The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014
1Citation, commencement, interpretation and extent
2Consequential amendments to other legislation etc.
3Continuity of functions
SCHEDULE 1TRANSFER OF FUNCTIONS OF OFT AND COMPETITION COMMISSION TO CMA AND AMENDMENTS CONSEQUENTIAL ON PARTS 3 AND 4 OF THE ACT
PART 1Amendments to the Enterprise Act 2002
1The Enterprise Act 2002 is amended as follows.
2In section 8A (exclusion of public consumer advice scheme), for...
3In section 109 (attendance of witnesses and production of documents...
4In section 205 (super-complaints to regulators other than OFT), in...
5In section 206 (power to modify Schedule 8), in subsection...
6In section 213 (enforcers), in subsections (1)(a) and (5A)(a), for...
7In section 214 (consultation), in subsections (1)(b) and (3), for...
8In section 215 (applications), in subsection (9), for “OFT” (in...
9In section 216 (applications: directions by OFT), in subsections (1)...
10In section 219 (undertakings), in subsection (6), for “OFT” substitute...
11In section 220 (further proceedings), in subsections (2) and (6),...
12In section 224 (OFT), in subsections (1) and (2) and...
13In section 225 (other enforcers), in subsections (1)(a) and (c),...
14(1) Section 229 (advice and information) is amended as follows....
15(1) Section 230 (notice to OFT of intended prosecution) is...
16In section 231 (notice of convictions and judgments to OFT),...
17In Schedules 14 and 15 (provisions concerning disclosure of information),...
18(1) Schedule 24 (transitional and transitory provisions and savings) is...
PART 2Amendments to other Acts of Parliament
19Registered Designs Act 1949
20(1) Section 11A (powers exercisable for protection of the public...
21(1) Section 11AB (powers exercisable following merger and market investigations)...
22Agricultural Marketing Act 1958
23In section 19A (agricultural marketing schemes – intervention on competition...
24In section 47(2) (restrictions on disclosing certain information obtained under...
25Public Records Act 1958
26Parliamentary Commissioner Act 1967
27Superannuation Act 1972
28Fair Trading Act 1973
29House of Commons Disqualification Act 1975
30Northern Ireland Assembly Disqualification Act 1975
31Patents Act 1977
32(1) Section 50A (powers exercisable following merger and market investigations)...
33(1) Section 51 (powers exercisable in consequence of report of...
34In section 53 (compulsory licences; supplementary provisions), in subsection (2),...
35Competition Act 1980
36(1) Section 11B (references under section 11: powers of investigation...
37In section 11D (interim orders), in subsection (7)—
38Civil Aviation Act 1982
39Telecommunications Act 1984
40(1) Section 101 (general restrictions on disclosure of information) is...
41In section 106 (general interpretation), omit the definition of “the...
42Companies Act 1985
43Airports Act 1986
44Gas Act 1986
45In section 4B (exceptions from sections 4AA to 4A), in...
46In section 4D (Authority to consult and cooperate with other...
47In section 27 (modification by order under other enactments), in...
48In section 34 (general functions), in subsection (4), for “the...
49In section 35 (publication of advice and information about consumer...
50(1) Section 36A (functions with respect to competition) is amended...
51(1) Section 41EB (references under section 41E: application of Enterprise...
52Company Directors Disqualification Act 1986
53In the following provisions, for “OFT” (in each place where...
54In section 9D (co-ordination), in subsection (2), after paragraph (b),...
55Copyright, Designs and Patents Act 1988
56In section 98 (undertaking to take licence of right in...
57(1) Section 144 (powers exercisable in consequence of report of...
58In section 238 (powers exercisable for protection of the public...
59In paragraph 17 of Schedule 2A (licensing of performer’s rights:...
60Water Act 1989
61Electricity Act 1989
62In section 3D (exceptions from sections 3A to 3C), in...
63In section 3F (Authority to consult and cooperate with other...
64In section 15 (modification by order under other enactments), in...
65(1) Section 43 (functions with respect to competition) is amended...
66In section 47 (general functions), in subsection (3), for “the...
67In section 48 (publication of information and advice), in subsection...
