Draft Order laid before Parliament under section 99 (5) of the Enterprise and Regulatory Reform 
Act 2013, for approval by resolution of each House of Parliament. 
D R A F T  S T A T U T O R Y  I N S T R U M E N T S  
2014 No. 0000 
COMPETITION 
The Enterprise and Regulatory Reform Act 2013 (Comp etition) 
(Consequential, Transitional and Saving Provisions)  Order 2014 
Made  - - - - *** 
Coming into force  - - 1st April 2014 
The Secretary of State, in exercise of the powers c onferred by section 99(1), (2) and (3) of the 
Enterprise and Regulatory Reform Act 2013( a), makes the following Order: 
In accordance with section 99(5) of that Act, a dra ft of this instrument was laid before Parliament 
and approved by a resolution of each House of Parli ament: 
Citation, commencement, interpretation and extent 
1. —(1) This Order may be cited as the Enterprise and Regulatory Reform Act 2013 
(Competition) (Consequential, Transitional and Savi ng Provisions) Order 2014 and comes into 
force on 1st April 2014. 
(2)  In this Order— 
“the Act” means the Enterprise and Regulatory Refor m Act 2013; 
“CMA” means the Competition and Markets Authority; 
“Commission” means the Competition Commission; 
“enactment” includes— 
(a)  an enactment comprised in subordinate legislation ( within the meaning of the 
Interpretation Act 1978( b)), and 
(b)  an enactment comprised in (or in an instrument made  under) an Act of the Scottish 
Parliament, a Measure or Act of the National Assemb ly for Wales or Northern Ireland 
legislation; 
“OFT” means the Office of Fair Trading. 
(3)  An amendment or repeal made by this Order has the s ame extent as the enactment to which 
it relates. 
                                                                                                                                            
(a) 2013 c. 24. 
(b) 1978 c. 30.  2 Consequential amendments to other legislation etc. 
2.  Schedule 1 (which amends various enactments to mak e provision for the transfer of certain 
functions from the OFT and the Commission to the CM A and contains amendments consequential 
on Parts 3 and 4 of the Act) has effect. 
Continuity of functions 
3. —(1) Anything which, immediately before the commenc ement date, is in the process of being 
done by or in relation to the transferor may, so fa r as it relates to a relevant function, be continue d 
by or in relation to the transferee. 
(2)  Anything done (or having effect as if done) by or i n relation to the transferor for the 
purposes of or in connection with a relevant functi on is, if in force or effective immediately before 
the commencement date, to have effect as if done by  or in relation to the transferee so far as that is  
required for continuing its effect on or after the commencement date. 
(3)  In the application of paragraph (1) or (2)— 
(a)  any reference made before the commencement date und er section 32 of the Water 
Industry Act 1991( a) to the Commission is to be treated, so far as pro vided by those 
paragraphs, as a reference under that section to th e chair of the CMA for the constitution 
of a CMA group, 
(b)  where any functions exercisable immediately before the commencement date by a 
Commission group are to be exercisable on or after that date by a CMA group— 
(i)  any person who, immediately before the commencement  date, is a member of the 
Commission group is to be treated, on or after that  date, as a member of the CMA 
group concerned if the person is a member of the CM A panel, 
(ii)  any person who, immediately before the commencement  date, is the chairman of the 
Commission group is to be treated, on or after that  date, as the chair of the CMA 
group if the person is a member of the CMA panel, a nd 
(iii)  the persons treated as mentioned in paragraph (i) o r (ii) are to be treated, on or after 
the commencement date, as if they have been constit uted in accordance with Part 3 
of Schedule 4 to the Act as the chair and other mem bers of the CMA group (and that 
Part applies accordingly in relation to the operati on of the group), and 
(c)  an authorisation given (whether by warrant or other wise) before the commencement date, 
so far as it authorises a named member, or member o f staff, of the OFT or the 
Commission, continues to authorise that individual (but no other) on or after the 
commencement date if, and only if, the individual i s a member, or (as the case may be, a 
member of staff, of the CMA. 
(4)  Paragraphs (1) to (3)— 
(a)  do not apply in relation to any matter dealt with b y a transfer scheme under section 27 of 
the Act or by any other transitional provision made  by virtue of the Act; and 
(b)  do not apply so as to convert an appointment as a m ember of the OFT or the Commission 
into an appointment as a member of the CMA. 
(5)  Any enactment, instrument or other document passed or made before the commencement 
date is to have effect, so far as necessary for the  purposes of or in consequence of its continued 
effect by virtue of Schedule 2, as if any reference s (however expressed) to the transferor were 
references to the transferee. 
(6)  Any enactment, instrument or other document passed or made before the commencement 
date is to have effect, so far as necessary for the  purposes of or in consequence of— 
(a)  anything transferred from the transferor to the tra nsferee by virtue of this Order or Part 3 
or 4 of the Act, or 
                                                                                                                                            
(a) 1991 c. 56. Sections 32 to 35 of the Water Indust ry Act 1991 were substituted by section 70 of the E nterprise Act 2002.  3 (b)  the abolition of the OFT or the Commission, 
as if any references (however expressed) to the tra nsferor were references to the transferee 
(7)  The repeals of section 45(4) of the Competition Act  1998 and section 2(3) of the Enterprise 
Act 2002 by Parts 3 and 4 of Schedule 5 to the Act do not apply so far as those sections create 
references to the transferor to which paragraph (5)  or (6) above are capable of applying. 
(8)  The abolition of the OFT or the Commission does not  affect the validity of anything done (or 
having effect as if done) by or in relation to the transferor before the commencement date. 
(9)  In this article— 
“CMA Board” has the same meaning as in Schedule 4 t o the Act (see Part 2 of that Schedule); 
“CMA group” means a group constituted in accordance  with Part 3 of Schedule 4 to the Act; 
“CMA panel” has the same meaning as in Schedule 4 t o the Act (see Part 3 of that Schedule); 
“commencement date” means 1st April 2014; 
“Commission group” means a group constituted under any enactment to perform functions of 
the Commission; 
“relevant function” means any function of the trans feror which is transferred to the transferee 
by this Order; 
“transferee” means the CMA, the CMA Board, a CMA gr oup, the chair of the CMA or 
another member of the CMA or (as the case may be) a  member of staff of the CMA; 
“transferor” means the OFT, the Commission, a Commi ssion group, the chairman of the OFT 
or Commission, another member of the OFT or Commiss ion, or a member of staff of the OFT 
or the Commission; 
and references in this article to things done inclu de references to things omitted to be done. 
(10)  Schedule 2 (which makes further transitional provis ion in relation to amendments in 
Schedule 1 to the investigation powers of the CMA) has effect. 
 
 
 
 
 Name  
 Parliamentary Under-Secretary of State for Employm ent Relations and Consumer Affairs 
Date Department for Business, Innovation and Skills 
 
 
 
  4  SCHEDULE 1 Article 2 
TRANSFER OF FUNCTIONS OF OFT AND COMPETITION 
COMMISSION TO CMA AND AMENDMENTS CONSEQUENTIAL 
ON PARTS 3 AND 4 OF THE ACT 
PART 1 
Amendments to the Enterprise Act 2002 
1.  The Enterprise Act 2002( a) is amended as follows. 
2.  In section 8A (exclusion of public consumer advice  scheme)( b), for “OFT” substitute 
“CMA”. 
3.  In section 109 (attendance of witnesses and produc tion of documents etc), in subsection 
(1)(b), for “Commission” (in both places where it o ccurs) substitute “CMA”. 
4.  In section 205 (super-complaints to regulators oth er than OFT), in subsection (1) and in the 
heading, for “OFT” substitute “CMA”. 
5.  In section 206 (power to modify Schedule 8), in su bsection (9) for “OFT and the 
Commission” substitute “CMA”. 
6.  In section 213 (enforcers)( c), in subsections (1)(a) and (5A)(a), for “OFT” sub stitute “CMA”. 
7.  In section 214 (consultation)( d), in subsections (1)(b) and (3), for “OFT” (in eac h place where 
it occurs) substitute “CMA”. 
8.  In section 215 (applications)( e), in subsection (9), for “OFT” (in both places whe re it occurs) 
substitute “CMA”. 
9.  In section 216 (applications: directions by OFT), in subsections (1) to (5) and in the heading, 
for “OFT” (in each place where it occurs) substitut e “CMA”. 
10.  In section 219 (undertakings)( f), in subsection (6), for “OFT” substitute “CMA”. 
11.  In section 220 (further proceedings), in subsectio ns (2) and (6), for “OFT” (in each place 
where it occurs) substitute “CMA”. 
12.  In section 224 (OFT), in subsections (1) and (2) a nd in the heading, for “OFT” substitute 
“CMA”. 
13.  In section 225 (other enforcers)( g), in subsections (1)(a) and (c), for “OFT” substit ute 
“CMA”. 
14. —(1) Section 229 (advice and information)( h) is amended as follows. 
(2)  In subsection (1)— 
(a)  for the words from the beginning to “the OFT” subst itute “The CMA”, and 
                                                                                                                                            
