SCHEDULES

SCHEDULE 5Amendments related to Part 3

PART 2Transfer of functions under the 2002 Act to the CMA

Part 3

I1138

1

Section 106 (advice and information about references under sections 22 and 33) is amended as follows.

2

In subsection (1)—

a

omit “As soon as reasonably practicable after the passing of this Act,”,

b

for “the OFT” substitute “ The CMA ”, and

c

for the words from “the making” to the end of the subsection substitute

a

the making and consideration by it of references under section 22 or 33, and

b

the way in which relevant customer benefits may affect the taking of enforcement action in relation to such references.

3

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

4

Omit subsections (3) and (4).

5

In subsection (5), in paragraph (b), for “OFT or (as the case may be) the Commission” substitute “ CMA ”.

6

In subsection (6)—

a

omit “or (3)”, and

b

for “OFT or (as the case may be) the Commission” substitute “ CMA ”.

7

In subsection (7)—

a

for “OFT or the Commission” substitute “ CMA ”, and

b

for “OFT or (as the case may be) the Commission” substitute “ CMA ”.

8

In subsection (8), for “OFT shall consult the Commission and such other persons” substitute “ CMA shall consult such persons ”.

9

Omit subsection (9).