68(1) Section 56CB (references under section 56C: application of Enterprise...
69Companies Act 1989
70Broadcasting Act 1990
71In section 193 (modification of networking arrangements in consequence of...
72(1) Section 194A (modification of Restrictive Trade Practices Act 1976...
73Water Industry Act 1991
74In section 2 (general duties with respect to water industry),...
75(1) Section 14B (references under section 14: powers of investigation)...
76(1) Section 16B (competition authority’s power of veto following report:...
77In section 17 (modification by order under other enactments), in...
78(1) Section 17M (references under section 17K: powers of investigation)...
79(1) Section 17Q (section 17P: supplementary) is amended as follows....
80In section 17R (modification by order under other enactments), in...
81In section 27 (general duty of Authority to keep matters...
82In section 27E (provision of advice and information to public...
83In section 29A (power of Council to investigate other matters),...
84(1) Section 31 (functions of Authority with respect to competition)...
85In section 32 (duty to refer merger of water or...
86In section 33 (exclusion of small mergers from duty to...
87In section 35 (construction of merger provisions), in subsections (3)...
88In section 66D (sections 66A to 66C: determinations and agreements),...
89In section 192B (annual and other reports), in subsection (1),...
90In section 195 (the Authority’s register), in subsection (2)(b), for...
91In section 201 (publication of certain information and advice), in...
92(1) Section 206 (restriction on disclosure of information) is amended...
93(1) Schedule 4ZA (application of provisions of Enterprise Act 2002...
94In Schedule 15 (disclosure of information)— (a) in Part 1...
95Water Resources Act 1991
96In section 204 (restriction on disclosure of information), in subsections...
97In Schedule 24 (disclosure of information)— (a) in Part 1...
98Tribunals and Inquiries Act 1992
99Railways Act 1993
100In section 4 (general duties of the Secretary of State...
101(1) Section 13B (references under section 13: application of Enterprise...
102(1) Section 15C (sections 15A and 15B: supplementary) is amended...
103In section 16 (modification by order under other enactments), in...
104In section 22 (amendment of access agreements), in subsection (6A),...
105(1) Section 67 (competition functions) is amended as follows.
106In section 69 (general functions), in subsection (3), for “the...
107In section 71 (publication of information and advice), in subsection...
108In section 72 (keeping of register by the Office of...
109(1) Section 145 (general restrictions on disclosure of information) is...
110Schedule 4A (review of access charges by the Regulator) is...
111(1) Paragraph 10A (references under paragraph 9: application of Enterprise...
112(1) Paragraph 15 (paragraphs 13 and 14: supplementary) is amended...
113Coal Industry Act 1994
114Channel Tunnel Rail Link Act 1996
115Police Act 1997
116(1) Section 93 (authorisations to interfere with property etc) is...
117In section 94 (authorisations given in absence of authorising officer),...
118Data Protection Act 1998
119Greater London Authority Act 1999
120Financial Services and Markets Act 2000
121(1) Section 140A (interpretation) is amended as follows.
122Section 140B (advice about effect of regulating provision or practice)...
123In section 140C (consultation with regulator), for “a competition authority”...
124(1) Section 140D (investigation powers of OFT) is amended as...
125For section 140E (publication by OFT of section 140B advice)...
126(1) Section 140F (duty of Competition Commission to send report...
127(1) Section 140H (role of the Treasury) is amended as...
128(1) Section 234H (power of FCA to make request to...
129In section 313 (interpretation of Part 18), omit the definition...
130In section 399 (misleading the OFT)— (a) for “the Office...
131In section 417 (definitions), in the definition of “the Commission”...
132In section 427 (transitional provisions), in subsection (3)(a), for “,...
133Regulation of Investigatory Powers Act 2000
134In section 32 (authorisation of intrusive surveillance), in subsections (3A)...
135(1) Section 33 (rules for grant of authorisations) is amended...