(a) 2002 c.40. 
(b) Inserted by S.I. 2013/783. 
(c) Subsection (5A) was inserted by S.I. 2006/3363 an d further amended by Schedule 18 to the Financial S ervices Act 2012 (c. 
21). There are other amendments to section 213 but they are not relevant to this Order. 
(d) Amended by S.I. 2013/783. 
(e) There are amendments to section 215 but none is r elevant to this Order. 
(f) There are amendments to section 219 but none is r elevant to this Order. 
(g) Subsection (1)(c) was inserted by S.I. 2006/3363.  
(h) There is an amendment to section 229 but it is no t relevant to this Order.  5 (b)  in paragraph (b), for “OFT” substitute “CMA”. 
(3)  In subsections (2) to (5), for “OFT” substitute “CM A”. 
15. —(1) Section 230 (notice to OFT of intended prosecu tion) is amended as follows. 
(2)  In subsection (2)— 
(a)  in the wording before paragraph (a), for “OFT” subs titute “CMA”, and 
(b)  omit paragraph (b). 
(3)  In subsection (3), in paragraph (b)— 
(a)  for “OFT” (in both places where it occurs) substitu te “CMA”, and 
(b)  omit “and summary”. 
(4)  In subsection (4), for “OFT” substitute “CMA”. 
16.  In section 231 (notice of convictions and judgment s to OFT), in subsection (2) and in the 
heading, for “OFT” (in each place where it occurs) substitute “CMA”. 
17.  In Schedules 14 and 15 (provisions concerning disc losure of information)( a), at the 
appropriate place, insert— 
“Parts 3 and 4 of the Enterprise and Regulatory Ref orm Act 2013.” 
18. —(1) Schedule 24 (transitional and transitory provi sions and savings)( b) 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 o f the CMA under section 94(6) as 
applied by virtue of sub-paragraph (1) or (2) are t o be carried out on its behalf by the CMA 
Board (within the meaning of Schedule 4 to the Ente rprise and Regulatory Reform Act 
2013).”, and 
(b)  in sub-paragraph (3), in the wording after paragrap h (b), for “the Commission” substitute 
“a group constituted for the purpose by the chair o f the CMA under Schedule 4 to the 
Enterprise and Regulatory Reform Act 2013”. 
(4)  In paragraph 16 (powers to supersede, vary or relea se undertakings)— 
(a)  in sub-paragraphs (2) and (3), for “relevant author ity” (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” subs titute “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 pursu ance 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 se ction 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”, 
                                                                                                                                            
(a) There are amendments to Schedules 14 and 15 but n one is relevant to this Order. 
(b) There is an amendment to Schedule 24 but it is no t relevant to this Order.  6 (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-para graph (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-para graph (2),” substitute “sub-
paragraphs (1) and (2)”, 
(e)  in sub-paragraph (5), for “Commission or the OFT” s ubstitute “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 Regulat ory Reform Act 2013).” 
(6)  In paragraph 18— 
(a)  after sub-paragraph (1), insert— 
“(1A) Subject to sub-paragraph (2), the functions o f the CMA under section 94(6) as 
applied by virtue of sub-paragraph (1) are to be ca rried 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) subst itute “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) substi tute “a CMA group”. 
PART 2 
Amendments to other Acts of Parliament 
Registered Designs Act 1949 
19.  The Registered Designs Act 1949( a) is amended as follows. 
20. —(1) Section 11A (powers exercisable for protection  of the public interest)( b) is amended as 
follows. 
(2)  In subsections (1) and (7), for “Competition Commis sion” (in each place where it occurs) 
substitute “Competition and Markets Authority”. 
(3)  In subsection (3), for “Commission’s report as bein g those which in the Commission’s 
opinion”, substitute “Competition and Markets Autho rity’s report as being those which in the 
opinion of the Competition and Markets Authority”. 
                                                                                                                                            
(a) 1949 c. 88. The text of this Act is taken from Sc hedule 4 to the Copyright, Designs and Patents Act 1988 (c. 48). 
(b) Amended by Schedule 25 to the Enterprise Act 2002  (c. 40) and S.I. 1999/506. There are other amendme nts to section 11A 
but none is relevant to this Order.  7 21. —(1) Section 11AB (powers exercisable following mer ger and market investigations)( a) is 
amended as follows. 
(2)  In subsection (1)— 
(a)  in paragraph (a), after “147(2)” insert “, 147A(2)” , and 
(b)  in paragraph (b), for “Competition Commission” subs titute “Competition and Markets 
Authority”. 
(3)  In subsections (2) and (3), for “Competition Commis sion” substitute “Competition and 
Markets Authority”. 
(4)  For subsection (6) substitute— 
“(6) References in this section to the Competition and Markets Authority are references to 
a CMA group except where— 
(a) section 75(2) of the Enterprise Act 2002 applie s; or 
(b) any other enactment mentioned in subsection (1) (a) above applies and the 
functions of the Competition and Markets Authority under that enactment are 
being performed by the CMA Board by virtue of secti on 34C(3) or 133A(2) of the 
Enterprise Act 2002.” 
(5)  In subsection (7)— 
(i)  for “or 141” substitute “, 141 or 141A”, 
(ii)  for “Competition Commission” substitute “Competitio n and Markets Authority”, and 
(iii)  for “or 147” substitute “, 147 or 147A”. 
(6)  After subsection (8), insert— 
“(9) In subsection (6) “CMA Board” and “CMA group” have the same meaning as in 
Schedule 4 to the Enterprise and Regulatory Reform Act 2013.” 
Agricultural Marketing Act 1958 
22.  The Agricultural Marketing Act 1958( b) is amended as follows. 
23.  In section 19A (agricultural marketing schemes – i ntervention on competition grounds)( c)— 
(a)  in subsection (1B), after “147(2)”, insert “or 147A (2)”, and 
(b)  in subsection (1C)(a), for “Competition Commission”  substitute “Competition and 
Markets Authority”. 
24.  In section 47(2) (restrictions on disclosing certa in information obtained under Act)( d), for 
paragraph (aa) substitute— 
“(aa) made to the Competition and Markets Authority , if it is made for the purpose of 
enabling the Authority to perform any of its functi ons under— 
 (i) the Fair Trading Act 1973; 
 (ii) the Competition Act 1980; 
 (iii) the Enterprise Act 2002; or 
 (iv) Part 3 of the Enterprise and Regulatory Refor m Act 2013.” 
                                                                                                                                            
