SCHEDULES

SCHEDULE 5Amendments related to Part 3

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

Part 4

I1194

1

Section 162 (duty to monitor undertakings and orders: Part 4) is amended as follows.

2

In subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

3

In subsection (3)—

a

in the words before paragraph (a)—

i

for “OFT” substitute “ CMA ”, and

ii

omit “the Commission or (as the case may be)”,

b

in paragraph (a)—

i

omit “the Commission or (as the case may be)”, and

ii

omit “it (or as the case may be)”,

c

in paragraphs (b) to (d), omit “the Commission or (as the case may be)” (in each place where it occurs), and

d

in paragraph (e), for “167(6) to (8)” substitute “ 167(6) and (7) ”.

4

In subsection (4)—

a

in the words before paragraph (a), for “OFT” substitute “ CMA ”, and

b

after paragraph (b) (but before the “or” following it) insert—

ba

any possible variation or release by it of an enforcement undertaking accepted by it;

bb

any possible new enforcement undertaking to be accepted by it so as to supersede another enforcement undertaking given to it;

bc

any possible variation or revocation by it of an enforcement order made by it;

bd

any possible enforcement undertaking to be accepted by it instead of an enforcement order or any possible enforcement order to be made by it instead of an enforcement undertaking;

5

In subsections (5) and (6), for “OFT” (in each place where it occurs) substitute “ CMA ”.

6

In subsection (7)—

a

in the words before paragraph (a), for “OFT” substitute “ CMA ”,

b

omit paragraph (a), and

c

in paragraph (b), for “the report” substitute “ any report prepared by it under subsection (6) ”.

7

In the heading, for “OFT” substitute “ CMA ”.