Истражувачки извештај - Влијание на Стереотипите и Етничката Дистанца за Појава на Дискриминација, Говор на Омраза и Криминал од Омраза
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The green purposes are—
the reduction of greenhouse gas emissions;
the advancement of efficiency in the use of natural resources;
the protection or enhancement of the natural environment;
the protection or enhancement of biodiversity;
the promotion of environmental sustainability.
In this Part, “greenhouse gas” has the meaning given by section 92(1) of the Climate Change Act 2008.
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is to be made by statutory instrument, and
is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
In this Part “UK Green Investment Bank company” means—
the UK Green Investment Bank, or
a company that is or at any time has been in the same group as the Bank.
For the purposes of subsection (10) a company is to be regarded as being in the same “group” as the UK Green Investment Bank, if, for the purposes of section 1161(5) of the Companies Act 2006, the company is a group undertaking in relation to the UK Green Investment Bank.
References in this Part to the UK Green Investment Bank are to the public company limited by shares incorporated on 15 May 2012 with the company number SC424067 and with the name UK Green Investment Bank plc.
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Where an order has been made under section 2, the UK Green Investment Bank may not make any alteration to the objects in its articles of association unless—
the alteration is made to give effect to an order of a court or other authority having power to alter the Bank’s articles of association, or
the making of the alteration has been approved by the Secretary of State by order under this section.
The Secretary of State may not make an order under this section approving the making of an alteration unless the following two conditions are met.
The first condition is that the Secretary of State is satisfied that, if the alteration were made, the Bank’s objects in its articles of association would remain such that, acting consistently with them, it would engage only in activities that involve, or are incidental or conducive to, making, facilitating or encouraging investments that it considers likely to contribute to the achievement of one or more of the green purposes (whether in the United Kingdom or elsewhere).
The second condition is that the Secretary of State is satisfied that, if the alteration were made, the Bank’s objects in its articles of association would remain such that, acting consistently with them, its activities in making, facilitating or encouraging investments in each relevant period (within the meaning given by section 2(4)) would (taken as a whole) be such as the Bank considers likely to contribute to a reduction of global greenhouse gas emissions.
An order under this section—
is to be made by statutory instrument, and
is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
... the Secretary of State may, with the consent of the Treasury, give a UK Green Investment Bank company financial assistance at any time when the Crown holds shares in it or another UK Green Investment Bank company.
The financial assistance may be given in any form that the Secretary of State, with the consent of the Treasury, considers appropriate.
It may in particular be given by way of—
grants,
loans,
guarantees,
the purchase of share capital of the company, or
the transfer of assets or rights to the company.
The financial assistance may be provided subject to such terms and conditions as the Secretary of State, with the consent of the Treasury, considers appropriate (including, in the case of a grant or a loan, conditions requiring repayment or, in the case of a guarantee, conditions requiring reimbursement of any sums paid under it).
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Nothing in this section affects the exercise of any power of the Treasury or the Secretary of State to give financial assistance to a UK Green Investment Bank company otherwise than under this section at a time when the Crown does not hold shares in it or another UK Green Investment Bank company.
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Where an order has been made under section 2, the UK Green Investment Bank is to be treated as being a quoted company within the meaning of section 385(2) of the Companies Act 2006 for the purposes of the application to it of—
Chapters 4 and 4A of Part 10 of that Act, and
Parts 15 and 16 of that Act (in respect of a financial year).
Where an order has been made under section 2, each report prepared by the directors of the Bank for a financial year under section 415 of the Companies Act 2006 must include—
an explanation of the steps that the Bank took in that year to ensure that its activities in making, facilitating or encouraging investments in that year and in any previous financial years would (taken as a whole) be likely to contribute to a reduction of global greenhouse gas emissions, and
a statement of the directors’ views on the likely effect of those activities in those years on global greenhouse gas emissions.
Subsection (2) applies if—
... copies of the UK Green Investment Bank's annual accounts and reports are, in accordance with section 437 of the Companies Act 2006, laid before it in general meeting, and
as at the date of the meeting, the Crown holds shares in a UK Green Investment Bank company.
The Secretary of State must, as soon as practicable after the meeting, lay a copy of the annual accounts and reports before Parliament.
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after an order has been made under section 2, the Secretary of State—
makes a material alteration to the terms of the operational independence undertaking referred to in subsection (5) of section 2, or
revokes that undertaking, and
as at the date of the alteration or revocation, the Crown’s shareholding in the UK Green Investment Bank is more than half of its issued share capital.
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in the case of an alteration, lay a copy of the revised undertaking before Parliament;
in the case of revocation of the undertaking, lay before Parliament a statement reporting the revocation.
As soon as reasonably practicable after a disposal of shares held by the Crown in a UK Green Investment Bank company the Secretary of State must lay before Parliament a report on the disposal.
The report—
must state—
the kind of disposal, and
the proportion of the company's share capital retained by the Crown (or that none has been retained); and
must include—
an assessment of how the Secretary of State's objectives for the disposal have been achieved, and
where the Crown still holds one or more shares in a UK Green Investment Bank company, details of the Secretary of State's intentions as to the Crown's future role and interest in such companies.
The Secretary of State must give a copy of the report to—
the Scottish Ministers,
the Welsh Ministers, and
the Office of the First Minister and deputy First Minister in Northern Ireland.
Subsection (3) applies to a report as described in section 38 of the Enterprise Act 2016 as well as to a report under this section.
After section 18 of the Employment Tribunals Act 1996 (conciliation) insert—
Schedule 1 (conciliation: minor and consequential amendments) has effect.
Schedule 2 (extension of limitation periods to allow for conciliation) has effect.
Section 18 of the Employment Tribunals Act 1996 (conciliation) is amended as follows.
In subsection (8) (power of Secretary of State and Lord Chancellor to amend list in subsection (1) of section 18), for paragraphs (a) and (b) substitute “ amend the definition of “relevant proceedings” in subsection (1) by adding to or removing from the list in that subsection particular types of employment tribunal proceedings. ”
After subsection (8) insert—
In Part 6 of the Trade Union and Labour Relations (Consolidation) Act 1992 (ACAS etc), after section 251A insert—
In section 4 of the Employment Tribunals Act 1996 (composition of a tribunal), after subsection (6C) insert—
In section 41(2) of that Act (orders etc subject to affirmative resolution procedure), after “section 4(4)” insert “ or (6D) ”.
The Employment Tribunals Act 1996 is amended as set out in subsections (2) to (4).
In section 28 (composition of Appeal Tribunal), for subsections (2) to (4A) substitute—
In section 30 (Appeal Tribunal procedure rules), in subsection (2)(f) (provision for dealing with interlocutory matters), for the words from “otherwise” to the end substitute “ by an officer of the Appeal Tribunal ”.
In section 41(2) (orders etc subject to affirmative resolution procedure), before “or 40” insert “ , 28(5) ”.
In consequence of the amendment made by subsection (2), omit paragraph 46 of Schedule 8 to the Tribunals, Courts and Enforcement Act 2007.
In section 108 of the Employment Rights Act 1996 (qualifying period of employment), after subsection (3) insert—
After section 111 of the Employment Rights Act 1996 insert—
The Secretary of State may by order made by statutory instrument amend section 124 of the Employment Rights Act 1996 (limit of compensatory award etc) so as to vary the limit imposed for the time being by subsection (1) of that section.
The limit as so varied may be—
a specified amount, or
the lower of—
a specified amount, and
a specified number multiplied by a week's pay of the individual concerned.
Different amounts may be specified by virtue of subsection (2)(a) or (b)(i) in relation to employers of different descriptions.
An amount specified by virtue of subsection (2)(a) or (b)(i)—
may not be less than median annual earnings;
may not be more than three times median annual earnings.
A number specified by virtue of subsection (2)(b)(ii) may not be less than 52.
An order under this section may make consequential, supplemental, transitional, transitory or saving provision.
The consequential provision that may be made under subsection (6) includes provision inserting a reference to section 124 of the Employment Rights Act 1996 in section 226(3) of that Act (week's pay: calculation date in unfair dismissal cases).
A statutory instrument containing an order under this section is not to be made unless a draft of the instrument has been laid before each House of Parliament and approved by a resolution of each House.
In this section “median annual earnings” means—
the latest figure for median gross annual earnings of full-time employees in the United Kingdom published by the Statistics Board (disregarding any provisional figures), or
if that figure was published by the Statistics Board more than two years before the laying of the draft of the statutory instrument in question, an estimate of the current amount of such earnings worked out in whatever way the Secretary of State thinks fit.
In section 34 of the Employment Relations Act 1999 (indexation of amounts etc), after subsection (4) insert—
After section 12 of the Employment Tribunals Act 1996 insert—
Schedule 3 (financial penalties: minor and consequential amendments) has effect.
In section 43B of the Employment Rights Act 1996 (disclosures qualifying for protection), in subsection (1), after “in the reasonable belief of the worker making the disclosure,” insert “ is made in the public interest and ”.
Omit the words “in good faith” in the following provisions of Part 4A of the Employment Rights Act 1996 (protected disclosures)—
subsection (1) of section 43C (disclosure to employer or other responsible person);
paragraph (b) of section 43E (disclosure to Minister of the Crown);
subsection (1)(a) of section 43F (disclosure to prescribed person).
In section 43G of that Act (disclosure in other cases), in subsection (1)—
omit paragraph (a);
in paragraph (b), for “he” substitute “ the worker ”.
In section 43H of that Act (disclosure of exceptionally serious failure), in subsection (1)—
omit paragraph (a);
in paragraph (b), for “he” substitute “ the worker ”.
In section 49 of that Act (remedies for detriment suffered in employment), after subsection (6) insert—
In section 123 of that Act (compensatory award for unfair dismissal), after subsection (6) insert—
In section 47B of the Employment Rights Act 1996 (protected disclosures), after subsection (1) insert—
In section 48 of that Act (complaints to employment tribunals), in subsection (5)—
for “includes, where” substituteincludes— ;
at the end insert—
Section 43K of the Employment Rights Act 1996 (extension of meaning of “worker”) is amended as set out in subsections (2) to (7).
In subsection (1)(ba)—
for “section 84 or 100 of” substitute “ section 83(2), 84, 92, 100, 107, 115(4), 117 or 134 of, or Schedule 12 to, ”;
for “section 42 or 57 of” substitute “ section 41(2)(b), 42, 50, 57, 64 or 92 of, or Schedule 7 to, ”;
omit the words after “the National Health Service (Wales) Act 2006”.
In subsection (1)(bb), after “section 17J” insert “ or 17Q ”.
In subsection (1)(c)—
for the words before “in accordance with arrangements” substitute “ works or worked as a person providing services ”;
in sub-paragraph (ii), after “section” insert “ 2C, 17AA, 17C, ”.
Omit subsection (1)(ca) and the preceding “or”.
Omit subsection (2)(ba).
After subsection (3) insert—
In section 236(3) of that Act (orders etc subject to affirmative resolution procedure), after “shall be made under section” insert “ 43K(4), ”.”
In consequence of the amendments made by subsections (5) and (6), omit paragraph 7(a)(ii) and (b) of the Schedule to the Smoking, Health and Social Care (Scotland) Act 2005 (Consequential Modifications) (England, Wales and Northern Ireland) Order 2006 (S.I. 2006/1056).
Until the coming into force of the repeal (made by Schedule 3 to the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13)) of sections 27 to 28 of the National Health Service (Scotland) Act 1978 (“the 1978 Act”), section 43K(1)(c)(ii) of the Employment Rights Act 1996 has effect as if it included a reference to section 27A of the 1978 Act.
The Employment Tribunals Act 1996 is amended as follows.
In section 9 (pre-hearing reviews and preliminary matters), in subsection (2) (deposit orders), in paragraph (a)—
omit “, if he wishes to continue to participate in those proceedings,”;
after “an amount not exceeding £1,000” insertas a condition of— .
In section 13A (payments in respect of preparation time)—
in subsection (3), after “shall also” insert “ , subject to subsection (4), ”;
after subsection (3) insert—
“representative” shall be construed in accordance with section 6(1) (in Part 1) or section 29(1) (in Part 2),
Section 34 of the Employment Relations Act 1999 (indexation of amounts, etc) is amended as follows.
In subsection (2)—
omit “as soon as practicable”;
at the end insert “ , with effect from the following 6th April ”.
In subsection (3), for the words after “the Secretary of State shall” substitute “ round the result to the nearest whole pound, taking 50p as nearest to the next whole pound above ”.
In the following provisions, for “compromise” (in each place where it occurs) substitute “ settlement ”
section 288(2A) and (2B) of the Trade Union and Labour Relations (Consolidation) Act 1992 (restriction on contracting out);
section 203(2)(f) and (3) of the Employment Rights Act 1996 (restrictions on contracting out);
section 58(4) and (5) of the Pensions Act 2008 (restrictions on agreements to limit operation of Part 1).
In section 19A of the Employment Tribunals Act 1996 (conciliation: recovery of sums payable under compromises)—
in subsections (1), (3), (4), (5) and (6), for “compromise” (in each place where it occurs) substitute “ settlement ”;
in subsection (12)—
for “compromise” (in the first two places it occurs) substitute “ settlement ”;
omit “, or compromise,”;
in the heading, for “compromises” substitute “ settlements ”.
In section 49 of the National Minimum Wage Act 1998 (restrictions on contracting out)—
in subsections (3) and (4), for “compromise” (in each place where it occurs) substitute “ settlement ”;
after subsection (8) insert—
In section 28 of the Equality Act 2006 (legal assistance), in subsection (11), for “compromise contract or agreement” substitute “ settlement agreement ”.
In section 144 of the Equality Act 2010 (contracting out), in subsection (4)(b), for “compromise contract” substitute “ settlement agreement ”.
In section 147 of that Act (meaning of “qualifying compromise contract”), in subsections (2) and (5) and in the heading, for “compromise contract” substitute “ settlement agreement ”.
Section 10 does not apply in relation to a disclosure, or a request for information, made before that section comes into force.
Section 12 does not apply in relation to proceedings that are in the process of being heard by the Employment Appeal Tribunal when that section comes into force.
Section 13 does not apply where the effective date of termination of the contract of employment in question is earlier than the date on which that section comes into force. “Effective date of termination” here has the meaning given by section 97(1) of the Employment Rights Act 1996.
Section 14 does not apply to any offer made or discussions held before the commencement of that section.
Section 16 does not apply in relation to any claim presented before the end of the sixth month after the day on which this Act is passed (or before the commencement of that section).
Section 17, 18, 19 or 20 does not apply to a qualifying disclosure made before the section comes into force. “Qualifying disclosure” here has the meaning given by section 43B of the Employment Rights Act 1996.
There is to be a body corporate known as the Competition and Markets Authority.
In this Part that body is referred to as “the CMA”.
The CMA must seek to promote competition, both within and outside the United Kingdom, for the benefit of consumers.
Schedule 4 (which makes provision about the CMA) has effect.
In making any decision, or otherwise taking action, for the purposes of any of its functions within Schedule 4A the CMA must have regard to the need for making a decision, or taking action, as soon as reasonably practicable.
The Competition Commission is abolished.
The Office of Fair Trading is abolished.
Schedule 5 (which amends the Competition Act 1998 and the Enterprise Act 2002 to make provision for the transfer of certain functions from the Competition Commission and the Office of Fair Trading to the CMA and to make other minor and consequential amendments) has effect.
Schedule 6 (which amends other enactments to make provision for the transfer of certain functions from the Competition Commission and the Office of Fair Trading to the CMA) has effect.
The Secretary of State may make one or more transfer schemes in connection with—
the establishment of the CMA under this Act,
the transfer of functions under or by virtue of this Act from the Competition Commission or the Office of Fair Trading to the CMA, or
the abolition of that Commission or that Office under this Act.
A transfer scheme is a scheme for the transfer of property, rights and liabilities of the Competition Commission or the Office of Fair Trading to—
the CMA, or
a Minister of the Crown (as defined by section 8 of the Ministers of the Crown Act 1975).
The things that may be transferred under a transfer scheme include—
property, rights and liabilities that could not otherwise be transferred;
property acquired, and rights and liabilities arising, after the making of the scheme.
A transfer scheme may make consequential, supplementary, incidental or transitional provision and may in particular—
create rights, or impose liabilities, in relation to property or rights transferred;
make provision about the continuing effect of things done by the transferor in respect of anything transferred;
make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of, or in relation to the transferor in respect of anything transferred;
make provision for references to the transferor in an instrument or other document in respect of anything transferred to be treated as references to the transferee;
make provision for the shared ownership or use of property;
make provision that is the same as or similar to the TUPE regulations.
A transfer scheme may provide—
for the scheme to be modified by agreement after it comes into effect;
for modifications to have effect from the date when the scheme first came into effect.
For the purposes of this section—
an individual who holds employment in the civil service is to be treated as employed by virtue of a contract of employment, and
the terms of the individual's employment in the civil service are to be regarded as constituting the terms of the contract of employment.
In this section—
an Act of Parliament,
an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978),
an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament,
an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978),
The Planning (Listed Buildings and Conservation Areas) Act 1990 is amended as follows.
In section 2 of the Water Industry Act 1991 (general duties with respect to water industry), omit subsection (3)(d)(iii) (duty of Secretary of State and the Water Services Regulation Authority where a licensed water supplier is connected to a relevant undertaker).
Anything that the CMA Board is required or permitted to do (including conferring authorisation under this sub-paragraph) may be done by— Sub-paragraph (1) does not apply to the functions of deciding— Sub-paragraph (1)(a) does not apply to the functions of deciding— A committee or sub-committee of the CMA Board may not be authorised to carry out any of the functions listed in sub-paragraph (2A) unless— Sub-paragraph (1)(b) does not apply to a committee or sub-committee whose members include any person who is not a member of the CMA or of its staff. The Secretary of State may by regulations made by statutory instrument amend sub-paragraphs (2) or (2A) so as to add or remove functions of the CMA under Part 1 of the 2024 Act. The regulations may make incidental, transitional or saving provision. A statutory instrument containing regulations under sub-paragraph (4) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
This paragraph applies where the CMA Board is to consider whether a matter should be referred to the chair for the constitution of a group under this Schedule. Before the CMA Board considers whether to refer the matter to the chair, the chair must determine whether a person who is a member of the CMA Board might reasonably be expected to be a member of a group constituted in connection with the matter. If the chair determines that a person who is a member of the CMA Board might reasonably be expected to be a member of such a group, that person is not to participate in the CMA Board's consideration of whether to refer the matter to the chair.
Section 1 (listing of buildings of special architectural or historic interest) is amended as follows. In subsection (5) after “shall” insert “, subject to subsection (5A)(a),”. After subsection (5) insert—
Paragraph 29(1) is subject to provision in rules made under section 51 of the Competition Act 1998, by virtue of paragraph 1A of Schedule 9 to that Act, in respect of the exercise of a function of the CMA under Part 1 of that Act.
Section 6 (issue of certificate that building not intended to be listed) is amended as follows. Before subsection (1) insert— In subsection (1)(a) after “building” insert “situated in Wales”. In subsection (2) for “such a certificate” substitute “a certificate under subsection (A1) or (1)”. In subsection (3) after “subsection” insert “(A1) or”.
In section 32(1)(a) (purchase notice on refusal or conditional grant of consent)—
for “listed building consent in respect of a building” substitute “on an application for listed building consent in respect of a building, consent”;
before “is revoked” insert “such consent granted on an application”.
In section 62(2) (validity of certain orders and decisions), after paragraph (a) insert—.
Section 74 (control of demolition in conservation areas) is amended as follows. In subsection (1) after the first “area” insert “in Wales”. After subsection (2) insert— In subsection (3) after “areas” insert “in Wales”. In subsection (4) for “Any such regulations” substitute “Regulations made under subsection (3)”.
In section 75 (cases in which section 74 does not apply) in subsection (11)—
for “that section”, in both places those words appear, substitute “section 74”, and
after “43” insert “or section 196D of the principal Act (offence of failing to obtain, or comply with, planning permission for demolition of unlisted etc building in conservation area in England)”.
In section 82(3) (application of Act to land and works of local planning authorities) for “to 29” substitute “to 26, 28, 29”.
In section 82A(2) (application to the Crown), after paragraph (c) insert—.
In section 88(2)(c) (rights of entry) after “11” insert “, 26J”.
In section 92(2)(b) (application to Isles of Scilly), after “Schedules 1, 2” insert “, 2A”.
Section 93 (regulations and orders) is amended as follows. In subsection (4) after “8(5),” insert “26C,”. In subsection (5A) after “section” insert “26C or”.
Schedule 3 (determination of certain appeals by person appointed by Secretary of State) is amended as follows. In paragraph 1(1), 2(8)(a) and 3(3) after “20” insert “, 26K”. In paragraph 2(1) after paragraph (a) (before “and” at the end) insert—.
references to the transfer of property include references to the grant of a lease.
In section 203 of the Employment Rights Act 1996 (restrictions on contracting out), in subsection (2)(e), for “section 18” substitute “ any of sections 18A to 18C ”.
In Schedule 7 to the Postal Services Act 2011 (enforcement of regulatory requirements) for paragraph 4 substitute—
The Energy (Northern Ireland) Order 2003 is amended as follows.
In section 36A of the Gas Act 1986 (functions with respect to competition), in subsections (3), (3A) and (7)(b), after “38(1) to (6)” (in each place where it occurs) insert “, 40B(1) to (4)”.
The Health and Social Care 2012 is amended as follows.
In article 23 of the Gas (Northern Ireland) Order 1996 (functions with respect to competition), in paragraphs (3), (3A) and (6)(b), after “38(1) to (6)” (in each place where it occurs) insert “, 40B(1) to (4)”.
The Town and Country Planning Act 1990 is amended as follows.
The Energy Act 2004 is amended as follows.
The Gas Act 1986 is amended as follows.
The Railways Act 1993 is amended as follows.
Article 42 (orders for securing compliance) is amended as follows. In paragraph (1), for “, (5) and” substitute “and (5) to”. In paragraphs (2) and (4), for “(5) and” substitute “(5) to”. In paragraph (5), omit sub-paragraph (b) and the “or” preceding it. Before making a final order or making or confirming a provisional order in relation to a licence holder, the Authority shall consider whether it would be more appropriate to proceed under the Competition Act 1998. The Authority shall not make a final order or make or confirm a provisional order in relation to a licence holder if it considers that it would be more appropriate to proceed under the Competition Act 1998. In paragraph (7)—
In section 72 (functions under the Competition Act 1998), in subsections (2) and (3), after “38(1) to (6)” (in each place where it occurs) insert “, 40B(1) to (4)”.
In section 108 (compensation for refusal or conditional grant of planning permission formerly granted by order) after subsection (3E) insert—
Section 173 (appeals) is amended as follows. In subsection (1)— In subsections (4) and (5), for “Competition Commission” (in each place where it occurs) substitute “CMA”. In the heading, for “Competition Commission” substitute “CMA”.
Section 23B (appeals) is amended as follows. In subsection (1), for “Competition Commission (“the Commission”)” substitute “CMA”. In subsections (3) and (4), for “Commission” (in each place where it occurs) substitute “CMA”. In the heading, for “Competition Commission” substitute “CMA”.
Section 13 (modification references) is amended as follows. In subsection (1)— In subsection (2)— In subsection (3), for “Competition Commission” substitute “CMA”. In subsection (5)— In subsection (6)— In subsection (7), for “Competition Commission” substitute “CMA”. After subsection (9) insert— In the heading, for “Monopolies Commission” substitute “CMA”.
Before imposing a penalty under paragraph (1) or (2) the Authority shall consider whether it would be more appropriate to proceed under the Competition Act 1998. The Authority shall not impose a penalty under paragraph (1) or (2) if it considers that it would be more appropriate to proceed under the Competition Act 1998.
Sub-paragraph (2) is subject to provision in rules made under section 51 of the Competition Act 1998 by virtue of paragraph 1A of Schedule 9 to that Act in respect of the exercise of a function under Part 1 of that Act.
In section 171B (time limits for enforcement of breaches of planning control) after subsection (2) insert—
Section 174 (procedure on appeals) is amended as follows. Omit subsection (1). In subsection (2), omit “Instead,”. After subsection (2) insert—
Section 23C (procedure on appeal) is amended as follows. Omit subsection (1). In subsection (2), omit “Instead,”. After subsection (2) insert— In the heading, for “Commission” substitute “CMA”.
In section 13A (references under section 13: time limits), in subsections (2) and (3), for “Competition Commission” (in each place where it occurs) substitute “CMA”.
In section 174 (appeal against enforcement notice) before subsection (3) insert—
Section 175 (determination of appeals) is amended as follows. In subsections (2) to (6), for “Competition Commission” (in each place where it occurs) substitute “CMA”. In subsection (9)— In subsection (10), for “Competition Commission” substitute “CMA”.
Section 23D (determination of appeal) is amended as follows. In subsections (2) to (5), for “Commission” (in each place where it occurs) substitute “CMA”. In the heading, for “Commission” substitute “CMA”.
In section 13B (application of Enterprise Act 2002), in subsection (4)—
After section 196C insert—
Section 176 is omitted.
Section 23E (powers on allowing appeal) is amended as follows. In subsection (1), for “Commission” substitute “CMA”. In subsection (2)— In subsection (3), for “Commission” (in each place where it occurs) substitute “CMA”. In subsection (7), for “Commission’s” substitute “CMA’s”. In the heading, for “Commission’s” substitute “CMA’s”.
Section 14 (reports on modification references) is amended as follows. In subsection (1), for “Competition Commission” substitute “CMA”. In subsection (1A)— In subsections (1B), (3) to (3C) and (4), for “Competition Commission” (in each place where it occurs) substitute “CMA”.
Section 177 is omitted.
Section 23F (time limits for determination of appeal) is amended as follows. In subsections (1), (3) to (5) and (7), for “Commission” (in each place where it occurs) substitute “CMA”. In the heading, for “Commission” substitute “CMA”.
In section 15 (modification following report), in subsections (1), (4A), (4C) and (4D), for “Competition Commission” (in each place where it occurs) substitute “CMA”.
Schedule 22 (procedure for appeals under section 173) is amended as follows. In paragraph 1— In paragraph 2, in sub-paragraphs (1), (2), (5) and (6), for “Commission” (in each place where it occurs) substitute “CMA”. In paragraph 3, in sub-paragraphs (1) and (5), for “Commission” (in each place where it occurs) substitute “CMA”. In paragraph 4, in sub-paragraph (1), for “Commission” substitute “CMA”. In paragraph 5— In paragraph 6— In paragraph 7— In paragraph 8— In paragraph 9— In paragraph 10— In paragraph 11, in sub-paragraph (1), for “a member of the Commission” substitute “an authorised member of the CMA”. In paragraph 12, in sub-paragraphs (1), (3) and (4), for “Commission” (in each place where it occurs) substitute “CMA Board”. In paragraph 13, in sub-paragraph (1), for “Commission” (in each place where it occurs) substitute “CMA”. In paragraph 15, in sub-paragraph (1)—
Section 23G (supplementary provision about determination of appeal) is amended as follows. In subsection (1), for “Commission” (in each place where it occurs) substitute “CMA”. In subsection (2)— In subsection (3), for “Commission” substitute “CMA”. In the heading, for “Commission” substitute “CMA”.
Section 15A (power to veto modifications following report) is amended as follows. In subsections (1) to (5), for “Competition Commission” (in each place where it occurs) substitute “CMA”. In the heading, for “Competition Commission’s” substitute “CMA’s”.
In section 27 (modification by order under other enactments), in subsection (1), for “Office of Fair Trading, the Competition Commission” substitute “CMA”.
Section 15B (making of modifications) is amended as follows. In subsections (1) to (5), for “Competition Commission” (in each place where it occurs) substitute “CMA”. In the heading, for “Competition Commission” substitute “CMA”.
Section 41D (application by Authority for order including new activities) is amended as follows. In subsection (3), for the words from “shall” to the end, substitute “shall, before making the application, make a reference under section 41E to the CMA”. In subsections (4) and (5), for “Commission” (in each place where it occurs) substitute “CMA”. After subsection (6), insert—
Section 15C (sections 15A and 15B: supplementary) is amended as follows. In subsections (2) to (2B) and (2D), for “Competition Commission” (in each place where it occurs) substitute “CMA”. In subsection (2F), for “Commission” (in each place where it occurs) substitute “CMA”. In subsection (2G)— In subsections (3) and (4), for “Competition Commission” (in each place where it occurs) substitute “CMA”.
Section 41E (references) is amended as follows. In subsection (1)— In subsections (2), (3), (5) and (6), for “Commission” (in each place where it occurs) substitute “CMA”. In the heading, for “Competition Commission” substitute “CMA”.
In section 16 (modification by order under other enactments), in subsection (1), for “OFT, the Competition Commission” substitute “CMA”.