(a) Inserted by Schedule 25 to the Enterprise Act 200 2. 
(b) 1958 c. 47. 
(c) Inserted by section 127 of the Fair Trading Act 1 973 (c. 41), repealed in relation to milk and potat oes by sections 21and 46 
respectively of the Agriculture Act 1993 (c. 37) an d amended by Schedule 25 to the Enterprise Act 2002 . 
(d) Paragraph (aa) was inserted into section 47(2) by  Schedule 12 to the Fair Trading Act 1973 and subse quently amended by 
section 19(4)(a) of the Competition Act 1980 (c. 21 ), Schedule 25 to the Enterprise Act 2002 and S.I. 1999/506.  8 Public Records Act 1958 
25.  In Schedule 1 to the Public Records Act 1958 (defi nition of public records)( a), in Part 2 of 
the Table at the end of paragraph 3, omit “Competit ion Commission” and “Office of Fair 
Trading”. 
Parliamentary Commissioner Act 1967 
26.  In Schedule 2 to the Parliamentary Commissioner Ac t 1967 (departments etc subject to 
investigation)( b), omit the entries for “Competition Commission” an d “Office of Fair Trading”. 
Superannuation Act 1972 
27.  In Schedule 1 to the Superannuation Act 1972 (kind s of employment to which section 1 of 
that Act applies)( c), in the list of Royal Commissions and other Commi ssions, omit the entry for 
the “Competition Commission”. 
Fair Trading Act 1973 
28.  In section 137 of the Fair Trading Act 1973 (gener al interpretation)( d), in subsection (2)— 
(a)  omit the definition of “the Commission”, 
(b)  in the definition of “Minister” for “establishment consisting of the Director and his staff” 
substitute “Competition and Markets Authority”. 
House of Commons Disqualification Act 1975 
29.  In Part 2 of Schedule 1 to the House of Commons Di squalification Act 1975 (bodies of 
which all members are disqualified)( e), omit “The Competition Commission” and “The Offic e of 
Fair Trading”. 
Northern Ireland Assembly Disqualification Act 1975  
30.  In Part 2 of Schedule 1 to the Northern Ireland As sembly Disqualification Act 1975 (bodies 
of which all members are disqualified)( f) omit “The Competition Commission” and “The Office  
of Fair Trading”. 
Patents Act 1977 
31.  The Patents Act 1977( g) is amended as follows. 
                                                                                                                                            
(a) 1958 c 51. An entry for “Competition and Markets Authority” is inserted into Part 2 of the Table in Schedule 2 by Schedule 
4 to the Enterprise and Regulatory Reform Act 2013.  There are other amendments to Schedule 2 not relev ant to this Order. 
(b) 1967 c. 13. Schedule 2 was substituted by S.I. 20 11/2986 and an entry for “Competition and Markets A uthority” is inserted 
by Schedule 4 to the Enterprise and Regulatory Refo rm Act 2013. There are other amendments to Schedule  2 not relevant to 
this Order. 
(c) 1972 c. 11. Amended by S.I. 1999/506. An entry fo r “Competition and Markets Authority” was inserted into Schedule 1 by 
Schedule 4 to the Enterprise and Regulatory Reform Act 2013. There are other amendments to Schedule 1 not relevant to 
this Order. 
(d) 1973 c. 41. The definition of “the Commission” wa s amended by S.I. 1999/506. References to the Direc tor General of Fair 
Trading in section 137 have effect as references to  the OFT by virtue of section 2 of the Enterprise A ct 2002. The definition 
of “the Director” was repealed by Schedule 26 to th e Enterprise Act 2002. There are other amendments t o this section 
which are not relevant to this Order. 
(e) 1975 c. 24. An entry for “Competition and Markets  Authority” is inserted into Part 2 of Schedule 1 t o the 1975 Act by 
Schedule 4 to the Enterprise and Regulatory Reform Act 2013. There are other amendments to Schedule 1 not relevant to 
this Order. 
(f) 1975 c. 25. An entry for “Competition and Markets  Authority” is inserted into Part 2 of Schedule 1 t o the 1975 Act by 
Schedule 4 to the Enterprise and Regulatory Reform Act 2013. There are other amendments to Schedule 1 not relevant to 
this Order. 
(g) 1977 c. 37.  9 32. —(1) Section 50A (powers exercisable following merg er and market investigations)( a) is 
amended as follows. 
(2)  In subsection (1)(a), after “147(2)” insert “, 147A (2)”. 
(3)  In subsections (1)(b), (2) and (3), for “Competitio n Commission” substitute “Competition 
and Markets Authority”. 
(4)  For subsection (5) substitute— 
“(5) References in this section to the Competition and Markets Authority are references to 
a CMA group except where— 
(a) section 75(2) of the Enterprise Act 2002 applie s; or 
(b) any other enactment mentioned in subsection (1) (a) above applies and the 
functions of the Competition and Markets Authority under that enactment are 
being performed by the CMA Board by virtue of secti on 34C(3) or 133A(2) of the 
Enterprise Act 2002.”. 
(5)  In subsection (6)— 
(a)  for “or 141” substitute “, 141 or 141A”; 
(b)  for “Competition Commission” substitute “Competitio n and Markets Authority”; and 
(c)  for “or 147” substitute “, 147 or 147A”. 
(6)  After subsection (7), insert— 
“(8) In subsection (5) “CMA Board” and “CMA group” have the same meaning as in 
Schedule 4 to the Enterprise and Regulatory Reform Act 2013.” 
33. —(1) Section 51 (powers exercisable in consequence of report of Competition 
Commission)( b) is amended as follows. 
(2)  In subsection (1), for “Competition Commission” sub stitute “Competition and Markets 
Authority”. 
(3)  In subsection (3) for “Commission’s report as being  those which in the Commission’s 
opinion”, substitute “Competition and Markets Autho rity’s report as being those which in the 
opinion of the Competition and Markets Authority”. 
(4)  In subsection (4) for “Commission” substitute “Comp etition and Markets Authority”. 
(5)  In the heading, for “Competition Commission” substi tute “Competition and Markets 
Authority”. 
34.  In section 53 (compulsory licences; supplementary provisions)( c), in subsection (2), for 
“Competition Commission” substitute “Competition an d Markets Authority”. 
Competition Act 1980 
35.  The Competition Act 1980( d) is amended as follows. 
36. —(1) Section 11B (references under section 11: powe rs of investigation and penalties)( e) is 
amended as follows. 
(2)  In subsection (1)— 
(a)  in the words before paragraph (a), for “(2) and” su bstitute “(1A) to”, and 
(b)  after paragraph (b), insert— 
                                                                                                                                            
(a) Inserted by Schedule 25 to the Enterprise Act 200 2. 
(b) Substituted by Schedule 5 to the Copyright, Desig ns and Patents Act 1988 and subsequently amended by  s. 45 of the 
Competition Act 1998 (c. 41), Schedule 25 to the En terprise Act 2002 and S.I. 1999/506. 
(c) Amended by Schedule 5 to the Copyright, Designs a nd Patents Act 1988, Schedule 25 to the Enterprise Act 2002 and S.I. 
1999/506. 
(d) 1980 c. 21. 
(e) Inserted by Schedule 25 to the Enterprise Act 200 2.  10  “(ba) section 110A (restriction on powers to impose  penalties under section 110)( a);”. 
(3)  After subsection (1), insert— 
“(1A) Section 109 shall in its application by virtu e of subsection (1) above, have effect as 
if— 
(a) in subsection (A1)( b), for paragraphs (a) and (b) there were substitute d— 
“(a) assisting the CMA in carrying out any function s, including enforcement 
functions, in connection with a reference under sec tion 11 of the 
Competition Act 1980 (the “1980 Act”) (references o f public bodies and 
certain other persons to the CMA); 
(b) assisting the Secretary of State in carrying ou t any functions, including 
enforcement functions, in connection with an order under section 11D of 
that Act (interim orders) or section 12 of that Act  (orders following report 
under section 11 of that Act).”, and 
(b) in subsection (8A)( c), for paragraphs (a) and (b) there were substitute d— 
“(a) in relation to the CMA, functions conferred by  virtue of section 87 on the 
CMA by orders under section 11D or 12 of the 1980 A ct; 
(b) in relation to the Secretary of State— 
 (i) functions conferred by virtue of section 87 on  the Secretary of State by 
orders under section 11D or 12 of the 1980 Act; 
 (ii) the functions of the Secretary of State in re lation to the variation or 
revocation of orders under section 11D or 12 of the  1980 Act.”” 
(4)  In subsection (2), omit paragraph (b). 
(5)  After subsection (2), insert— 
“(2A) Section 110A shall, in its application by vir tue of subsection (1) above, have effect 
as if for subsections (5) to (8) there were substit uted— 
“(5) Where the section 109 power is exercised for t he purpose mentioned in 
subsection (A1)(a) of that section, in connection w ith a reference under section 11 of 
the 1980 Act, the relevant day is the day when the report of the CMA on the 
reference concerned is laid before both Houses of P arliament. 
(6) Where the section 109 power is exercised for th e purpose mentioned in 
subsection (A1)(b) of that section, in connection w ith an order under section 11D of 
the 1980 Act (interim orders) or section 12 of that  Act (orders following report under 
section 11 of that Act), the relevant day is the da y when the Secretary of State makes 
the order concerned or decides not to make an order  under section 11D or 12 of that 
Act, as the case may be.”” 
(6)  For subsection (3) substitute— 
“(3) Section 111(5)(b) shall, in its application by  virtue of subsection (1) above, have 
effect as if for sub-paragraph (ii) there were subs tituted— 
 “(ii) if earlier, the day on which the report of t he CMA on the reference 
concerned is made or, if no such report is made wit hin the period 
permitted for that purpose, the latest day on which  the report may be 
made within the permitted period.”.” 
37.  In section 11D (interim orders)( d), in subsection (7)— 
(a)  at the end of paragraph (b), omit “and”, and 
                                                                                                                                            
