SCHEDULES

SCHEDULE 5U.K.Amendments related to Part 3

PART 2 U.K.Transfer of functions under the 2002 Act to the CMA

Part 4U.K.

194(1)Section 162 (duty to monitor undertakings and orders: Part 4) is amended as follows.U.K.

(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 ”.