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
18
1
Schedule 24 (transitional and transitory provisions and savings)13 is amended as follows.
2
Omit paragraphs 1 and 3 to 5.
3
In paragraph 15 (transitional provisions regarding enforcement undertakings and orders)—
a
after sub-paragraph (2), insert—
2A
Subject to sub-paragraph (3), the functions of the CMA under section 94(6) as applied by virtue of sub-paragraph (1) or (2) are to be carried out on its behalf by the CMA Board (within the meaning of Schedule 4 to the Enterprise and Regulatory Reform Act 2013).
b
in sub-paragraph (3), in the wording after paragraph (b), for “the Commission” substitute “a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013”.
4
In paragraph 16 (powers to supersede, vary or release undertakings)—
a
in sub-paragraphs (2) and (3), for “relevant authority” (in each place where it occurs) substitute “CMA”,
b
in sub-paragraph (4), for “OFT” substitute “CMA”,
c
in sub-paragraph (5), for “relevant authority” substitute “CMA”, and
d
for sub-paragraph (6) substitute—
6
The functions of the CMA under this paragraph are to be carried out on its behalf—
a
in the case of an undertaking accepted in pursuance of a proposal under section 56A of the 1973 Act or an undertaking under section 56F or 75G of that Act, by the CMA Board (within the meaning of Schedule 4 to the Enterprise and Regulatory Reform Act 2013), and
b
in the case of an undertaking accepted under section 88 of that Act, by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013.
5
In paragraph 17—
a
in sub-paragraph (1), for “Commission” substitute “CMA”,
b
in sub-paragraph (2), for “OFT” substitute “CMA”,
c
in sub-paragraph (3)—
i
for “Commission” substitute “CMA”, and
ii
for the words from “sub-paragraph (1)” to “sub-paragraph (2),” substitute “sub-paragraphs (1) and (2)”,
d
in sub-paragraph (4)—
i
for “Commission” substitute “CMA”, and
ii
for the words from “sub-paragraph (1)” to “sub-paragraph (2),” substitute “sub-paragraphs (1) and (2)”,
e
in sub-paragraph (5), for “Commission or the OFT” substitute “CMA”, and
f
after sub-paragraph (5) insert—
6
The functions of the CMA under this paragraph are to be carried out on its behalf—
a
in the case of an order under sub-paragraph (1), by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, and
b
in the case of an order under sub-paragraph (2), by the CMA Board (within the meaning of Schedule 4 to the Enterprise and Regulatory Reform Act 2013).
6
In paragraph 18—
a
after sub-paragraph (1), insert—
1A
Subject to sub-paragraph (2), the functions of the CMA under section 94(6) as applied by virtue of sub-paragraph (1) are to be carried out on its behalf by the CMA Board (within the meaning of Schedule 4 to the Enterprise and Regulatory Reform Act 2013).
b
in sub-paragraph (2)—
i
for “the Commission” (where it first appears) substitute “a group constituted by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (“CMA group”)”,
ii
for “it” substitute “a CMA group”,
iii
for “the Commission” (where it next appears) substitute “a CMA group”.