In section 41EA (references under section 41E: time limits), in subsections (2) and (3), for “Competition Commission” (in each place where it occurs) substitute “CMA”.
Section 74 (annual and other reports) is amended as follows. In subsection (1)(b), for “Competition Commission’s” substitute “CMA’s”. Omit subsection (7).
In section 41EB (references under section 41E: application of the Enterprise Act 2002), in subsection (4)—
for “Competition Commission” substitute “CMA”, and
for the words from “the words” to the end, substitute —
In section 83 (interpretation of Part 1), in subsection (1)—
before the definition of “cross-border service” insert—
omit the definition of “the OFT”.
Section 41F (reports on references) is amended as follows. In subsection (1), for “Competition Commission” substitute “CMA”. In subsections (2) and (3), for “Commission” (in each place where it occurs) substitute “CMA”. In subsection (3A)— In subsections (3B) to (4C), for “Competition Commission” (in each place where it occurs) substitute “CMA”. In subsection (5), for “Commission” substitute “CMA”.
Schedule 4A (review of access charges by regulators) is amended as follows. In the italic cross-heading preceding paragraph 8, for “Competition Commission reference” substitute “reference to CMA”. In paragraph 8, in sub-paragraph (2)(b), for “Competition Commission” substitute “CMA”. In the italic cross-heading preceding paragraph 9, for “Competition Commission” substitute “CMA”. In paragraph 9— In paragraph 10A, in sub-paragraph (4)— In paragraph 11— In paragraph 12, in sub-paragraphs (1), (4B), (5), (8) and (9), for “Competition Commission” substitute “CMA”. In the italic cross-heading preceding paragraph 13, for “Competition Commission’s” substitute “CMA’s”. In paragraph 13, in sub-paragraphs (1) to (5), for “Competition Commission” (in each place where it occurs) substitute “CMA”. In the italic cross-heading preceding paragraph 14, for “Competition Commission” substitute “CMA”. In paragraph 14, in sub-paragraphs (1) to (3) and (5) and (6), for “Competition Commission” (in each place where it occurs) substitute “CMA”. In paragraph 15—
In section 48 (interpretation of Part 1), in subsection (1), after the definition of “calorific value” insert—.
Schedule 4A (procedure for appeals under section 23B) is amended as follows. In paragraph 1— In paragraph 2— In paragraph 3, in sub-paragraphs (1) and (3), for “Commission” (in each place where it occurs) substitute “CMA”. In paragraph 4— In paragraph 5, in sub-paragraph (1)— In paragraph 6— In paragraph 7— In paragraph 8— In paragraph 9, for “Commission” substitute “CMA”. In paragraph 10, in sub-paragraph (1), for “a member of the Commission” substitute “an authorised member of the CMA”. In paragraph 11, in sub-paragraphs (1), (3) and (4), for “Commission” (in each place where it occurs) substitute “CMA Board”. In paragraph 12, in sub-paragraphs (1) and (2), for “Commission” (in each place where it occurs) substitute “CMA”. In paragraph 13, in sub-paragraph (1)—
an Act of the Scottish Parliament,
In section 288 of the Trade Union and Labour Relations (Consolidation) Act 1992 (restriction on contracting out), in subsection (2), for “section 18” substitute “ any of sections 18A to 18C ”.
In section 58 of the Pensions Act 2008 (restrictions on agreements to limit operation of Part 1), in subsection (3), for “section 18” substitute “ any of sections 18A to 18C ”.
The Wireless Telegraphy Act 1967 (the remaining provisions of which make provision for, and in connection with, the recording and notification of the sale or hire of televisions etc) is repealed.
Part 3 of the 2002 Act (mergers) is amended as follows.
Section 80 (interim undertakings) is amended as follows. In subsection (1), for “Subsections (2) and (3)” substitute “Subsections (2) and (2A)”. After subsection (2) insert— After subsection (2A) insert— Omit subsections (3) and (4). In subsection (5), for “Any other undertaking” substitute “An undertaking”. Omit subsection (6).
Section 81 (interim orders) is amended as follows. In subsection (1) for “Subsections (2) and (3)” substitute “Subsections (2) and (2A)”. After subsection (2) insert— After subsection (2A) insert— Omit subsections (3) and (4). In subsection (5), for “Any other order” substitute “An order”. Omit subsection (6).
In this Schedule, “enactment” means— Any reference in this Schedule to an enactment includes a reference to an enactment whenever passed or made.
The CMA is to publish its first annual plan within the period of three months beginning with the commencement date. The first annual plan is to relate to the period beginning with the date of publication of the plan, and ending with the date on which the CMA’s first financial year ends.
Section 273 (interpretation) is amended as follows. For the definition of “the Commission” substitute—. Omit the definition of “the OFT”.
Section 22 (duty to make references in relation to completed mergers) is amended as follows. In subsection (1), for the words before paragraph (a) substitute “The CMA shall, subject to subsections (2) and (3), make a reference to its chair for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 if the CMA believes that it is or may be the case that—”. In subsection (2)— In subsections (3) and (3A), for “OFT” (in each place where it occurs) substitute “CMA”. In subsection (7)—
The Electricity (Northern Ireland) Order 1992 is amended as follows.
References in this Schedule to the commencement date are to the date on which section 25(3) comes into force.
In section 23 (relevant merger situations), in subsection (9), in paragraph (a), for “Commission” substitute “CMA”.
In article 2 (interpretation), in paragraph (2), before the definition of “the Department” insert—
In section 24 (time-limits and prior notice), in subsection (2), for “OFT” (in each place where it occurs) substitute “CMA”.
Article 15 (modification references) is amended as follows. In paragraph (1)— In paragraph (2)— In paragraph (3), for “Competition Commission” substitute “CMA”. In paragraph (5)— In paragraph (6)— In paragraph (7), for “Competition Commission” substitute “CMA”. After paragraph (7) insert— 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”. In paragraph (9A), for “selecting” substitute “constituting”. In the heading, for “Monopolies Commission” substitute “CMA”.
In section 25 (extension of time-limits), in subsections (1) to (6) and (8), for “OFT” (in each place where it occurs) substitute “CMA”.
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”.
In section 28 (turnover test), in subsection (5), for “OFT” substitute “CMA”.
Article 16 (reports on modification references) is amended as follows. In paragraph (1), for “Competition Commission” substitute “CMA”. In paragraph (1A)— In paragraphs (1B), (3) to (3C) and (4), for “Competition Commission” (in each place where it occurs) substitute “CMA”.
Section 33 (duty to make references in relation to anticipated mergers) is amended as follows. In subsection (1), for the words before paragraph (a) substitute “The CMA shall, subject to subsections (2) and (3), make a reference to its chair for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 if the CMA believes that it is or may be the case that—”. In subsection (2)— In subsections (3) and (3A), for “OFT” (in each place where it occurs) substitute “CMA”.
In article 17 (modification following report), in paragraphs (1) and (5), for “Competition Commission” (in each place where it occurs) substitute “CMA”.
Section 34A (duty where case referred by the European Commission) is amended as follows. In subsection (1), for “OFT” substitute “CMA”. In subsection (2)— In subsection (3), for “OFT” (in each place where it occurs) substitute “CMA”. In the heading, for “OFT” substitute “CMA”.
Article 17A (power to veto modifications following report) is amended as follows. In paragraph (1), for the words from the beginning to “Commission”)” substitute “The CMA”. In paragraphs (2) to (8), (10) to (12), (14) and (16), for “Commission” (in each place where it occurs) substitute “CMA”. In the heading, for “Competition Commission’s” substitute “CMA’s”.
Before section 35 (but after the italic cross-heading immediately preceding it) insert—
In article 18 (modification by order under other statutory provisions), in paragraph (1), for “Office of Fair Trading, the Competition Commission” substitute “CMA”.
In section 35 (questions to be decided in relation to completed mergers), in subsections (1) and (3) to (7), for “Commission” (in each place where it occurs) substitute “CMA”.
Article 53 (annual and other reports) is amended as follows. In paragraph (1)(a)(ii), for “Competition Commission” substitute “CMA’s”. Omit paragraph (6).
In section 36 (questions to be decided in relation to anticipated mergers), in subsections (1) to (6), for “Commission” (in each place where it occurs) substitute “CMA”.
Section 37 (cancellation and variation of references under section 22 or 33) is amended as follows. In subsections (1) to (4), for “Commission” (in each place where it occurs) substitute “CMA”. In subsection (6), for “OFT” substitute “CMA”. Omit subsections (7) and (8). In subsection (9)—
Section 38 (investigations and reports on references under section 22 or 33) is amended as follows. In subsections (1) to (3), for “Commission” (in each place where it occurs) substitute “CMA”. Omit subsection (4).
In section 39 (time-limits for investigations and reports), in subsections (1), (3), (4) and (8), for “Commission” (in each place where it occurs) substitute “CMA”.
In section 40 (section 39: supplementary), in subsections (10), (11) and (13), for “Commission” (in each place where it occurs) substitute “CMA”.
In section 41 (duty to remedy effects of completed or anticipated mergers), in subsections (1) to (5), for “Commission” (in each place where it occurs) substitute “CMA”.
Section 42 (intervention by Secretary of State in certain public interest cases) is amended as follows. In subsection (2), for “OFT” substitute “CMA”. In subsection (6)—
Section 43 (intervention notices under section 42) is amended as follows. In subsection (4)—
Section 44 (investigation and report) is amended as follows. In subsections (2) and (3), for “OFT” (in each place where it occurs) substitute “CMA”. In subsection (4) — In subsections (5), (5A) and (7), for “OFT” (in each place where it occurs) substitute “CMA”. In the heading, for “OFT” substitute “CMA”.
Section 45 (power of Secretary of State to refer matter) is amended as follows. In subsection (1), in paragraph (b), for “OFT” substitute “CMA”. In subsections (2) to (5), for “to the Commission” (in each place where it occurs) substitute “to the chair of the CMA for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013”. In the heading, for “Commission” substitute “CMA”.
In section 46 (references under section 46: supplementary), in subsection (2), for “OFT” substitute “CMA”.
Section 46A (cases referred by European Commission where intervention notice is in force) is amended as follows. In subsection (1), for “OFT” substitute “CMA”. In subsection (2), in paragraph (a), omit “to the Commission”.
Before section 47 (but after the italic cross-heading immediately preceding it) insert—
In section 47 (questions to be decided on references under section 45), in subsections (1) to (11), for “Commission” (in each place where it occurs) substitute “CMA”.
In section 48 (cases where references on certain questions need not be decided), in subsections (1) to (3) for “Commission” (in each place where it occurs), substitute “CMA”.
In section 49 (variation of references under section 45), in subsections (1) to (4) and (7) to (9), for “Commission” (in each place where it occurs) substitute “CMA”.
In section 50 (investigations and reports on references under section 45), in subsections (1) to (3), for “Commission” (in each place where it occurs) substitute “CMA”.
Section 51 (time-limits for investigations and reports) is amended as follows. In subsections (1) to (4) and (8), for “Commission” (in each place where it occurs) substitute “CMA”. In the heading, for “Commission” substitute “CMA”.
Section 52 (section 51: supplementary), in subsections (10), (11) and (13), for “Commission” (in each place where it occurs) substitute “CMA”.
Section 53 (restrictions on action where public interest considerations not finalised) is amended as follows. In subsection (1), for “Commission” substitute “CMA”. In subsection (2)— In subsections (3) to (5), for “Commission” (in each place where it occurs) substitute “CMA”.
Section 54 (decision of Secretary of State in public interest cases) is amended as follows. In subsection (1), for “Commission” substitute “CMA”. In subsection (3), omit “to the Commission” (in each place where it occurs). In subsections (5) and (6), for “Commission” (in each place where it occurs) substitute “CMA”. In subsection (7)—
In section 55 (enforcement action by Secretary of State), in subsection (3), for “Commission” substitute “CMA”.
Section 56 (competition cases where intervention on public interest grounds ceases) is amended as follows. In subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “CMA”. In subsection (3)— In subsection (4), for “Commission” (in each place where it occurs) substitute “CMA”. In subsection (6)— In subsection (7), for “Commission” (in each place where it occurs) substitute “CMA”. In subsection (8)—
Section 57 (duties of authorities to inform Secretary of State) is amended as follows. In subsection (1), for “OFT” substitute “CMA”. In subsection (2)— In the heading, for “OFT and Commission” substitute “CMA and OFCOM”.
In section 58 (specified considerations), in subsection (4)(b) for “OFT, OFCOM, the Commission” substitute “CMA, OFCOM”.
Section 59 (intervention by Secretary of State in special public interest cases) is amended as follows. In subsection (2), for “OFT” substitute “CMA”. In subsection (6)—
Section 60 (special intervention notices under section 59) is amended as follows. In subsection (4)—
In section 61 (initial investigation and report) is amended as follows. In subsections (2) to (4A) and (6), for “OFT” (in each place where it occurs) substitute “CMA”. In the heading, for “OFT” substitute “CMA”.
Section 62 (power of Secretary of State to refer matter) is amended as follows. In subsection (1), in paragraph (b), for “OFT” substitute “CMA”. In subsections (2) and (3), for “to the Commission” (in each place where it occurs), substitute “to the chair of the CMA for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013”. In subsection (5), for “OFT” substitute “CMA”.
Before section 63 insert—
In section 63 (questions to be decided on references under section 62), in subsections (1) to (4), for “Commission” (in each place where it occurs) substitute “CMA”.
In section 64 (cancellation and variation of references under section 62), in subsections (1) to (4) and (7) to (9), for “Commission” (in each place where it occurs) substitute “CMA”.
In section 65 (investigations and reports on references under section 62), in subsections (1) to (2A) and (4), for “Commission” (in each place where it occurs) substitute “CMA”.
In section 66 (decision and enforcement action by Secretary of State), in subsections (1) to (4) and (7), for “Commission” (in each place where it occurs) substitute “CMA”.
In section 67 (intervention to protect legitimate interests), in subsections (2) and (8), for “OFT” (in each place where it occurs) substitute “CMA”.
In section 68 (scheme for protecting legitimate interests), in subsection (4)—
in paragraph (b), for “OFT” substitute “CMA”,
in paragraph (c), for “to the Commission” substitute “to the chair of the CMA for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013”, and
in paragraph (d), for “the Commission” substitute “the CMA, acting through a group so constituted,”.
In section 72 (initial enforcement orders), in subsections (2), (6) and (7), for “OFT” (in each place where it occurs) substitute “CMA”.
In section 73 (undertakings in lieu of references), in subsections (1) to (4), (5) and (7), for “OFT” (in each place where it occurs) substitute “CMA”.
In section 74 (effect of undertakings under section 73), in subsections (1), (2) and (5), for “OFT” (in each place where it occurs) substitute “CMA”.
In section 75 (order making power where undertakings under section 73 not fulfilled), in subsections (1), (2), (4) and (6), for “OFT” (in each place where it occurs) substitute “CMA”.
Section 76 (supplementary interim order-making power) is amended as follows In subsection (1)— In subsections (2), (3), (4) and (7), for “OFT or (as the case may be) the Commission” (in each place where it occurs) substitute “CMA”.
In section 77 (restrictions on certain dealings: completed mergers), in subsections (2), (3), (5) and (6), for “Commission” (in each place where it occurs) substitute “CMA”.
In section 78 (restrictions on certain dealings: anticipated mergers), in subsections (2) to (4), for “Commission” (in each place where it occurs) substitute “CMA”.
Section 79 (sections 77 and 78: further interpretation provisions) is amended as follows. In subsection (1), for “Commission” (in each place where it occurs) substitute “CMA”. In subsection (4), for “OFT” substitute “CMA”.
Section 80 (interim undertakings) is amended as follows. In subsections (2), (5) and (9), for “Commission” (in each place where it occurs) substitute “CMA”. In subsection (10), for “Commission’s” substitute “CMA’s”.
Section 81 (interim orders) is amended as follows. In subsection (2), for “Commission” (in each place where it occurs) substitute “CMA”. In subsection (9), for “Commission” substitute “CMA”.
In section 82 (final undertakings), in subsections (1), (2) and (5), for “Commission” (in each place where it occurs) substitute “CMA”.
Section 83 (order-making powers where final undertakings not fulfilled) is amended as follows. In subsection (1), in the words before paragraph (a), for “Commission” substitute “CMA”. In that subsection, in paragraph (b)— In subsections (2) and (4), for “Commission” (in each place where it occurs) substitute “CMA”. Omit subsection (6).
Section 84 (final orders) is amended as follows. In subsections (1) and (2), for “Commission” (in each place where it occurs) substitute “CMA”. Omit subsection (4).
In section 85 (enforcement regime for public interest and special interest cases), in subsection (2), for “OFT” substitute “CMA”.
Section 91 (register of undertakings and orders) is amended as follows. In subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “CMA”. In subsection (3)— In subsection (4), for “OFT” substitute “CMA”. In subsection (5)— In subsections (6) and (7), for “OFT” (in each place where it occurs) substitute “CMA”.
In the italic cross-heading preceding section 92, for “OFT” substitute “CMA”.
Section 92 (duty to monitor undertakings and orders) is amended as follows. In subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “CMA”. In subsection (3)— In subsections (4) to (6), for “OFT” (in each place where it occurs) substitute “CMA”. In subsection (7)— In the heading, for “OFT” substitute “CMA”.
Section 93 (further role in relation to undertakings and orders) is amended as follows. In subsection (1), omit paragraph (a) and the word “or” immediately following it. In subsection (2)— In subsection (3)— In subsection (4)— In subsection (6)— In the heading, for “OFT” substitute “CMA”.
Section 94 (rights to enforce undertakings and orders) is amended as follows. In subsection (6), for “OFT” substitute “CMA”. Omit subsection (7).
Section 95 (rights to enforce statutory restrictions) is amended as follows. In subsection (4), for “OFT or the Commission” substitute “CMA”. In subsection (5), for “OFT” substitute “CMA”.
Section 96 (merger notices) is amended as follows. In subsection (1), for “OFT” substitute “CMA”. In subsection (5), for “OFT” substitute “CMA”.
Section 99 (certain functions in relation to merger notices) is amended as follows. In subsection (1), for “OFT” (in each place where it occurs) substitute “CMA”. In subsection (5), for “OFT” (in each place where it occurs) substitute “CMA”. In the heading, for “OFT and Secretary of State” substitute “CMA”.
In section 100 (exceptions to protection given by merger notices), in subsection (1), for “OFT” (in each place where it occurs) substitute “CMA”.
Section 104 (certain duties of relevant authorities to consult) is amended as follows. In subsection (6), in the definition of “relevant authority” for “OFT, the Commission” substitute “CMA”. In that subsection, in the definition of “relevant decision”—
In section 104A (public consultation in relation to media mergers), in subsections (1) to (3), for “Commission” (in each place where it occurs) substitute “CMA”.
Section 105 (general information duties) is amended as follows. In subsection (1), for “OFT” substitute “CMA”. In subsection (3)— In subsection (3A)— In subsection (4)— In subsection (4A)— In subsection (5)— In subsection (6), for “OFT” (in each place where it occurs) substitute “CMA”. In subsection (7)— In subsection (7A), omit the words from “and the OFT” to the end of the subsection. In the heading, for “OFT and Commission” substitute “CMA”.
Section 106 (advice and information about references under sections 22 and 33) is amended as follows. In subsection (1)— In subsection (2), for “OFT” substitute “CMA”. Omit subsections (3) and (4). In subsection (5), in paragraph (b), for “OFT or (as the case may be) the Commission” substitute “CMA”. In subsection (6)— In subsection (7)— In subsection (8), for “OFT shall consult the Commission and such other persons” substitute “CMA shall consult such persons”. Omit subsection (9).
In section 106A (advice and information in relation to media mergers), in subsection (5), for “OFT, OFCOM, the Commission” substitute “CMA, OFCOM”.
In section 106B (general advisory duties of OFCOM), in subsections (1) and (3), for “Commission” substitute “CMA”.
Section 107 (further publicity requirements) is amended as follows. In subsection (1)— In subsection (2), for “Commission shall” substitute “CMA shall also”. In subsection (3)— In subsection (9)— In subsection (10)— In subsection (11), for “Commission’s” substitute “CMA’s”.
In section 108 (defamation), for “OFT, OFCOM, the Commission” substitute “CMA, OFCOM”.
In section 109 (attendance of witnesses and production of documents etc.), in subsection (3)(a), for “the Commission” substitute “the CMA”.
In section 110 (enforcement of powers under section 109: general), in subsections (1) to (3), (6), (8) and (9), for “Commission” (in each place where it occurs) substitute “CMA”.
In section 111 (penalties), in subsections (1), (5) and (8), for “Commission” (in each place where it occurs) substitute “CMA”.
In section 112 (penalties: main procedural requirements), in subsections (1) to (3), for “Commission” (in each place where it occurs) substitute “CMA”.
In section 113 (payment and interest by instalments), in subsections (3) and (4), for “Commission” (in each place where it occurs) substitute “CMA”.
In section 114 (appeals in relation to penalties), in subsections (4), (5) and (7), for “Commission” (in each place where it occurs) substitute “CMA”.
In section 115 (recovery of penalties), for “Commission” (in each place where it occurs) substitute “CMA”.
In section 116 (statement of policy), in subsections (1), (3) and (4), for “Commission” (in each place where it occurs) substitute “CMA”.
In section 117 (false or misleading information), in subsections (1) and (2), for “OFT, OFCOM, the Commission” (in each place where it occurs) substitute “CMA, OFCOM”.
Section 118 (excisions from reports) is amended as follows. In subsection (1)— In subsection (5), for “Commission” substitute “CMA”.
Section 119 (minority reports) is amended as follows. In subsection (1)— In the heading, for “Commission” substitute “CMA”.
Section 119B (monitoring role in relation to media mergers) is amended as follows. In subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “CMA”. In the heading, for “OFT” substitute “CMA”.
In section 120 (review of decisions under Part 3), in subsection (1)—
for “OFT” substitute “CMA”, and
for “the Secretary of State or the Commission” substitute “or the Secretary of State”.
Section 121 (fees) is amended as follows. In subsection (1)— In subsections (3), (4) and (7), for “OFT” (in each place where it occurs) substitute “CMA”. In subsection (8)— In subsection (9), for “OFT” substitute “CMA”.
Section 122 (primacy of EU law) is amended as follows. In subsection (1)— In subsection (2), for “OFT” (in each place where it occurs) substitute “CMA”.
Section 123 (power to alter share of supply test), in subsection (4), for “OFT and the Commission” substitute “CMA”.
Section 130 (index of defined expressions) is amended as follows. The CMA Section 273 Omit the entries in the table for “The Commission” and “The OFT”. In the first column of the entry for “Reports of the Commission”, for “Commission” substitute “CMA”.
Schedule 7 (enforcement regime for public interest and special interest cases) is amended as follows. In paragraph 2, in sub-paragraphs (2), (10) and (11), for “OFT” (in each place where it occurs) substitute “CMA”. In paragraph 3, in sub-paragraph (3), for “OFT” (in each place where it occurs) substitute “CMA”. In paragraph 4, in sub-paragraphs (2) and (3), for “OFT” (in each place where it occurs) substitute “CMA”. In paragraph 5, in sub-paragraphs (1) and (6), for “OFT” (in each place where it occurs) substitute “CMA”. In paragraph 7, in sub-paragraphs (8) and (9), for “Commission” (in each place where it occurs) substitute “CMA”. In paragraph 8— In paragraph 10, in sub-paragraphs (1) and (6), for “OFT” (in each place where it occurs) substitute “CMA”. In paragraph 11, in sub-paragraph (5), for “OFT” substitute “CMA”.
Schedule 8 (provision that may be contained in certain enforcement orders) is amended as follows. In paragraph 8, in sub-paragraph (3), for “Commission” substitute “CMA”. In paragraph 19, for “OFT” (in each place where it occurs) substitute “CMA”. In paragraph 24 —
In Schedule 10 (procedural requirements for certain enforcement undertakings and orders), in paragraph 2(1), for “the OFT, the Commission” substitute “the CMA”.
This section applies in relation to a provision of this Act under or by virtue of which the CMA has a function of consulting another person in preparing rules, statements of policy, guidance or general advice or information.
At any time before the provision comes into force, the Office of Fair Trading or the Competition Commission or both bodies acting jointly—
may carry out any consultation that the CMA would have power to carry out after the provision comes into force, and
for that purpose, may prepare drafts of any documents to which the consultation relates.
At any time after the provision comes into force, the CMA may elect to treat any consultation carried out or other thing done under subsection (2) by the Office of Fair Trading or the Competition Commission (or by both bodies acting jointly) as carried out or done by the CMA.
The Secretary of State may direct the Office of Fair Trading or the Competition Commission, or both of them acting jointly, to exercise a power conferred by subsection (2).
Section 109 of the Enterprise Act 2002 (“the 2002 Act”) (investigation powers in connection with attendance of witnesses etc.) is amended as follows.
Before subsection (1) insert—
In subsection (1), for the words from the beginning to “under this Part,” substitute “ The CMA may, for a permitted purpose, ”.
In subsection (2), for the words from the beginning to “under this Part,” substitute “ The CMA may, for a permitted purpose, ”.
In subsection (3), for the words from the beginning to “under this Part,” substitute “ The CMA may, for a permitted purpose, ”.
In subsection (4), after “shall” insert— .
In subsection (5), for the words from the beginning to “under this Part,” substitute “ The CMA, or any person nominated by it for the purpose, may for a permitted purpose ”.
In subsection (6), for the words from “for the purpose of” to “under this Part” substitute “ for a permitted purpose ”.
After subsection (8) insert—
In section 110 (enforcement of powers under section 109: general), omit subsection (4).
After section 110 insert—
In section 111 (penalties), in subsection (5)(b)—
in sub-paragraph (i), omit “or (as the case may be) the obstruction or delay is removed”, and
in sub-paragraph (ii), for the words from “the day” to the end of the sub-paragraph substitute “ the day which is the relevant day in the case in question for the purposes of section 110A ”.
Omit section 71 of the 2002 Act (initial undertakings: completed mergers).
Section 72 of that Act (initial enforcement orders: completed mergers) is amended as follows.
For subsection (1) substitute—
Omit subsection (3).
Before subsection (4) insert—
After subsection (3B) insert—
In subsection (6), in each of paragraphs (a) and (d), after “section 22” insert “ or 33 ”.
After subsection (7) insert—
In the heading for “completed mergers” substitute “ completed or anticipated mergers ”.
Schedule 7 (which makes further provision about interim measures under Part 3 of the 2002 Act) has effect.
After section 94 of the 2002 Act (rights to enforce undertakings and orders under Part 3) insert—
In section 120 of that Act (review of decisions under Part 3), in subsection (2)(a), for “section 110(1) or (3)” substitute “ section 94A(1) or 110(1) or (3) ”.
In section 124 of that Act (orders and regulations under Part 3)—
in subsection (4), before “or 102” insert “ , 94A(6) ”, and
in subsection (5), before “111(4) or (6),” insert “ 94A(3) or (6), ”.
In section 103 of the 2002 Act (duty of expedition in relation to references), in subsection (1), for the words from the beginning to “the OFT” substitute “ In making any decision for the purposes of its functions of making and determining references under this Part, the CMA ”.
Schedule 8 (which makes provision about time-limits in relation to the mergers reference regime under Part 3 of the 2002 Act) has effect.
Section 131 of the 2002 Act (power to make market investigation references) is amended as follows.
After subsection (2) insert—
In subsection (4)(a), for “section 156(1)” substitute “ section 156(A1) or (1) ”.
In subsection (6)—
“cross-market reference” means a reference under this section which falls within subsection (2A) or a reference under section 132 which falls within subsection (3A) of that section (and see section 140A);
“ordinary reference” means a reference under this section or section 132 which is not a cross-market reference (and see section 140A);
Section 132 of the 2002 Act (ministerial power to make market investigation references) is amended as follows.
After subsection (3) insert—
In subsection (4), for “section 156(1)” substitute “ section 156(A1) or (1) ”.
Schedule 9 (which contains amendments of Part 4 of the 2002 Act which are consequential on section 33 and this section) has effect.
Part 4 of the 2002 Act (market investigations) is amended as follows.
Section 139 (power of Secretary of State to give public interest intervention notices) is amended as follows.
For subsection (1) substitute—
In subsection (2)—
in the words before paragraph (a), after “may” insert “ , within the permitted period, ”,
in paragraph (a)(i), after “131” insert “ in relation to the matter ”, and
in paragraph (c), for “case” (in the second place where it occurs) substitute “ proposal to accept the undertaking ”.
After subsection (2) insert—
For subsection (4) substitute—
After subsection (4B) insert—
After section 140 insert—
After section 141 insert—
Schedule 10 (which contains amendments of Part 4 of the 2002 Act which are consequential on or otherwise related to this section) has effect.