(a) Section 110A was inserted into Part 3 of the Ente rprise Act 2002 by section 29 of the Enterprise and  Regulatory Reform 
Act 2013. 
(b) Subsection (A1) was inserted into section 109 by section 29 of the Enterprise and Regulatory Reform Act 2013. 
(c) Subsection (8A) was inserted into section 109 by section 29 of the Enterprise and Regulatory Reform Act 2013. 
(d) Inserted by Schedule 25 to the Enterprise Act 200 2.  11  (b)  after paragraph (c), insert— 
“; and 
(d) section 94A (interim orders: penalties).” 
Civil Aviation Act 1982 
38.  In section 4 of the Civil Aviation Act 1982 (gener al objectives of CAA)( a), in subsections 
(3) and (4), for “Office of Fair Trading” substitut e “Competition and Markets Authority”. 
Telecommunications Act 1984 
39.  The Telecommunications Act 1984( b) is amended as follows. 
40. —(1) Section 101 (general restrictions on disclosur e of information)( c) is amended as 
follows. 
(2)  In subsection (2)(b), for “the Office of Fair Tradi ng, the Commission” substitute “the 
Competition and Markets Authority”. 
(3)  In subsection (3), after paragraph (v), insert— 
“(w) Parts 3 and 4 of the Enterprise and Regulatory  Reform Act 2013” 
(4)  In subsection (6), for “the Office of Fair Trading”  substitute “the Competition and Markets 
Authority”. 
41.  In section 106 (general interpretation)( d), omit the definition of “the Commission”. 
Companies Act 1985 
42. —(1) Schedule 15D to the Companies Act 1985 (disclo sures)( e) is amended as follows. 
(2)  In paragraph 17— 
(a)  for “Office of Fair Trading” substitute “Competitio n and Markets Authority”, and 
(b)  after sub-paragraph (k), insert— 
“(l) Parts 3 and 4 of the Enterprise and Regulatory  Reform Act 2013.”. 
(3)  Omit paragraph 18. 
Airports Act 1986 
43. —(1) Section 74 of the Airports Act 1986 (restricti on on disclosure of information)( f) is 
amended as follows. 
(2)  In subsection (2), for “the Commission, the Office of Fair Trading” substitute “the 
Competition and Markets Authority”. 
(3)  In subsection (3), after paragraph (x), insert— 
“(y) Parts 3 and 4 of the Enterprise and Regulatory  Reform Act 2013”. 
                                                                                                                                            
(a) 1982 c. 16. Section 4(3) and (4) were inserted by  Schedule 8 to the Transport Act 2000 (c. 38) and a mended by Schedule 25 
to the Enterprise Act 2002. 
(b) 1984 c.12. 
(c) Amended by Schedule 10 to the Competition Act 199 8, Schedule 25 to the Enterprise Act 2002, S.I. 198 8/915 and S.I. 
1999/506. There are other amendments to section 101  but none is relevant to this Order. 
(d) The definition of “the Commission” was inserted b y S.I. 1999/506. There are other amendments to sect ion 106 but none is 
relevant to this Order. 
(e) 1985 c.6. Schedule 15D was inserted by Schedule 2  to the Companies (Audit, Investigations and Commun ity Enterprise) 
Act 2004 (c.27) and subsequently amended by S.I. 20 08/1277. There are other amendments to Schedule 15D  but none is 
relevant to this Order. 
(f) 1986 c. 31. Section 74 was amended by Schedule 25  to the Enterprise Act 2002, Schedule 9 to the Civi l Aviation Act 2012 
(c. 19) and S.I. 1999/506. There are other amendmen ts to section 74 but none is relevant to this Order .  12  (4)  In subsection (4)(b), at the end, insert “(prior to  the abolition of the Competition 
Commission by section 26 of the Enterprise and Regu latory Reform Act 2013)”. 
(5)  Omit subsection (6). 
Gas Act 1986 
44.  The Gas Act 1986( a) is amended as follows. 
45.  In section 4B (exceptions from sections 4AA to 4A) ( b), in subsection (3), for “the Office of 
Fair Trading”, substitute “the CMA”. 
46.  In section 4D (Authority to consult and cooperate with other authorities)( c), in subsection 
(3), in the definition of “relevant national author ity”— 
(a)  omit paragraph (a), and 
(b)  in paragraph (c), for “the Office of Fair Trading” substitute “the CMA”. 
47.  In section 27 (modification by order under other e nactments)( d), in subsection (1ZA)(b), 
after “the market” insert “or markets”. 
48.  In section 34 (general functions)( e), in subsection (4), for “the Office of Fair Tradi ng” (in 
each place where it occurs) substitute “the CMA”. 
49.  In section 35 (publication of advice and informati on about consumer matters)( f), in 
subsection (3A), for “the Office of Fair Trading” s ubstitute “the CMA”. 
50. —(1) Section 36A (functions with respect to competi tion)( g) is amended as follows. 
(2)  In subsection (2), for “Office of Fair Trading” sub stitute “CMA”. 
(3)  In subsection (2A)— 
(a)  for “Office of Fair Trading” substitute “CMA”, 
(b)  for “and 171” substitute “, 171 and 174E”, and 
(c)  for “relating to” substitute— 
“those functions— 
(a) are exercisable by the CMA Board (within the me aning of Schedule 4 to the 
Enterprise and Regulatory Reform Act 2013), and 
(b) relate to”. 
(4)  In subsection (2B)— 
(a)  for “above, references” substitute— 
“above— 
(a) references”, 
(b)  for “Office of Fair Trading” substitute “CMA”, 
(c)  for “and 171” substitute “, 171 and 174E”, and 
                                                                                                                                            
(a) 1986 c. 44. 
(b) Inserted by section 12 of the Utilities Act 2000 (c. 27) and subsequently amended by Schedule 25 to the Enterprise Act 
2002. There are other amendments to section 4B but none is relevant to this Order. 
(c) Inserted by S.I. 2011/2704. 
(d) Section 27 was substituted by Schedule 3 to the G as Act 1995 (c. 45) and subsequently amended by Sch edule 9 to the 
Enterprise Act 2002 and Schedule 6 to the Enterpris e and Regulatory Reform Act 2013. There are other a mendments to 
section 27 but none is relevant to this Order. 
(e) Amended by Schedule 25 to the Enterprise Act 2002 . There are other amendments to section 34 but none  is relevant to this 
Order. 
(f) Section 35 was substituted by section 6 of the Ut ilities Act 2000 and subsection (3A) was subsequent ly inserted by 
Schedule 25 to the Enterprise Act 2002. 
(g) Section 36A was inserted by the Gas Act 1995 and subsequently amended by Schedule 10 to the Competit ion Act 1998, S.I. 
1999/506, Schedules 9 and 25 to the Enterprise Act 2002, S.I. 2004/1261 and Schedule 15 to the Enterpr ise and Regulatory 
Reform Act 2013. There are other amendments to sect ion 36A but none is relevant to this Order.  13  (d)  for “requires).” substitute— 
“requires); 
(b) references in that Part to section 5 of the Act  of 2002 are to be construed as 
including references to section 34(1) and (2) of th is Act.” 
(5)  After subsection (2B) insert— 
“(2C) Section 130A of the Enterprise Act 2002 is to  have effect in its application in 
relation to the Authority by virtue of subsections (2) and (2A)— 
(a) as if for subsection (1) of that section there were substituted— 
“(1) Where the Gas and Electricity Markets Authorit y— 
(a) is proposing to carry out its functions under s ection 34(1) or (2) of the Gas 
Act 1986 in relation to a matter for the purposes m entioned in subsection 
(2), and 
(b) considers that the matter is one in respect of which it would be appropriate 
for the Authority to exercise its powers under sect ion 174 (investigation) in 
connection with deciding whether to make a referenc e under section 131, 
the Authority must publish a notice under this sect ion (referred to in this Part as a 
“market study notice”).”, and 
(b) as if in subsection (2)(a) of that section, for  “the acquisition or supply of goods or 
services of one or more than one description in the  United Kingdom” there were 
substituted “commercial activities connected with t he carrying on of activities to 
which section 36A(2A) of the Gas Act 1986 applies”. ” 
(6)  In subsection (3), for “Office of Fair Trading” (in  each place where it occurs) substitute 
“CMA”. 
(7)  In subsection (3A), for “the Office of Fair Trading ” substitute “the CMA”. 
(8)  In subsections (5) and (5A), for “Office of Fair Tr ading” (in each place where it occurs) 
substitute “CMA”. 
(9)  In subsection (6)— 
(a)  in the words before paragraph (a)— 
(i)  for “the Competition Commission” substitute “a CMA group”, 
(ii)  for “reference made to them by the Authority” subst itute “market investigation 
reference made by the Authority (under section 131 of the Act of 2002)”, and 
(b)  for “Commission” (in each place where it occurs) su bstitute “group”. 
(10)  After subsection (6) insert— 
“(6A) In subsection (6) “CMA group” has the same me aning as in Schedule 4 to the 
Enterprise and Regulatory Reform Act 2013.” 
(11)  In subsection (7), for “the Office of Fair Trading”  substitute “the CMA”. 
(12)  In subsection (8), for “Office of Fair Trading” sub stitute “CMA”. 
51. —(1) Section 41EB (references under section 41E: ap plication of Enterprise Act 2002)( a) is 
amended as follows. 
(2)  In subsection (1), after “subsections” insert “(1A) ,”. 
(3)  After subsection (1), insert— 
“(1A) Section 109 shall, in its application by virt ue of subsection (1) above, have effect as 
if— 
(a) for subsection (A1), there were substituted— 
                                                                                                                                            
(a) Section 41EB was inserted by Schedule 25 to the E nterprise Act 2002 and subsequently amended by Sche dule 16 to the 
Communications Act 2003 and Schedule 6 to the Enter prise and Regulatory Reform Act 2012.  14  “(A1) For the purposes of this section, a permitted  purpose is assisting the CMA in 
carrying out any functions exercisable by it in con nection with a reference under 
section 41E of the Gas Act 1986.”, and 
(b) subsection (8A) were omitted.” 
(4)  In subsection (2)— 
(a)  at the end of paragraph (a), omit “and”, 
(b)  after that paragraph, insert— 
“(aa) after subsection (3), there were inserted— 
“(3A) No penalty shall be imposed by virtue of subs ection (1) or (3) if more than 4 
weeks have passed since the publication of the repo rt of the CMA on the reference 
concerned; but this subsection shall not apply in r elation to any variation or 
substitution of the penalty which is permitted by v irtue of this Part.”; and”. 
(5)  For subsection (3) substitute— 
“(3) Section 111(5)(b) shall, in its application by  virtue of subsection (1) above, have 
effect as if for sub-paragraph (ii) there were subs tituted— 
 “(ii) if earlier, the day on which the report of t he CMA on the reference 
concerned is made or, if no such report is made wit hin the period 
permitted for that purpose, the latest day on which  the report may be 
made within the permitted period.”.” 
Company Directors Disqualification Act 1986 
52.  The Company Directors Disqualification Act 1986( a) is amended as follows. 
53.  In the following provisions, for “OFT” (in each pl ace where it occurs) substitute 
“Competition and Markets Authority”— 
(a)  section 8A(2A) (variation etc of disqualification u ndertaking)( b), 
(b)  section 9A(10) (competition disqualification order) , 
(c)  section 9B(1), (2) and (7) (competition undertaking s), 
(d)  section 9C(1) to (4) (competition investigations)( c), 
(e)  section 16(4)(c) (application for disqualification order)( d), 
(f)  section 17(7) (application for leave under an order  or undertaking)( e), and 
(g)  section 18(2A)(b) (register of disqualification ord ers and undertakings)( f). 
54.  In section 9D (co-ordination)( g), in subsection (2), after paragraph (b), insert— 
“(ba) the reference in subsection (6A)(b) to notice  under section 31(1) of the 
Competition Act 1998 that the regulator proposes to  make a decision within the 
meaning given by section 31(2) of that Act is to be  read as notice under section 
9C(4) that the specified regulator proposes to appl y under section 9A for a 
disqualification order;”. 
                                                                                                                                            
(a) 1986 c. 46. 
(b) Inserted by section 6 of the Insolvency Act 2000 (c. 39) and amended by section 204 of the Enterpris e Act 2002. 
(c) Sections 9A to 9C and subsection (4) of section 1 6 were inserted by section 204 of the Enterprise Ac t 2002. Section 9A was 
amended by S.I. 2012/1809. There are other amendmen ts to sections 9A but none is relevant to this Orde r. 
(d) Amended by section 204 of the Enterprise Act 2002 . There are other amendments to section 16 but none  is relevant to this 
Order. 
(e) Inserted by Schedule 4 to the Insolvency Act 2000  and amended by section 204 of the Enterprise Act 2 002. 
(f) Subsection (2A) was inserted by the Insolvency Ac t 2000 and subsequently substituted by section 204 of the Enterprise Act 
2002. There are other amendments to section 18 but none is relevant to this Order. 
(g) Section 9D was inserted by section 204 of the Ent erprise Act 2002.  15  Copyright, Designs and Patents Act 1988 
55.  The Copyright, Designs and Patents Act 1988( a) is amended as follows. 
56.  In section 98 (undertaking to take licence of righ t in infringement proceedings)( b), in 
subsection (1), for “Competition Commission” substi tute “Competition and Markets Authority”. 
57. —(1) Section 144 (powers exercisable in consequence  of report of Competition 
Commission)( c) is amended as follows. 
(2)  In subsection (1)— 
(a)  for “, the Office of Fair Trading or (as the case m ay be) the Competition Commission” 
substitute “or (as the case may be) the Competition  and Markets Authority”; 
(b)  after “147(2)” insert “, 147A(2)”; and 
(c)  for “Commission” substitute “Competition and Market s Authority”. 
(3)  In subsection (3), for “, the Office of Fair Tradin g or (as the case may be) the Competition 
Commission” substitute “or (as the case may be) the  Competition and Markets Authority”. 
(4)  In the heading, for “Monopolies and Mergers Commiss ion” substitute “Competition and 
Markets Authority”. 
58.  In section 238 (powers exercisable for protection of the public interest)( d), in subsection 
(1)— 
(a)  for “, the Competition Commission or (as the case m ay be) the Office of Fair Trading” 
substitute “or (as the case may be) the Competition  and Markets Authority”; 
(b)  after “147(2)” insert “, 147A(2)”; and 
(c)  for “Commission” substitute “Competition and Market s Authority”. 
59.  In paragraph 17 of Schedule 2A (licensing of perfo rmer’s rights: powers exercisable in 
consequence of competition report)( e)— 
(a)  in sub-paragraph (1)— 
(i)  for “, the Competition Commission or (as the case m ay be) the Office of Fair 
Trading” substitute “or (as the case may be) the Co mpetition and Markets 
Authority”; 
(ii)  after “147(2)” insert “, 147A(2)”; and 
(iii)  for “Commission” substitute “Competition and Market s Authority”; 
(b)  in sub-paragraph (3), for “, the Competition Commis sion or (as the case may be) the 
Office of Fair Trading” substitute “or (as the case  may be) the Competition and Markets 
Authority. 
Water Act 1989 
60. —(1) Section 174 of the Water Act 1989 (general res trictions on disclosure of information)( f) 
is amended as follows. 
(2)  In subsection (2)— 
                                                                                                                                            
