Enterprise and Regulatory Reform Act 2013

PART 1Transfer of functions under the 1998 Act to the CMA

1The Competition Act 1998 is amended as follows.

2In section 6 (block exemptions), in subsections (1) and (6), for “OFT” (in each place where it occurs) substitute “CMA”.

3In section 8 (block exemptions: procedure), in subsections (1) to (3) and (5), for “OFT” (in each place where it occurs) substitute “CMA”.

4In section 10 (parallel exemptions), in subsections (5), (7) and (8), for “OFT” (in each place where it occurs) substitute “CMA”.

5(1)Section 25 (power to investigate) is amended as follows.

(2)In subsections (1) and (8) to (11), for “OFT” (in each place where it occurs) substitute “CMA”.

(3)In the heading, for “OFT” substitute “CMA”.

6In section 26 (powers when conducting investigations), in subsections (1) and (5), for “OFT” (in each place where it occurs) substitute “CMA”.

7In section 27 (power to enter business premises without a warrant), in subsections (1) and (3), for “OFT” (in each place where it occurs) substitute “CMA”.

8(1)Section 28 (power to enter business premises under a warrant) is amended as follows.

(2)In subsection (1)(b)(i), for “OFT” substitute “CMA”.

(3)In subsection (2)—

(a)for “OFT” (in each place where it occurs) substitute “CMA”, and

(b)for “OFT’s” substitute “CMA’s”.

9In section 28A (power to enter domestic premises under a warrant), in subsections (1)(b)(i) and (2), for “OFT” (in each place where it occurs) substitute “CMA”.

10In section 31 (decisions following an investigation), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “CMA”.

11In section 31A (commitments), in subsections (1) to (4), for “OFT” (in each place where it occurs) substitute “CMA”.

12In section 31B (effect of commitments under section 31A), in subsections (1) to (5), for “OFT” (in each place where it occurs) substitute “CMA”.

13In section 31C (review of commitments), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “CMA”.

14In section 31D (guidance), in subsections (1) to (3), (5), (6) and (8), for “OFT” (in each place where it occurs) substitute “CMA”.

15In section 31E (enforcement of commitments), in subsection (1), for “OFT” (in each place where it occurs) substitute “CMA”.

16In section 32 (directions in relation to agreements), in subsection (1), for “OFT” substitute “CMA”.

17In section 33 (directions in relation to conduct), in subsection (1), for “OFT” substitute “CMA”.

18In section 34 (enforcement of directions), in subsection (1), for “OFT” substitute “CMA”.

19In section 35 (interim measures), in subsections (1) to (4), (8) and (9), for “OFT” (in each place where it occurs) substitute “CMA”.

20In section 36 (penalties), in subsections (1) to (5), (8) and (9), for “OFT” (in each place where it occurs) substitute “CMA”.

21In section 37 (recovery of penalties), in subsection (1), for “OFT” (in each place where it occurs) substitute “CMA”.

22In section 38 (the appropriate level of a penalty), in subsections (1) to (3), (5), (6), (8) and (9), for “OFT” (in each place where it occurs) substitute “CMA”.

23In section 39 (limited immunity in relation to the Chapter 1 prohibition), in subsections (3) to (5) and (8), for “OFT” (in each place where it occurs) substitute “CMA”.

24In section 40 (limited immunity in relation to the Chapter 2 prohibition), in subsections (3) to (5) and (8), for “OFT” (in each place where it occurs) substitute “CMA”.

25In section 44 (false or misleading information), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “CMA”.

26In section 46 (appealable decisions), in subsections (1) to (3), for “OFT” (in each place where it occurs) substitute “CMA”.

27In section 47 (third party appeals), in subsection (1), for “OFT” (in each place where it occurs) substitute “CMA”.

28In section 47A (monetary claims before Tribunal), in subsections (6) and (7), for “OFT” (in each place where it occurs) substitute “CMA”.

29In section 50 (vertical agreements and land agreements), in subsection (3), for “OFT” substitute “CMA”.

30In the cross-heading preceding section 51, for “OFT’s” substitute “CMA’s”.

31(1)Section 51 (rules) is amended as follows.

(2)In subsection (1), for “OFT” substitute “CMA”.

(3)In subsection (2), for “OFT’s” substitute “CMA’s”.

(4)In subsections (3) and (5) to (10), for “OFT” (in each place where it occurs) substitute “CMA”.

32(1)Section 52 (advice and information) is amended as follows.

(2)In subsection (1), for the words from the beginning to “the Director” substitute “The CMA”.

(3)In subsection (1A), for the words from the beginning to “the OFT” substitute “The CMA”.

(4)In subsections (2) to (6) and (8), for “OFT” (in each place where it occurs) substitute “CMA”.

33In section 54 (regulators), in subsections (2), (5) and (7), for “OFT” (in each place where it occurs) substitute “CMA”.

34In section 57 (defamation), for “OFT” substitute “CMA”.

35In the cross-heading preceding section 58, for “OFT” substitute “CMA”.

36(1)Section 58 (findings of fact) is amended as follows.

(2)In subsection (1), for “an OFT’s” substitute “a CMA’s”.

(3)In subsection (2)—

(a)for “an OFT’s” substitute “a CMA’s”, and

(b)for “OFT” (in each place where it occurs) substitute “CMA”.

(4)In subsection (3), for “OFT” substitute “CMA”.

(5)In the heading, for “OFT” substitute “CMA”.

37In section 58A (findings of infringements), in subsections (3) and (4), for “OFT” (in each place where it occurs) substitute “CMA”.

38(1)Section 59 (interpretation of Part 1) is amended as follows.

(2)In subsection (1)—

(a)after the definition of “the Chapter II prohibition” insert—

• ““the CMA” means the Competition and Markets Authority;”, and

(b)omit the definition of “the OFT”.