Section 174 of the 2002 Act (investigation powers) is amended as follows.
For subsections (1) and (2) substitute—
In subsection (6), after “shall” insert— .
After subsection (6) insert—
In subsection (7), for “the purpose mentioned in subsection (1)” substitute “ a permitted purpose ”.
After subsection (9) insert—
For the heading substitute “ Attendance of witnesses and production of documents etc. ”.
Schedule 11 (which makes provision about the enforcement of the powers under section 174 of the 2002 Act, as amended by this section, and which makes consequential amendments of that Act) has effect.
Part 4 of the 2002 Act (market investigations) is amended as follows.
In section 157 (interim undertakings: Part 4), after subsection (2) insert—
After subsection (2B) of that section insert—
In section 158 (interim orders: Part 4), after subsection (2) insert—
After subsection (2B) of that section insert—
Schedule 12 (which makes provision about consultation in relation to decisions whether to make a market investigation reference and about time-limits in relation to the conduct of market studies and the markets investigation reference regime under Part 4 of the 2002 Act) has effect.
Part 1 of the Competition Act 1998 (“the 1998 Act”) (competition) is amended as follows.
After section 26 (powers when conducting investigations) insert—
For the heading of section 26 substitute “ Investigations: powers to require documents and information ”.
Section 30A (use of statements in prosecution) is amended as follows.
The existing text becomes subsection (1).
In subsection (1), for “26 to 28A” substitute “ 26 and 27 to 28A ”.
After that subsection insert—
Part 1 of the 1998 Act (competition) is amended as follows.
After section 40 insert—
Section 38 (guidance about appropriate level of penalties under section 36) is amended as follows.
In subsection (1), after “under this Part” insert “ in respect of an infringement of the Chapter 1 prohibition, the Chapter 2 prohibition, the prohibition in Article 81(1) or the prohibition in Article 82 ”.
In subsection (1A), for “a penalty under this Part” substitute “ such a penalty ”.
In subsection (8), after “under this Part” insert “ in respect of an infringement of a kind mentioned in subsection (1) ”.
Section 42 (offences of failure to comply with requirements imposed in investigations and obstruction) is amended as follows.
Omit subsections (1) to (4).
In subsection (6), omit “(1) or”.
Schedule 13 (which amends the 1998 Act to extend the powers under that Act to issue warrants to the Competition Appeal Tribunal) has effect.
Part 1 of the 1998 Act (competition) is amended as follows.
After section 25 (power to investigate) insert—
Schedule 9 (examples of provision that may be made in rules) is amended as follows.
After paragraph 1 insert—
After paragraph 13 insert—
After paragraph 13A insert—
After paragraph 13B insert—
In section 35 of the 1998 Act (interim measures), in subsection (2)(a), for “serious, irreparable damage” substitute “ significant damage ”.
Part 1 of the 1998 Act (competition) is amended as follows.
In section 36 (penalties), after subsection (7) insert—
In section 38 (guidance on level of penalties), in subsection (8), before “must have regard” insert “ and the Tribunal ”.
After section 31E of the 1998 Act insert—
The Secretary of State must—
review the operation of Part 1 of the 1998 Act, and
prepare and publish a report on the outcome of the review.
The report must be published before the end of the period of 5 years beginning with the day on which Part 1 of Schedule 5 (which transfers the functions of the Office of Fair Trading under Part 1 of the 1998 Act to the Competition and Markets Authority) comes into force.
The Secretary of State must lay the report before Parliament.
Section 188 of the 2002 Act (cartel offence) is amended as follows.
In subsection (1), omit “dishonestly”.
Omit subsection (6).
After subsection (7) insert—
After that section insert—
After section 188A (as inserted by subsection (5) above) insert—
After section 190 of the 2002 Act insert—
The amendments made by subsections (1) to (6) apply only in relation to agreements falling within section 188(1) of the 2002 Act which—
are made after the commencement of this section, and
relate to arrangements made or to be made after that commencement.
Section 194 of the 2002 Act (power to enter premises under a warrant) is amended as follows.
In subsection (1), for the words from the beginning to “if he is satisfied” substitute “ On an application made to it by the CMA or, in Scotland, the procurator fiscal, the appropriate body may issue a warrant if it is satisfied ”.
After subsection (1) insert—
After subsection (4) insert—
In Schedule 4 to that Act, before paragraph 11, but after the cross-heading immediately preceding it, insert—
In section 14 of that Act (constitution of Tribunal for particular proceedings and its decisions), in subsection (5), for “paragraph 18” substitute “ paragraphs 10A(1)(a) and 18 ”.
In Schedule 8 to the 2002 Act (provision that may be contained in certain enforcement orders made under Part 3 or 4 of that Act), after paragraph 20B insert—
Schedule 8 to the 2002 Act (provision that may be contained in certain enforcement orders made under Part 3 or 4 of that Act) is amended as follows.
Omit paragraph 15 (publication etc. of price information).
Paragraph 17 (publication etc. of other information) is amended as follows.
In sub-paragraph (1)—
in the words before paragraph (a), after “publish” insert “ or otherwise notify ”, and
after paragraph (c) insert—
After sub-paragraph (1) insert—
In paragraph 18 (supplementary provision about orders under paragraphs 15 and 17), omit “15 or”.
Section 54 of the 1998 Act (concurrent powers for regulators) is amended as follows.
In subsection (6)—
after “may” insert— , and
after “Secretary of State” insert “ , the CMA ”.
After subsection (6) insert—
After subsection (6A) insert—
Schedule 14 (which makes provision governing the relationship between the powers of regulators under the 1998 Act and those under sector-specific legislation) has effect.
The Secretary of State may make a sectoral regulator order if the Secretary of State considers that it is appropriate to do so for the purpose of promoting competition, within any market or markets in the United Kingdom, for the benefit of consumers.
A sectoral regulator order is an order that amends one or more enactments so as to remove from a sectoral regulator either or both of the following—
all the functions of the regulator under Part 1 of the 1998 Act that are exercisable concurrently by the regulator and the Competition and Markets Authority (“the CMA”) or that would be so exercisable but for provision made by virtue of section 54(5)(e) of that Act;
all the functions of the regulator under Part 4 of the 2002 Act that are exercisable concurrently by the regulator and the CMA.
A sectoral regulator order may make such other amendments of any enactment as the Secretary of State considers appropriate in consequence of the removal of the functions.
Each of the following is a sectoral regulator—
the Office of Communications;
the Gas and Electricity Markets Authority;
the Water Services Regulation Authority;
the Office of Rail and Road ;
the Northern Ireland Authority for Utility Regulation;
the Civil Aviation Authority.
the Payment Systems Regulator established under section 40 of the Financial Services (Banking Reform) Act 2013.
the Financial Conduct Authority.
A sectoral regulator order may include transitional, transitory or saving provision.
A statutory instrument containing a sectoral regulator order is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
In this section—
a Measure or Act of the National Assembly for Wales, and
The Electricity Act 1989 is amended as follows.
The Enterprise Act 2002 is amended as follows.
In section 43 of the Electricity Act 1989 (functions with respect to competition), in subsections (3), (3A) and (6)(b), after “38(1) to (6)” (in each place where it occurs) insert “, 40B(1) to (4)”.
The Communications Act 2003 is amended as follows.
The Competition Act 1998 is amended as follows.
The National Minimum Wage Act 1998 is amended as follows.
The Equality Act 2010 is amended as follows.
In Schedule 4 (Competition Appeal Tribunal: procedure), in Part 2 (Tribunal rules), in paragraph 22(2), for “OFT” substitute “CMA”.
Section 25 (orders for securing compliance) is amended as follows. In subsections (1), (2) and (4), for “(5) and” (in each place where it occurs) substitute “(4A) to”. After subsection (4) insert— In subsection (5), omit paragraph (d) and the “or” preceding it. In subsection (6)—
Section 25 (extension of time-limits) is amended as follows. In subsection (2), for the words from “has failed” to the end of the subsection substitute “has failed (with or without a reasonable excuse) to comply with any requirement of a notice under section 109”. For subsection (3) substitute—
Section 192 (appeals against decisions by OFCOM etc) is amended as follows. In subsection (1), after paragraph (d) insert— In subsection (6)(b), after “the Secretary of State” insert “, by the CMA”.
In section 26 (powers when conducting investigations), in subsection (3)(b), for “42 to” substitute “43 and”.
In section 11 (failure of employer to allow access to records), after subsection (4) insert—
In section 123 (time limits: proceedings under section 120), in subsection (1), for “section 140A” substitute “ sections 140A and 140B ”.
In section 27A (penalties), for subsection (2) substitute—
In section 38 (guidance on level of penalties), in subsection (9), for “an appeal tribunal” substitute “the Tribunal”.
Omit section 31 (information powers in relation to completed mergers).
In section 193 (reference of price control matters), in subsection (10), after “this section” insert “and section 193A”.
After section 11 insert—
In section 129 (time limits: proceedings under section 127)—
in subsection (3), for “section 140A” substitute “ sections 140A and 140B ”;
in subsection (4), after “the period mentioned in the second column” insert “ , subject to section 140B ”.
In section 43 (functions with respect to competition), in subsection (6), for the words from the beginning to “(3) above” substitute “If any question arises as to whether subsection (2) or (3) above applies to any particular case”.
In section 54 (regulators), in subsection (1)—
omit paragraph (c), and
for paragraph (f) substitute—.
Section 32 (supplementary provision for purposes of sections 25 and 31) is amended as follows. Omit subsections (1) to (3). In subsection (4), omit “or subsection (3)(a) above”. In the heading, for “sections 25 and 31” substitute “section 25”.
In section 195 (decisions of the Tribunal), in subsection (9), for “or the Secretary of State” (in each place it occurs) substitute “, the Secretary of State or the CMA”.
In section 24 (enforcement of right under section 23), in subsection (2)(a), for “sections 48(2) to (4)” substitute “ sections 48(2) to (4A) ”.
After section 140A (extension of time limits because of mediation in certain cross-border disputes) insert—
Schedule 1 (exclusions: mergers and concentrations) is amended as follows. In paragraph 5—
Section 34A (duty where case referred by European Commission) is amended as follows. For subsection (5) substitute— For subsection (6) substitute— Omit subsection (7).
In section 371 (functions under the Competition Act 1998), in subsections (2) and (3)(a), after “38(1) to (6)” (in each place where it occurs) insert “, 40B(1) to (4)”.
Omit section 34B (power to request information in referred cases).
Section 42 (intervention by Secretary of State in certain public interest cases) is amended as follows. In subsection (1), in paragraph (d)(i)— In subsection (5), for “to 32” substitute “to 30”. In subsection (6), in the words before paragraph (a), for “to 32” substitute “to 30”. In that subsection, in paragraph (b), for “sections 25(1) to (3), (6) and (8) and 31” substitute “section 25(1) to (3), (6) and (8)”. In that subsection, in paragraph (h)— In that subsection, in paragraph (i), after “existing time-limits” insert “by virtue of section 24 (as so applied)”. In that subsection, omit paragraph (j). In that subsection, in paragraph (k), for “to 32” substitute “to 30”. In that subsection, omit paragraph (l) and the word “and” immediately preceding it.
In section 46 (references under section 45: supplementary), in subsection (1)(a), omit “or 96(3)”.
Section 46B (extension of preliminary assessment period) is amended as follows. For subsection (1) substitute— Omit subsection (2). For subsection (3) substitute— Omit subsection (4).
Omit section 46C (power to request information in referred cases).
Section 49 (variation of references under section 45) is amended as follows. In subsection (2), omit “1,”. In subsection (3), omit “1,”. In subsection (4) — In subsection (5)—
Section 59 (intervention by Secretary of State in special public interest cases) is amended as follows. In subsection (5), for “to 32” substitute “to 30”. In subsection (6), in the words before paragraph (a), for “to 32” substitute “to 30”. In that subsection, in paragraph (c), for “sections 25(1) to (3), (6) and (8) and 31” substitute “section 25(1) to (3), (6) and (8)”. In that subsection, in paragraph (g), omit “, and the power to request information under section 31(1) as so applied,”. In that subsection, omit paragraph (h). In that subsection, in paragraph (i), for “to 32” substitute “to 30”. In that subsection, omit paragraph (j) and the word “and” immediately preceding it.
Section 64 (cancellation and variation of references under section 62) is amended as follows. In subsection (3), omit “1,”. In subsection (4)— In subsection (5)—
Section 67 (intervention to protect legitimate interests) is amended as follows. In subsection (7), for “to 32” substitute “to 30”. In subsection (8), in the words before paragraph (a), for “to 32” substitute “to 30”. In that subsection, in paragraph (d), for “sections 25, 31 and 32” substitute “section 25”.
In section 68 (scheme for protecting legitimate interests), in subsection (4)(a), for “to 32” substitute “to 30”.
In section 77 (restrictions on certain share dealings: completed mergers), in subsection (1)(b), omit “71 or”.
In section 78 (restrictions on certain share dealings: anticipated mergers), in subsection (1)(b), for “section 81” substitute “section 72 or 81”.
In section 89 (subject matter of undertakings), in subsection (2)—
omit “71,”, and
omit “1,”.
Section 93 (further role of OFT in relation to undertakings and orders) is amended as follows. In subsection (1), in paragraph (b), omit “1,”. In subsection (2), omit “1,”. In subsection (4), omit “1,”.
In section 94 (rights to enforce undertakings and orders), in subsection (8), omit “1,”.
Section 99 (functions in relation to merger notices) is amended as follows. Omit subsections (2) to (4). In subsection (5), in paragraph (c), for the words from “or any” to “as required” substitute “or the person who gave the merger notice has failed (with or without a reasonable excuse) to comply with any requirement of a notice under section 109 in relation to the case concerned”.
Section 107 (further publicity requirements) is amended as follows. In subsection (1), for paragraph (a) substitute—. In that subsection, after paragraph (aa) insert—. In that subsection, omit paragraph (d). In that subsection, after paragraph (e) insert—. In that subsection, in paragraph (f), for “such an undertaking or order” substitute “an order mentioned in paragraph (e)”. At the end of that subsection insert ; and In subsection (2), after paragraph (e) insert—. In subsection (3), omit paragraphs (h) and (i).
In section 130 (index of defined expressions), omit the entry for “Undertakings under paragraph 1 of Schedule 7”.
Schedule 7 (enforcement regime for public interest and special public interest cases) is amended as follows. In paragraph 7, in sub-paragraph (1), for paragraph (b) substitute— In paragraph 8, in sub-paragraph (1), for paragraph (b) substitute—
The Health and Social Care Act 2012.
The references to the CMA in subsection (2) are to be read, in relation to any time before the commencement of section 25(3), as references to the Office of Fair Trading.
If the Secretary of State proposes to make a sectoral regulator order, the Secretary of State must carry out the first stage consultation.
The first stage consultation is consultation with—
the regulator whose functions would be removed by the order,
the Competition and Markets Authority,
where the regulator is the Office of Rail and Road , the Scottish Ministers,
where the regulator is the Northern Ireland Authority for Utility Regulation, the Department of Enterprise, Trade and Investment in Northern Ireland and the Department for Regional Development in Northern Ireland, and
where the regulator is the Water Services Regulation Authority, the Welsh Ministers.
If (following the first stage consultation) the Secretary of State still proposes to make a sectoral regulator order, the Secretary of State must carry out the second stage consultation.
The second stage consultation is consultation with—
the persons consulted at the first stage,
any bodies who appear to the Secretary of State to represent the interests of persons in respect of whom the functions that would be removed by the order are exercisable (“regulated providers”),
any bodies who appear to the Secretary of State to represent the interests of persons who use the services supplied by regulated providers, and
such other persons as the Secretary of State considers appropriate.
The Secretary of State must give the following information to each of the persons consulted as part of the first stage or second stage consultation—
an explanation as to whether the Secretary of State is proposing to remove the functions of the regulator mentioned in subsection (2)(a) of section 52, the functions of the regulator mentioned in subsection (2)(b) of that section or both sets of functions;
the reasons why the Secretary of State considers it appropriate to make the order.
The reference to the Competition and Markets Authority in subsection (2) is to be read, in relation to any time before the commencement of section 25(3), as a reference to the Office of Fair Trading.
In this section, “sectoral regulator order” has the same meaning as in section 52.
After section 193 of the Communications Act 2003 (reference of price control matters) insert—
In section 241 of the 2002 Act (disclosure of information for the purpose of exercise of statutory functions), after subsection (2) insert—
The Secretary of State must, before the end of each review period—
carry out a review of the provisions of this Part mentioned in subsection (2), and
prepare and publish a report setting out the conclusions of the review.
The provisions of this Part are—
sections 29 and 36 and Schedule 11 (investigation powers: mergers and markets),
section 30 and Schedule 7 (interim measures and pre-emptive action: mergers), and
sections 32 and 38 and Schedules 8 and 12 (time-limits etc: mergers and markets).
The report must in particular—
set out the objectives intended to be achieved by the provisions,
assess the extent to which those objectives have been achieved, and
assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in another way which imposed less regulation.
The Secretary of State must lay the report before Parliament.
Each of the following is a review period for the purposes of this section—
the period of 5 years beginning with the first day on which any of the provisions mentioned in subsection (2) comes into force (whether wholly or partly), and
each successive period of 5 years.
Schedule 15 (which makes minor and consequential amendments related to this Part) has effect.
In this Part—
“the 1998 Act” means the Competition Act 1998;
“primary legislation” means—
A member of the CMA panel may at any time resign from a CMA group by giving written notice to this effect to the chair.
At the invitation of the group chair of a CMA group, any reporting panel member who is not a member of the group may attend its meetings or otherwise take part in its proceedings. But a person attending in response to such an invitation may not— Nothing in sub-paragraph (1) is to be taken to prevent a CMA group from consulting any member of the CMA panel with respect to any matter or question with which the group is concerned.
In making decisions that they are required or permitted to make by virtue of any enactment, CMA groups must act independently of the CMA Board. Nothing in sub-paragraph (1) prevents—
Sub-paragraph (2) applies if the chair considers that— The chair may remove the person in question from membership of the group.
A person ceases to be a member of a CMA group on ceasing to be a member of the CMA panel.
Northern Ireland legislation.
The Interpretation Act 1978 is amended as follows.
After section 14 (implied power to amend) insert—
In paragraph 1 of Schedule 2, after the entry for section 11 insert— “ Section 14A ”.
The Planning (Listed Buildings and Conservation Areas) Act 1990 is amended as follows.
In Chapter 2 of Part 1, after section 26 insert—
After section 26B insert—
After section 28 insert—
Schedule 16 (which inserts Schedule 2A to the Planning (Listed Buildings and Conservation Areas) Act 1990) has effect.
In the Planning (Listed Buildings and Conservation Areas) Act 1990 after section 26G insert—
Section 1 of the Osborne Estate Act 1902 is amended as follows.
In subsection (3) (land to be managed in accordance with Crown Lands Act 1851) omit “as if it had been committed to their management under section twenty-two of the Crown Lands Act, 1851”.
Omit subsection (4)(b) (part of house and grounds to be used for the benefit of officers and their families).
Omit the following provisions (which relate to land no longer forming part of the Osborne estate)—
in subsection (3) the words from “and the part” to “Barton House and grounds)”;
in subsection (4) the words from “And the Commissioners” to the end.
The Osborne Estate Act 1914 (which gives power to extend the classes of persons who may benefit under section 1(4)(b) of the Osborne Estate Act 1902) is repealed.
Schedule 17 (heritage planning regulation) has effect.
In the Equality Act 2006 omit—
sections 10(1) and (4) to (8) and 19 (groups);
section 27 (conciliation).
In section 12(4)(b) of that Act (monitoring progress: reports every three years) for “three” substitute “ five ”.
The following subsections make further amendments to the Equality Act 2006.
In section 7(3) (Scotland: human rights) omit “or 10”.
In section 9(4) and (5) (human rights) omit “or 10”.
In section 12 (monitoring progress)—
in subsection (1)(a) for “the aim specified in section 3” substitute “ the duties specified in sections 8 and 9 ”;
in subsection (1)(b) for “the development of the society described in section 3” substitute “ changes in society that are consistent with those duties ”.
In section 13(1) (information, advice etc) for “to 10” substitute “ and 9 ”.
In section 16(1) (inquiries) for “, 9 and 10” substitute “ and 9 ”.
In section 17(1) (grants) for “to 10” substitute “ and 9 ”.
In section 39(4) (orders and regulations) for “10(6), 15(6) or 27(10)” substitute “ 15(6) ”.
In Schedule 1 (the Commission)—
in paragraph 39 omit “or 27”;
omit paragraph 52(1)(a)(v) and (vi) and (b);
for paragraph 52(3)(b) substitute—;
in paragraph 52(3)(c) omit “, 27(2) and (3)”.
The following subsections amend the Equality Act 2010 in consequence of subsection (1).
In section 118 (time limits)—
in subsection (2) omit “or (4)”;
omit subsection (4).
In Schedule 17 (disabled pupils: enforcement) omit—
paragraph 4(2) (time limits where dispute referred to conciliation under section 27 of the Equality Act 2006);
in paragraph 4(2A), “or for conciliation in pursuance of arrangements under section 27 of the Equality Act 2006”.
In section 40 of the Equality Act 2010 (employees and applicants: harassment) omit subsections (2) to (4).
In the Equality Act 2010, omit section 138 (obtaining information, etc).
That does not affect section 138 for the purposes of proceedings that relate to a contravention occurring before this section comes into force.
Section 22 of the Regulatory Enforcement and Sanctions Act 2008 (scope of Part 2) is amended in accordance with subsections (2) to (5).
Before subsection (1), insert—
In subsection (1), for the words from “This Part” to “a person” substituteA person is within this subsection if— .
After subsection (1) insert—
For subsection (2) substitute—
In section 24 of that Act, after subsection (6) insert—
In section 26(2) of that Act (nomination of primary authorities), for “The Secretary of State” substitute “ Where the Secretary of State has been satisfied that the regulated person is within section 22(1), the Secretary of State ”.
Section 30 of the Regulatory Enforcement and Sanctions Act 2008 (inspection plans) is amended as follows.
After subsection (3) insert—
In subsection (7)—
for the words from the beginning to “exercising” substitute “ Where the primary authority exercises ”;
after “regulated person” insert “ , it ”.
After subsection (7) insert—
Omit subsection (8).
In subsection (9) for “(8)” substitute “ (7A)(a) ”.
After subsection (9) insert—
In subsection (10), for “(9)” substitute “ (9B) ”.
After subsection (10) insert—
Section 47 of the Health and Safety at Work etc. Act 1974 (civil liability) is amended as set out in subsections (2) to (7).
In subsection (1), omit paragraph (b) (including the “or” at the end of that paragraph).
For subsection (2) substitute—
In subsection (3), omit the words from “, whether brought by virtue of subsection (2)” to the end.
In subsection (4)—
for “and (2)” substitute “ , (2) and (2A) ”, and
for “(3)” substitute “ (2B)(a) ”.
Omit subsections (5) and (6).
After subsection (6) insert—
Where, on the commencement of this section, there is in force an Order in Council made under section 84(3) of the Health and Safety at Work etc. Act 1974 that applies to matters outside Great Britain any of the provisions of that Act that are amended by this section, that Order is to be taken as applying those provisions as so amended.
The amendments made by this section do not apply in relation to breach of a duty which it would be within the legislative competence of the Scottish Parliament to impose by an Act of that Parliament.
The amendments made by this section do not apply in relation to breach of a duty where that breach occurs before the commencement of this section.
In section 1 of the Estate Agents Act 1979 (estate agency work), for subsection (4) substitute—
In Part 14 of the Insolvency Act 1986 (public administration (England and Wales)), before section 399 and the cross-heading which precedes it insert—
In Part 9 of that Act (bankruptcy), before Chapter 1 insert the Chapter set out in Schedule 18 (adjudicators: bankruptcy applications by debtors and bankruptcy orders).
Schedule 19 (adjudicators: minor and consequential amendments) has effect.
The Agricultural Wages Board for England and Wales is abolished.
Every agricultural wages committee for an area in England is abolished.
Every agricultural dwelling-house advisory committee for an area in England is abolished.
Schedule 20 (abolition of Agricultural Wages Board and related English bodies: consequential provision) has effect.
Schedule 21 (unnecessary regulation: miscellaneous) has effect.
The Copyright, Designs and Patents Act 1988 is amended as follows.
Omit section 52 (effect of exploitation of design derived from artistic work).
In consequence omit the following—
section 79(4)(g);
in Schedule 1 paragraph 20.
Paragraph 1(1)(d) of Schedule 2 to the European Communities Act 1972 (limitation on criminal penalties) does not apply for the purposes of provision under section 2(2) of that Act amending—
Chapter 3 of Part 1 of the Copyright, Designs and Patents Act 1988 (acts permitted in relation to copyright works), or
Schedule 2 to that Act (rights in performances: permitted acts).
Section 170 of the Copyright, Designs and Patents Act 1988 (transitional provisions and savings) is amended as follows.
At the beginning insert “ (1) ”.
At the end insert—
The Copyright, Designs and Patents Act 1988 is amended as follows.
In section 116 (licensing schemes and licensing bodies) after subsection (4) insert—
After section 116 insert—
Schedule 22 (which inserts Schedule A1 to the Copyright, Designs and Patents Act 1988 and makes provision in relation to performers' rights corresponding to provision made by this section in relation to copyright) has effect.
Paragraph 1(1)(d) of Schedule 2 to the European Communities Act 1972 (limitation on criminal penalties) does not apply for the purposes of provision under section 2(2) of that Act implementing Directive 2011/77/EU amending Directive 2006/116/EC on the term of protection of copyright and certain related rights.
In section 421 of the Companies Act 2006 (contents of directors' remuneration report) after subsection (2) insert—
After section 422 of that Act (approval and signing of directors' remuneration report) insert—
In section 439 of that Act (quoted companies: members' approval of directors' remuneration report), in subsection (1), at the end insert “other than the part containing the directors' remuneration policy (as to which see section 439A).”
After that section insert—
After section 226 of the Companies Act 2006 insert—
— in Chapter 4A of Part 10 section 226A(1)
The Companies Act 2006 is amended as follows.
In section 180 (consent, approval or authorisation by members)—
in subsection (2), in the words before paragraph (a)—
after “Chapter 4” insert “ or 4A ”, and
for “that Chapter” substitute “ either of those Chapters ”,
in that subsection, in paragraph (a), for “that Chapter” substitute “ the Chapter concerned ”, and
in subsection (3), after “Chapter 4” insert “ or 4A ”.
In section 190 (substantial property transactions: requirement of members' approval), in subsection (6)(b), for the words in brackets substitute “ (payments to which the requirements of Chapter 4 or 4A apply) ”.
In section 215 (payments for loss of office), after subsection (4) insert—
Section 430 (quoted companies: annual accounts and reports to be made available on website) is amended as follows.
After subsection (2) insert—
In subsection (3) —
for “the annual accounts and reports on the website” substitute “ the material made available on the website under subsections (1) to (2B) ”, and
for “the annual accounts and reports from” substitute “ such material from ”.
After subsection (4) insert—
In subsection (5)—
in the words before paragraph (a), for the words from “the annual accounts and reports” to “that period” substitute “ material available on a website throughout the period mentioned in subsection (4) or (as the case may be) (4A) ”, and
in paragraph (a) for “the annual accounts and reports are” substitute “ the material is ”.
In section 440 (quoted companies: offences in connection with procedure for approval)—
in subsection (1) —
after “section 439(1)” insert “ or 439A(1) or (2) ”, and
in the words in brackets, after “report” insert “ or policy ”,
in subsection (2), for “the accounts meeting” substitute “ the meeting to which it relates ”, and
in subsection (5), omit the definition of “the accounts meeting”.
directors' remuneration policy (in Chapter 4A of Part 10) section 226A(1) payment for loss of office (in Chapter 4A of Part 10) section 226A(1) remuneration payment (in Chapter 4A of Part 10) section 226A(1)
In that Schedule, after “quoted company”, insert—
In relation to a company that is a quoted company immediately before the day on which section 79 of this Act comes into force, section 439A(1)(a) of the Companies Act 2006 (as inserted by section 79(4) of this Act) applies as if—
the reference to the day on which the company becomes a quoted company were a reference to the day on which section 79 of this Act comes into force, and
at the end of the paragraph (but before the “, and”) there were inserted “or at an earlier general meeting”.
In relation to a company that is a quoted company immediately before the day on which section 79 of this Act comes into force, section 226D(6)(a) of the Companies Act 2006 (as inserted by section 80 of this Act) applies as if the reference to the day on which the company becomes a quoted company were a reference to the day on which section 79 of this Act comes into force.