(a) 1988 c. 48. 
(b) Amended by S.I. 1999/506. 
(c) By virtue of section 45(4) of the Competition Act  1998 the reference to the Monopolies and Mergers C ommission in the 
heading to section 144 has effect as a reference to  the Competition Commission. Section 144 was also a mended by 
Schedule 25 to the Enterprise Act 2002. 
(d) Subsections (1), (1A) and (2) were substituted by  Schedule 25 to the Enterprise Act 2002. 
(e) Schedule 2A was inserted by S.I. 1996/2967 and pa ragraph 17 was subsequently amended by Schedule 25 to the Enterprise 
Act 2002. 
(f) 1989 c. 15. Section 174 was amended by Schedule 1 0 to the Competition Act 1998, Schedule 25 to the E nterprise Act 2002 
and SI 1999/506. There are other amendments to sect ion 174 but none is relevant to this Order.  16  (a)  in paragraph (a) and (d)(iii), for “Competition Com mission” (in each place where it 
occurs) substitute “Competition and Markets Authori ty”; and 
(b)  omit paragraph (d)(ii). 
(3)  In subsection (3), after paragraph (n) insert— 
“(o) Parts 3 and 4 of the Enterprise and Regulatory  Reform Act 2013.” 
(4)  In subsection (4), for “Competition Commission” sub stitute “Competition and Markets 
Authority”. 
Electricity Act 1989 
61.  The Electricity Act 1989( a) is amended as follows. 
62.  In section 3D (exceptions from sections 3A to 3C)( b), in subsection (4), for “the Office of 
Fair Trading”, substitute “the CMA”. 
63.  In section 3F (Authority to consult and cooperate with other authorities)( c), in subsection 
(3), in the definition of “relevant national author ity”— 
(a)  omit paragraph (a), and 
(b)  in paragraph (c), for “the Office of Fair Trading” substitute “the CMA”. 
64.  In section 15 (modification by order under other e nactments)( d), in subsection (2)(b), after 
“the market” insert “or markets”. 
65. —(1) Section 43 (functions with respect to competit ion)( e) is amended as follows. 
(2)  In subsection (2), for “Office of Fair Trading” sub stitute “CMA”. 
(3)  In subsection (2A)— 
(a)  for “Office of Fair Trading” substitute “CMA”, 
(b)  for “and 171” substitute “, 171 and 174E”, and 
(c)  for “relating to” substitute— 
“those functions— 
(a) are exercisable by the CMA Board (within the me aning of Schedule 4 to the 
Enterprise and Regulatory Reform Act 2013), and 
(b) relate to”. 
(4)  In subsection (2B)— 
(a)  for “above, references” substitute— 
“above— 
(a) references”, 
(b)  for “Office of Fair Trading” substitute “CMA”, 
(c)  for “and 171” substitute “, 171 and 174E”, and 
(d)  for “requires).” substitute— 
“requires); 
                                                                                                                                            
(a) 1989 c. 29. 
(b) Inserted by section 16 of the Utilities Act 2000 and subsequently amended by Schedule 25 to the Ente rprise Act 2002. 
There are other amendments to section 3D but none i s relevant to this Order. 
(c) Inserted by S.I. 2011/2704. 
(d) Subsection (2) was substituted by Schedule 9 to t he Enterprise Act 2002. There are other amendments to section 15 but 
none is relevant to this Order. 
(e) Amended by Schedules 2, 4 and 17 to the Deregulat ion and Contracting Out Act 1994 (c. 40), Schedule 10 to the 
Competition Act 1998, S.I. 1999/506, Schedules 9 an d 25 to the Enterprise Act 2002, S.I. 2004/1261 and  Schedule 15 to the 
Enterprise and Regulatory Reform Act 2013. There ar e other amendments to section 43 but none is releva nt to this Order.  17  (b) references in that Part to section 5 of the Act  of 2002 are to be construed as 
including references to section 47(1) of this Act.”  
(5)  After subsection (2B) insert— 
“(2C) Section 130A of the Enterprise Act 2002 is to  have effect in its application in 
relation to the Authority by virtue of subsections (2) and (2A)— 
(a) as if for subsection (1) of that section there were substituted— 
“(1) Where the Gas and Electricity Markets Authorit y— 
(a) is proposing to carry out its functions under s ection 47(1) of the Electricity 
Act 1989 in relation to a matter for the purposes m entioned in subsection 
(2), and 
(b) considers that the matter is one in respect of which it would be appropriate 
for the Authority to exercise its powers under sect ion 174 (investigation) in 
connection with deciding whether to make a referenc e under section 131, 
the Authority must publish a notice under this sect ion (referred to in this Part as a 
“market study notice”).”, and 
(b) as if in subsection (2)(a) of that section, for  “the acquisition or supply of goods or 
services of one or more than one description in the  United Kingdom” there were 
substituted “commercial activities connected with t he generation, transmission or 
supply of electricity or the use of electricity int erconnectors”.” 
(6)  In subsection (3), for “Office of Fair Trading” (in  each place where it occurs) substitute 
“CMA”. 
(7)  In subsection (3A) for “the Office of Fair Trading”  substitute “the CMA”. 
(8)  In subsections (4) and (4A) for “Office of Fair Tra ding” (in each place where it occurs) 
substitute “CMA”. 
(9)  In subsection (5)— 
(a)  in the words before paragraph (a)— 
(i)  for “the Competition Commission” substitute “a CMA group”, 
(ii)  for “reference made to them by the Authority” subst itute “market investigation 
reference made by the Authority (under section 131 of the Act of 2002)”, and 
(b)  for “Commission” (in each place where it occurs) su bstitute “group”. 
(10)  After subsection (5) insert— 
“(5A) In subsection (5) “CMA group” has the same me aning as in Schedule 4 to the 
Enterprise and Regulatory Reform Act 2013.” 
(11)  In subsection (6), for “the Office of Fair Trading”  substitute “the CMA”. 
(12)  In subsection (6A), for “Office of Fair Trading” su bstitute “CMA”. 
66.  In section 47 (general functions)( a), in subsection (3), for “the Office of Fair Tradi ng” (in 
each place where it occurs) substitute “the CMA”. 
67.  In section 48 (publication of information and advi ce)( b), in subsection (3), for “The Office 
of Fair Trading” substitute “The CMA”. 
68. —(1) Section 56CB (references under section 56C: ap plication of Enterprise Act 2002)( c) is 
amended as follows. 
(2)  In subsection (1), after “subsections” insert “(1A) ,”. 
                                                                                                                                            
(a) Subsection (3) was amended by Schedule 25 to the Enterprise Act 2002. There are other amendments to section 47 but none 
is relevant to this Order. 
(b) Amended by section 3 of the Utilities Act 2000 an d Schedule 25 to the Enterprise Act 2002. There are  other amendments to 
section 48 but none is relevant to this Order. 
(c) Inserted by Schedule 25 to the Enterprise Act 200 2 and subsequently amended by Schedule 16 to the Co mmunications Act 
2003 (c. 21) and Schedule 6 to the Enterprise and R egulatory Reform Act 2013.  18  (3)  After subsection (1), insert— 
“(1A) Section 109 shall, in its application by virt ue of subsection (1) above, have effect as 
if— 
(a) for subsection (A1), there were substituted— 
“(A1) For the purposes of this section, a permitted  purpose is assisting the CMA in 
carrying out any functions exercisable by it in con nection with a reference under 
section 56C of the Electricity Act 1989.”, and 
(b) subsection (8A) were omitted.” 
(4)  In subsection (2)— 
(a)  at the end of paragraph (a), omit “and”, and 
(b)  after that paragraph, insert— 
“(aa) after subsection (3), there were inserted— 
“(3A) No penalty shall be imposed by virtue of subs ection (1) or (3) if more than 4 
weeks have passed since the publication of the repo rt of the CMA on the reference 
concerned; but this subsection shall not apply in r elation to any variation or 
substitution of the penalty which is permitted by v irtue of this Part.”; and”. 
(5)  For subsection (3) substitute— 
“(3) Section 111(5)(b) shall, in its application by  virtue of subsection (1) above, have 
effect as if for sub-paragraph (ii) there were subs tituted— 
 “(ii) if earlier, the day on which the report of t he CMA on the reference 
concerned is made or, if no such report is made wit hin the period 
permitted for that purpose, the latest day on which  the report may be 
made within the permitted period.”.” 
Companies Act 1989 
69.  In section 87 of the Companies Act 1989 (exception s from restrictions on disclosure)( a), in 
subsection (4), in the Table, in the entry relating  to the Office of Fair Trading, for “The Office of 
Fair Trading” substitute “The Competition and Marke ts Authority”. 
Broadcasting Act 1990 
70.  The Broadcasting Act 1990( b) is amended as follows. 
71.  In section 193 (modification of networking arrange ments in consequence of competition 
legislation)( c)— 
(a)  in subsection (2)(b), after “the market” insert “or  markets”, and 
(b)  in subsection (2A), for “Office of Fair Trading, th e Competition Commission” (in each 
place where it occurs) substitute “Competition and Markets Authority”. 
72. —(1) Section 194A (modification of Restrictive Trad e Practices Act 1976 in its application 
to agreements relating to Channel 3 news provision) ( d) is amended as follows. 
(2)  In subsections (2) and (5) to (8), for “OFT” (in ea ch place where it occurs) substitute 
“CMA”. 
                                                                                                                                            
