Enterprise and Regulatory Reform Act 2013

Health and Social Care Act 2012 (c. 7)

139(1)Schedule 12 (procedure on references under section 120) is amended as follows.

(2)In paragraph 2, in sub-paragraph (1), for “Competition Commission” substitute “CMA”.

(3)In the italic cross-heading preceding paragraph 3, for “Commission” substitute “CMA”.

(4)In paragraph 3—

(a)omit sub-paragraph (1),

(b)in sub-paragraph (2)—

(i)for “selected under this paragraph” substitute “constituted by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 for the purpose of carrying out functions of the CMA with respect to a reference under section 120”, and

(ii)for “Commission” substitute “CMA panel”,

(c)omit sub-paragraphs (3) to (6), and

(d)in sub-paragraph (7), for “a group” substitute “the group”.

(5)In paragraph 4—

(a)in sub-paragraph (1), for the words from the beginning to “the determination” substitute “The CMA must make its determination on a reference”,

(b)in sub-paragraph (2), for “that group” substitute “the CMA”, and

(c)in sub-paragraph (3), for “Competition Commission” substitute “CMA”.

(6)In paragraph 5, in sub-paragraph (1)—

(a)for “group with the function of determining a reference” substitute “CMA”, and

(b)for “of the appeal” substitute “on a reference”.

(7)In paragraph 6, in sub-paragraphs (1) and (3), for “Competition Commission” (in each place where it occurs) substitute “CMA”.

(8)In paragraph 7—

(a)in sub-paragraph (1), for “a group with the function of making a determination on a reference under section 120” substitute “the CMA”,

(b)in sub-paragraph (2), for “A group with that function” substitute “The CMA”,

(c)in sub-paragraph (3), for “Competition Commission” substitute “CMA”,

(d)in sub-paragraph (4)—

(i)for “Competition Commission” substitute “CMA”, and

(ii)in paragraph (b), after “evidence” insert “to it” and omit “to a group with that function”,

(e)in sub-paragraph (5), for “group conducting the hearing” substitute “CMA”,

(f)in sub-paragraph (8)—

(i)in paragraph (a), for “Competition Commission” substitute “CMA”, and

(ii)in paragraph (b), for “group conducting the hearing” substitute “CMA”, and

(g)in sub-paragraph (9), for “Competition Commission” substitute “CMA”.

(9)In paragraph 8, in sub-paragraph (1)—

(a)for “Commission” substitute “CMA”, and

(b)for “a group with the function of making a determination on a reference under section 120” substitute “the CMA”.

(10)In paragraph 9, in sub-paragraph (2), for “Commission” substitute “group constituted for the purpose of carrying out functions of the CMA with respect to the reference to which the notice or requirement relates”.

(11)In paragraph 10, in sub-paragraph (2) for the words from “Competition Commission’s” to the end substitute “CMA’s behalf by a member of the group constituted for the purpose of carrying out functions of the CMA with respect to the reference to which the notice relates”.

(12)In paragraph 11—

(a)in sub-paragraph (1), for “Competition Commission” substitute “CMA Board”, and

(b)in sub-paragraphs (4) and (5), for “Commission” substitute “CMA Board”.

(13)In paragraph 12—

(a)for sub-paragraph (1) substitute—

“(1)Where the CMA makes a determination on a reference under section 120 it must make an order requiring the payment to it of the costs it incurred in connection with the reference.”, and

(b)in sub-paragraph (5)—

(i)for “The group that makes a determination on a reference under section 120” substitute “The CMA”, and

(ii)for “the determination” substitute “a determination on a reference under section 120”.