Chapter 4A of Part 10 of the Companies Act 2006 does not apply in relation to remuneration payments or payments for loss of office that are required to be made under an agreement entered into before 27 June 2012 or in consequence of any other obligation arising before that date.
An agreement entered into, or any other obligation arising, before 27 June 2012 that is modified or renewed on or after that date is to be treated for the purposes of subsection (3) as having been entered into or (as the case may be) as having arisen on the date on which it was modified or renewed.
The amendment made by section 81(4) does not apply in relation to a payment for loss of office to which subsection (3) of this section applies.
The Secretary of State may by order require persons who engage in lettings agency work to be members of a redress scheme for dealing with complaints in connection with that work which is either—
a redress scheme approved by the Secretary of State, or
a government administered redress scheme.
A “redress scheme” is a scheme which provides for complaints against members of the scheme to be investigated and determined by an independent person.
A “government administered redress scheme” means a redress scheme which is—
administered by or on behalf of the Secretary of State, and
designated for the purposes of the order by the Secretary of State.
The order may provide for the duty mentioned in subsection (1) to apply—
only to specified descriptions of persons who engage in lettings agency work;
only in relation to specified descriptions of such work.
The order may also provide for the duty not to apply in relation to complaints of any specified description (which may be framed by reference to a description of person making a complaint).
Before making the order, the Secretary of State must be satisfied that all persons who are to be subject to the duty will be eligible to join a redress scheme before the duty applies to them.
In this section, “lettings agency work” means things done by any person in the course of a business in response to instructions received from—
a person seeking to find another person wishing to rent a dwelling-house in England under a domestic tenancy and, having found such a person, to grant such a tenancy (“a prospective landlord”);
a person seeking to find a dwelling-house in England to rent under a domestic tenancy and, having found such a dwelling-house, to obtain such a tenancy of it (“a prospective tenant”).
However, “lettings agency work” does not include any of the following things when done by a person who does no other things falling within subsection (7)—
publishing advertisements or disseminating information;
providing a means by which—
a prospective landlord or a prospective tenant can, in response to an advertisement or dissemination of information, make direct contact with a prospective tenant or (as the case may be) prospective landlord;
a prospective landlord and a prospective tenant can continue to communicate directly with each other.
“Lettings agency work” also does not include —
things done by a local authority;
things of a description, or things done by a person of a description, specified for the purposes of this section in an order made by the Secretary of State.
In subsection (7), “domestic tenancy” means—
a tenancy which is an assured tenancy for the purposes of the Housing Act 1988 except where—
the landlord is a private registered provider of social housing (as to which see section 80 of the Housing and Regeneration Act 2008), or
the tenancy is a long lease within the meaning given by section 84(10);
a tenancy under which a dwelling-house is let as a separate dwelling and which is of a description specified for the purposes of this section in an order made by the Secretary of State.
An order under subsection (10)(b) may not provide for any of the following to be a domestic tenancy—
a tenancy where the landlord is a registered provider of social housing (as to which see section 80 of the Housing and Regeneration Act 2008);
a long lease within the meaning given by section 84(10).
The Secretary of State may by order require persons who engage in property management work to be members of a redress scheme for dealing with complaints in connection with that work which is either—
a redress scheme approved by the Secretary of State, or
a government administered redress scheme.
“Redress scheme” and “government administered redress scheme” have the same meanings as in section 83.
The order may provide for the duty mentioned in subsection (1) to apply—
only to specified descriptions of persons who engage in property management work;
only in relation to specified descriptions of such work.
The order may also provide for the duty not to apply in relation to complaints of any specified description (which may be framed by reference to a description of person making a complaint).
Before making the order, the Secretary of State must be satisfied that all persons who are to be subject to the duty will be eligible to join a redress scheme before the duty applies to them.
In this section, “property management work” means things done by any person (“A”) in the course of a business in response to instructions received from another person (“C”) where—
C wishes A to arrange services, repairs, maintenance, improvements or insurance or to deal with any other aspect of the management of premises in England on C's behalf, and
the premises consist of or include a dwelling-house let under a relevant tenancy.
However, “property management work” does not include—
things done by a person who is a social landlord for the purposes of Schedule 2 to the Housing Act 1996;
things of a description, or things done by a person of a description, specified for the purposes of this section in an order made by the Secretary of State.
In subsection (6), “relevant tenancy” means—
a tenancy which is an assured tenancy for the purposes of the Housing Act 1988;
a tenancy which is a regulated tenancy for the purposes of the Rent Act 1977;
a long lease other than one to which Part 2 of the Landlord and Tenant Act 1954 applies;
a tenancy of a description specified for the purposes of this section in an order made by the Secretary of State.
An order under subsection (8)(d) may not provide for a tenancy to which Part 2 of the Landlord and Tenant Act 1954 applies to be a relevant tenancy.
In subsection (8)(c), “long lease” means a lease which is a long lease for the purposes of Chapter 1 of Part 1 of the Leasehold Reform, Housing and Urban Development Act 1993 or which, in the case of a shared ownership lease (within the meaning given by section 7(7) of that Act), would be such a lease if the tenant's total share (within the meaning given by that section) were 100 per cent.
An order under section 83(1) or 84(1) may make provision —
for sanctions to be imposed in respect of a breach of a requirement imposed by the order;
for the investigation of suspected breaches of such a requirement.
The sanctions for which provision may be made in the order are—
the imposition of civil penalties;
the making of orders prohibiting a person from engaging in lettings agency work or (as the case may be) property management work or from engaging in a particular description of such work;
the creation of criminal offences in respect of breaches of orders mentioned in paragraph (b).
Provision made for the imposition of a sanction by virtue of subsection (1)(a) must include—
provision for appeals to a court or tribunal against the imposition of the sanction, and
such other provision as the Secretary of State considers appropriate for safeguarding the interests of persons on whom the sanction may be imposed.
Provision made by virtue of this section may confer functions on a person that exercises functions of a public nature.
A person on whom functions are conferred under subsection (4) must have regard to any guidance issued by the Secretary of State or the lead enforcement authority (if not the Secretary of State) relating to the enforcement of an order under section 83(1) or 84(1).
The Secretary of State may make payments out of money provided by Parliament to a person on whom functions are conferred by virtue of this section.
For provisions about enforcement of an order under section 83(1) or 84(1) by the lead enforcement authority, see sections 24 to 26 of the Tenant Fees Act 2019.
In this section “lead enforcement authority” has the meaning given by section 24(1) of the Tenant Fees Act 2019.
This section applies for the purposes of sections 83 to 85.
References to persons who engage in lettings agency work or property management work do not include references to persons who engage in that work in the course of their employment under a contract of employment.
A “dwelling-house” may be a house or part of a house.
“Local authority” means—
a county or district council;
a London borough council;
the Common Council of the City of London in its capacity as a local authority;
the Council of the Isles of Scilly.
The Secretary of State may by order make provision about the approval of redress schemes for the purposes of section 83 or 84, including provision as to—
the making of applications for approval;
conditions which must be satisfied before approval may be given;
conditions which must be complied with by administrators of approved redress schemes;
the withdrawal of approval.
The order may make provision about the conditions which must be satisfied before a scheme administered by or on behalf of the Secretary of State may be designated for the purposes of section 83 or 84.
The power to make an order under section 83, 84 or 87 includes power to make incidental, supplementary, consequential, transitional or saving provision, including doing so by amending any provision made by or under an Act.
An order under any of those sections must be made by statutory instrument.
A statutory instrument containing (whether alone or with other provision)— may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
an order under section 83 or 84 which includes—
provision by virtue of section 85, or
provision by virtue of subsection (1) of this section that amends an Act, or
an order under section 87,
A statutory instrument containing an order under section 83 or 84, other than one to which subsection (3) applies, is subject to annulment in pursuance of a resolution of either House of Parliament.
Nothing in sections 83 to 87 prevents a redress scheme from providing—
for membership to be open to persons who are not subject to the duty to be a member of a scheme;
for the investigation and determination of any complaints in relation to which the duty does not apply, where the members concerned have voluntarily accepted the jurisdiction of the scheme over those complaints;
for the exclusion from investigation and determination under the scheme of any complaint in such cases or circumstances as may be specified in or determined under the scheme.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Secretary of State may by regulations require a regulated person to provide customer data—
to a customer, at the customer’s request;
to a person who is authorised by a customer to receive the data, at the customer’s request or, if the regulations so provide, at the authorised person’s request.
“Regulated person” means—
a person who, in the course of a business, supplies gas or electricity to any premises;
a person who, in the course of a business, provides a mobile phone service;
a person who, in the course of a business, provides financial services consisting of the provision of current account or credit card facilities;
any other person who, in the course of a business, supplies or provides goods or services of a description specified in the regulations.
“Customer data” means information which—
is held in electronic form by or on behalf of the regulated person, and
relates to transactions between the regulated person and the customer.
Regulations under subsection (1) may make provision as to the form in which customer data is to be provided and when it is to be provided (and any such provision may differ depending on the form in which a request for the data is made).
Regulations under subsection (1)—
may authorise the making of charges by a regulated person for complying with requests for customer data, and
if they do so, must provide that the amount of any such charge—
is to be determined by the regulated person, but
may not exceed the cost to that person of complying with the request.
Regulations under subsection (1)(b) may provide that the requirement applies only if the authorised person satisfies any conditions specified in the regulations.
In deciding whether to specify a description of goods or services for the purposes of subsection (2)(d), the Secretary of State must (among other things) have regard to the following—
the typical duration of the period during which transactions between suppliers or providers of the goods or services and their customers take place;
the typical volume and frequency of the transactions;
the typical significance for customers of the costs incurred by them through the transactions;
the effect that specifying the goods or services might have on the ability of customers to make an informed choice about which supplier or provider of the goods or services, or which particular goods or services, to use;
the effect that specifying the goods or services might have on competition between suppliers or providers of the goods or services.
The power to make regulations under this section may be exercised—
so as to make provision generally, only in relation to particular descriptions of regulated persons, customers or customer data or only in relation to England, Wales, Scotland or Northern Ireland;
so as to make different provision for different descriptions of regulated persons, customers or customer data;
so as to make different provision in relation to England, Wales, Scotland and Northern Ireland;
so as to provide for exceptions or exemptions from any requirement imposed by the regulations, including doing so by reference to the costs to the regulated person of complying with the requirement (whether generally or in particular cases).
For the purposes of this section, a person (“C”) is a customer of another person (“R”) if—
C has at any time, including a time before the commencement of this section, purchased (whether for the use of C or another person) goods or services supplied or provided by R or received such goods or services free of charge, and
the purchase or receipt occurred—
otherwise than in the course of a business, or
in the course of a business of a description specified in the regulations.
In this section, “mobile phone service” means an electronic communications service which is provided wholly or mainly so as to be available to members of the public for the purpose of communicating with others, or accessing data, by mobile phone.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Regulations may make provision for the enforcement of regulations under section 89 (“customer data regulations”) by the Information Commissioner or any other person specified in the regulations (and, in this section, “enforcer” means a person on whom functions of enforcement are conferred by the regulations).
The provision that may be made under subsection (1) includes provision—
for applications for orders requiring compliance with the customer data regulations to be made by an enforcer to a court or tribunal;
for notices requiring compliance with the customer data regulations to be issued by an enforcer and for the enforcement of such notices (including provision for their enforcement as if they were orders of a court or tribunal).
The provision that may be made under subsection (1) also includes provision—
as to the powers of an enforcer for the purposes of investigating whether there has been, or is likely to be, a breach of the customer data regulations or of orders or notices of a kind mentioned in subsection (2)(a) or (b) (which may include powers to require the provision of information and powers of entry, search, inspection and seizure);
for the enforcement of requirements imposed by an enforcer in the exercise of such powers (which may include provision comparable to any provision that is, or could be, included in the regulations for the purposes of enforcing the customer data regulations).
Regulations under subsection (1) may—
require an enforcer (if not the Information Commissioner) to inform the Information Commissioner if the enforcer intends to exercise functions under the regulations in a particular case;
provide for functions under the regulations to be exercisable by more than one enforcer (whether concurrently or jointly);
where such functions are exercisable concurrently by more than one enforcer—
designate one of the enforcers as the lead enforcer;
require the other enforcers to consult the lead enforcer before exercising the functions in a particular case;
authorise the lead enforcer to give directions as to which of the enforcers is to exercise the functions in a particular case.
Regulations may make provision for applications for orders requiring compliance with the customer data regulations to be made to a court or tribunal by a customer who has made a request under those regulations or in respect of whom such a request has been made.
Subsection (8)(a) to (c) of section 89 applies for the purposes of this section as it applies for the purposes of that section.
The Secretary of State may make payments out of money provided by Parliament to an enforcer.
In this section, “customer” and “regulated person” have the same meaning as in section 89.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The power to make regulations under section 89 or 90 includes—
power to make incidental, supplementary, consequential, transitional or saving provision;
power to provide for a person to exercise a discretion in a matter.
Regulations under either of those sections must be made by statutory instrument.
A statutory instrument containing (whether alone or with other provision)— may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
regulations under section 89 which make provision by virtue of section 89(2)(d), or
regulations under section 90,
A statutory instrument which— is subject to annulment in pursuance of a resolution of either House of Parliament.
contains regulations under section 89, and
is not an instrument to which subsection (3) applies,
The Secretary of State may by order amend section 233 of the Insolvency Act 1986 so as to add to the supplies mentioned in subsection (3) of that section any of the following—
a supply of gas, electricity, water or communication services by a specified description of person;
a supply of a specified description of goods or services by a specified description of person where the supply is for the purpose of enabling or facilitating anything to be done by electronic means.
The Secretary of State may by order amend section 372 of that Act of 1986 so as to add to the supplies mentioned in subsection (4) of that section any of the following—
a supply of gas, electricity, water or communication services by a specified description of person;
a supply of a specified description of goods or services by a specified description of person where the supply is for the purpose of enabling or facilitating anything to be done by electronic means.
The power to make an order under this section includes power to make incidental, supplementary, consequential, transitional or saving provision, including doing so by amending any enactment.
An order under this section must be made by statutory instrument.
A statutory instrument containing an order under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
In this section—
After section 174 of the 2002 Act insert—
Sub-paragraph (1) is subject to provision in rules made under section 51 of the Competition Act 1998 by virtue of paragraph 1A of Schedule 9 to that Act in respect of the exercise of a function under Part 1 of that Act.
The 2002 Act is amended as follows.
Section 72 (initial enforcement orders: completed mergers) is amended as follows. Omit subsection (5). In subsection (6)—
Omit sections 185 to 187 (the Competition Commission).
In Schedule 3 (the Competition Service), omit Part 2 (transfers of property etc between the Competition Commission and the Competition Service).
Omit Schedule 11 (the Competition Commission).
Omit Schedule 12 (Competition Commission: certain procedural rules).
A function of the chair that is specified in sub-paragraph (4) may, with the consent of the CMA Board, be exercised on behalf of the chair by— The consent referred to in sub-paragraph (1) must specify the identity of the person by whom a function of the chair is to be exercised. It may be given— The functions are—
The CMA Board must make rules of procedure for merger reference groups, market reference groups, and special reference groups. Those rules are subject to any provision made by or under any enactment in respect of the procedure of a CMA group. Before making rules under this paragraph, the CMA Board must consult such persons as it considers appropriate. The CMA Board must publish rules made under this paragraph in whatever manner it considers appropriate for bringing them to the attention of those likely to be affected by them. Subject to rules made under this paragraph, and to any provision made by or under any enactment, a CMA group of a type referred to in sub-paragraph (1) may determine its own procedure. In this paragraph and paragraph 53—
Section 131 (power to make market investigation references) is amended as follows. In subsection (1), for the words before “has reasonable grounds” substitute “The CMA may, subject to subsection (4), make a reference to its chair for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 if the CMA”. In the heading, for “OFT” substitute “CMA”.
The Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 is amended as follows.
In determining how to proceed in accordance with rules made for it by the CMA Board under paragraph 51(1), and in determining its own procedure under paragraph 51(5), a group must have regard to any guidance issued by the CMA Board. Before issuing guidance for the purposes of this paragraph, or amending or revoking it, the CMA Board must consult such persons as it considers appropriate.
Section 132 (ministerial power to make market investigation references) is amended as follows. In subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “CMA”. In subsection (3), for “Commission” substitute “chair of the CMA for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013”.
In section 26 (consideration of applications made under section 25), in subsection (3), for “Director” substitute “CMA”.
“the 2002 Act” means the Enterprise Act 2002.
In Part 1 of Schedule 1 to the Freedom of Information Act 2000 (definition of public authority: general)—
in paragraph 1 after “other than” insert— ;
after paragraph 1 insert—
The CMA Board may regulate its own proceedings. The CMA Board must consult the Secretary of State before making or revising rules and procedures, under sub-paragraph (1), for dealing with—
Where the chair is, by or under any enactment, required to constitute a group under this Schedule (a “CMA group”), the chair must constitute the group in accordance with this Part of this Schedule.
A person who has been appointed to membership of the CMA panel may be re-appointed to membership of the CMA panel only for the purpose of continuing to act as a member of a group constituted under paragraph 36 before the expiry of his or her term of office. A person who has been appointed to membership of the OIM panel may be re-appointed to membership of the OIM panel only for the purpose of continuing to act as a member of a group constituted under paragraph 58B before the expiry of the person's term of office. Subject to sub-paragraphs (1) and (1A), a person's previous appointment under paragraph 1 does not affect eligibility for a subsequent appointment under that paragraph.
The Secretary of State may at any time remove a person from office as a member of the CMA on any of the following grounds—
incapacity;
misbehaviour;
failure to carry out his or her duties.
The Water Industry Act 1991 is amended as follows.
Section 12 (determinations under conditions of appointment) is amended as follows. In subsection (2)— In subsection (3)— In subsection (3A), for “Commission” (in each place where it occurs) substitute “CMA”. In subsections (3B) and (3C), for “Competition Commission” (in each place where it occurs) substitute “CMA”. After subsection (3C) insert—
Section 14 (modification references) is amended as follows. In subsection (1)— In subsection (2)— In subsection (3), for “Competition Commission” substitute “CMA”. In subsection (5)— In subsection (6), for “Competition Commission” substitute “CMA”. After subsection (6) insert— In the heading, for “Monopolies Commission” substitute “CMA”.
In section 14A (references under section 14: time limits), in subsections (2) and (3), for “Competition Commission” (in each place where it occurs) substitute “CMA”.
Section 15 (reports on modification references) is amended as follows. In subsection (1), for “Competition Commission” substitute “CMA”. In subsection (1A)— In subsections (1B), (3) to (3C) and (4), for “Competition Commission” (in each place where it occurs) substitute “CMA”.
In section 16 (modification following report), in subsections (1) and (4A), for “Competition Commission” (in each place where it occurs) substitute “CMA”.
Section 16A (power of veto following report) is amended as follows. In subsection (1), for the words from the beginning to “the Commission”)” substitute “The CMA”. In subsections (2) to (9), for “Commission” (in each place where it occurs) substitute “CMA”. Omit subsection (10). In the heading, for “Commission’s” substitute “CMA’s”.
Section 16B (power of veto following report: supplementary) is amended as follows. In subsections (2) to (4), (6) and (8), for “Commission” (in each place where it occurs) substitute “CMA”. In the heading, for “Commission’s” substitute “CMA’s”.
In section 17 (modification by order under other enactments), in subsection (1), for “OFT, the Competition Commission” substitute “CMA”.
Section 17K (water supply licences: modification references) is amended as follows. In subsection (1)— In subsections (2) to (4), (6), (7) and (9), for “Commission” (in each place where it occurs) substitute “CMA”. After subsection (9) insert— In the heading, for “Competition Commission” substitute “CMA”.
In section 17L (references under section 17K: time limits), in subsections (2) and (3), for “Commission” (in each place where it occurs) substitute “CMA”.
Section 17N (water supply licences: reports on modification references) is amended as follows. In subsection (1), for “Commission” substitute “CMA”. In subsection (2)— In subsections (3) to (7) and (9), for “Commission” (in each place where it occurs) substitute “CMA”.
In section 17O (water supply licences: modification following report), in subsections (1) and (6), for “Commission” (in each place where it occurs) substitute “CMA”.
Section 17P (water supply licences: power of veto following report) is amended as follows. In subsections (1) to (8) and (10) and (11), for “Commission” (in each place where it occurs) substitute “CMA”. In the heading, for “Commission’s” substitute “CMA’s”.
Section 17Q (section 17P: supplementary) is amended as follows. In subsections (2) to (4), (6) and (8), for “Commission” (in each place where it occurs) substitute “CMA”.
In section 17R (water supply licences: modification by order under other enactments), in subsection (1), for “OFT, the Commission” substitute “CMA”.
In section 219 (general interpretation), in subsection (1)—
after the definition of “the Authority” insert—
omit the definition of “the OFT”.
Rules made under paragraph 51 may— They may in particular make provision— Rules making provision as described in sub-paragraph (2)(a) or (2)(b) may, in particular, permit or require a relevant group to disregard documents or information given after a particular date. Rules making provision as described in sub-paragraph (2)(c) may in particular make provision for the notification or publication of, and for consultation about, provisional findings of a relevant group. Rules made under paragraph 51 may make provision as to the quorum of relevant groups. They may make provision— Rules made under paragraph 51 may make provision for— Rules made under paragraph 51 for market reference groups may make provision as to the involvement of any public interest expert in the market investigation in connection with the reference under section 140A of the Enterprise Act 2002 in relation to which the expert was appointed. For the purposes of this paragraph—
In section 133 (contents of references), in subsection (2), for “Commission” substitute “group constituted by the chair of the CMA in respect of the reference”.
In section 31 (rules of conduct), in subsection (2), for “Director” (in each place where it occurs) substitute “CMA”.
Before section 134 (but after the italic cross-heading immediately preceding it) insert—
Section 40 (advisory and supervisory functions of Director) is amended as follows. In subsections (1) and (2), for “Director” (in each place where it occurs) substitute “CMA”. In subsection (3)— In subsection (4), for “The Director may publish any advice given by him” substitute “The CMA may publish any advice given”. In subsection (5)— In the heading, for “Director” substitute “CMA”.
Section 134 (questions to be decided on market investigation references) is amended as follows. In subsections (1), (4), (6) and (7), for “Commission” (in each place where it occurs) substitute “CMA”. In subsection (8)(b), for “Commission, the Secretary of State or (as the case may be) the OFT” substitute “CMA or (as the case may be) the Secretary of State”.
Section 41 (investigatory powers of Director) is amended as follows. In subsection (1)— In the heading, for “Director” substitute “CMA”.
Section 135 (variation of references) is amended as follows. In subsection (1), for “OFT” substitute “CMA”. In subsection (2)— In subsection (3), for “Commission” substitute “CMA”.
In section 41A (enforcement of notices under section 41), in subsections (1) and (2), for “Office of Fair Trading” (in each place where it occurs) substitute “CMA”.
Section 136 (investigations and reports on market investigation references) is amended as follows. In subsections (1) to (3), for “Commission” (in each place where it occurs) substitute “CMA”. For subsection (4) substitute— In subsection (5)— Omit subsection (6).
In section 44 (interpretation of Part 2)—
after the definition of “advocate” insert—, and
omit the definition of “the OFT”.
In section 137 (time-limits for market investigations and reports), in subsections (1), (5) and (6), for “Commission” (in each place where it occurs) substitute “CMA”.
In section 138 (duty to remedy adverse effects), in subsections (1) to (6), for “Commission” (in each place where it occurs) substitute “CMA”.
In section 139 (public interest intervention by the Secretary of State), in subsection (2), for “OFT” (in each place where it occurs) substitute “CMA”.
In section 140 (intervention notices under section 139(1)), in subsection (5), for “Commission” (in each place where it occurs) substitute “CMA”.
In section 141 (questions to be decided), in subsections (2) and (3) to (6), for “Commission” (in each place where it occurs) substitute “CMA”.
Section 142 (investigations and reports) is amended as follows. In subsections (2) and (3), for “Commission” (in each place where it occurs) substitute “CMA”. In the heading, for “Commission” substitute “CMA”.
In section 143 (publication etc. of reports), in subsections (1), (3) and (4), for “Commission” (in each place where it occurs) substitute “CMA”.
In section 144 (time-limits for investigations and reports in public interest cases), in subsections (1), (4) and (5), for “Commission” (in each place where it occurs) substitute “CMA”.
In section 145 (restrictions where public interest considerations not finalised), in subsections (1) to (5), for “Commission” (in each place where it occurs) substitute “CMA”.
In section 146 (decision of Secretary of State), in subsections (2) to (4), for “Commission” (in each place where it occurs) substitute “CMA”.
In section 147 (remedial action by Secretary of State), in subsections (3) and (4), for “Commission” (in each place where it occurs) substitute “CMA”.
Section 148 (reversion of the matter) is amended as follows. In subsections (1), (2), (6), (7) and (9), for “Commission” (in each place where it occurs) substitute “CMA”. In subsection (10), for “Commission’s” substitute “CMA’s”.
In section 149 (intervention notices under section 139(2)), in subsections (1) and (5), for “OFT” (in each place where it occurs) substitute “CMA”.
Section 150 (power of veto of Secretary of State) is amended as follows. In subsections (1) and (3), for “OFT” (in each place where it occurs) substitute “CMA”. In subsection (4), for “OFT’s” substitute “CMA’s”.
Section 151 (further interaction of intervention notices with general procedure) is amended as follows. In subsection (3), for “Commission” (in each place where it occurs) substitute “CMA”. In subsection (4), for “Commission” (in the first place where it occurs) substitute “CMA”. In subsection (5), for “Commission” (in each place where it occurs) substitute “CMA”.
Section 152 (certain duties in relation to providing information) is amended as follows. In subsection (1), for “OFT” substitute “CMA”. In subsection (3)— In the heading, for “OFT and Commission” substitute “CMA”.
In section 153 (specified considerations for purposes of Part 4), in subsection (4)—
for “OFT” substitute “CMA”,
for “by the Secretary of State,” substitute “by the Secretary of State or”, and
omit “or by the Commission”.
In section 154 (undertakings in lieu of market investigation references), in subsections (1) to (7), for “OFT” (in each place where it occurs) substitute “CMA”.
In section 155 (undertakings in lieu: procedural requirements), in subsections (1) to (4) and (6) to (9), for “OFT” (in each place where it occurs) substitute “CMA”.
In section 156 (effect of undertakings under section 154), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “CMA”.
In section 159 (final undertakings: Part 4), in subsections (1), (5) and (6) for “Commission” (in each place where it occurs) substitute “CMA”.
Section 160 (order-making power where final undertakings not fulfilled: Part 4) is amended as follows. In subsection (1)(b), for “the relevant authority or the OFT” substitute “a relevant person”. After subsection (1) insert— In subsection (6), for the words from the beginning to “OFT” substitute “The Secretary of State shall not vary or revoke an order made by him under this section unless the CMA”. In subsection (7), in paragraph (a), for “Commission” (in each place where it occurs) substitute “CMA”.
Section 161 (final orders: Part 4) is amended as follows. In subsection (1), for “Commission” substitute “CMA”. In subsection (5), for the words from the beginning to “OFT” substitute “The Secretary of State shall not vary or revoke an order made by him under this section unless the CMA”.
For the italic cross-heading before section 162 substitute “Undertakings and orders: monitoring, consultation and advice”.
Section 162 (duty to monitor undertakings and orders: Part 4) is amended as follows. In subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “CMA”. In subsection (3)— In subsection (4)— In subsections (5) and (6), for “OFT” (in each place where it occurs) substitute “CMA”. In subsection (7)— In the heading, for “OFT” substitute “CMA”.
Section 163 (further role in relation to undertakings and orders: Part 4) is amended as follows. In subsection (1)— In subsection (2)— In subsection (3)— In subsection (4)— In subsection (5)— In subsection (6)— For the heading substitute “Role of CMA in relation to undertakings and orders in public interest cases: Part 4”.
Section 166 (register of undertakings and orders: Part 4) is amended as follows. In subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “CMA”. In subsection (3)— In subsection (4), for “OFT” substitute “CMA”. In subsection (5)— In subsections (6) and (7), for “OFT” (in each place where it occurs) substitute “CMA”.
Section 167 (rights to enforce undertakings and orders under this Part) is amended as follows. In subsection (6), for “OFT” substitute “CMA”. In subsection (7)— Omit subsection (8). In subsection (9), for “(6) to (8)” substitute “(6) and (7)”.
In section 168 (regulated markets), in subsections (1), (2), (6) and (7), for “Commission” (in each place where it occurs) substitute “CMA”.
In section 169 (certain duties of relevant authorities to consult: Part 4), in subsection (6)—
in the definition of “relevant authority”, for “OFT, the appropriate Minister or the Commission” substitute “CMA, the appropriate Minister”,
in the definition of “relevant decision”, in paragraph (a), in the opening words, for “OFT” (in each place where it occurs) substitute “CMA”,
also in that paragraph of that definition, after sub-paragraph (ii) insert ; or—, and
also in that definition, omit paragraph (c) and the word “and” preceding it.
Section 170 (general information duties) is amended as follows. Omit subsections (1) and (2). In subsection (3)— In subsection (4), for “OFT” (in each place where it occurs) substitute “CMA”. In subsection (5), omit the words from the beginning to “and the Secretary of State” and insert “The Secretary of State”.
Section 171 (advice and information: Part 4) is amended as follows. In subsection (1)— In subsection (2), for “OFT” substitute “CMA”. Omit subsections (3) and (4). In subsection (5)(b), for “OFT or (as the case may be) the Commission” substitute “CMA”. In subsection (6)— In subsection (7)— In subsection (8)— In subsection (9), for “OFT shall consult the Commission and such other persons” substitute “CMA shall consult such persons”. Omit subsection (10).
Section 172 (further publicity requirements: Part 4) is amended as follows. In subsection (1), for “OFT” substitute “CMA”. In subsection (2), for “Commission shall” substitute “CMA shall also”. In subsection (10), for “Commission’s” substitute “CMA’s”.
In section 173 (defamation)—
for “OFT” substitute “CMA”,
for “by the Secretary of State,” substitute “by the Secretary of State or”, and
omit “or by the Commission”.
In section 174 (investigatory powers), in subsections (3) to (5), for “OFT” (in each place where it occurs) substitute “CMA”.
In section 177 (excisions from reports: Part 4), in subsections (1), (4) and (5), for “Commission” (in each place where it occurs) substitute “CMA”.
Section 178 (minority reports: Part 4) is amended as follows. In subsection (1)— In the heading, for “Commission” substitute “CMA”.
In section 179 (review of decisions under Part 4), in subsection (1)—
for “OFT” substitute “CMA”, and
for “, the Secretary of State or the Commission” substitute “or the Secretary of State”.
In section 183 (interpretation of Part 4), in subsection (3), for “Commission” (in each place where it occurs) substitute “CMA”.
Section 184 (index of defined expressions: Part 4) is amended as follows. The CMA Section 273 Omit the entries in the table for “The Commission” and “The OFT”. In the first column of the entry in the table for “Reports of the Commission”, for “Commission” substitute “CMA”.
“enactment” includes—
The Secretary of State may by order make provision for insolvency-related terms of a contract for the supply of essential goods or services to a company to cease to have effect where—
the company enters administration or a voluntary arrangement under Part 1 of the Insolvency Act 1986 takes effect in relation to it, and
any conditions specified in the order are met.
The order must include provision for securing that, where an insolvency-related term of a contract ceases to have effect under the order, the contract may be terminated by the supplier if—
an insolvency office-holder consents to the termination,
a court grants permission for the termination, or
any charges in respect of the supply that are incurred after the company enters administration or the voluntary arrangement takes effect are not paid within the period of 28 days beginning with the day on which payment is due.
The order must include provision for securing that, where an insolvency-related term of a contract ceases to have effect under the order, the supplier may terminate the supply unless an insolvency office-holder personally guarantees the payment of any charges in respect of the continuation of the supply.
The order may provide for exceptions to the right of a supplier to terminate a supply under provision made by virtue of subsection (3).
The order must (in addition to the provision mentioned in subsections (2) and (3)) include such other provision as the Secretary of State considers appropriate for securing that the interests of suppliers are protected.
A contract for the supply of essential goods or services is a contract for a supply mentioned in section 233(3) of the Insolvency Act 1986.
An insolvency-related term of a contract for the supply of essential goods or services to a company is a provision of the contract under which—
the contract or the supply would terminate, or any other thing would take place, because the company enters administration or the voluntary arrangement takes effect,
the supplier would be entitled to terminate the contract or the supply, or to do any other thing, because the company enters administration or the voluntary arrangement takes effect, or
the supplier would be entitled to terminate the contract or the supply because of an event that occurred before the company enters administration or the voluntary arrangement takes effect.
In this section, “insolvency office-holder” means—
in a case where a company enters administration, the administrator;
in the case where a voluntary arrangement under Part 1 of the Insolvency Act 1986 takes effect in relation to a company, the supervisor of the voluntary arrangement.
The Secretary of State may by order make provision for insolvency-related terms of a contract for the supply of essential goods or services to an individual to cease to have effect where—
a voluntary arrangement proposed by the individual is approved under Part 8 of the Insolvency Act 1986, and
any conditions specified in the order are met.
The order must include a condition that ensures that an insolvency-related term of a contract for the supply of essential goods or services to an individual does not cease to have effect unless the supply is for the purpose of a business that is or has been carried on by the individual or with which the individual has or had another connection of a kind specified in the order.
The order must include provision for securing that, where an insolvency-related term of a contract ceases to have effect under the order, the contract may be terminated by the supplier if—
the supervisor of the voluntary arrangement consents to the termination,
a court grants permission for the termination, or
any charges in respect of the supply that are incurred after the voluntary arrangement proposed by the individual is approved are not paid within the period of 28 days beginning with the day on which payment is due.
The order must include provision for securing that, where an insolvency-related term of a contract ceases to have effect under the order, the supplier may terminate the supply unless the supervisor of the voluntary arrangement personally guarantees the payment of any charges in respect of the continuation of the supply.
The order may provide for exceptions to the right of a supplier to terminate a supply under provision made by virtue of subsection (4).
The order must (in addition to the provision mentioned in subsections (3) and (4)) include such other provision as the Secretary of State considers appropriate for securing that the interests of suppliers are protected.
A contract for the supply of essential goods or services is a contract for a supply mentioned in section 372(4) of the Insolvency Act 1986.
An insolvency-related term of a contract for the supply of essential goods or services to an individual is a provision of the contract under which—
the contract or the supply would terminate, or any other thing would take place, because the voluntary arrangement proposed by the individual is approved,
the supplier would be entitled to terminate the contract or the supply, or to do any other thing, because the voluntary arrangement proposed by the individual is approved, or
the supplier would be entitled to terminate the contract or the supply because of an event that occurred before the voluntary arrangement proposed by the individual is approved.
The power to make an order under section 93 or 94 includes—
power to make different provision for different cases;
power to provide for a person to exercise a discretion in a matter;
power to make incidental, supplementary, consequential, transitional or saving provision;
power to make any provision that may be made by the order by amending the Insolvency Act 1986 or any other enactment.
An order under either of those sections may not be made so as to have effect in relation to contracts entered into before the order come into force.
An order under either of those sections must be made by statutory instrument.
A statutory instrument containing an order under either of those sections may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
In this section, “enactment” has the same meaning as in section 92.
Where a body is established by Royal Charter after 1 March 2013 with functions relating to the carrying on of an industry, no recommendation may be made to Her Majesty in Council to amend the body's Charter or dissolve the body unless any requirements included in the Charter on the date it is granted for Parliament to approve the amendment or dissolution have been met.
Section 9(5) of the Equality Act 2010 is amended in accordance with subsections (2) to (4).
Omit “may by order”.
In paragraph (a) (power to provide for caste to be an aspect of race) at the beginning insert “ must by order ”.
In paragraph (b) (power to provide for exceptions to apply or not to apply to caste) at the beginning insert “ may by order ”.
A Minister of the Crown—
may carry out a review of the effect of section 9(5) of the Equality Act 2010 (and orders made under it) and whether it remains appropriate, and
must publish a report on the outcome of any such review.
The power under subsection (5)(a) may not be exercised before the end of the period of 5 years beginning with the day on which this Act is passed (but may be exercised on more than one occasion after that).
If a Minister of the Crown considers it appropriate in the light of the outcome of a review under subsection (5), the Minister may by order repeal or otherwise amend section 9(5) of the Equality Act 2010.
The power to make an order under subsection (7) includes power to make incidental, supplementary, consequential, transitional or saving provision, including doing so by amending an Act or subordinate legislation (within the meaning of the Interpretation Act 1978).
An order under subsection (7) must be made by statutory instrument.
A statutory instrument containing an order under subsection (7) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
The Equality Act 2010 is amended as follows.
After section 139 insert—
In section 207(6) (exercise of power to make subordinate legislation: power to amend enactments) after “37,” and after “in the case of section” insert “ 139A, ”.
In section 208(5) (subordinate legislation by Ministers of the Crown etc: affirmative procedure) after paragraph (e) insert—.
The Secretary of State may by order made by statutory instrument make such provision as the Secretary of State considers appropriate in consequence of this Act.
The power conferred by subsection (1) includes power—
to make transitional, transitory or saving provision;
to amend, repeal, revoke or otherwise modify any provision made by or under an enactment (including any enactment passed or made in the same Session as this Act).
An order under subsection (1) which makes provision for the transfer of a function from the Competition Commission or the Office of Fair Trading to the Competition and Markets Authority in consequence of Part 3 of this Act may make such modifications to the function as the Secretary of State considers appropriate in consequence of the transfer.
The modifications mentioned in subsection (3) may, in particular, alter the circumstances in which, or the conditions under which, the function is exercisable.
A statutory instrument containing (whether alone or with other provision) an order under this section which amends, repeals or revokes any provision of primary legislation is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
A statutory instrument containing an order under this section which does not amend, repeal or revoke any provision of primary legislation is subject to annulment in pursuance of a resolution of either House of Parliament.
In this section—
In section 201 of the Employment Rights Act 1996 (power to extend employment legislation to offshore employment), after subsection (3) insert—
The CMA is to consist of— The Secretary of State must consult the chair before making an appointment under sub-paragraph (1)(b). In making appointments under paragraphs (iv) and (v) of sub-paragraph (1)(b), the Secretary of State must have regard to the desirability of securing that— Before making an appointment under paragraph (iv) or (v) of sub-paragraph (1)(b), the Secretary of State must seek the consent of— Sub-paragraph (2D) applies if consent to an appointment is not given by any of those authorities within the period of one month beginning with the day on which it is sought from that authority. In that event the Secretary of State— At least five of the members appointed under sub-paragraph (1)(b) must be appointed to membership of the CMA Board. At least one of the members appointed under sub-paragraph (1)(b) must be appointed to membership of the CMA Board and to membership of the CMA panel. Of the persons appointed to membership of the CMA Board under sub-paragraph (1)(b), no more than half may be members of staff of the CMA. In this Schedule, references to members of the CMA are to persons appointed under sub-paragraph (1). A person holding office as a member of the Competition Appeal Tribunal is ineligible for appointment under this paragraph.
As soon as practicable after the end of each financial year, the CMA must prepare and send to the Secretary of State an annual report on its activities and performance during the year. The report must include— The CMA must—
In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) at the appropriate place insert— “ The Competition and Markets Authority. ”
If the duration of the period beginning with the commencement date and ending with the next 31 March is six months or more, the first financial year of the CMA is that period. But if the duration of that period is less than six months, the first financial year of the CMA is the period beginning with the commencement date, and ending with the 31 March in the year following the next 31 March after the commencement date. The subsequent financial years of the CMA are each successive period of 12 months.
The CMA may—
prepare other reports about matters relating to any of its functions;
publish a report prepared under this paragraph.
In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified), at the appropriate place insert— “ The Competition and Markets Authority. ”
“primary legislation” means—
In section 138 of the 2002 Act (duty to remedy adverse effects), in subsection (2), after “shall,” insert “within the period permitted by section 138A,”.
The Communications Act 2003 is amended as follows.
The Water and Sewerage Services (Northern Ireland) Order 2006 is amended as follows.
The Water Industry Act 1991 is amended as follows.
The Civil Aviation Act 2012 is amended as follows.
The Electricity Act 1989 is amended as follows.
The Communications Act 2003 is amended as follows.
After section 138 of that Act insert—
In section 94 (notification of contravention of SMP apparatus conditions), for subsection (10) substitute—
Article 31 (exceptions to duty to enforce) is amended as follows. In paragraph (1), omit sub-paragraph (d) and the “or” preceding it. Before making an enforcement order or confirming a provisional enforcement order under Article 30, the Authority shall consider whether it would be more appropriate to proceed under the Competition Act 1998. The Authority shall not make an enforcement order or confirm a provisional enforcement order under that Article if it considers that it would be more appropriate to proceed under the Competition Act 1998. In paragraph (3)—
Section 19 (exception to duty to enforce) is amended as follows. For subsection (1A) substitute— In subsection (3)—
Section 24 (appeals: conditions of new licences) is amended as follows. In subsections (1), (3) and (5), for “Competition Commission” (in each place where it occurs) substitute “Competition and Markets Authority”. In the heading, for “Competition Commission” substitute “Competition and Markets Authority”.
Section 11C (appeals) is amended as follows. In subsection (1), for “Competition Commission (“the Commission”)” substitute “CMA”. In subsections (3) and (4), for “Commission” (in each place where it occurs) substitute “CMA”. In the heading, for “Competition Commission” substitute “CMA”.
Section 193 (reference of price control matters) is amended as follows. In subsection (1), for “Competition Commission” substitute “CMA”. In subsection (2)— In subsection (3)— In subsection (4), for “Competition Commission” substitute “CMA”. In subsection (6)— In subsections (7) and (8), for “Competition Commission” (in each place where it occurs) substitute “CMA”. In the heading, for “Competition Commission” substitute “CMA”.
In section 22A (penalties), for subsection (13) substitute—
In section 96A (notification of contravention of condition other than SMP apparatus condition), for subsection (5) substitute—
Before imposing a penalty under this Article the Authority shall consider whether it would be more appropriate to proceed under the Competition Act 1998. The Authority shall not impose a penalty under this Article if it considers that it would be more appropriate to proceed under the Competition Act 1998.
Section 25 (appeals: modification of licence conditions) is amended as follows. In subsections (1), (3), (5) and (7), for “Competition Commission” (in each place where it occurs) substitute “Competition and Markets Authority”. In the heading, for “Competition Commission” substitute “Competition and Markets Authority”.
Section 11D (procedure on appeal) is amended as follows. Omit subsection (1). In subsection (2), omit “Instead,”. After subsection (2) insert— In the heading, for “Commission” substitute “CMA”.
Section 194 (composition of Competition Commission for price control references) is omitted.
In section 197 (interpretation of Chapter 3), before the definition of “network access” insert—
In section 26 (when appeals may be allowed), for “Competition Commission” substitute “Competition and Markets Authority”.
Section 11E (determination of appeal) is amended as follows. In subsections (2) to (5), for “Commission” (in each place where it occurs) substitute “CMA”. In the heading, for “Commission” substitute “CMA”.
Section 27 (determination of appeal) is amended as follows. In subsection (1) for “Competition Commission” substitute “Competition and Markets Authority”. In subsection (2)— In subsection (4)— In subsection (5), for “Competition Commission” substitute “Competition and Markets Authority”.
Section 11F (powers on allowing appeal) is amended as follows. In subsection (1), for “Commission” substitute “CMA”. In subsection (2)— In subsection (3), for “Commission” (in each place where it occurs) substitute “CMA”. In subsection (7), for “Commission’s” substitute “CMA’s”. In the heading, for “Commission’s” substitute “CMA’s”.
Section 28 (determination of appeal: time limits) is amended as follows. In subsections (1), (3) and (4), for “Competition Commission” (in each place where it occurs) substitute “Competition and Markets Authority”. In subsection (5)— In subsections (6) to (8), for “Competition Commission” (in each place where it occurs) substitute “Competition and Markets Authority”.
Section 11G (time limits for determination of appeal) is amended as follows. In subsection (1), for “Commission” substitute “CMA”. In subsections (3) to (5) and (7), for “Commission” (in each place where it occurs) substitute “CMA”. In the heading, for “Commission” substitute “CMA”.
Section 29 (determination of appeal: publication etc) is amended as follows. In subsection (1)— In subsections (3) and (4), for “Competition Commission” (in each place where it occurs) substitute “Competition and Markets Authority”. In subsection (5)—
Section 11H (supplementary provision about determination of appeal) is amended as follows. In subsection (1), for “Commission” (in each place where it occurs) substitute “CMA”. In subsection (2)— In subsection (3), for “Commission” substitute “CMA”. In the heading, for “Commission” substitute “CMA”.
Section 30 (procedure on appeals) is amended as follows. In subsection (2), for “Competition Commission” substitute “Competition and Markets Authority”. For subsection (4) substitute—
In section 15 (modification by order under other enactments), in subsection (1) for “Office of Fair Trading, the Competition Commission” substitute “CMA”.
Schedule 2 (appeals under sections 24 and 25) is amended as follows. In paragraph 2— In paragraph 3, in sub-paragraph (1), for “Competition Commission” substitute “Competition and Markets Authority”. In paragraph 4— In paragraph 5— In paragraph 6, in sub-paragraph (3), for “Competition Commission” substitute “Competition and Markets Authority”. In paragraph 7, in sub-paragraph (3), for “Competition Commission” substitute “Competition and Markets Authority”. In paragraph 8, in sub-paragraph (3), for “Competition Commission” substitute “Competition and Markets Authority”. In paragraph 9, in sub-paragraph (1), for “Competition Commission” substitute “Competition and Markets Authority”. In paragraph 10, in sub-paragraph (3), for “Competition Commission’s decision” substitute “decision of the Competition and Markets Authority”. In paragraph 11— In paragraph 12, in sub-paragraph (1), for “Competition Commission” substitute “Competition and Markets Authority”. In paragraph 13, in sub-paragraph (3), for “Competition Commission’s decision” substitute “decision of the Competition and Markets Authority”. In paragraph 14— In paragraph 15— In paragraph 16— In paragraph 17— Omit paragraph 18. In paragraph 19, in sub-paragraph (1), for “Competition Commission” substitute “Competition and Markets Authority”. In paragraph 20— In paragraph 21, in sub-paragraph (1), for “Competition Commission” substitute “Competition and Markets Authority”. In paragraph 22— In paragraph 23, in sub-paragraph (1), for “Competition Commission” substitute “Competition and Markets Authority”. In paragraph 24— In paragraph 25— In paragraph 26— In paragraph 27, for “Competition Commission” substitute “Competition and Markets Authority”. In paragraph 28, in sub-paragraph (2), for “A member of the Competition Commission” substitute “An authorised member of the Competition and Markets Authority”. In paragraph 30— In paragraph 31, in sub-paragraphs (1), (5) and (6), for “Competition Commission” (in each place where it occurs) substitute “CMA Board”. In paragraph 32— In paragraph 34— In paragraph 35, in sub-paragraph (1)—
Section 56B (application for order including new activities) is amended as follows. In subsection (3), for the words from “shall” to the end, substitute “shall, before making the application, make a reference under section 56C to the CMA”. In subsections (4) and (5), for “Commission” (in each place where it occurs) substitute “CMA”. After subsection (6), insert—
Section 56C (references) is amended as follows. In subsection (1)— In subsections (2), (3), (5) and (6), for “Commission” (in each place where it occurs) substitute “CMA”. In the heading, for “Competition Commission” substitute “CMA”.
In section 56CA (references under section 56C: time limits), in subsections (2) and (3), for “Competition Commission” (in each place where it occurs) substitute “CMA”.
In section 56CB (references under section 56C: application of Enterprise Act 2002), in subsection (4)—
for “Competition Commission” substitute “CMA”, and
for the words from “the words” to the end, substitute —
Section 56D (reports on references) is amended as follows. In subsection (1), for “Competition Commission” substitute “CMA”. In subsections (2) and (3), for “Commission” (in each place where it occurs) substitute “CMA”. In subsection (3A)— In subsections (3B) to (4C), for “Competition Commission” (in each place where it occurs) substitute “CMA”. In subsection (5), for “Commission” substitute “CMA”.
In section 64 (interpretation etc of Part 1), in subsection (1), after the definition of “authorised supplier” insert—.
Schedule 5A (procedure for appeals under section 11C) is amended as follows. In paragraph 1— In paragraph 2— In paragraph 3, in sub-paragraphs (1) and (3), for “Commission” (in each place where it occurs) substitute “CMA”. In paragraph 4— In paragraph 5, in sub-paragraph (1)— In paragraph 6— In paragraph 7— In paragraph 8— In paragraph 9, for “Commission” substitute “CMA”. In paragraph 10, in sub-paragraph (1), for “a member of the Commission” substitute “an authorised member of the CMA”. In paragraph 11, in sub-paragraphs (1), (3) and (4), for “Commission” (in each place where it occurs) substitute “CMA Board”. In paragraph 12, in sub-paragraphs (1) and (2), for “Commission” (in each place where it occurs) substitute “CMA”. In paragraph 13, in sub-paragraph (1)—
The Secretary of State may by order made by statutory instrument make such transitional, transitory or saving provision as the Secretary of State considers appropriate in connection with the coming into force of any provision of this Act.
There is to be paid out of money provided by Parliament—
any expenditure incurred under or by virtue of this Act by the Secretary of State or the Competition and Markets Authority, and
any increase attributable to this Act in the sums payable under any other Act out of money so provided.
Part 1 extends to England and Wales, Scotland and Northern Ireland.
Part 2 extends only to England and Wales and Scotland, except that the following provisions of that Part extend also to Northern Ireland—
section 23(3);
paragraph 11 of Schedule 1;
paragraphs 36 to 39 of Schedule 2.
Part 3 extends to England and Wales, Scotland and Northern Ireland, except as follows—
paragraphs 15 to 44, 69 to 84 and 101 to 107 of Schedule 6 extend only to England and Wales and Scotland;
paragraphs 52 to 68, 96, 108 to 123 and 127 to 139 of that Schedule extend only to England and Wales;
paragraphs 9 to 14, 45 to 51, 171 to 180 and 192 to 209 of that Schedule extend only to Scotland;
paragraphs 149 to 170 and 181 to 191 of that Schedule extend only to Northern Ireland.
Part 4 extends to England and Wales, Scotland and Northern Ireland, except as follows—
paragraphs 1 to 7 and 11 to 14 of Schedule 14 and paragraphs 2, 3, 7, 13 and 41 of Schedule 15, extend only to England and Wales and Scotland;
paragraphs 8 to 10 and 20 to 22 of Schedule 14, and paragraphs 4 to 6 and 47 to 49 of Schedule 15, extend only to England and Wales;
paragraphs 23 to 29 of Schedule 14, and paragraphs 53 to 55 of Schedule 15, extend only to Northern Ireland.
Part 5 extends as follows—
sections 59, 62, 67, 68 and 70 and Part 1 of Schedule 21 extend to England and Wales, Scotland and Northern Ireland,
section 69 extends only to England and Wales and Scotland except that it also extends to Northern Ireland so far as Parts 1 and 4 of the Health and Safety at Work etc. Act 1974 extend there,
sections 64, 65 and 66 and paragraphs 1, 56 to 58, 60 and 66 of Schedule 19 (and section 71(3) so far as it relates to those paragraphs) extend only to England and Wales and Scotland,
sections 60, 61, 63, 71(1) and (2) and 72(1) to (3), Schedules 16, 17 and 18, paragraphs 2 to 55, 59, 61 to 65 of Schedule 19 (and section 71(3) so far as it relates to those paragraphs) and Parts 2 and 3 of Schedule 21 extend only to England and Wales, and
an amendment, repeal or revocation made by Schedule 20 has the same extent as the provision amended, repealed or revoked, subject to subsection (6).
The repeals of the following provisions in Schedule 20 extend to England and Wales only—
section 67 of the Agriculture Act 1967,
paragraph 32 of Schedule 2 to the Social Security (Consequential Provisions) Act 1975,
paragraph 10 of Schedule 4 to the Social Security Pensions Act 1975,
paragraph 12 of Schedule 17 to the Employment Protection Act 1975, and
paragraph 4 of Schedule 2 to the Social Security (Consequential Provisions) Act 1992.
If a provision repealed by Part 1 of Schedule 21 extends to the Isle of Man or any of the Channel Islands, Her Majesty may by Order in Council extend the repeal there.
This Part extends to England and Wales, Scotland and Northern Ireland except that—
sections 92, 93, 95, 97 and 98 extend only to England and Wales and Scotland;
sections 83 to 88, 94 and 96 extend only to England and Wales.
The following provisions come into force on the day on which this Act is passed—
section 10;
section 24;
section 28;
sections 52 and 53;
section 59;
sections 75 to 78 and Schedule 22;
sections 92 to 96;
sections 98 to 104;
any other provision so far as is necessary for enabling the exercise on or after the day on which this Act is passed of any power (arising under or by virtue of that provision) to make provision by regulations, rules or order made by statutory instrument.
The following provisions (so far as not already in force by virtue of subsection (1)(i)) come into force at the end of the period of 2 months beginning with the day on which this Act is passed—
Part 1;
sections 12, 13, 15, 17, 18, 20, 21 and 22;
section 62;
section 64;
section 97;
paragraphs 7 and 8 of Schedule 17 (and section 63 so far as it relates to them);
Parts 1 and 2 of Schedule 21 (and section 73 so far as it relates to them).
Except as provided by subsections (1) and (2), the provisions of this Act come into force on such day as the Secretary of State may by order made by statutory instrument appoint.
An order under subsection (3) may appoint different days for different purposes.
This Act may be cited as the Enterprise and Regulatory Reform Act 2013.
Section 7(2)
an Act of Parliament,
Section 5 of the Employment Act 2008 (which amends provisions repealed by paragraph 5(8)) is omitted.
The Employment Tribunals Act 1996 is amended as follows.
Section 144 of the 2002 Act (time-limits for investigations and reports in public interest intervention cases) is amended as follows. In subsection (1), for “two years” substitute “18 months”. After subsection (1A) (inserted by Schedule 10) insert— In subsection (2)— In subsection (3)—
The CMA must pay to its members such remuneration, allowances and expenses as the Secretary of State may determine. The CMA must pay or make provision for the payment of such pension, allowances or gratuities as the Secretary of State may determine to or in respect of a current or former member. If a person ceases to hold an office to which he or she has been appointed under paragraph 1, and the Secretary of State decides that there are special circumstances which mean that the person should be compensated, the CMA must pay compensation to the person of such amount as the Secretary of State may determine.
The CMA is to perform its functions on behalf of the Crown.
In section 190 (cartel offence: prosecution), in subsections (2)(b) and (4), for “OFT” substitute “CMA”.
The Legal Services (Scotland) Act 2010 is amended as follows.
The Utilities Act 2000 is amended as follows.
In section 7 (employment tribunal procedure regulations), in subsection (3ZA)(b), after “form” insert “ (including certificates issued under section 18A(4)) ”.
In section 192 (investigation of cartel offences), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “CMA”.
In section 8 (pre-approval consideration), in subsection (1)(b), for “OFT” substitute “CMA”.
Section 5 (annual and other reports of Authority) is amended as follows. In subsection (1)(b), for “Competition Commission” substitute “Competition and Markets Authority”. Omit subsection (9).
In section 7B (mediation), in subsection (5), for “the Advisory, Conciliation and Arbitration Service” substitute “ ACAS ”.
In section 193 (powers when conducting an investigation), in subsections (1) to (4), for “OFT” (in each place where it occurs) substitute “CMA”.
In section 15 (initial considerations), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “CMA”.
Section 104 (specialist members of the Competition Commission) is omitted.
Section 18 (conciliation) is amended as follows. At the end of the heading insert “ : relevant proceedings etc. ” In subsection (1), for the words before paragraph (a) substitute “ In this section and sections 18A to 18C “relevant proceedings” means employment tribunal proceedings— ”. In subsection (1)(b)— In subsection (1)(dd), for “20(1)(a)” substitute “ 19D(1)(a) ”. Omit subsection (1)(f) and (n). After subsection (1) insert— Omit subsections (2) to (5). In subsections (6) and (7), for “this section” substitute “ any of sections 18A to 18C ”.
In section 194 (power to enter premises under a warrant), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “CMA”.
In section 28 (communicating outside), in subsection (1)(e), for “OFT” substitute “CMA”.
After section 18B (inserted by section 7(1)) insert—
In section 195 (exercise of powers by authorised person), in subsection (1), for “OFT” (in both places where it occurs) substitute “CMA”.
In section 49 (majority ownership), in subsection (5)(b)(iii), for “OFT” substitute “CMA”.
In section 19A (conciliation: recovery of sums payable under compromises), in subsection (1)(a)(i), for “section 18” substitute “ any of sections 18A to 18C ”.
In section 196 (privileged information etc), in subsection (2)(b), for “OFT” substitute “CMA”.
Section 76 (input) is amended as follows. In subsections (1) to (3), for “OFT” (in each place where it occurs) substitute “CMA”. In the heading, for “OFT” substitute “CMA”.
In section 40 (power to amend Act), in subsection (2), omit the words from “and to section 18” to the end.
