financial Services and Markets Act 2000, and

(b) by paragraph 176 of that Schedule to section 57 of the Legal Services Act 2007,

Signed

Jenny Willott — Parliamentary Under-Secretary of State for Employment Relations and Consumer Affairs — Department for Business, Innovation and Skills — 31st March 2014

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

Section 25 of and Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (“the Act”) provide for the creation of the Competition and Markets Authority (“CMA”). Section 26 of and Schedules 5 and 6 to the Act provide for the abolition of the Office of Fair Trading (“OFT”) and the Competition Commission (“the Commission”) and for the transfer of functions from the OFT and the Commission to the CMA.

Part 4 of the Act makes various changes to the competition functions which the CMA will assume. In particular, the Act amends Part 3 (mergers) and Part 4 (markets studies and market investigations) of the Enterprise Act 2002.

This Order makes consequential amendments to a number of enactments in connection with the commencement of Parts 3 and 4 of the Act on 1st April 2014.

Article 1 provides for citation, commencement, interpretation and extent. Article 1(3) provides that the amendments and repeals in the Order have the same extent as the enactment amended or repealed.

Article 2 gives effect to Schedule 1. Schedule 1 makes consequential amendments in connection with the transfer of functions to the CMA and the abolition of the OFT and Commission by substituting the CMA for the OFT and the Commission in a number of enactments. It also makes amendments consequential on the amendments to competition law made under Part 4 of the Act. In particular, Schedule 1 specifies amendments to the sector specific legislation (e.g. gas, water, rail) under which regulators such as the Office of Rail Regulation, the Gas and Electricity Markets Authority, are given competition functions concurrently with the OFT under Part 4 of the Enterprise Act 2002. Schedule 1 also makes consequential amendments to the sectoral legislation in connection with the transfer to the CMA of the Commission’s role in receiving references of regulatory matters.

These amendments supplement the amendments already made to the sector specific legislation by Schedule 6 (regulatory appeals etc: minor and consequential amendments) and Schedule 14 (Regulators: use of powers under the 1998 Act) to the Act.

Article 3 and Schedule 2 make transitional and saving provision in connection with the transfer of functions from the OFT and the Commission to the CMA.

The impact assessment completed for Parts 3 and 4 of the Enterprise and Regulatory Reform Bill, introduced to Parliament on 23rd May 2012, contains an assessment of the effect that the reforms to the competition regime will have on the costs of business and the public and voluntary sector and can be found at the website: https://www.gov.uk/government/publications/strengthening-competition-and-creating-a-single-market-authority.

Footnotes

[^f00001]: 2013 c. 24.

[^f00002]: 1978 c. 30.

[^f00003]: 1991 c. 56. Sections 32 to 35 of the Water Industry Act 1991 were substituted by section 70 of the Enterprise Act 2002.

[^f00004]: 2002 c.40.

[^f00005]: Inserted by S.I. 2013/783.

[^f00006]: Subsection (5A) was inserted by S.I. 2006/3363 and further amended by Schedule 18 to the Financial Services Act 2012 (c. 21). There are other amendments to section 213 but they are not relevant to this Order.

[^f00007]: Amended by S.I. 2013/783.

[^f00008]: There are amendments to section 215 but none is relevant to this Order.

[^f00009]: There are amendments to section 219 but none is relevant to this Order.

[^f00010]: Subsection (1)(c) was inserted by S.I. 2006/3363.

[^f00011]: There is an amendment to section 229 but it is not relevant to this Order.

[^f00012]: There are amendments to Schedules 14 and 15 but none is relevant to this Order.

[^f00013]: There is an amendment to Schedule 24 but it is not relevant to this Order.

[^f00014]: 1949 c. 88. The text of this Act is taken from Schedule 4 to the Copyright, Designs and Patents Act 1988 (c. 48).

[^f00015]: Amended by Schedule 25 to the Enterprise Act 2002 (c. 40) and S.I. 1999/506. There are other amendments to section 11A but none is relevant to this Order.

[^f00016]: Inserted by Schedule 25 to the Enterprise Act 2002.

[^f00017]: 1958 c. 47.

[^f00018]: Inserted by section 127 of the Fair Trading Act 1973 (c. 41), repealed in relation to milk and potatoes by sections 21and 46 respectively of the Agriculture Act 1993 (c. 37) and amended by Schedule 25 to the Enterprise Act 2002.

[^f00019]: Paragraph (aa) was inserted into section 47(2) by Schedule 12 to the Fair Trading Act 1973 and subsequently amended by section 19(4)(a) of the Competition Act 1980 (c. 21), Schedule 25 to the Enterprise Act 2002 and S.I. 1999/506.

[^f00020]: 1958 c 51. An entry for “Competition and Markets Authority” is inserted into Part 2 of the Table in Schedule 2 by Schedule 4 to the Enterprise and Regulatory Reform Act 2013. There are other amendments to Schedule 2 not relevant to this Order.

[^f00021]: 1967 c. 13. Schedule 2 was substituted by S.I. 2011/2986 and an entry for “Competition and Markets Authority” is inserted by Schedule 4 to the Enterprise and Regulatory Reform Act 2013. There are other amendments to Schedule 2 not relevant to this Order.

[^f00022]: 1972 c. 11. Amended by S.I. 1999/506. An entry for “Competition and Markets Authority” was inserted into Schedule 1 by Schedule 4 to the Enterprise and Regulatory Reform Act 2013. There are other amendments to Schedule 1 not relevant to this Order.

[^f00023]: 1973 c. 41. The definition of “the Commission” was amended by S.I. 1999/506. References to the Director General of Fair Trading in section 137 have effect as references to the OFT by virtue of section 2 of the Enterprise Act 2002. The definition of “the Director” was repealed by Schedule 26 to the Enterprise Act 2002. There are other amendments to this section which are not relevant to this Order.

[^f00024]: 1975 c. 24. An entry for “Competition and Markets Authority” is inserted into Part 2 of Schedule 1 to the 1975 Act by Schedule 4 to the Enterprise and Regulatory Reform Act 2013. There are other amendments to Schedule 1 not relevant to this Order.

[^f00025]: 1975 c. 25. An entry for “Competition and Markets Authority” is inserted into Part 2 of Schedule 1 to the 1975 Act by Schedule 4 to the Enterprise and Regulatory Reform Act 2013. There are other amendments to Schedule 1 not relevant to this Order.

[^f00026]: 1977 c. 37.

[^f00027]: Inserted by Schedule 25 to the Enterprise Act 2002.

[^f00028]: Substituted by Schedule 5 to the Copyright, Designs and Patents Act 1988 and subsequently amended by s. 45 of the Competition Act 1998 (c. 41), Schedule 25 to the Enterprise Act 2002 and S.I. 1999/506.

[^f00029]: Amended by Schedule 5 to the Copyright, Designs and Patents Act 1988, Schedule 25 to the Enterprise Act 2002 and S.I. 1999/506.

[^f00030]: 1980 c. 21.

[^f00031]: Inserted by Schedule 25 to the Enterprise Act 2002.

[^f00032]: Section 110A was inserted into Part 3 of the Enterprise Act 2002 by section 29 of the Enterprise and Regulatory Reform Act 2013.

[^f00033]: Subsection (A1) was inserted into section 109 by section 29 of the Enterprise and Regulatory Reform Act 2013.

[^f00034]: Subsection (8A) was inserted into section 109 by section 29 of the Enterprise and Regulatory Reform Act 2013.

[^f00035]: Inserted by Schedule 25 to the Enterprise Act 2002.

[^f00036]: 1982 c. 16. Section 4(3) and (4) were inserted by Schedule 8 to the Transport Act 2000 (c. 38) and amended by Schedule 25 to the Enterprise Act 2002.

[^f00037]: 1984 c.12.

[^f00038]: Amended by Schedule 10 to the Competition Act 1998, Schedule 25 to the Enterprise Act 2002, S.I. 1988/915 and S.I. 1999/506. There are other amendments to section 101 but none is relevant to this Order.

[^f00039]: The definition of “the Commission” was inserted by S.I. 1999/506. There are other amendments to section 106 but none is relevant to this Order.

[^f00040]: 1985 c.6. Schedule 15D was inserted by Schedule 2 to the Companies (Audit, Investigations and Community Enterprise) Act 2004 (c.27) and subsequently amended by S.I. 2008/1277. There are other amendments to Schedule 15D but none is relevant to this Order.

[^f00041]: 1986 c. 31. Section 74 was amended by Schedule 25 to the Enterprise Act 2002, Schedule 9 to the Civil Aviation Act 2012 (c. 19) and S.I. 1999/506. There are other amendments to section 74 but none is relevant to this Order.

[^f00042]: 1986 c. 44.

[^f00043]: Inserted by section 12 of the Utilities Act 2000 (c. 27) and subsequently amended by Schedule 25 to the Enterprise Act 2002. There are other amendments to section 4B but none is relevant to this Order.

[^f00044]: Inserted by S.I. 2011/2704.

[^f00045]: Section 27 was substituted by Schedule 3 to the Gas Act 1995 (c. 45) and subsequently amended by Schedule 9 to the Enterprise Act 2002 and Schedule 6 to the Enterprise and Regulatory Reform Act 2013. There are other amendments to section 27 but none is relevant to this Order.

[^f00046]: Amended by Schedule 25 to the Enterprise Act 2002. There are other amendments to section 34 but none is relevant to this Order.

[^f00047]: Section 35 was substituted by section 6 of the Utilities Act 2000 and subsection (3A) was subsequently inserted by Schedule 25 to the Enterprise Act 2002.

[^f00048]: Section 36A was inserted by the Gas Act 1995 and subsequently amended by Schedule 10 to the Competition Act 1998, S.I. 1999/506, Schedules 9 and 25 to the Enterprise Act 2002, S.I. 2004/1261 and Schedule 15 to the Enterprise and Regulatory Reform Act 2013. There are other amendments to section 36A but none is relevant to this Order.

[^f00049]: Section 41EB was inserted by Schedule 25 to the Enterprise Act 2002 and subsequently amended by Schedule 16 to the Communications Act 2003 and Schedule 6 to the Enterprise and Regulatory Reform Act 2012.

[^f00050]: 1986 c. 46.

[^f00051]: Inserted by section 6 of the Insolvency Act 2000 (c. 39) and amended by section 204 of the Enterprise Act 2002.

[^f00052]: Sections 9A to 9C and subsection (4) of section 16 were inserted by section 204 of the Enterprise Act 2002. Section 9A was amended by S.I. 2012/1809. There are other amendments to sections 9A but none is relevant to this Order.

[^f00053]: Amended by section 204 of the Enterprise Act 2002. There are other amendments to section 16 but none is relevant to this Order.

[^f00054]: Inserted by Schedule 4 to the Insolvency Act 2000 and amended by section 204 of the Enterprise Act 2002.

[^f00055]: Subsection (2A) was inserted by the Insolvency Act 2000 and subsequently substituted by section 204 of the Enterprise Act 2002. There are other amendments to section 18 but none is relevant to this Order.

[^f00056]: Section 9D was inserted by section 204 of the Enterprise Act 2002.

[^f00057]: 1988 c. 48.

[^f00058]: Amended by S.I. 1999/506.

[^f00059]: By virtue of section 45(4) of the Competition Act 1998 the reference to the Monopolies and Mergers Commission in the heading to section 144 has effect as a reference to the Competition Commission. Section 144 was also amended by Schedule 25 to the Enterprise Act 2002.

[^f00060]: Subsections (1), (1A) and (2) were substituted by Schedule 25 to the Enterprise Act 2002.

[^f00061]: Schedule 2A was inserted by S.I. 1996/2967 and paragraph 17 was subsequently amended by Schedule 25 to the Enterprise Act 2002.

[^f00062]: 1989 c. 15. Section 174 was amended by Schedule 10 to the Competition Act 1998, Schedule 25 to the Enterprise Act 2002 and SI 1999/506. There are other amendments to section 174 but none is relevant to this Order.

[^f00063]: 1989 c. 29.

[^f00064]: Inserted by section 16 of the Utilities Act 2000 and subsequently amended by Schedule 25 to the Enterprise Act 2002. There are other amendments to section 3D but none is relevant to this Order.

[^f00065]: Inserted by S.I. 2011/2704.

[^f00066]: Subsection (2) was substituted by Schedule 9 to the Enterprise Act 2002. There are other amendments to section 15 but none is relevant to this Order.

[^f00067]: Amended by Schedules 2, 4 and 17 to the Deregulation and Contracting Out Act 1994 (c. 40), Schedule 10 to the Competition Act 1998, S.I. 1999/506, Schedules 9 and 25 to the Enterprise Act 2002, S.I. 2004/1261 and Schedule 15 to the Enterprise and Regulatory Reform Act 2013. There are other amendments to section 43 but none is relevant to this Order.

[^f00068]: Subsection (3) was amended by Schedule 25 to the Enterprise Act 2002. There are other amendments to section 47 but none is relevant to this Order.

[^f00069]: Amended by section 3 of the Utilities Act 2000 and Schedule 25 to the Enterprise Act 2002. There are other amendments to section 48 but none is relevant to this Order.

[^f00070]: Inserted by Schedule 25 to the Enterprise Act 2002 and subsequently amended by Schedule 16 to the Communications Act 2003 (c. 21) and Schedule 6 to the Enterprise and Regulatory Reform Act 2013.