136(1) Section 34 (grant of authorisations in the senior officer’s...
137(1) Section 35 (notification of authorisations for intrusive surveillance) is...
138(1) Section 36 (approval required for authorisations to take effect)...
139In section 37 (quashing of police and Revenue and Customs...
140In section 40 (information to be provided to Surveillance Commissioners),...
141In section 46 (restrictions on authorisations extending to Scotland), in...
142In section 48 (interpretation of Part 2)—
143In Part 1 of Schedule 1 (relevant authorities for the...
144Utilities Act 2000
145In section 8 (payments by licence holders relating to new...
146(1) Section 105 (general restrictions on disclosure of information) is...
147Freedom of Information Act 2000
148Terrorism Act 2000
149Transport Act 2000
150(1) Section 12B (references under section 12: application of Enterprise...
151(1) Section 18 (sections 15 and 16: general) is amended...
152In section 19 (modification by order under other enactments), in...
153In section 85(1) (interpretation of Chapter 5), for paragraph (c)...
154(1) Section 86 (concurrent competition functions) is amended as follows....
155(1) Section 89 (carrying out functions) is amended as follows....
156In section 90 (publication of information and advice), in subsection...
157In section 91 (review and information), in subsections (3) and...
158In Schedule 9 (air traffic: information)— (a) in paragraph 3(1)(a),...
159Proceeds of Crime Act 2002
160Communications Act 2003
161(1) Section 370 (OFCOM’s functions under Part 4 of the...
162(1) In section 371 (OFCOM’s functions under the Competition Act...
163Omit section 388 (alterations concerning newspaper panel of Competition Commission)....
164(1) In section 393 (general restrictions on disclosure of information)—...
165In Schedule 11 (approval, imposition and modification of networking arrangements),...
166Gambling Act 2005
167Companies Act 2006
168In Part 2 of Schedule 2 (specified descriptions of disclosures),...
169In Part 2 of Schedule 11A (specified descriptions of disclosures)—...
170Compensation Act 2006
171Wireless Telegraphy Act 2006
172Consumers, Estate Agents and Redress Act 2007
173In section 24 (provision of information to the Council), in...
174In section 27 (provision of information by the Council), in...
175Legal Services Act 2007
176(1) Section 57 (reports by competition authority) is amended as...
177In section 60(9) (duties of the competition authority)—
178Regulatory Enforcement and Sanctions Act 2008
179In section 12 (relationship with other regulators), in subsection (2)(e),...
180In section 73 (functions to which section 72 applies), in...
181In Schedule 5 (designated regulators), in the list of regulators—...
182Equality Act 2010
183Public Bodies Act 2011
184Postal Services Act 2011
185In section 51 (consumer protection conditions), in subsection (4A), for...
186In section 56 (general restriction on disclosure of information), in...
187Health and Social Care Act 2012
188(1) In section 72 (functions under the Competition Act 1998),...
189(1) Section 73 (functions under Part 4 of the Enterprise...
190In section 74 (competition functions: supplementary), in subsections (1) and...
191In section 79 (mergers involving NHS foundation trusts), for “Office...
192(1) Section 80 (co-operation) is amended as follows.
193In section 97 (conditions: supplementary), in subsection (1)(d), for “Office...
194In section 102 (modification by order under other enactments), in...
195(1) Paragraph 10 of Schedule 10 (references by Monitor to...
196Civil Aviation Act 2012
197(1) Section 60 (functions under Part 4 of the Enterprise...
198(1) Section 61 (Enterprise Act 2002: supplementary) is amended as...
199(1) Section 62 (functions under Competition Act 1998) is amended...
200In section 63 (Competition Act 1998: supplementary), for “Office of...
201In section 64 (review etc of airport operation services), in...
202In section 65 (power to modify CAA’s competition powers) in...
203(1) Schedule 6 (restrictions on disclosing information) is amended as...
204Groceries Code Adjudicator Act 2013
205In section 13 (recommendations to Office of Fair Trading), at...
206In section 14 (annual report), in subsections (4) and (5)(b),...
207In section 15 (review of Adjudicator and guidance from Secretary...