(3)In subsection (4), for “OFT” substitute “CMA”.

39In section 60 (principles to be applied in determining questions), in subsection (4), for “OFT” (in each place where it occurs) substitute “CMA”.

40In section 61 (interpretation of Part 2), in subsection (1)—

(a)after the definition of “books and records” insert—

• ““the CMA” means the Competition and Markets Authority;”, and

(b)omit the definition of “the OFT”.

41In section 62 (power to enter business premises under a warrant: Article 20 inspections), in subsections (5) and (10), for “OFT” (in each place where it occurs) substitute “CMA”.

42In section 62A (power to enter non-business premises under a warrant: Article 21 inspections), in subsections (3) to (5), and (12), for “OFT” (in each place where it occurs) substitute “CMA”.

43In section 62B (powers when conducting Article 22(2) inspection), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “CMA”.

44In section 63 (power to enter business premises under a warrant: Article 22(2) inspections), in subsections (1)(a), (2) to (5) and (10), for “OFT” (in each place where it occurs) substitute “CMA”.

45(1)Section 65C (interpretation of Part 2A) is amended as follows.

(2)In subsection (1), in the definition of “Article 22(1) investigation”, for “OFT” substitute “CMA”.

(3)In subsection (2)—

(a)after the entry for “Article 82” insert—

• ““the CMA”;”, and

(b)omit the entry for “the OFT”.

(4)In subsection (4), for “OFT” substitute “CMA”.

46In section 65D (power to conduct an Article 22(1) investigation), in subsection (1), for “OFT” substitute “CMA”.

47In section 65E (powers when conducting Article 22(1) investigations), in subsections (1) and (5), for “OFT” (in each place where it occurs) substitute “CMA”.

48In section 65F (power to enter business premises without a warrant), in subsections (1) and (3), for “OFT” (in each place where it occurs) substitute “CMA”.

49In section 65G (power to enter business premises under a warrant), in subsections (1)(b)(i) and (2), for “OFT” (in each place where it occurs) substitute “CMA”.

50In section 65H (power to enter domestic premises under a warrant), in subsections (1)(b)(i) and (2), for “OFT” (in each place where it occurs) substitute “CMA”.

51In section 65N (false or misleading information), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “CMA”.

52In section 75A (rules in relation to Parts 2 and 2A), in subsections (1) to (8), for “OFT” (in each place where it occurs) substitute “CMA”.

53(1)Schedule 1 (exclusions: mergers and concentrations) is amended as follows.

(2)In paragraph 4, in sub-paragraphs (1) to (5), for “OFT” (in each place where it occurs) substitute “CMA”.

(3)In paragraph 5, for “OFT” (in each place where it occurs) substitute “CMA”.

54In Schedule 2 (exclusions: other competition scrutiny), in Part 3, in paragraph 5(3)(a), for “Director” substitute “CMA”.

55(1)Schedule 3 (general exclusions) is amended as follows.

(2)In paragraph 9, in sub-paragraphs (3) to (7), for “OFT” (in each place where it occurs) substitute “CMA”.

56(1)Schedule 6A (commitments) is amended as follows.

(2)In paragraph 1, for “OFT” substitute “CMA”.

(3)In paragraph 2—

(a)in sub-paragraph (1), for “OFT” substitute “CMA”, and

(b)in sub-paragraph (2)—

(i)for “OFT” (in each place where it occurs) substitute “CMA”, and

(ii)for “OFT’s” substitute “CMA’s”.

(4)In paragraph 3, in sub-paragraph (1), for “OFT” substitute “CMA”.

(5)In paragraph 4, for “OFT” (in each place where it occurs) substitute “CMA”.

(6)In paragraph 5, for “OFT” substitute “CMA”.

(7)In paragraph 6, for “OFT” substitute “CMA”.

(8)In paragraph 7, for “OFT” (in each place where it occurs) substitute “CMA”.

(9)In paragraph 8, for “OFT” (in each place where it occurs) substitute “CMA”.

(10)In paragraph 10, for “OFT” substitute “CMA”.

(11)In paragraph 11, in sub-paragraph (1), for “OFT” substitute “CMA”.

(12)In paragraph 12, for “OFT” substitute “CMA”.

(13)In paragraph 13, for “OFT” substitute “CMA”.

(14)In paragraph 14, for “OFT” (in each place where it occurs) substitute “CMA”.

57(1)Schedule 8 (appeals) is amended as follows.

(2)In paragraph 2, in sub-paragraph (2), for “OFT’s” substitute “CMA’s”.

(3)In paragraph 3, in sub-paragraphs (2) and (3), for “OFT” (in each place where it occurs) substitute “CMA”.

(4)In paragraph 3A, in sub-paragraph (3), for “OFT” substitute “CMA”.

58(1)Schedule 9 (rules under section 51) is amended as follows.

(2)In the heading, for “OFT’s” substitute “CMA’s”.

(3)In paragraph 1, for “OFT” substitute “CMA”.

(4)In paragraph 5, in sub-paragraphs (1) and (2), for “OFT” (in each place where it occurs) substitute “CMA”.

(5)In paragraph 8, for “OFT” (in each place where it occurs) substitute “CMA”.

(6)In paragraph 9, for “OFT” (in each place where it occurs) substitute “CMA”.

(7)In paragraph 11, for “OFT” substitute “CMA”.

(8)In paragraph 12, in sub-paragraph (1)—

(a)for “OFT” substitute “CMA”, and

(b)for “OFT’s” substitute “CMA’s”.

(9)In paragraph 13—

(a)for “OFT” substitute “CMA”, and

(b)for “OFT’s” substitute “CMA’s”.

(10)In paragraph 14, for “OFT” substitute “CMA”.