(a) 1989 c. 40. Section 87(4) was amended by Schedule  25 to the Enterprise Act 2002 and S.I. 2001/3649. There are other 
amendments to section 87 but none is relevant to th is Order. 
(b) 1990 c. 42. 
(c) Section 193 was substituted by Schedule 9 to the Enterprise Act 2002 and subsection (2A) was subsequ ently inserted by 
Schedule 15 to the Communications Act 2003. There a re other amendments to section 193 but none is rele vant to this 
Order. 
(d) Section 194A was inserted by section 77(1) of the  Broadcasting Act 1996 (c. 55) and subsequently ame nded by section 3 of 
and Schedule 2 to the Competition Act 1998, Schedul e 25 to the Enterprise Act 2002 and section 372 of the 
Communications Act 2003.  19  (3)  In subsection (9)— 
(a)  in the definition of “Chapter III powers”, for “OFT ” substitute “CMA”, 
(b)  omit the definition of “OFT”, and 
(c)  in the appropriate place insert— 
““CMA” means the Competition and Markets Authority; ”. 
Water Industry Act 1991 
73.  The Water Industry Act 1991( a) is amended as follows. 
74.  In section 2 (general duties with respect to water  industry)( b), in subsection (6B), for “the 
Office of Fair Trading (in this Act referred to as “the OFT”)” substitute “the CMA”. 
75. —(1) Section 14B (references under section 14: powe rs of investigation)( c) is amended as 
follows. 
(2)  In subsection (1), after “subsections” insert “(1A) ,”. 
(3)  After subsection (1), insert— 
“(1A) Section 109 shall, in its application by virt ue of subsection (1) above, have effect as 
if— 
(a) for subsection (A1), there were substituted— 
“(A1) For the purposes of this section, a permitted  purpose is assisting the CMA in 
carrying out any functions exercisable by it in con nection with a reference under 
section 14 of the Water Industry Act 1991.”, and 
(b) subsection (8A) were omitted.” 
(4)  In subsection (2)— 
(a)  at the end of paragraph (a), omit “and”, 
(b)  after that paragraph, insert— 
“(aa) after subsection (3), there were inserted— 
“(3A) No penalty shall be imposed by virtue of subs ection (1) or (3) if more than 4 
weeks have passed since the publication of the repo rt of the CMA on the reference 
concerned; but this subsection shall not apply in r elation to any variation or 
substitution of the penalty which is permitted by v irtue of this Part.”; and”. 
(5)  For subsection (3) substitute— 
“(3) Section 111(5)(b) shall, in its application by  virtue of subsection (1) above, have 
effect as if for sub-paragraph (ii) there were subs tituted— 
 “(ii) if earlier, the day on which the report of t he CMA on the reference 
concerned is made or, if no such report is made wit hin the period 
permitted for that purpose, the latest day on which  the report may be 
made within the permitted period.”.” 
76. —(1) Section 16B (competition authority’s power of veto following report: 
supplementary)( d) is amended as follows. 
(2)  In subsection (6), after “subsections” insert “(6A) ,”. 
(3)  After subsection (6), insert— 
                                                                                                                                            
(a) 1991 c. 56. 
(b) Subsections (6A) and (6B) were inserted by Schedu le 10 to the Competition Act 1998 and subsequently amended by 
Schedule 25 to the Enterprise Act 2002 and by virtu e of section 36 and by section 39 of the Water Act 2003 (c. 37). There 
are other amendments to section 2 but none is relev ant to this Order. 
(c) Inserted by Schedule 25 to the Enterprise Act 200 2. 
(d) Inserted by section 55 of the Water Act 2003 and amended by Schedule 6 to the Enterprise and Regulat ory Reform Act 
2013.  20  “(6A) Section 109 shall, in its application by virt ue of subsection (6) above, have effect as 
if— 
(a) for subsection (A1), there were substituted— 
“(A1) For the purposes of this section, a permitted  purpose is assisting the CMA in 
carrying out any functions exercisable by it in con nection with an investigation for 
the purposes of the exercise of its functions under  section 16A of the Water Industry 
Act 1991.”, and 
(b) subsection (8A) were omitted.” 
(4)  In subsection (7), for paragraph (b), substitute— 
“(b) after subsection (3), there were inserted— 
“(3A) No penalty shall be imposed by virtue of subs ection (1) or (3) if more than 4 
weeks have passed since the publication by the CMA of a notice under section 
16A(9) of the Water Industry Act 1991 in connection  with the reference concerned 
or, if no direction has been given by the CMA under  section 16A(1) of that Act in 
connection with the reference concerned and within the period permitted for that 
purpose, the latest day on which it was possible to  give such a direction within the 
permitted period; but this subsection shall not app ly in relation to any variation or 
substitution of the penalty which is permitted by v irtue of this Part.”; and”. 
77.  In section 17 (modification by order under other e nactments)( a), in subsection (2)(b), after 
“the market” insert “or markets”. 
78. —(1) Section 17M (references under section 17K: pow ers of investigation)( b) is amended as 
follows. 
(2)  In subsection (1), after “subsections” insert “(1A) ,”. 
(3)  After subsection (1), insert— 
“(1A) Section 109 shall, in its application by virt ue of subsection (1) above, have effect as 
if— 
(a) for subsection (A1), there were substituted— 
“(A1) For the purposes of this section, a permitted  purpose is assisting the CMA in 
carrying out any functions exercisable by it in con nection with a reference under 
section 17K of the Water Industry Act 1991.”, and 
(b) subsection (8A) were omitted.” 
(4)  In subsection (2)— 
(a)  at the end of paragraph (a), omit “and”, 
(b)  after that paragraph, insert— 
“(aa) after subsection (3), there were inserted— 
“(3A) No penalty shall be imposed by virtue of subs ection (1) or (3) if more than 4 
weeks have passed since the publication of the repo rt of the CMA on the reference 
concerned; but this subsection shall not apply in r elation to any variation or 
substitution of the penalty which is permitted by v irtue of this Part.”; and”. 
(5)  For subsection (3) substitute— 
“(3) Section 111(5)(b) shall, in its application by  virtue of subsection (1) above, have 
effect as if for sub-paragraph (ii) there were subs tituted— 
 “(ii) if earlier, the day on which the report of t he CMA on the reference 
concerned is made or, if no such report is made wit hin the period 
permitted for that purpose, the latest day on which  the report may be 
made within the permitted period.”.” 
                                                                                                                                            
