SCHEDULES

SCHEDULE 4The Competition and Markets Authority

PART 1General

Concurrency report

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1

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.

2

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”).

3

The report must, in particular, include information about—

a

the exercise during the year by the CMA of its functions under Part 1 of the 1998 Act or Part 4 of the 2002 Act in cases in which the functions are or were exercisable concurrently by one or more sectoral regulators,

b

the exercise during the year by each sectoral regulator of its functions under Part 1 of the 1998 Act or Part 4 of the 2002 Act, and

c

any decision made during the year by a sectoral regulator, in respect of a case in relation to which the regulator considers that its functions under Part 1 of the 1998 Act were exercisable, that it was more appropriate for it to proceed by exercising functions other than those it has under that Part of that Act.

4

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.

5

In preparing a report under this paragraph, the CMA must consult each sectoral regulator.

6

The CMA must publish a report prepared under this paragraph in whatever way it considers appropriate.

7

Each of the following is a sectoral regulator—

a

the Office of Communications;

b

the Gas and Electricity Markets Authority;

c

the Water Services Regulation Authority;

d

the Office of Rail Regulation;

e

the Northern Ireland Authority for Utility Regulation;

f

the Civil Aviation Authority;

g

Monitor;

F1h

the Payment Systems Regulator established under section 40 of the Financial Services (Banking Reform) Act 2013.

F2i

the Financial Conduct Authority.