SCHEDULES
SCHEDULE 4The Competition and Markets Authority
PART 1General
Concurrency report
I116
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.