[^f00071]: 1989 c. 40. Section 87(4) was amended by Schedule 25 to the Enterprise Act 2002 and S.I. 2001/3649. There are other amendments to section 87 but none is relevant to this Order.

[^f00072]: 1990 c. 42.

[^f00073]: Section 193 was substituted by Schedule 9 to the Enterprise Act 2002 and subsection (2A) was subsequently inserted by Schedule 15 to the Communications Act 2003. There are other amendments to section 193 but none is relevant to this Order.

[^f00074]: Section 194A was inserted by section 77(1) of the Broadcasting Act 1996 (c. 55) and subsequently amended by section 3 of and Schedule 2 to the Competition Act 1998, Schedule 25 to the Enterprise Act 2002 and section 372 of the Communications Act 2003.

[^f00075]: 1991 c. 56.

[^f00076]: Subsections (6A) and (6B) were inserted by Schedule 10 to the Competition Act 1998 and subsequently amended by Schedule 25 to the Enterprise Act 2002 and by virtue of section 36 and by section 39 of the Water Act 2003 (c. 37). There are other amendments to section 2 but none is relevant to this Order.

[^f00077]: Inserted by Schedule 25 to the Enterprise Act 2002.

[^f00078]: Inserted by section 55 of the Water Act 2003 and amended by Schedule 6 to the Enterprise and Regulatory Reform Act 2013.

[^f00079]: Amended by Schedule 9 to the Enterprise Act 2002 and by Schedule 6 to the Enterprise and Regulatory Reform Act 2013.

[^f00080]: Inserted by Schedule 4 to the Water Act 2003.

[^f00081]: Inserted by Schedule 4 to the Water Act 2003 and amended by Schedule 6 to the Enterprise and Regulatory Reform Act 2013.

[^f00082]: Inserted by Schedule 4 to the Water Act 2003 and amended by Schedule 6 to the Enterprise and Regulatory Reform Act 2013.

[^f00083]: Subsection (4) was amended by Schedule 25 to the Enterprise Act 2002 and by section 36 of and Schedule 8 to the Water Act 2003. There are other amendments to section 27 but none is relevant to this Order.

[^f00084]: Inserted by section 43 of the Water Act 2003.

[^f00085]: Inserted by section 47 of the Water Act 2003.

[^f00086]: Amended by Schedule 10 to the Competition Act 1998, S.I. 1999/506, Schedules 9 and 25 to the Enterprise Act 2002, by virtue of section 36 of the Water Act 2003, by S.I. 2004/1261, S.I. 2012/1809 and by Schedule 15 to the Enterprise and Regulatory Reform Act 2013.

[^f00087]: Sections 32 to 35 of the Water Industry Act 1991 were substituted by section 70 of the Enterprise Act 2002.

[^f00088]: There is an amendment to section 35 (as substituted by section 70 of the Enterprise Act 2002) but it is not relevant to this Order.

[^f00089]: Inserted by Schedule 4 to the Water Act 2003.

[^f00090]: Inserted by section 38 of the Water Act 2003.

[^f00091]: Amended by virtue of section 36 of the Water Act 2003 and by S.I. 1999/506. There are other amendments to section 195 but none is relevant to this Order.

[^f00092]: Amended by virtue of section 36 of the Water Act 2003 and by Schedule 25 to the Enterprise Act 2002. There are other amendments to section 201 but none is relevant to this Order.

[^f00093]: Amended by virtue of section 36 of the Water Act 2003, by Schedule 25 to the Enterprise Act 2002 and by S.I. 1999/506. There are other amendments to section 206 but none is relevant to this Order.

[^f00094]: Inserted by section 70(2) of and Schedule 6 to the Enterprise Act 2002. There are amendments to Schedule 4ZA but none is relevant to this Order.

[^f00095]: Amended by Schedule 25 to the Enterprise Act 2002 and by S.I. 1999/506. There are other amendments to Schedule 15 but none is relevant to this Order.

[^f00096]: 1991 c. 57.

[^f00097]: Amended by S.I. 1999/506. There are other amendments to section 204 but none is relevant to this Order.

[^f00098]: Amended by Schedule 25 to the Enterprise Act 2002 and by S.I. 1999/506. There are other amendments to Schedule 24 but none is relevant to this Order.

[^f00099]: Amended by Schedule 25 to the Enterprise Act 2002 and Schedule 8 to the Tribunals, Courts and Enforcement Act 2007 (c. 15). There are other amendments to section 14 but none is relevant to this Order.

[^f00100]: 1993 c. 43.

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