In section 201 (offences), in subsection (4)(a), for “OFT” substitute “CMA”.
In section 92 (certification of bodies), in subsections (4) and (5), for “OFT” (in each place where it occurs) substitute “CMA”.
In section 42 (interpretation), in subsection (1)—
“ACAS” means the Advisory, Conciliation and Arbitration Service,
in the definition of “conciliation officer” for “the Advisory, Conciliation and Arbitration Service” substitute “ ACAS ”.
In section 103 (certification of bodies), in subsections (4) and (5), for “OFT” (in each place where it occurs) substitute “CMA”.
Section 113 (regard to input) is amended as follows. In subsections (1) to (3), for “OFT” (in each place where it occurs) substitute “CMA”. In the heading, for “OFT” substitute “CMA”.
In section 122 (particular rules), in subsection (2), for “OFT” substitute “CMA”.
In section 125 (citizens advice bodies), in subsection (4)(b), for “OFT” substitute “CMA”.
In section 147 (further modification), in subsection (3)(d), for “OFT” substitute “CMA”.
In section 149 (definitions), in subsection (1)—
In schedule 2 (directions), in paragraph 4, in sub-paragraph (3), for “OFT” (in each place where it occurs) substitute “CMA”.
In schedule 5 (amendment of authorisation), in paragraph 4, in sub-paragraph (2)(b)(i), for “OFT” substitute “CMA”.
In schedule 6 (rescission of authorisation), in paragraph 4, in sub-paragraph (2)(b)(i), for “OFT” substitute “CMA”.
In schedule 7 (surrender of authorisation), in paragraph 3, in sub-paragraph (1)(a)(ii), for “OFT” substitute “CMA”.
In schedule 9 (index of expressions used), in the first table, in the column headed “Whole Act expressions”—
after the reference to “advocate”, insert a reference to “CMA”;
omit the reference to “OFT”.
In section 49 of the National Minimum Wage Act 1998 (restrictions on contracting out), in subsection (2)(a), for “section 18” substitute “ any of sections 18A to 18C ”.
The Gas Act 1986 is amended as follows.
Section 21 of the Transport Act 2000 (exceptions to duties to secure compliance) is amended as follows. In subsection (1), omit paragraph (b) and the “or” preceding it. After subsection (5) insert—
The Health and Social Care Act 2012 is amended as follows.
In section 11 of the Employment Relations Act 1999 (complaint to employment tribunal), after subsection (2) insert—
The members of the CMA are to hold and vacate office in accordance with the terms and conditions of their appointments. Those terms and conditions are to be determined by the Secretary of State.
Section 5 (acquisition of information etc) is amended as follows. In subsections (1), (2) and (3), for “OFT” (in each place where it occurs) substitute “CMA”. In the italic cross-heading preceding the section for “OFT” substitute “the CMA”.
The Energy (Northern Ireland) Order 2003 is amended as follows.
The Transport Act 2000 is amended as follows.
Section 28 (orders for securing compliance) is amended as follows. In subsections (1), (2) and (4), for “(5) and” (in each place where it occurs) substitute “(4A) to”. After subsection (4) insert— In subsection (5), omit paragraph (c) and the “or” preceding it. In subsection (6)—
In section 105 (discretionary requirements), after subsection (3) insert—
In section 6 (provision of information etc to the public), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “CMA”.
Article 6 (annual and other reports of the Authority) is amended as follows. In paragraph (1)(b), for “Competition Commission” substitute “Competition and Markets Authority”. Omit paragraph (10).
Section 12 (references) is amended as follows. In subsection (1)— In subsections (2), (3) and (5) to (8), for “Commission” (in each place where it occurs) substitute “CMA”. After subsection (8) insert— In the heading, for “Competition Commission” substitute “Competition and Markets Authority”.
In section 106 (enforcement undertakings), after subsection (3) insert—
In section 30A (penalties), for subsection (2) substitute—
Section 7 (provision of information and advice to Ministers etc) is amended as follows. In subsection (1), for “OFT” substitute “CMA”. In subsection (2), for “OFT” (in each place where it occurs) substitute “CMA”.
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”.
In section 12A (references under section 12: time limits), in subsections (2) and (3), for “Competition Commission” (in each place where it occurs) substitute “CMA”.
Omit section 8 (promoting good consumer practice).
Schedule 2 (orders altering licensable activities) is amended as follows. In this Schedule, “the CMA” means the Competition and Markets Authority. In paragraph 2— In the italic cross-heading preceding paragraph 3, for “Competition Commission” substitute “CMA”. In paragraph 3— In paragraph 4— In paragraph 5, in sub-paragraph (4)— In paragraph 6—
In section 12B (references under section 12: application of Enterprise Act 2002), in subsection (4)—
for “Competition Commission” substitute “CMA”, and
for the words from “the words” to the end, substitute —
Section 11 (super-complaints) is amended as follows. In subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “CMA”. In subsection (3), for “OFT’s” substitute “CMA’s”. In subsection (7), for “OFT” substitute “CMA”.
Section 13 (reports on references) is amended as follows. In subsection (1), for “Competition Commission” substitute “CMA”. In subsection (1A)— In subsections (1B) to (2C), for “Competition Commission” (in each place where it occurs) substitute “CMA”. In subsection (3), for “Commission” substitute “CMA”.
For the title to Part 1 substitute “General functions of the CMA”.
Section 14 (modification following report) is amended as follows. In subsection (1), for “Competition Commission” substitute “CMA”. In subsection (5), for “Commission” (in each place where it occurs) substitute “CMA”.
Section 15 (power to give direction) is amended as follows. In subsection (1), for “Competition Commission” substitute “CMA”. In subsection (2), for “Commission” substitute “CMA”. In subsection (3)— In subsections (4), (9) and (10), for “Commission” (in each place where it occurs) substitute “CMA”. In the heading, for “Commission’s” substitute “CMA’s”.
Section 16 (position where direction given) is amended as follows. In subsection (1), for “Competition Commission” substitute “CMA”. In subsection (2)— In subsection (3)— In subsections (4) to (6), for “Commission” (in each place where it occurs) substitute “CMA”. In the heading, for “Commission” substitute “CMA”.
Section 17 (duty as to modifications under section 16) is amended as follows. In subsection (1), for “Competition Commission” substitute “CMA”. In subsections (2) and (4) to (6), for “Commission” (in each place where it occurs) substitute “CMA”. In the heading, for “Commission’s” substitute “CMA’s”.
Section 18 (sections 15 and 16: general) is amended as follows. In subsections (2) to (4) and (6), for “Competition Commission” (in each place where it occurs) substitute “CMA”. In subsection (8), for “Commission” (in each place where it occurs) substitute “CMA”. In subsection (9)—
In section 19 (modification by order under other enactments), in subsection (1), for “Office of Fair Trading, the Competition Commission” substitute “CMA”.
Schedule 10 (competition test: functions and agreements relating to buses) is amended as follows. In the italic cross-heading preceding paragraph 5, for “OFT” substitute “CMA”. In paragraph 5— In paragraphs 6, 7, 9, 10 and 12 to 14, for “OFT” (in each place where it occurs) substitute “CMA”. In paragraph 14A, in sub-paragraphs (2) to (6), for “OFT” (in each place where it occurs) substitute “CMA”. In paragraphs 15 and 16, for “OFT” (in each place where it occurs) substitute “CMA”.
Section 8
“enactment” includes an Act of the Scottish Parliament, a Measure or Act of the National Assembly for Wales and Northern Ireland legislation;
In Schedule 1 to the Civil Aviation Act 1982 (constitution etc. of the Authority), in paragraph 15—
the existing text becomes sub-paragraph (1), and
The power in sub-paragraph (1) is subject to provision in rules made under section 51 of the Competition Act 1998 by virtue of paragraph 1A of Schedule 9 to that Act in respect of the exercise of a function under Part 1 of that Act.
The Water Industry Act 1991 is amended as follows.
The Civil Aviation Act 2012 is amended as follows.
Sub-paragraph (1) is subject to provision in rules made under section 51 of the Competition Act 1998 by virtue of paragraph 1A of Schedule 9 to that Act in respect of the exercise of a function under Part 1 of that Act.
The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows.
In section 31 (functions with respect to competition), in subsections (3), (4A) and (8)(b), after “38(1) to (6)” (in each place where it occurs) insert “, 40B(1) to (4)”.
In section 62 (functions under Competition Act 1998), in subsections (2) and (4), after “38(1) to (6)” (in each place where it occurs) insert “, 40B(1) to (4)”.
In section 66 (complaint of infringement of right under section 64), after subsection (2) insert—
In section 63 (Competition Act 1998: supplementary), in subsection (1), after “38(1) to (6)” insert “, 40B(1) to (4)”.
Sub-paragraph (1) is subject to provision in rules made under section 51 of the Competition Act 1998 by virtue of paragraph 1A of Schedule 9 to that Act in respect of the exercise of a function under Part 1 of that Act.
In section 68A (complaint of infringement of right under section 68), after subsection (1) insert—
In section 70C (section 70B: complaint to employment tribunal), after subsection (2) insert—
In section 87 (complaint in respect of employer's failure under section 86), after subsection (2) insert—
In section 139 (time limit for proceedings under sections 137 and 138), after subsection (3) insert—
Section 145C (time limit for proceedings under sections 145A and 145B) is amended as follows. The existing text becomes subsection (1). After that subsection insert—
In section 147 (time limit for proceedings under section 146), after subsection (3) insert—
Section 171 (time limit for proceedings under sections 168, 168A, 169 and 170) is amended as follows. The existing text becomes subsection (1). After that subsection insert—
Section 175 (time limit for proceedings under section 174) is amended as follows. The existing text becomes subsection (1). After that subsection insert—
In section 189 (complaint: contravention of section 188), after subsection (5) insert—
In section 192 (complaint by employee to employment tribunal: contravention of section 190), after subsection (2) insert—
After section 292 insert—
Section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of sub-paragraph (1)(a).
“enactment” includes—
Part 4 of the 2002 Act (market investigations) is amended as follows.
The Employment Rights Act 1996 is amended as follows.
In section 56 of the Pensions Act 2008 (enforcement of right under section 55), in subsection (2), for “sections 48(2) to (4)” substitute “ sections 48(2) to (4A) ”.
The Employment Tribunals Act 1996 is amended as follows.
The CMA Board is to consist of—
the chair;
the members appointed under paragraph 1(1)(b) to membership of the CMA Board.
Subject to any special or general directions given by the Secretary of State, and to any provision made by or under any enactment, a CMA group that is not a group of a type referred to in paragraph 51(1) may determine its own procedure. It may, in particular, determine its quorum, and determine— In determining its procedure under sub-paragraph (1), a CMA group must have regard to any guidance issued by the CMA Board.
The Legal Services Act 2007 is amended as follows.
Omit section 175 (enforcement of powers under section 174: offences).
In section 11 (references to employment tribunals: contravention of section 8), after subsection (5) insert—
Before section 13 insert— “ Costs etc, interest and enforcement ”.
Section 57 (reports) is amended as follows. In subsection (1), for “OFT” (in each place where it occurs) substitute “CMA”. In subsection (2), for “OFT’s” substitute “CMA’s”. In subsections (3) to (6), for “OFT” (in each place where it occurs) substitute “CMA”. In the heading, for “OFT” substitute “CMA”.
Omit section 176 (investigation powers of the Commission).
In section 23 (complaints to employment tribunals: contravention of section 13, 15, 18(1) or 21(1)), in subsection (3A), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.
In section 41 (orders, regulations and rules), in subsection (2) (orders etc subject to affirmative resolution procedure), after “4(4) or (6D)” insert “ , 12A(12) ”. If this paragraph comes into force before section 11, sub-paragraph (1) has effect as if “4(4)” were substituted for “ 4(4) or (6D) ”.
Section 58 (Board’s response to report) is amended as follows. In subsection (1), for “OFT” substitute “CMA”. In subsections (2) and (3), for “OFT’s” (in each place where it occurs) substitute “CMA’s”. In subsection (4), for “OFT” substitute “CMA”. In the heading, for “OFT” substitute “CMA”.
In section 179 (review of decisions under Part 4), in subsection (2)(a), for “section 110(1) or (3) as applied by section 176” substitute “section 174A(1) or (3)”.
In section 34 (complaints to employment tribunals: contravention of section 28), in subsection (2A), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.
Section 59 (referral of report by Lord Chancellor) is amended as follows. In subsections (1) to (3), for “OFT” (in each place where it occurs) substitute “CMA”. 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”. After subsection (4), insert— In the heading, omit “to the Competition Commission”.
Section 181 (orders under Part 4) is amended as follows. In subsection (4), for the words from “or 161,” to “section 176” substitute “, 161, 174D(4) or (5), or under section 114(3)(b) or (4)(b) as applied by section 174D”. In subsection (10)—
In section 48 (complaints to employment tribunals: contravention of Part 5), in subsection (4A), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.
Section 60 (duties of the Competition Commission) is amended as follows. In subsection (1), for the words from “seeks” to “the Commission” substitute “makes a reference under section 59, the CMA”. In subsection (2), for “The Commission must then make its own report” substitute “The CMA must then make a report”. In subsection (3), for “Commission” substitute “CMA”. In subsection (4)— In subsection (5), for “Commission’s” substitute “CMA’s”. In subsection (6)— In subsection (7), for “Commission” substitute “CMA”. In subsection (8)— In subsection (9)— In subsection (10)— In the heading, for “Competition Commission” substitute “CMA”.
In section 51 (complaints to employment tribunals: contravention of section 50), in subsection (2A), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.
Section 61 (Lord Chancellor’s power to give directions) is amended as follows. In subsection (1), for “OFT” substitute “CMA”. In subsection (2), for “Competition Commission” substitute “CMA”.
In section 54 (complaints to employment tribunals: contravention of section 52 or 53), in subsection (2A), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.
In section 66 (Board’s power to recommend orders), in subsection (3)(b), for “OFT” substitute “CMA”.
In section 57 (complaints to employment tribunals: contravention of section 55 or 56), in subsection (2A), for the words from “applies” to the end substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply for the purposes of subsection (2)(a) ”.
In section 67 (effect of Board’s designation as approved regulator), in subsection (3), for “OFT” substitute “CMA”.
In section 57ZC (complaint to employment tribunal: agency workers), after subsection (3) insert—
In section 207 (interpretation), in subsection (1)—
after the definition of “barrister” insert—, and
omit the definition of “the OFT”.
In section 57B (complaint to employment tribunal: contravention of section 57A), in subsection (2A), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.
Schedule 4 (approved regulators) is amended as follows. In paragraph 5, in sub-paragraph (2)(a), for “OFT” substitute “CMA”. In the italic cross-heading preceding paragraph 6, for “Office of Fair Trading” substitute “Competition and Markets Authority”. In paragraph 6, in sub-paragraphs (1) and (2), for “OFT” (in each place where it occurs) substitute “CMA”. In paragraph 15, in sub-paragraph (5)(a), for “OFT” substitute “CMA”.
In section 60 (complaints to employment tribunals: contravention of section 58 or 59), in subsection (2A), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.
Schedule 6 (alteration of reserved legal activities) is amended as follows. In paragraph 3, in sub-paragraph (1)(b), for “OFT” substitute “CMA”. In paragraph 5, in sub-paragraphs (1) to (4), for “OFT” (in each place where it occurs) substitute “CMA”. In paragraph 8, in sub-paragraph (3), for “OFT” (in each place where it occurs) substitute “CMA”. In paragraph 9, in sub-paragraph (2)(b), for “OFT” substitute “CMA”. In paragraph 11, in sub-paragraph (4)(a), for “OFT” substitute “CMA”. In paragraph 17, in sub-paragraph (4)(a), for “OFT” substitute “CMA”.
In section 63 (complaints to employment tribunals: contravention of section 61 or 62), in subsection (2A), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.
Schedule 7 (directions: procedure) is amended as follows. In paragraph 3, in sub-paragraph (2)(b), for “OFT” substitute “CMA”. In the italic cross-heading preceding paragraph 5, for “Office of Fair Trading” substitute “Competition and Markets Authority”. In paragraph 5, in sub-paragraphs (1) and (2), for “OFT” (in each place where it occurs) substitute “CMA”.
In section 63C (complaints to employment tribunals: contravention of section 63A or 63B), in subsection (2A), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.
Schedule 8 (intervention directions: procedure) is amended as follows. In paragraph 3, in sub-paragraph (2)(b), for “OFT” substitute “CMA”. In the italic cross-heading preceding paragraph 5, for “Office of Fair Trading” substitute “Competition and Markets Authority”. In paragraph 5, in sub-paragraphs (1) and (2), for “OFT” (in each place where it occurs) substitute “CMA”. In paragraph 14, in sub-paragraph (3)(b), for “OFT” substitute “CMA”. In the italic cross-heading preceding paragraph 16, for “Office of Fair Trading” substitute “Competition and Markets Authority”. In paragraph 16, in sub-paragraphs (1) and (2), for “OFT” (in each place where it occurs) substitute “CMA”.
In section 63I (complaints to employment tribunals: contravention of section 63F(4), (5) or (6) or 63I(1)(b)), in subsection (7), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.
Schedule 9 (cancellation of designation as approved regulator) is amended as follows. In paragraph 3, in sub-paragraph (2)(a), for “OFT” substitute “CMA”. In the italic cross-heading preceding paragraph 4, for “Office of Fair Trading” substitute “Competition and Markets Authority”. In paragraph 4, in sub-paragraphs (1) and (2), for “OFT” (in each place where it occurs) substitute “CMA”.
In section 70 (complaints to employment tribunals: contravention of section 64, 67 or 68), in subsection (8), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.
Schedule 10 (designation of approved regulators as licensing authorities) is amended as follows. In paragraph 3, in sub-paragraph (2)(a), for “OFT” substitute “CMA”. In the italic cross-heading preceding paragraph 4, for “Office of Fair Trading” substitute “Competition and Markets Authority”. In paragraph 4, in sub-paragraphs (1) and (2), for “OFT” (in each place where it occurs) substitute “CMA”. In paragraph 13, in sub-paragraph (5)(a), for “OFT” substitute “CMA”. In paragraph 19, in sub-paragraph (2)(a), for “OFT” substitute “CMA”. In the italic cross-heading preceding paragraph 20, for “Office of Fair Trading” substitute “Competition and Markets Authority”. In paragraph 20, in sub-paragraphs (1) and (2), for “OFT” (in each place where it occurs) substitute “CMA”.
In section 70A (complaints to employment tribunals: agency workers), after subsection (7) insert—
In Schedule 24 (index of defined expressions)—
CMA section 207
omit the reference to the OFT.
In section 80 (complaint to employment tribunal: parental leave), in subsection (2A), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.
In section 80H (complaints to employment tribunals: contravention of section 80G(1) or 80H(1)(b)), in subsection (7), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.
In section 111 (complaints to employment tribunal: contravention of section 92 or Part 10), in subsection (2A), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.
In section 164 (claims for redundancy payment: contravention of section 135), after subsection (4) insert—
After section 207A (extension of time limits because of mediation in certain cross-border disputes) insert—
Section 16(2)
The Railways Act 1993 is amended as follows.
In article 46 of the Electricity (Northern Ireland) Order 1992, in paragraph (6), for the words from the beginning to “(2A) or (3)” substitute “If any question arises as to whether paragraph (2) or (3) applies to any particular case”.
The repeal of section 3 of the Post Office Act 1969 by paragraph 2 does not affect the construction of any provision mentioned in subsection (1)(i) or (ii) of that section that continues to have effect after the commencement of the repeal.
In section 279 of the Insolvency Act 1986 (duration of bankruptcy), omit subsection (2) (bankrupt discharged early if official receiver files with the court a notice stating that investigation of the conduct and affairs of the bankrupt is unnecessary or concluded).
In section 138 of the Trade Union and Labour Relations (Consolidation) Act 1992 (refusal of service of employment agency on grounds related to union membership), after subsection (2) insert—
In regulation 18 of the Agency Workers Regulations 2010 (complaints to employment tribunals etc), after paragraph (14) insert—
The 1998 Act is amended as follows.
The Postal Services Act 2011 is amended as follows.
The Water and Sewerage Services (Northern Ireland) Order 2006 is amended as follows.
The Solicitors (Scotland) Act 1980 is amended as follows.
Schedule 7 (enforcement regime for public interest and special public interest cases) is amended as follows. Omit paragraph 1 (interim undertakings). Sub-paragraph (2B) applies where— 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— In that paragraph, after sub-paragraph (2B) insert— In that paragraph, in sub-paragraph (4)— In that paragraph, in sub-paragraph (8), omit “1 or”. In that paragraph, in sub-paragraph (10), for the words from “the order” to the end of the sub-paragraph substitute — 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.
Section 55 (orders for securing compliance) is amended as follows. For subsection (5A) substitute— In subsection (5D)(b), for “(5A)” substitute “(5AA)”.
In the heading of Chapter 4 of Part 1, omit “The Competition Commission and”.
In section 25A (rights of audience in the Court of Session etc), in subsections (9) and (11), for “Director” (in each place where it occurs) substitute “CMA”.
Section 59 (price control decisions) is amended as follows. In subsection (3), for “Competition Commission (“the Commission”)” substitute “Competition and Markets Authority (“the CMA”)”. In subsections (5) to (12), for “Commission” (in each place where it occurs) substitute “CMA”. After subsection (12) insert—.
In article 2 (interpretation), in paragraph (2)—
after the definition of “the Authority”, insert—
omit the definition of “the OFT”.
In section 57A (penalties), for subsection (6) substitute—
Omit section 45 (establishment of Competition Commission) and the cross- heading preceding it.
Section 64A (advisory and supervisory functions) is amended as follows. In subsections (1) and (2), for “Director” (in each place where it occurs) substitute “CMA”. In subsection (3)— In subsection (4), for “The Director may publish any advice given by him” substitute “The CMA may publish advice given”. In subsection (5)— In subsection (6), for “Director” substitute “CMA”. In the heading, for “Director General of Fair Trading” substitute “Competition and Markets Authority”.
In section 60 (section 59: supplementary), in subsections (1) and (4) to (6), for “Commission” (in each place where it occurs) substitute “CMA”.
Article 19 (determinations under conditions of appointment) is amended as follows. In paragraph (2)— In paragraph (3)— In paragraph (4)— In paragraph (5), for “Competition Commission” substitute “CMA”. In paragraph (6)— After paragraph (6) insert—
In section 67 (functions of the Office of Rail Regulation with respect to competition), in subsection (8), for the words from the beginning to “(3) above” substitute “If any question arises as to whether subsection (2) or (3) above applies to any particular case”.
In section 59 (interpretation of Part 1), in subsection (1), in the definition of “the Commission”, omit “(except in relation to the Competition Commission)”.
Section 64C (investigatory powers) is amended as follows. In subsection (1)— After subsection (2) insert— In the heading, for “Director” substitute “Competition and Markets Authority”.
Article 21 (modification references) is amended as follows. In paragraph (1)— In paragraph (2)— In paragraph (3), for “Competition Commission” substitute “CMA”. In paragraph (5)— In paragraph (6), for “Competition Commission” substitute “CMA”. After paragraph (6) insert— In the heading, for “Competition Commission” substitute “CMA”.
Omit Schedule 7 (Competition Commission).
In section 64CA (enforcement of notices under section 64C), in subsections (1) and (2), for “Office of Fair Trading” (in each place where it occurs) substitute “CMA”.
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”.
Omit Schedule 7A (Competition Commission: procedural rules for mergers and markets refinances).
In section 65 (interpretation), in subsection (1)—
Article 24 (reports on modification references) is amended as follows. In paragraph (1), for “Competition Commission” substitute “CMA”. In paragraph (2)— In paragraphs (3) to (5), for “Competition Commission” (in each place where it occurs) substitute “CMA”. In paragraphs (6) and (7), for “Commission” (in each place where it occurs) substitute “CMA”. In paragraph (9), for “Competition Commission” substitute “CMA”.
In article 25 (modifications following report), in paragraphs (1) and (5), for “Competition Commission” substitute “CMA”.
Article 26 (power of veto following report) is amended as follows. In paragraph (1), for “Competition Commission” substitute “CMA”. In paragraphs (2) to (9), for “Commission” (in each place where it occurs) substitute “CMA”. In the heading, for “Commission’s” substitute “CMA’s”.
Article 27 (power of veto following report: supplementary) is amended as follows. In paragraph (2), for “Competition Commission” substitute “CMA”. In paragraphs (3), (4), (6) and (8), for “Commission” (in each place where it occurs) substitute “CMA”. In the heading, for “Commission’s” substitute “CMA’s”.
In article 28 (modification by order under other statutory provisions), in paragraph (1)—
for “OFT, the Competition Commission” substitute “CMA”, and
for “OFT, the Commission” substitute “CMA”.
In article 57 (restrictions on disclosure of information), in sub-paragraph (7), for “Competition Commission” substitute “CMA”.
Section 25(4)
In section 86 of the Transport Act 2000 (functions with respect to competition), in subsections (3), (4)(b) and (7)(b), after “38(1) to (6)” (in each place where it occurs) insert “, 40B(1) to (4)”.
In Schedule 1 to the Rail and Transport Safety Act 2003 (constitution etc. of the Office of Rail Regulation), in paragraph 7—
the existing text becomes sub-paragraph (1), and
Sub-paragraph (1) is subject to provision in rules made under section 51 of the Competition Act 1998 by virtue of paragraph 1A of Schedule 9 to that Act in respect of the exercise of a function under Part 1 of that Act.
In section 67 of the Railways Act 1993 (functions with respect to competition), in subsections (3), (3A) and (8)(b), after “38(1) to (6)” (in each place where it occurs) insert “, 40B(1) to (4)”.
Paragraph 8 applies in relation to entries for buildings that are listed, or entries that are amended, on or after the date on which that paragraph comes into force.
The members of a committee or sub-committee of the CMA may include persons who are not members of the CMA. A sub-committee may include persons who are not members of the committee that established it.
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation) at the appropriate place insert— “ Competition and Markets Authority. ”
In Part 1 of Schedule 19 to the Equality Act 2010 (public authorities: general), under the heading “Industry, business, finance etc” at the appropriate place insert— “ The Competition and Markets Authority. ”
Appointment to membership of the CMA Board under paragraph 1(1)(b) is to be for a term of not more than five years. Appointment to membership of the CMA panel under paragraph 1(1)(b) is to be for a term of not more than eight years. Appointment to membership of the OIM panel under paragraph 1(1)(b) is to be for a term of not more than eight years. Appointment as the chair is to be for a term of not more than five years. Where at the beginning of a person's term of appointment to membership of the CMA panel the person has already begun (and continues) to hold office as a member of the OIM panel, the term of the person's appointment to membership of the CMA panel is to be treated for the purposes of sub-paragraph (2) as beginning when the person's term of appointment to membership of the OIM panel began. Where at the beginning of a person's term of appointment to membership of the OIM panel the person has already begun (and continues) to hold office as a member of the CMA panel, the term of the person's appointment to membership of the OIM panel is to be treated for the purposes of sub-paragraph (2A) as beginning when the person's term of appointment to membership of the CMA panel began.
The CMA panel is a panel of persons available for selection as members of a group constituted in accordance with this Part of this Schedule.
The members of a CMA group are to be selected by the chair. In selecting the members of a CMA group, the chair must comply with any requirements imposed by or under any enactment. Subject to that, paragraph 38 has effect for the purposes of the membership of a CMA group.
A person's ceasing to be a member of a CMA group, whether by being removed under paragraph 41, or otherwise, does not prevent— Sub-paragraph (1)—
The chair may at any time resign from membership of the CMA by giving written notice to this effect to the Secretary of State. A person who is a member of one, but not more than one, of the CMA Board, the CMA panel and the OIM panel, may at any time resign from membership of the CMA by giving written notice to this effect to the Secretary of State. A person who is a member of both the CMA Board and the CMA panel or both the CMA panel and the OIM panel may at any time, by giving written notice to this effect to the Secretary of State— The OIM panel chair may at any time resign from membership of the CMA by giving written notice to this effect to the Secretary of State (and may not resign from the OIM panel, or any other office to which the person is appointed by virtue of paragraph 1(1)(b)(iv), except in accordance with this sub-paragraph).
The CMA is to have a chief executive appointed by the Secretary of State (the “chief executive”). The chief executive may also be a member of the CMA, but must not be— Before appointing the chief executive, the Secretary of State must consult the chair. The appointment— The chief executive holds that office as a member of the staff of the CMA. A previous appointment as chief executive does not affect a person's eligibility for re-appointment.
the chair, ...
a member of the CMA panel , or
a member of the OIM panel.
The Gas (Northern Ireland) Order 1996 is amended as follows.
The CMA may appoint other members of staff. A person appointed as a member of the CMA's staff under sub-paragraph (1) may also be a member of the CMA, but must not be— The following are to be determined by the CMA with the approval of the Minister for the Civil Service—
Each CMA group is to consist of at least three members of the CMA panel. Subject to sub-paragraphs (3) to (6), those members are to be such persons as the chair may select. In the case of a news media merger reference group— In the case of a specialist communications reference group, the group must include at least one, but not more than three, of the specialist communications panel members. In the case of a specialist utility group, the group must include at least one of the specialist utility panel members. In the case of a specialist payment systems group, the group must include at least one payment systems member. A news media panel member is not to be selected as a member of a CMA group that is not a news media merger reference group. The chair may at any time appoint a reporting panel member to be an additional member of a CMA group. The chair must appoint one of the members of a CMA group to chair the group (the “group chair”).
In article 2 (interpretation), in paragraph (2), before the definition of “construction” insert—.
A person holding office as a member of the Competition Appeal Tribunal is ineligible for appointment under paragraph 9 or 10.
The validity of anything done by a CMA group is not affected by—
a vacancy;
a defective appointment.
Article 15 (modification references) is amended as follows. In paragraph (1)— In paragraph (2)— In paragraph (3)— In paragraph (4), for “Competition Commission” substitute “CMA”. In paragraph (6)— In paragraph (7)— In paragraph (8), for “Competition Commission” substitute “CMA”. After paragraph (8) insert— In the heading, for “Monopolies Commission” substitute “Competition and Markets Authority”.
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”.
Article 16 (reports on modification references) is amended as follows. In paragraph (1), for “Competition Commission” substitute “CMA”. In paragraph (1A)— In paragraphs (1B), (3) to (3C) and (4), for “Competition Commission” (in each place where it occurs) substitute “CMA”.
In article 17 (modification following report), in paragraphs (1) and (5A), for “Competition Commission” (in each place where it occurs) substitute “CMA”.
Article 17A (power to veto modifications following report) is amended as follows. In paragraph (1), for the words from the beginning to “Commission”)” substitute “The CMA”. In paragraphs (2) to (10), (13) to (15), (17) and (19), for “Commission” (in each place where it occurs) substitute “CMA”. In the heading, for “Competition Commission’s” substitute “CMA’s”.
In article 18 (modification by order under other statutory provisions), in paragraph (1), for “Office of Fair Trading, the Competition Commission” substitute “CMA”.
Article 32 (annual and other reports) is amended as follows. In paragraph (1)(a)(ii), for “Monopolies Commission’s” substitute “CMA’s”. Omit paragraph (6).
The CMA must prepare an annual plan for each financial year. The plan must— The CMA must arrange for the plan to be laid before — The CMA must publish the plan, in whatever way it considers appropriate, before the start of the financial year in question.
The application of the CMA's seal must be authenticated by the signature of— A document purporting to be duly executed under the CMA's seal or signed on its behalf— But this paragraph does not apply in relation to a document which is, or is to be, signed in accordance with the law of Scotland.
Except where otherwise provided by or under any enactment, the functions of the CMA are exercisable by the CMA Board on behalf of the CMA.
The validity of anything done by the CMA Board is not affected by—
a vacancy;
a defective appointment.
The CMA panel is to consist of— A person who is appointed to the CMA panel as a member of a kind mentioned in one of paragraphs (a) to (d) of sub-paragraph (1) may also be appointed as a member of one or more of the other kinds mentioned in those paragraphs. For the purposes of this paragraph and paragraph 38— a “news media merger reference” is— a reference under section 45 of the Enterprise Act 2002 that specifies a news media public interest consideration (within the meaning of paragraph 20A of Schedule 8 to that Act); a reference under section 62 of that Act that specifies a consideration specified in section 58(2A) or (2B) of that Act; a “specialist communications reference” is a reference under section 193 of the Communications Act 2003; “specialist utility functions” are functions with respect to— an appeal under section 23B, or a reference under section 41E, of the Gas Act 1986; an appeal under section 11C, or a reference under section 56C, of the Electricity Act 1989; an appeal under section 20 of the Energy Act 2023; a reference under section 12, 14 or 17K of the Water Industry Act 1991; an appeal under section 12D of that Act; the giving of a direction or the making of modifications under section 16A or 17P of that Act; a reference under section 68B or 68C of the Enterprise Act 2002; an appeal under article 14B of the Electricity (Northern Ireland) Order 1992 (SI 1992/231 (NI 1)); an appeal under article 14B of the Gas (Northern Ireland) Order 1996 (SI 1996/275 (NI 2)); an appeal under section 173 of the Energy Act 2004; an appeal under regulation 4 of the Water Industry Designated Codes (Appeals to the Competition and Markets Authority) Regulations 2017 (SI 2017/447); a reference under article 3 of the Water Services etc (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 (SI 2005/3172); the giving of a direction or the making of modifications under article 9 of that Order.
Sub-paragraph (2) applies if a person ceases to be a member of a CMA group, whether by being removed under paragraph 41, or otherwise. The chair may select a replacement member of the group from the CMA panel.
While a CMA group is being constituted, the chair may take such steps as he or she considers appropriate to facilitate the work of the group once it has been constituted. The steps taken must be steps that it would be within the power of the group to take, had it already been constituted.
If a CMA group’s vote on any decision is tied, the group chair is to have a casting vote.
For the purposes of paragraphs 56 to 58, a “qualifying majority decision” is a decision made by a CMA group which is that of at least two-thirds of the members of the group.
This paragraph applies— A person to whom this paragraph applies may be appointed under paragraph 1(1)(b) as a member of the CMA panel. But the terms of the person’s appointment as a member of the CMA panel must not be such that the sum of the period of his or her office as a member of the CMA panel, and of the period of his or her office as a panel member of the Competition Commission (excluding any period when he or she also holds office as a member of the CMA panel), exceeds eight years. Paragraph 4(1) applies for the purposes of the person’s re-appointment as a member of the CMA panel as it does for the purposes of the re-appointment of a CMA panel member to whom this paragraph does not apply. The power conferred by section 100 includes power to make provision for the appointment of panel members of the Competition Commission as members of the CMA panel, or for the re-appointment of persons who are appointed as members of the CMA panel by virtue of sub-paragraph (2), for the purpose of enabling anything in the process of being done by or on behalf of the Competition Commission immediately prior to its abolition to be completed by or on behalf of the CMA; and nothing in sub-paragraphs (1) to (4) restricts the provision that may be made for that purpose.
The Competition Act 1980 is amended as follows.
The Health and Social Care Act 2012 is amended as follows.
Before finalising an annual plan, the CMA must draw up proposals for it. The CMA must arrange for the proposals to be laid before — The CMA must— Arrangements made under sub-paragraph (3)(b) may provide for consultation with the public to be effected in whatever way the CMA considers appropriate.
The chair may, on behalf of the CMA, exercise the power conferred by section 37(1), 48(1) or 64(1) of the Enterprise Act 2002 in respect of the reference of a matter— Sections 34C, 46D and 62A of the Enterprise Act 2002 have effect subject to sub-paragraph (1).
Except as provided for by paragraph 61, a person who holds or has held office as a panel member of the Competition Commission at any time prior to its abolition may not be appointed under paragraph 1(1)(b) as a member of the CMA panel.
Section 101 (licence condition modification references) is amended as follows. In subsection (2)— In subsection (4)— After subsection (4) insert— In subsections (5) and (6), for “Competition Commission” (in each place where it occurs) substitute “CMA”. In the heading, for “Competition Commission” substitute “CMA”.
Section 11 (reference of public bodies and certain other persons to the Commission) is amended as follows. In subsections (1), (5), (6), (8) and (10), for “Commission” (in each place where it occurs) substitute “CMA” . After subsection (10) insert— In the heading, for “Commission” substitute “CMA”.
References in paragraphs 61 and 62 to a panel member of the Competition Commission are to a person appointed as a member of the Competition Commission of a kind mentioned in paragraph 2(3) of Schedule 7 to the Competition Act 1998.
In section 102 (modification of conditions by order under other enactments), in subsection (1), for “Office of Fair Trading, Competition Commission” substitute “CMA”.
In section 11A (references under section 11: time-limits), in subsections (2) and (3), for “Commission” (in each place where it occurs) substitute “CMA”.
In section 103 (standard condition as to transparency of certain criteria), in subsection (3)—
in paragraph (b), for “Competition Commission” substitute “CMA”, and
in paragraph (c), for “Office of Fair Trading, Competition Commission” substitute “CMA”.
Section 11C (references under section 11: further supplementary provisions) is amended as follows. In subsection (1), for the words from “the words” to the end, substitute — In subsection (3)—
Section 120 (responses to consultation on proposals for national tariff) is amended as follows. In subsections (1) and (4), for “Competition Commission” (in each place where it occurs) substitute “CMA”. In subsection (5), omit the words from the beginning to “instead,”. After subsection (5), insert—
In section 12 (orders following report under section 11), in subsections (1) to (3) and (5), for “Commission” (in each place where it occurs) substitute “CMA”.
Section 121 (determination on reference under section 120) is amended as follows. In subsections (1) to (3), for “Competition Commission” (in each place where it occurs) substitute “CMA”. In subsections (4) to (6) and (8) to (10), for “Commission” (in each place where it occurs) substitute “CMA”.
In section 16 (general provisions as to reports), in subsection (2), for “Commission” substitute “CMA”.
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”.
In section 17 (laying before Parliament and publication of reports), in subsection (6), for “Commission” substitute “CMA”.
Section 123 (power to veto changes proposed under section 122) is amended as follows. In subsection (1), for “Competition Commission” substitute “CMA”. In subsection (3), for “Commission” substitute “CMA”. In subsection (4), for “Competition Commission” substitute “CMA”. In subsections (5) to (7), for “Commission” (in each place where it occurs) substitute “CMA”.
In section 33 (short title, interpretation, etc), in subsection (2), for ““the Commission”” substitute ““the CMA””.
Section 142 (responses to consultation on proposal to impose a levy) is amended as follows. In subsections (1) and (4), for “Competition Commission” (in each place where it occurs) substitute “CMA”. After subsection (4) insert— In subsections (5) and (7), for “Competition Commission” (in each place where it occurs) substitute “CMA”.
Section 149 (electronic communications) is amended as follows. In subsection (2)— In subsections (3) and (4), for “Competition Commission” (in each place where it occurs) substitute “CMA”.
In section 150 (interpretation etc. of Part 3), in subsection (1), after the definition of “anti-competitive behaviour” insert—.
Schedule 10 (references by Monitor under section 101 or 142) is amended as follows. In the heading, for “Competition Commission” substitute “CMA”. In paragraph 1— In paragraph 2, for “Competition Commission” substitute “CMA”. In paragraph 4— In paragraph 5— In paragraph 6— In paragraph 7, in sub-paragraphs (1) and (8), for “Competition Commission” (in each place where it occurs) substitute “CMA”. In the italic cross-heading preceding paragraph 8, for “Competition Commission’s” substitute “CMA’s”. In paragraph 8— In paragraph 9— In paragraph 10, in sub-paragraph (2), for “Competition Commission” substitute “CMA”.
Schedule 12 (procedure on references under section 120) is amended as follows. In paragraph 2, in sub-paragraph (1), for “Competition Commission” substitute “CMA”. In the italic cross-heading preceding paragraph 3, for “Commission” substitute “CMA”. In paragraph 3— In paragraph 4— In paragraph 5, in sub-paragraph (1)— In paragraph 6, in sub-paragraphs (1) and (3), for “Competition Commission” (in each place where it occurs) substitute “CMA”. In paragraph 7— In paragraph 8, in sub-paragraph (1)— 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”. 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”. In paragraph 11— In paragraph 12—
an enactment contained in, or in an instrument made under, Northern Ireland legislation.
Before section 131 of the 2002 Act (power to make market investigation references) insert—
As soon as practicable after the end of each financial year, the CMA must prepare a report containing an assessment of how the concurrency arrangements have operated during the year. The concurrency arrangements are the arrangements for co-operation between the CMA and the sectoral regulators in respect of functions which are exercisable concurrently by the CMA and one or more of the regulators under Part 1 of the Competition Act 1998 (the “1998 Act”) and Part 4 of the Enterprise Act 2002 (the “2002 Act”). The report must, in particular, include information about— The CMA is not required to include information in a report under this paragraph if it considers that doing so would, or would be likely to, prejudice the exercise of any of the functions of the CMA or a sectoral regulator. In preparing a report under this paragraph, the CMA must consult each sectoral regulator. The CMA must publish a report prepared under this paragraph in whatever way it considers appropriate. Each of the following is a sectoral regulator—
The CMA may—
if so requested by the Secretary of State, represent the government of the United Kingdom in matters relating to international relations in any field connected to its functions, and
promote good practice outside the United Kingdom in the carrying on of activities which may affect the economic interests of consumers in the United Kingdom.
After section 131 of that Act insert—
The CMA may do anything that is calculated to facilitate, or is conducive or incidental to, the performance of its functions. The power in sub-paragraph (1) is subject to any restrictions imposed by or under any enactment.
In Schedule 1 to the Office of Communications Act 2002 (constitution etc. of the OFCOM), in paragraph 18—
the existing text becomes sub-paragraph (1), and
Sub-paragraph (1) is subject to provision in rules made under section 51 of the Competition Act 1998 by virtue of paragraph 1A of Schedule 9 to that Act in respect of the exercise of a function under Part 1 of that Act.
In article 46 of the Electricity (Northern Ireland) Order 1992 (functions with respect to competition), in paragraphs (3), (3A) and (6)(b), after “38(1) to (6)” (in each place where it occurs) insert “, 40B(1) to (4)”.
In Schedule 1 to the Public Records Act 1958 (definition of public records), in Part 2 of the Table at the end of paragraph 3, at the appropriate place insert— “ Competition and Markets Authority. ”
This paragraph applies for the purposes of Part 3 of the Enterprise Act 2002. Where a decision of a CMA group under section 35(1) or 36(1) of that Act that there is an anti-competitive outcome is not a qualifying majority decision, it is to be treated as a decision under that section that there is not an anti-competitive outcome. Where a decision of a CMA group under section 47 of that Act is not a qualifying majority decision— Where a decision of a CMA group under section 63 of that Act is not a qualifying majority decision— Expressions used in this paragraph are to be construed in accordance with Part 3 of the Enterprise Act 2002.
This paragraph applies for the purposes of Part 4 of the Enterprise Act 2002. Where a decision under section 134, 141 or 141A of that Act is not a qualifying majority decision— Accordingly, a CMA group is to be treated as having decided under section 134, 141 or 141A that there is no adverse effect on competition in relation to an ordinary reference or a cross-market reference if— “Relevant decision”, in sub-paragraph (3)(b), means— Where a decision of a CMA group under section 141A of that Act is not a qualifying majority decision, in the case of a decision under section 141A(4) that the feature or combination of features in question operates or may be expected to operate against the public interest, it is to be treated as a decision under section 141A that the feature or combination of features in question does not operate nor may be expected to operate against the public interest. Expressions used in this paragraph are to be construed in accordance with Part 4 of the Enterprise Act 2002.
A decision made by a CMA group is also subject to any other provision made by or under any enactment about decisions that are not qualifying majority decisions.
Section 26(3)
The Competition Act 1998 is amended as follows.
In section 6 (block exemptions), in subsections (1) and (6), for “OFT” (in each place where it occurs) substitute “CMA”.
In section 8 (block exemptions: procedure), in subsections (1) to (3) and (5), for “OFT” (in each place where it occurs) substitute “CMA”.
In section 10 (parallel exemptions), in subsections (5), (7) and (8), for “OFT” (in each place where it occurs) substitute “CMA”.
Section 25 (power to investigate) is amended as follows. In subsections (1) and (8) to (11), for “OFT” (in each place where it occurs) substitute “CMA”. In the heading, for “OFT” substitute “CMA”.
In section 26 (powers when conducting investigations), in subsections (1) and (5), for “OFT” (in each place where it occurs) substitute “CMA”.
In section 27 (power to enter business premises without a warrant), in subsections (1) and (3), for “OFT” (in each place where it occurs) substitute “CMA”.
Section 28 (power to enter business premises under a warrant) is amended as follows. In subsection (1)(b)(i), for “OFT” substitute “CMA”. In subsection (2)—
In section 28A (power to enter domestic premises under a warrant), in subsections (1)(b)(i) and (2), for “OFT” (in each place where it occurs) substitute “CMA”.
In section 31 (decisions following an investigation), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “CMA”.
In section 31A (commitments), in subsections (1) to (4), for “OFT” (in each place where it occurs) substitute “CMA”.
In section 31B (effect of commitments under section 31A), in subsections (1) to (5), for “OFT” (in each place where it occurs) substitute “CMA”.
In section 31C (review of commitments), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “CMA”.
In section 31D (guidance), in subsections (1) to (3), (5), (6) and (8), for “OFT” (in each place where it occurs) substitute “CMA”.
In section 31E (enforcement of commitments), in subsection (1), for “OFT” (in each place where it occurs) substitute “CMA”.
In section 32 (directions in relation to agreements), in subsection (1), for “OFT” substitute “CMA”.
In section 33 (directions in relation to conduct), in subsection (1), for “OFT” substitute “CMA”.
In section 34 (enforcement of directions), in subsection (1), for “OFT” substitute “CMA”.
In section 35 (interim measures), in subsections (1) to (4), (8) and (9), for “OFT” (in each place where it occurs) substitute “CMA”.
In section 36 (penalties), in subsections (1) to (5), (8) and (9), for “OFT” (in each place where it occurs) substitute “CMA”.
In section 37 (recovery of penalties), in subsection (1), for “OFT” (in each place where it occurs) substitute “CMA”.
In section 38 (the appropriate level of a penalty), in subsections (1) to (3), (5), (6), (8) and (9), for “OFT” (in each place where it occurs) substitute “CMA”.
In section 39 (limited immunity in relation to the Chapter 1 prohibition), in subsections (3) to (5) and (8), for “OFT” (in each place where it occurs) substitute “CMA”.
In section 40 (limited immunity in relation to the Chapter 2 prohibition), in subsections (3) to (5) and (8), for “OFT” (in each place where it occurs) substitute “CMA”.
In section 44 (false or misleading information), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “CMA”.
In section 46 (appealable decisions), in subsections (1) to (3), for “OFT” (in each place where it occurs) substitute “CMA”.
In section 47 (third party appeals), in subsection (1), for “OFT” (in each place where it occurs) substitute “CMA”.
In section 47A (monetary claims before Tribunal), in subsections (6) and (7), for “OFT” (in each place where it occurs) substitute “CMA”.
In section 50 (vertical agreements and land agreements), in subsection (3), for “OFT” substitute “CMA”.
In the cross-heading preceding section 51, for “OFT’s” substitute “CMA’s”.
Section 51 (rules) is amended as follows. In subsection (1), for “OFT” substitute “CMA”. In subsection (2), for “OFT’s” substitute “CMA’s”. In subsections (3) and (5) to (10), for “OFT” (in each place where it occurs) substitute “CMA”.
Section 52 (advice and information) is amended as follows. In subsection (1), for the words from the beginning to “the Director” substitute “The CMA”. In subsection (1A), for the words from the beginning to “the OFT” substitute “The CMA”. In subsections (2) to (6) and (8), for “OFT” (in each place where it occurs) substitute “CMA”.
In section 54 (regulators), in subsections (2), (5) and (7), for “OFT” (in each place where it occurs) substitute “CMA”.
In section 57 (defamation), for “OFT” substitute “CMA”.
In the cross-heading preceding section 58, for “OFT” substitute “CMA”.
Section 58 (findings of fact) is amended as follows. In subsection (1), for “an OFT’s” substitute “a CMA’s”. In subsection (2)— In subsection (3), for “OFT” substitute “CMA”. In the heading, for “OFT” substitute “CMA”.
In section 58A (findings of infringements), in subsections (3) and (4), for “OFT” (in each place where it occurs) substitute “CMA”.
Section 59 (interpretation of Part 1) is amended as follows. In subsection (1)— In subsection (4), for “OFT” substitute “CMA”.
In section 60 (principles to be applied in determining questions), in subsection (4), for “OFT” (in each place where it occurs) substitute “CMA”.
In section 61 (interpretation of Part 2), in subsection (1)—
after the definition of “books and records” insert—, and
omit the definition of “the OFT”.
In section 62 (power to enter business premises under a warrant: Article 20 inspections), in subsections (5) and (10), for “OFT” (in each place where it occurs) substitute “CMA”.
In section 62A (power to enter non-business premises under a warrant: Article 21 inspections), in subsections (3) to (5), and (12), for “OFT” (in each place where it occurs) substitute “CMA”.
In section 62B (powers when conducting Article 22(2) inspection), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “CMA”.
In section 63 (power to enter business premises under a warrant: Article 22(2) inspections), in subsections (1)(a), (2) to (5) and (10), for “OFT” (in each place where it occurs) substitute “CMA”.
Section 65C (interpretation of Part 2A) is amended as follows. In subsection (1), in the definition of “Article 22(1) investigation”, for “OFT” substitute “CMA”. In subsection (2)— In subsection (4), for “OFT” substitute “CMA”.
In section 65D (power to conduct an Article 22(1) investigation), in subsection (1), for “OFT” substitute “CMA”.
In section 65E (powers when conducting Article 22(1) investigations), in subsections (1) and (5), for “OFT” (in each place where it occurs) substitute “CMA”.
In section 65F (power to enter business premises without a warrant), in subsections (1) and (3), for “OFT” (in each place where it occurs) substitute “CMA”.
In section 65G (power to enter business premises under a warrant), in subsections (1)(b)(i) and (2), for “OFT” (in each place where it occurs) substitute “CMA”.
In section 65H (power to enter domestic premises under a warrant), in subsections (1)(b)(i) and (2), for “OFT” (in each place where it occurs) substitute “CMA”.
In section 65N (false or misleading information), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “CMA”.
In section 75A (rules in relation to Parts 2 and 2A), in subsections (1) to (8), for “OFT” (in each place where it occurs) substitute “CMA”.
Schedule 1 (exclusions: mergers and concentrations) is amended as follows. In paragraph 4, in sub-paragraphs (1) to (5), for “OFT” (in each place where it occurs) substitute “CMA”. In paragraph 5, for “OFT” (in each place where it occurs) substitute “CMA”.
In Schedule 2 (exclusions: other competition scrutiny), in Part 3, in paragraph 5(3)(a), for “Director” substitute “CMA”.
Schedule 3 (general exclusions) is amended as follows. In paragraph 9, in sub-paragraphs (3) to (7), for “OFT” (in each place where it occurs) substitute “CMA”.
Schedule 6A (commitments) is amended as follows. In paragraph 1, for “OFT” substitute “CMA”. In paragraph 2— In paragraph 3, in sub-paragraph (1), for “OFT” substitute “CMA”. In paragraph 4, for “OFT” (in each place where it occurs) substitute “CMA”. In paragraph 5, for “OFT” substitute “CMA”. In paragraph 6, for “OFT” substitute “CMA”. In paragraph 7, for “OFT” (in each place where it occurs) substitute “CMA”. In paragraph 8, for “OFT” (in each place where it occurs) substitute “CMA”. In paragraph 10, for “OFT” substitute “CMA”. In paragraph 11, in sub-paragraph (1), for “OFT” substitute “CMA”. In paragraph 12, for “OFT” substitute “CMA”. In paragraph 13, for “OFT” substitute “CMA”. In paragraph 14, for “OFT” (in each place where it occurs) substitute “CMA”.
Schedule 8 (appeals) is amended as follows. In paragraph 2, in sub-paragraph (2), for “OFT’s” substitute “CMA’s”. In paragraph 3, in sub-paragraphs (2) and (3), for “OFT” (in each place where it occurs) substitute “CMA”. In paragraph 3A, in sub-paragraph (3), for “OFT” substitute “CMA”.
Schedule 9 (rules under section 51) is amended as follows. In the heading, for “OFT’s” substitute “CMA’s”. In paragraph 1, for “OFT” substitute “CMA”. In paragraph 5, in sub-paragraphs (1) and (2), for “OFT” (in each place where it occurs) substitute “CMA”. In paragraph 8, for “OFT” (in each place where it occurs) substitute “CMA”. In paragraph 9, for “OFT” (in each place where it occurs) substitute “CMA”. In paragraph 11, for “OFT” substitute “CMA”. In paragraph 12, in sub-paragraph (1)— In paragraph 13— In paragraph 14, for “OFT” substitute “CMA”.
The Enterprise Act 2002 is amended as follows.
Omit sections 1 to 4 of, and Schedule 1 to, the 2002 Act (which make provision about the establishment of the Office of Fair Trading), and the italic cross-heading preceding section 1.
Section 26(4)
Section 137 of the 2002 Act (time-limits for market investigations and reports) is amended as follows. In subsection (1), for “two years” substitute “18 months”. After subsection (2) insert— For subsection (3) substitute— For subsection (4) substitute—
Part 4 of the 2002 Act (market investigations) is amended as follows.
Section 33 of the National Heritage Act 1983 (the Commission’s general function) is amended as follows. In subsection (2A)— After subsection (2A) insert—
The Water Services etc (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 is amended as follows.
In the heading of that Part, at the beginning insert “Market Studies and”.
In article 2 (interpretation), in paragraph (1), for the definition of “the Commission” substitute—.
In the heading of Chapter 1, at the beginning insert “Market Studies and”.
Article 3 (references) is amended as follows. In paragraphs (1), (5) to (9), and (11) and (12), for “Commission” substitute “CMA”. After paragraph (12) insert— In the heading, for “Commission” substitute “CMA”.
Section 132 (ministerial power to make references) is amended as follows. In subsection (1)— In subsection (2)(b), for “to make such a reference” substitute “to publish a market study notice in relation to the matter concerned”.
In article 4 (references: time limits), in paragraphs (2) and (3), for “Commission” (in each place where it occurs) substitute “CMA”.
In section 135 (variation of references), omit subsection (4).
In article 5 (references: powers of investigation), in paragraph (4)(a), for paragraph (i) substitute—.
In section 156 (effect of undertakings under section 154), after subsection (2) insert—
Article 6 (consultation on proposals) is amended as follows. In paragraphs (1) to (3), for “Commission” (in each place where it occurs) substitute “CMA”. In the heading, for “Commission” substitute “CMA”.
In section 169 (certain duties of relevant authorities to consult: Part 4), in subsection (6), in the definition of “relevant decision”—
in paragraph (a), for sub-paragraph (i) substitute—, and
in paragraph (b)(i), omit “as to whether”.
Article 7 (reports on references) is amended as follows. In paragraphs (1) to (5), for “Commission” (in each place where it occurs) substitute “CMA”. In paragraph (6)— In paragraphs (7) and (8), for “Commission” (in each place where it occurs) substitute “CMA”. In paragraph (10), for “Commission’s” substitute “CMA’s”. In paragraph (12), for “Commission” substitute “CMA”.
Section 172 (further publicity requirements: Part 4) is amended as follows. In subsection (1), after paragraph (a) insert—. In subsection (2)— After subsection (7) insert—
Article 8 (modifications following report) is amended as follows. In paragraph (1), for “Commission” substitute “CMA”. In paragraph (2)— In paragraph (3), for “Commission’s” substitute “CMA’s”. In paragraph (6), for “Commission” substitute “CMA”.
In section 179 (review of decisions under Part 4), in subsection (2), before paragraph (a) insert—.
Article 9 (power of veto following report) is amended as follows. In paragraphs (1) to (3), for “Commission” (in each place where it occurs) substitute “CMA”. In paragraph (4)— In paragraphs (5) to (8), for “Commission” (in each place where it occurs) substitute “CMA”. In the heading, for “Commission’s” substitute “CMA’s”.
Section 181 (orders under Part 4) is amended as follows. In subsection (3), for “136(9), 137(3)” substitute “131C(1), 136(9), 137(3), 138B(6)”. In subsection (4), for “137(3)” substitute “131C(1), 137(3), 138B(6)”.
Article 10 (article 9: supplementary) is amended as follows. In paragraphs (2), (3) and (5), for “Commission” (in each place where it occurs) substitute “CMA”. In paragraph (6)(a), for paragraph (i) substitute—.
Market study notice Section 130A(1) “Market study report Section 131B(4)
Section 30(10)
Section 32(2)
Part 3 of the 2002 Act (mergers) is amended as follows.
In section 22 (duty to make references in relation to completed mergers), in subsection (3)—
before paragraph (a) insert—, and
in paragraph (a) omit “or 96(3)”.
In section 33 (duty to make references in relation to anticipated mergers), in subsection (3)—
before paragraph (a) insert—, and
in paragraph (a) omit “or 96(3)”.
After section 34 insert—
Section 39 (time-limits for investigations and reports) is amended as follows. In subsection (5) for “subsection (4)” substitute “this section”. After subsection (8) insert—
After section 41 (duty to remedy effects of completed or anticipated mergers) insert—
After section 73 (undertakings in lieu of references under section 22 or 33) insert—
Section 96 (merger notices) is amended as follows. In subsection (1), for the words from “of proposed arrangements” to the end of the subsection substitute “of arrangements or proposed arrangements which might have resulted or might result in the creation of a relevant merger situation.” In subsection (2) after paragraph (a) (and before the “and” immediately following it) insert—. After subsection (2) insert— Omit subsections (3) and (4).
Sections 97 and 98 (period for considering merger notices) are omitted.
Section 99 (certain functions in relation to merger notices) is amended as follows. In subsection (1), for “the period for considering any merger notice begins” substitute “the initial period (within the meaning of section 34ZA) begins in relation to the merger notice”. In subsection (5), for “the period for considering any merger notice” substitute “the initial period (within the meaning of section 34ZA) in relation to a merger notice”.
Section 100 (exceptions to protection given by merger notices) is amended as follows. In subsection (1)— In subsection (2)— In subsection (3), for “Section 96(3) does not” substitute “Sections 22(3)(za) and 33(3)(za) do not”.
Section 101 (merger notices: regulations) is amended as follows. In subsection (2), in paragraph (a), omit “section 97(1), (2), (3) or (4) or”. In that subsection, omit paragraphs (c) to (f).
Section 124 (order and regulations under Part 3) is amended as follows. In subsection (4)— In subsection (5)—
Section 34(4)
Part 4 of the 2002 Act (market investigations) is amended as follows.
Section 133 (contents of references) is amended as follows. In subsection (1)— In subsection (2)—
Section 134 (questions to be decided on market investigation references) is amended as follows. In subsection (1), for “a market investigation” substitute “an ordinary”. After subsection (1) insert— In subsection (2), for “a market investigation” substitute “an ordinary”. After subsection (2) insert— In subsection (5)(a), after “the market” insert “or markets”. In subsection (7), after “the market” insert “or markets”. In subsection (8)(a)(i), after “the market” insert “or markets”.
In section 138 (duty to remedy adverse effects), in subsection (5), after “the market” insert “or markets”.
Section 141 (questions to be decided where intervention notice under section 139(1) is in force) is amended as follows. In subsection (2), after “shall” insert “, on an ordinary reference,”. After subsection (2) insert— In subsection (6), after “the market” insert “or markets”.
In section 147 (remedial action by the Secretary of State), in subsection (5), after “the market” insert “or markets”.
In section 154 (undertakings in lieu of references), in subsection (4), after “the market” insert “or markets”.
Section 156 (effect of undertakings under section 154) is amended as follows. Before subsection (1) insert— In subsection (1)— In subsection (2), for “Subsection (1) does” substitute “Subsections (A1) and (1) do”.
Section 184 (index of defined expressions for Part 4) is amended as follows. In the second column of the entry for “Adverse effect on competition”, after “134(2)” insert “and (2A)”. Cross-market reference Section 131(6) Ordinary reference Section 131(6)
Section 35(10)
Part 4 of the 2002 Act (market investigations) is amended as follows.
Section 131 (power to make market investigation references) is amended as follows. In subsection (4)(b), after “132” insert “or 140A(6)”. In subsection (6), in the definition of “market investigation reference”, after “132” insert “or 140A(6)”.
In section 132 (ministerial power to make references), in subsection (4)—
after “if” insert —, and
at the end insert ; or
In section 135 (variation of references), in subsection (1), for “by it or (as the case may be) by him” substitute “by it under section 131 or (as the case may be) by the appropriate Minister under section 132”.
Section 140 (supplementary provision about intervention notices under section 139(1)) is amended as follows. In subsection (1)— In subsection (2), for “case” (in the second place where it occurs) substitute “matter”. After subsection (4) insert— In subsection (5)— In subsection (6)— After subsection (6) insert— In subsection (7), after “147(2)” insert “or (as the case may be) 147A(2)”.
After section 140A (inserted by section 35) insert—
Section 141 (questions to be decided where section 139(1) intervention notice is in force) is amended as follows. For subsection (1) substitute— For the heading, substitute “Restricted PI references: questions to be decided by CMA”.
Section 142 (investigations and reports) is amended as follows. In subsection (1)— In subsection (2)— A summary of the views of a public interest expert in a report under this section shall be approved by the expert before action is taken in relation to the report under section 143A(2) or (3).
Section 143 (publication etc of reports) is amended as follows. Before subsection (1) insert— In subsection (1), in the words before paragraph (a), for “a report under section 142” substitute “the report”. Omit subsection (2). In subsection (3), for “a report under section 142” substitute “the report”. Omit subsections (5) to (8). For the heading substitute “Restricted PI references: publication etc of reports of CMA”.
After section 143 insert—
Section 144 (time-limits for investigations and reports in public interest cases) is amended as follows. In subsection (1)— After subsection (1) insert— In subsection (4), after “143(1) or (3)” insert “or (as the case may be) 143A(2) or (3)”.
Section 145 (restrictions where public interest considerations not finalised: Part 4) is amended as follows. In subsection (2), after “143(3)” insert “or (as the case may be) 143A(3)”. In subsection (3), after “141(3)” insert “or (as the case may be) 141A(4) and (5).” In subsection (4), after “141(3)” insert “or (as the case may be) 141A(4) and (5).”
Section 146 (decision of Secretary of State) is amended as follows. In subsection (1), in the words before paragraph (a), for “report of the Commission” substitute “report of the CMA in relation to a restricted PI reference”. In the heading, at the beginning, insert “Restricted PI references:”.
After section 146 insert—
In section 147 (remedial action by Secretary of State), in the heading, at the beginning, insert “Restricted PI references:”.
After section 147 insert—
Section 148 (reversion of the matter) is amended as follows. Omit subsections (3) to (5). For the heading substitute “Restricted PI references: reversion of the matter to CMA”.
After section 148 insert—
Section 149 (intervention notices under section 139(2)) is amended as follows. In subsection (1)(c), for “case” substitute “proposal to accept the undertaking”. In subsection (2), for “case” (in the second place where it occurs) substitute “proposal to accept the undertaking”.
In section 150 (power of veto of Secretary of State: undertakings in lieu), before subsection (1) insert—
Section 151 (further interaction of intervention notices with general procedure) is amended as follows. For subsection (1) substitute— In subsection (2), for the words from “, the Commission” to the end substitute “at a time after the Secretary of State has made a restricted PI reference or a full PI reference, the CMA shall proceed as if the reference concerned had instead been made under section 131 (in accordance with the requirements imposed by this Part).” In subsection (4), for the words from “, the Commission shall” to the end substitute “, the CMA shall proceed as if the restricted PI reference or (as the case may be) the full PI reference concerned had instead been made by the CMA under section 131 (in accordance with the requirements imposed by this Part).” For the heading, substitute “Public interest intervention cases: interaction with general procedure”.
In section 152 (certain duties in relation to providing information), omit subsection (2).
In section 155 (undertakings in lieu: procedural requirements), in subsection (3)(a), at the end insert “or (but for the effect of section 140A(3)) it would have had power to make and which it would otherwise have intended to make”.
Section 157 (interim undertakings: Part 4) is amended as follows. In subsection (1)(b), after “143(3)” insert “or (as the case may be) 143A(3)”. In subsection (6)—
In section 158 (interim orders: Part 4), in subsection (1)(b), after “143(3)” insert “or (as the case may be) 143A(3)”.
In section 159 (final undertakings: Part 4), in subsection (2), after “147” insert “or (as the case may be) 147A”.
Section 160 (order-making power where final undertakings not fulfilled: Part 4) is amended as follows. In subsection (2), for “or (as the case may be) 147(2)” substitute “, 147(2) or (as the case may be) 147A(2)”. In subsection (3), for “or (as the case may be) 147” substitute “or 147 or (as the case may be) subsections (3) and (4) of section 147A”.
In section 161 (final orders: Part 4), in subsection (2), after “147” insert “or (as the case may be) 147A”.
In section 169 (certain duties of relevant authorities to consult: Part 4), in subsection (6)—
in the definition of “relevant authority”, at the end insert “or the Secretary of State”,
in the definition of “relevant decision”, in paragraph (b), after “appropriate Minister” (in the first place where it occurs) insert “(other than the Secretary of State acting alone)”, and
also in that definition, after paragraph (b) insert—
Section 172 (further publicity requirements: Part 4) is amended as follows. In subsection (1), in paragraph (a), after “section 131” insert “, other than a reference treated as so made by virtue of section 140A(5)(b)”. In subsection (2), omit paragraph (d). In subsection (3)— In subsection (7), omit “or (2)(d)”. In subsection (7A) (inserted by Schedule 12), at the end insert “or (3)(da)”. In subsection (8), in paragraph (a), after “146(2)” insert “or 146A(2)”. In subsection (10), after “147(2)” insert “or 147A(2)”.
In section 177 (excisions from reports: Part 4), in subsection (5), omit “, 143(2) and (5) to (7), 148(3) to (5)”.
Section 183 (interpretation: Part 4) is amended as follows. In subsection (3), in paragraph (a), for the words before sub-paragraph (i) substitute “where the reference is made under section 131 or 132—”. In that subsection, in paragraph (b)— In subsection (4)(c), after “(b)(viii)” insert “or (ix)”. In subsection (5), for “or (vi)” substitute “, (vi) or (via)”. In subsection (6), after “(b)(viii)” insert “and (ix)”.
Section 184 (index of defined expressions in Part 4) is amended as follows. Adverse public interest finding Section 146A(3) Full PI reference Section 140A(12) Public interest expert Section 141B(4) Restricted PI reference Section 140A(12)
Section 36(8)
Section 38
Section 41
The 1998 Act is amended as follows.
Section 28 (power to enter business premises under a warrant) is amended as follows. In subsection (1), for the words before paragraph (a) substitute “On an application made to it by the CMA, the court or the Tribunal may issue a warrant if it is satisfied that—”. In subsection (3), for “the judge” substitute “the court or (as the case may be) the Tribunal”. After subsection (7) insert—
Section 28A (power to enter domestic premises under a warrant) is amended as follows. In subsection (1), for the words before paragraph (a) substitute “On an application made to it by the CMA, the court or the Tribunal may issue a warrant if it is satisfied that—”. In subsection (3), for “the judge” substitute “the court or (as the case may be) the Tribunal”. After subsection (8) insert—
In section 61 (interpretation of Part 2), after the definition of “the Treaty” insert—.
Section 62 (power to enter business premises under a warrant: Article 20 inspections) is amended as follows. In subsection (1), for the words before paragraph (a) substitute “On an application made to it by the CMA, the High Court or the Tribunal must issue a warrant if it is satisfied that—”. After subsection (8) insert—
Section 62A (power to enter non-business premises under a warrant: Article 21 inspections) is amended as follows. In subsection (1), for the words before paragraph (a) substitute “On an application made to it by the CMA, the High Court or the Tribunal must issue a warrant if it is satisfied that—”. After subsection (10) insert—
Section 63 (power to enter business premises under a warrant: Article 22(2) inspections) is amended as follows. In subsection (1), for the words before paragraph (a) substitute “On an application made to it by the CMA, the High Court or the Tribunal must issue a warrant if it is satisfied that—”. After subsection (8) insert—
“the Tribunal;” “Tribunal rules;”
Section 65G (power to enter business premises under a warrant: Article 22(1) investigations) is amended as follows. In subsection (1), for the words before paragraph (a) substitute “On an application made to it by the CMA, the court or the Tribunal may issue a warrant if it is satisfied that—”. In subsection (3), for “the judge” substitute “the court or (as the case may be) the Tribunal”. After subsection (8) insert—
Section 65H (power to enter domestic premises under a warrant: Article 22(1) investigations) is amended as follows. In subsection (1), for the words before paragraph (a) substitute “On an application made to it by the CMA, the court or the Tribunal may issue a warrant if it is satisfied that—”. In subsection (3), for “the judge” substitute “the court or (as the case may be) the Tribunal”. After subsection (8) insert—
Section 51(5)
Section 57
Section 60(5) In the Planning (Listed Buildings and Conservation Areas) Act 1990, after Schedule 2 insert—
Section 63
Section 71(2)
Section 71(3)
The Insolvency Act 1986 is amended in accordance with this Schedule.
In section 253 (application for interim order), omit subsection (5).
In section 255 (cases in which interim order can be made), in subsection (1)(b) for “petition for his own bankruptcy” substitute “make a bankruptcy application”.
Section 256A (debtor’s proposal and nominee’s report) is amended as follows. In subsection (1) omit the words from “unless” to the end. In subsection (3) for “petition for his own bankruptcy” substitute “make a bankruptcy application”.
For the heading to Chapter 1 of Part 9 substitute “The court: bankruptcy petitions and bankruptcy orders”.
In section 264 (who may present a bankruptcy petition), in subsection (1) omit paragraph (b).
For section 265 (conditions to be satisfied in respect of debtor) substitute—
In section 266 (bankruptcy petitions: other preliminary conditions), in subsection (4) omit “, (b)”.
Sections 272 to 274A (and the cross-heading immediately preceding those sections) (debtor’s petition) are repealed. In consequence of the repeal of section 274A by sub-paragraph (1), omit paragraph 3 of Schedule 20 to the Tribunals, Courts and Enforcement Act 2007 (debt relief orders: consequential amendments).
For the cross-heading immediately before section 278 substitute—CHAPTER 1A.
In section 278 (commencement and continuance), in paragraph (b) (discharge of bankruptcy order) omit “the following provisions of”.
In section 279 (duration of bankruptcy), in subsection (6) for “adjudged” substitute “made”.
In section 282 (court’s power to annul bankruptcy order), in subsection (2)—
omit “, (b)”,
after “section 264(1)” insert “or on a bankruptcy application”, and
in paragraph (a) after “pending” insert “or the application was ongoing”.
In section 283 (definition of bankrupt’s estate), in subsection (5)(a) for “adjudged” substitute “made”.
Section 284 (restrictions on dispositions of property) is amended as follows. In subsection (1) for “adjudged” substitute “made”. In subsection (3) for “presentation of the petition for the bankruptcy order” substitute “making of the bankruptcy application or (as the case may be) the presentation of the bankruptcy petition”. In subsection (4), in paragraph (a) before “petition” insert “bankruptcy application had been made or (as the case may be) that the bankruptcy”.
Section 285 (restriction on proceedings and remedies) is amended as follows. In subsection (1)— In subsection (2) after “proof that” insert “a bankruptcy application has been made or”.
Section 286 (power to appoint interim receiver) is amended as follows. Omit subsection (2). In subsection (8), for “adjudged” substitute “made”.
In section 288 (statement of affairs), in subsection (1) for “debtor’s petition” substitute “bankruptcy application”.
In section 290 (public examination of bankrupt), in subsection (4)(a) for “adjudged” substitute “made”.
In section 293 (summoning of meeting to appoint first trustee), in subsections (2) and (3) for “court” substitute “prescribed person”.
In section 295 (failure of meeting to appoint trustee), in subsection (3) for “court” substitute “prescribed person”.
Section 297 (appointment of trustee of bankrupt’s estate: special cases) is amended as follows. Omit subsection (4). In subsection (6) omit “(4) or”.
In section 298 (removal of trustee and vacation of office), in subsections (7) and (8) for “court” substitute “prescribed person”.
Section 299 (release of trustee) is amended as follows. In subsection (1)(a) for “to the court” substitute “under this paragraph to the prescribed person”. In subsection (3)(a) for “court” substitute “prescribed person”.
Section 320 (court order vesting disclaimed property) is amended as follows. In subsection (2)(c) before “bankruptcy” insert “bankruptcy application was made or (as the case may be) the”. In subsection (3)(c) before “bankruptcy” insert “bankruptcy application was made or (as the case may be) the”.
In section 321 (orders under section 320 in respect of leaseholds), in subsection (1)(a) before “bankruptcy” insert “bankruptcy application was made or (as the case may be) the”.
In section 323 (mutual credit and set-off), in subsection (3) before “a bankruptcy” insert “proceedings on a bankruptcy application relating to the bankrupt were ongoing or that”.
In section 334 (stay of distribution in case of second bankruptcy), in subsection (2) before “presentation of the petition” insert “making of the application or (as the case may be) the”.
Section 336 (rights of occupation etc of bankrupt’s spouse or civil partner) is amended as follows. In subsection (1) for “presentation of the petition for the bankruptcy order” substitute “making of the bankruptcy application or (as the case may be) the presentation of the bankruptcy petition”. In subsection (2) for “adjudged” substitute “made”.
In section 337 (rights of occupation of bankrupt), in subsection (1)—
in paragraph (a) for “adjudged” substitute “made”, and
in paragraph (b) before “bankruptcy petition” insert “bankruptcy application was made or (as the case may be) the”.
In section 339 (transactions at an undervalue), in subsection (1) for “adjudged” substitute “made”.
In section 340 (preferences), in subsection (1) for “adjudged” substitute “made”.
In section 341 (meaning of “relevant time” under sections 339 and 340), in subsection (1)(a) for “presentation of the bankruptcy petition on which the individual is adjudged” substitute “making of the bankruptcy application as a result of which, or (as the case may be) the presentation of the bankruptcy petition on which, the individual is made”.
Section 342 (orders under sections 339 and 340) is amended as follows. In subsection (1) for “adjudged” substitute “made”. In subsection (5)—
In section 342A (recovery of excessive pension contributions), in subsection (1) for “adjudged” substitute “made”.
In section 343 (extortionate credit transactions), in subsection (1) for “adjudged” substitute “made”.
Section 344 (avoidance of general assignment of book debts) is amended as follows. In subsection (1) for “adjudged” substitute “made”. In subsection (2) before “presentation” insert “making of the bankruptcy application or (as the case may be) the”.
In section 345 (contracts to which bankrupt is a party), in subsection (1) for “adjudged” substitute “made”.
Section 346 (enforcement procedures) is amended as follows. In subsections (1) and (2) for “adjudged” substitute “made”. In subsection (3)— In subsection (4)(a) after “while” insert “proceedings on a bankruptcy application are ongoing or (as the case may be)”.
Section 347 (distress, etc) is amended as follows. In subsection (2)— In subsection (3) for “adjudged” substitute “made”.
In section 348 (apprenticeships, etc), in subsection (1)(a) for “petition on which the order was made” substitute “application for the order was made or (as the case may be) the petition for the order”.
In section 350 (application of Chapter 6 of Part 9: bankruptcy offences), in subsection (1) after “applies” insert —.
Section 351 (definitions for the purposes of Chapter 6 of Part 9) is amended as follows. In paragraph (b) before “presentation” insert “making of the bankruptcy application or (as the case may be) the”. Omit paragraph (c), and the preceding “and”.
Section 354 (concealment of property) is amended as follows. In subsection (1)(c) before “petition” insert “the making of the bankruptcy application or (as the case may be) the presentation of the bankruptcy”. In subsection (3)(a) before “petition” insert “the making of the bankruptcy application or (as the case may be) the presentation of the bankruptcy”.
Section 355 (concealment of books and papers; falsification) is amended as follows. In subsection (2)(d) before “petition” insert “the making of the bankruptcy application or (as the case may be) the presentation of the bankruptcy”. In subsection (3)(b) before “petition” insert “the making of the bankruptcy application or (as the case may be) the presentation of the bankruptcy”.
In section 356 (false statements), in subsection (2)(c) before “petition” insert “the making of the bankruptcy application or (as the case may be) the presentation of the bankruptcy”.
In section 358 (absconding), in paragraph (b) before “petition” insert “the making of the bankruptcy application or (as the case may be) the presentation of the bankruptcy”.
Section 359 (fraudulent dealing with property obtained on credit) is amended as follows. In subsection (1) before “petition” insert “the making of the bankruptcy application or (as the case may be) the presentation of the bankruptcy”. In subsection (2) before “petition” insert “the making of the bankruptcy application or (as the case may be) the presentation of the bankruptcy”.
In section 360 (obtaining credit and engaging in business), in subsection (1)(b) for “adjudged” substitute “made”.
Section 364 (power of arrest) is amended as follows. In subsection (1)(a) after “to whom a” insert “bankruptcy application or a”. In subsection (2) before “presentation” insert “making of the bankruptcy application or the”.
In section 376 (time limits), after “anything” insert “(including anything in relation to a bankruptcy application)”.
Section 381 (definition of “bankrupt” and associated terminology) is amended as follows. In subsection (1) for “adjudged” (in both places where it occurs) substitute “made”. After subsection (1) insert— In subsection (2) for “adjudging” substitute “making”.
In section 383 (definition of “creditor” etc.), in subsection (1)(b)—
after “to whom a” insert “bankruptcy application or”, and
after “that” insert “application or”.
In section 384 (definitions of “prescribed” and “the rules”), in subsection (1) omit “section 273;”.
In section 385 (miscellaneous definitions), in subsection (1)—
before the definition of “the court” insert—,
in the definition of “the debtor”, in paragraph (b)—
before “bankruptcy petition” insert “bankruptcy application or a”, and
after “to whom the” insert “application or”,
omit the definition of “debtor’s petition”, and
before the definition of “dwelling house” insert—.
In section 387 (meaning of “the relevant date”), in subsection (6)(a) after “after” insert “the making of the bankruptcy application or (as the case may be)”.
In section 389A (authorisation of nominees and supervisors), in subsection (3)(a) for “adjudged” substitute “made”.
In section 390 (persons not qualified to act as insolvency practitioners), in subsection (4)(a) for “adjudged” substitute “made”.
Section 415 (fees orders) is amended as follows. In subsection (1)— After subsection (1) insert—
In section 421A (insolvent estates: joint tenancies), in subsection (9) in the definition of “value lost to the estate”, for “adjudged” substitute “made”.
In section 424 (who may apply for an order under section 423 in respect of transactions entered into at an undervalue), in subsection (1)(a) for “adjudged” substitute “made”.
In Schedule 4ZA (conditions for making a debt relief order), for paragraph 3 substitute—
In Schedule 4A (bankruptcy restrictions orders), paragraph 2 is amended as follows. In sub-paragraph (2)— In sub-paragraph (4) omit the definition of “before petition”.
in paragraph (a), for the words from “petition” to the end substitute “the making of the bankruptcy application or (as the case may be) the presentation of the bankruptcy petition and ending with the date of the application for the bankruptcy restrictions order”, and
in paragraph (j), for “presentation of the petition” substitute “the making of the bankruptcy application or (as the case may be) the presentation of the bankruptcy petition”.
In Schedule 6 (categories of preferential debts), in paragraph 14(1) for “adjudged” substitute “made”.
Schedule 9 (provisions capable of inclusion in individual insolvency rules) is amended as follows. After paragraph 4 insert— After paragraph 4B (as inserted by sub-paragraph (2)) insert— After paragraph 24 insert—
263O False representations or omissions in connection with a bankruptcy application. On indictment Summary 7 years or a fine, or both. 12 months or the statutory maximum, or both. In the application of the entry inserted by sub-paragraph (1) in relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (limit on magistrates’ court powers to impose imprisonment), the reference in the fourth column to “12 months” is to be read as a reference to “6 months”.
Section 72(4)
In section 28 of the Rent (Agriculture) Act 1976 (duty of housing authority upon receiving application that agricultural worker be re-housed etc), in subsection (3), for “The authority” substitute “If the dwelling-house is in Wales, the authority”.
The repeals and revocations in the following table have effect. Reference Extent of repeal or revocation Agricultural Wages Act 1948 (c. 47) Section 1. In section 2— in subsection (1)— the words “England and”, and paragraph (a), and subsection (4). Sections 3 to 4. Sections 6 to 16. In section 17— in subsection (1), the definition of “the national minimum wage”, and subsection (1A). Sections 17A to 19. Schedules 1, 2 and 4. The Agricultural Wages Committee Regulations 1949 (S.I. 1949/1885) Regulation 3(2)(a) and the word “and” after it. Regulation 16. Public Records Act 1958 (c. 51) In the table at the end of paragraph 3 of Schedule 1, the words “Agricultural Wages Board.” Parliamentary Commissioner Act 1967 (c. 13) In Schedule 2, the words “Agricultural Wages Board for England and Wales.” Agriculture Act 1967 (c. 22) Section 67. Agriculture (Miscellaneous Provisions) Act 1968 (c. 34) Section 46. Agricultural Wages Committees (Wages Structure) Regulations 1971 (S.I. 1971/844) The whole instrument. Agricultural Wages Committees (Areas) Order 1974 (S.I. 1974/515) In article 3(1), the words— “Subject to the provisions of this order”, and “an agricultural wages committee for each county in England and”. Article 3(2). Article 4. The Schedule. Social Security (Consequential Provisions) Act 1975 (c. 18) In Schedule 2, paragraph 32. House of Commons Disqualification Act 1975 (c. 24) In Part 3 of Schedule 1, the words “Member appointed by a Minister of the Crown of the Agricultural Wages Board for England and Wales.” Northern Ireland Assembly Disqualification Act 1975 (c. 25) In Part 3 of Schedule 1, the words “of the Agricultural Wages Board for England and Wales or”. Social Security Pensions Act 1975 (c. 60) In Schedule 4, paragraph 10. Employment Protection Act 1975 (c. 71) Section 97(1) and (2). Schedule 9. In Schedule 17, paragraph 12. Agriculture (Miscellaneous Provisions) Act 1976 (c. 55) In section 4(1)(c), the words from “(including” to the end. Agricultural Wages Committees (New Combinations of Counties) Order 1981 (S.I. 1981/179) The whole order. Agricultural Wages Committee (Cleveland, Durham, Northumberland and Tyne and Wear) Order 1989 (S.I. 1989/1173) The whole order. Social Security (Consequential Provisions) Act 1992 (c. 6) In Schedule 2, paragraph 4. Agricultural Wages Committees (Areas) (England) Order 1995 (S.I. 1995/3186) The whole order. Employment Rights Act 1996 (c. 18) In section 35— in subsection (2), paragraph (a) and the word “or” at the end of that paragraph, and in subsection (3), paragraph (b) and the “and” before that paragraph. National Minimum Wage Act 1998 (c. 39) In section 16(6)— in the definition of “the agricultural wages legislation”, paragraph (a), and in the definition of “relevant authority”, paragraphs (a), (b) and (c). In section 16A(5)— in the definition of “enforcement officer”, paragraph (b), and in the definition of “the relevant legislation”, paragraph (b). Section 46(4)(a). In section 47— subsection (1)(a), subsection (2)(a) and (d), subsection (4)(a), in subsection (4)(b), the words “(similar provision for Scotland)”, and subsection (6)(a). In section 55(1), in the definition of “regulations”, the words “by the Secretary of State and the Minister of Agriculture, Fisheries and Food acting jointly or”. Part 1 of Schedule 2. National Minimum Wage Regulations 1999 (S.I. 1999/584) Regulation 38(5)(a). Freedom of Information Act 2000 (c. 36) In Part 6 of Schedule 1, the words “An Agricultural Wages Board for England and Wales”. Criminal Justice Act 2003 (c. 44) In Schedule 25, paragraph 28. Employment Relations Act 2004 (c. 24) Section 47. In Schedule 1, paragraph 1. Public Contracts Regulations 2006 (S.I. 2006/5) In Schedule 1, in the entry relating to the Agricultural Wages Board and agricultural wages committees, the words “Board and”. Employment Act 2008 (c. 24) Section 8(6). Section 9(6). Public Contracts (Scotland) Regulations 2012 (S.S.I. 2012/88) In Schedule 1, in the entry relating to the Agricultural Wages Board and agricultural wages committees, the words “Board and”.
Section 73
In consequence, the repeals in the following table have effect. Short title and chapter Extent of repeal Post Office Act 1969 (c. 48) Section 3. Customs and Excise Management Act 1979 (c. 2) In paragraph 12 of Schedule 4, the entries in the table relating to the Wireless Telegraphy Act 1967. Broadcasting Act 1990 (c. 42) Section 180. Part 2 of Schedule 18. Communications Act 2003 (c. 21) Section 367. Section 393(5)(c). Section 404(4)(d). In Schedule 17, paragraph 39. Wireless Telegraphy Act 2006 (c. 36) Section 111(6)(a). Section 118(6)(a). In Schedule 7, paragraph 2.
Section 77(4)
In the Copyright, Designs and Patents Act 1988, before Schedule 1 insert—
Schedule 2A to the Copyright, Designs and Patents Act 1988 (licensing of performers’ property rights) is amended as follows.
In the heading of the Schedule omit “property”.
Schedule A1 confers powers to provide for the regulation of licensing bodies.
After paragraph 1 insert—
In section 205A of the Copyright, Designs and Patents Act 1988, and in the italic heading before that section (licensing of performers’ property rights), omit “property”.