208In Schedule 1 (the Adjudicator), in paragraph 17 (assistance from...
PART 3Amendments to other enactments
209Agricultural Marketing Act (Northern Ireland) 1964
210Agricultural Marketing (Northern Ireland) Order 1982
211Electricity (Northern Ireland) Order 1992
212In Article 15 (modification references), in paragraph (9A)—
213(1) Article 15B (references under Article 15: powers of investigation)...
214(1) Article 17A (competition authority’s power to veto modifications following...
215In Article 18 (modification by order under other statutory provisions),...
216(1) Article 46 (functions with respect to competition) is amended...
217Gas (Northern Ireland) Order 1996
218(1) Article 15B (references under Article 15: powers of investigation)...
219(1) Article 17A (competition authority’s power to veto modifications following...
220In Article 18 (modification by order under other statutory provisions),...
221(1) Article 23 (functions with respect to competition) is amended...
222Water (Northern Ireland) Order 1999
223Company Directors Disqualification (Northern Ireland) Order 2002
224In Article 2 (interpretation), in paragraph (2)—
225In Article 12 (variation etc. of disqualification undertaking), in paragraph...
226In Article 13A (competition disqualification order), in paragraph (10), for...
227In Article 13B (competition undertakings), in paragraphs (1), (2) and...
228In Article 13C (competition investigations), for “OFT” (in each place...
229In Article 13D (co-ordination), in paragraph (2), after sub-paragraph (a),...
230In Article 20 (application for disqualification order), in paragraph (4),...
231In Article 21 (application for leave under an order or...
232In Article 22 (register of disqualification orders and undertakings), in...
233Energy (Northern Ireland) Order 2003
234In Article 2 (interpretation), in paragraph (1), after the definition...
235In Article 7 ((publication by Authority of advice and information...
236In Article 8A (duty on the Authority to have regard...
237In Article 13 (exceptions from the general duties), in paragraph...
238In Article 15 (exceptions from the general duties), in paragraph...
239In Article 18 (provision of advice and information to public...
240In Article 23 (power of Council to investigate other matters),...
241(1) Article 63 (general restrictions on disclosure of information) is...
242Schedule 2 (orders altering licensable activities) is amended as follows....
243(1) Paragraph 5 (references under paragraph 3: application of Enterprise...
244Water Services etc. (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005
245(1) Article 5 (references: powers of investigation) is amended as...
246(1) Article 10 (article 9: supplementary) is amended as follows....
247Water and Sewerage Services (Northern Ireland) Order 2006
248In Article 5 (annual report of the Authority), in paragraph...
249In Article 6 (general duties with respect to water industry),...
250(1) Article 23 (references under Article 21: powers of investigation)...
251(1) Article 27 (competition authority’s power to veto modifications following...
252In Article 28 (modification by order under other statutory provisions),...
253(1) Article 29 (functions of the Authority with respect to...
254In Article 60 (general duty of the Authority to keep...
255In Article 253 (the Authority’s register), in paragraph (2), in...
256In Article 259 (publication of certain information and advice), in...
257(1) Article 265 (restriction on disclosure of information) is amended...
258Electricity (Single Wholesale Market) (Northern Ireland) Order 2007
259Welsh Language (Wales) Measure 2011
SCHEDULE 2Transitional provision: investigation powers of the CMA
1The amendments made by section 29 of the Act, to...
2The amendments made by the paragraphs of Schedule 1 listed...
3The amendments made by section 36 of, and Schedule 11...
4The amendments made— (a) by paragraph 124 of Schedule 1...

2014 No. 892

Competition

The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014

Made

Coming into force

The Secretary of State, in exercise of the powers conferred by section 99(1), (2) and (3) of the Enterprise and Regulatory Reform Act 20131, makes the following Order:

In accordance with section 99(5) of that Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament: