Explanatory Notes

Enterprise and Regulatory Reform Act 2013

2013 CHAPTER 24

25 April 2013

Commentary on Sections

Part 3: the Competition and Markets Authority and Part 4: Competition Reform

Part 3: the Competition and Markets Authority

Section 28: Transitional provision: consultation

199.Provisions of the Act, and provisions added to other legislation by the Act, provide for the CMA to consult other persons when it prepares particular rules, statements of policy, guidance or general advice and information. Section 28 allows the OFT or the CC (or both jointly) to carry out any such consultation before the provision in question comes into force and, once the provision has come into force, allows the CMA to treat the consultation as having been carried out by the CMA. This will enable consultations to take place on behalf of the CMA on such matters as CMA guidance before the CMA becomes fully operational. Subsection (4) also enables the Secretary of State to direct the CC or the OFT (or both jointly) to carry out such consultations.