(a) Amended by Schedule 9 to the Enterprise Act 2002 and by Schedule 6 to the Enterprise and Regulatory Reform Act 2013. 
(b) Inserted by Schedule 4 to the Water Act 2003.  21  79. —(1) Section 17Q (section 17P: supplementary)( a) is amended as follows. 
(2)  In subsection (6), after “subsections” insert “(6A) ,”. 
(3)  After subsection (6), insert— 
“(6A) Section 109 shall, in its application by virt ue of subsection (6) above, have effect as 
if— 
(a) for subsection (A1), there were substituted— 
“(A1) For the purposes of this section, a permitted  purpose is assisting the CMA in 
carrying out any functions exercisable by it in con nection with an investigation for 
the purposes of the exercise of its functions under  section 17P of the Water Industry 
Act 1991.”, and 
(b) subsection (8A) were omitted.” 
(4)  In subsection (7), for paragraph (b), substitute— 
“(b) after subsection (3), there were inserted— 
“(3A) No penalty shall be imposed by virtue of subs ection (1) or (3) if more than 4 
weeks have passed since the publication by the CMA of a notice under section 
17P(9) of the Water Industry Act 1991 in connection  with the reference concerned 
or, if no direction has been given by the CMA under  section 17P(1) of that Act in 
connection with the reference concerned and within the period permitted for that 
purpose, the latest day on which it was possible to  give such a direction within the 
permitted period; but this subsection shall not app ly in relation to any variation or 
substitution of the penalty which is permitted by v irtue of this Part.”; and”. 
80.  In section 17R (modification by order under other enactments)( b), in subsection (2)(b), after 
“the market” insert “or markets”. 
81.  In section 27 (general duty of Authority to keep m atters under review)( c), in subsection (4), 
for “the OFT” (in each place where it occurs) subst itute “the CMA”. 
82.  In section 27E (provision of advice and informatio n to public authorities)( d), in subsection 
(7), for “Competition Commission” substitute “CMA”.  
83.  In section 29A (power of Council to investigate ot her matters)( e), in subsection (3), for 
“OFT” substitute “CMA”. 
84. —(1) Section 31 (functions of Authority with respec t to competition)( f) is amended as 
follows. 
(2)  In subsection (2), for “OFT” substitute “CMA”. 
(3)  In subsection (2A)— 
(a)  for “OFT” substitute “CMA”, 
(b)  for “and 171” substitute “, 171 and 174E”, and 
(c)  for “relating to” substitute— 
“those functions— 
                                                                                                                                            
(a) Inserted by Schedule 4 to the Water Act 2003 and amended by Schedule 6 to the Enterprise and Regulat ory Reform Act 
2013. 
(b) Inserted by Schedule 4 to the Water Act 2003 and amended by Schedule 6 to the Enterprise and Regulat ory Reform Act 
2013. 
(c) Subsection (4) was amended by Schedule 25 to the Enterprise Act 2002 and by section 36 of and Schedu le 8 to the Water 
Act 2003. There are other amendments to section 27 but none is relevant to this Order. 
(d) Inserted by section 43 of the Water Act 2003. 
(e) Inserted by section 47 of the Water Act 2003. 
(f) Amended by Schedule 10 to the Competition Act 199 8, S.I. 1999/506, Schedules 9 and 25 to the Enterpr ise Act 2002, by 
virtue of section 36 of the Water Act 2003, by S.I.  2004/1261, S.I. 2012/1809 and by Schedule 15 to th e Enterprise and 
Regulatory Reform Act 2013.  22  (a) are exercisable by the CMA Board (within the me aning of Schedule 4 to the 
Enterprise and Regulatory Reform Act 2013), and 
(b) relate to”. 
(4)  In subsection (3), for “OFT” (in each place where i t occurs) substitute “CMA”. 
(5)  In subsection (4)— 
(a)  for “above, references” substitute— 
“above— 
(a) references”, 
(b)  for “OFT” substitute “CMA”, 
(c)  for “and 171” substitute “, 171 and 174E”, and 
(d)  for “requires).” substitute— 
“requires); 
(b) references in that Part to section 5 of the 200 2 Act are to be construed as including 
references to section 27(1) and (2) of this Act.” 
(6)  After subsection (4) insert— 
“(4ZA) Section 130A of the 2002 Act is to have effe ct in its application in relation to the 
Authority by virtue of subsections (2) and (2A)— 
(a) as if for subsection (1) of that section there were substituted— 
“(1) Where the Water Services Regulation Authority—  
(a) is proposing to carry out its functions under s ection 27(1) and (2) of the 
Water Industry Act 1991 in relation to a matter for  the purposes mentioned 
in subsection (2), and 
(b) considers that the matter is one in respect of which it would be appropriate 
for the Authority to exercise its powers under sect ion 174 (investigation) in 
connection with deciding whether to make a referenc e under section 131, 
the Authority must publish a notice under this sect ion (referred to in this Part as a 
“market study notice”).”, and 
(b) as if in subsection (2)(a) of that section, for  “the acquisition or supply of goods or 
services of one or more than one description in the  United Kingdom” there were 
substituted “commercial activities connected with t he supply of water or the 
provision of sewerage services (within the meaning given by section 219(1) of the 
Water Industry Act 1991)”.” 
(7)  In subsection (4A), for “the OFT” substitute “the C MA”. 
(8)  In subsections (5) and (6), for “OFT” (in each plac e where it occurs) substitute “CMA”. 
(9)  In subsection (7)— 
(a)  in the words before paragraph (a)— 
(i)  for “the Competition Commission” substitute “a CMA group”, 
(ii)  for “reference made to them by the Authority” subst itute “market investigation 
reference made by the Authority (under section 131 of the 2002 Act)”, and 
(b)  for “Commission” (in each place where it occurs) su bstitute “group”. 
(10)  After subsection (7) insert— 
“(7A) In subsection (7) “CMA group” has the same me aning as in Schedule 4 to the 
Enterprise and Regulatory Reform Act 2013.” 
(11)  In subsection (8), for “the OFT” substitute “the CM A”. 
(12)  In subsection (8A), for “OFT” substitute “CMA”.  23  85.  In section 32 (duty to refer merger of water or se werage undertaking)( a), for the words from 
“OFT” (where it first appears) to “believes” substi tute “CMA to make a reference to its chair for 
the constitution of a group under Schedule 4 to the  Enterprise and Regulatory Reform Act 2013 if 
the CMA believes”. 
86.  In section 33 (exclusion of small mergers from dut y to make reference), in subsections (1) 
and (6), for “OFT” (in each place where it occurs) substitute “CMA”. 
87.  In section 35 (construction of merger provisions)( b), in subsections (3) and (5), for “OFT” 
(in each place where it occurs) substitute “CMA”. 
88.  In section 66D (sections 66A to 66C: determination s and agreements)( c), in subsection (9), 
for “OFT” substitute “CMA”. 
89.  In section 192B (annual and other reports)( d), in subsection (1), in paragraph (b)— 
(a)  for “Competition Commission” substitute “CMA”, and 
(b)  for “by it” substitute “by the Authority”. 
90.  In section 195 (the Authority’s register)( e), in subsection (2)(b), for “Competition 
Commission” substitute “CMA”. 
91.  In section 201 (publication of certain information  and advice)( f), in subsection (4), for 
“OFT” substitute “CMA”. 
92. —(1) Section 206 (restriction on disclosure of info rmation)( g) is amended as follows. 
(2)  In subsections (3)(a) and (4)(a), for “Competition Commission” (in each place where it 
occurs) substitute “CMA”. 
(3)  In subsection (9A), for “OFT” substitute “CMA”. 
93. —(1) Schedule 4ZA (application of provisions of Ent erprise Act 2002 to mergers of water 
enterprises)( h) is amended as follows. 
(2)  In paragraph 2, for “3 to 6” substitute “2A to 6”. 
(3)  After paragraph 2, insert— 
“2A.  Where a reference is made to the chair of the CMA under section 32 for the 
constitution of a group under Schedule 4 to the Ent erprise and Regulatory Reform Act 
2013, the functions of the CMA in relation to the m atter are to be carried out on behalf of 
the CMA by the group so constituted in any case whe re those functions would be carried 
out by a group so constituted in relation to a refe rence under Part 3 of that Act.” 
(4)  In paragraph 3— 
(a)  in sub-paragraphs (1) and (2), for “Competition Com mission” substitute “CMA”, and 
(b)  in sub-paragraphs (3) to (6)— 
(i)  for “Competition Commission” substitute “CMA”, and 
(ii)  for the words from “in pursuance” to the end substi tute “under Schedule 4 to the 
Enterprise and Regulatory Reform Act 2013”. 
                                                                                                                                            
(a) Sections 32 to 35 of the Water Industry Act 1991 were substituted by section 70 of the Enterprise Ac t 2002. 
(b) There is an amendment to section 35 (as substitut ed by section 70 of the Enterprise Act 2002) but it  is not relevant to this 
Order. 
(c) Inserted by Schedule 4 to the Water Act 2003. 
(d) Inserted by section 38 of the Water Act 2003. 
(e) Amended by virtue of section 36 of the Water Act 2003 and by S.I. 1999/506. There are other amendmen ts to section 195 
but none is relevant to this Order. 
(f) Amended by virtue of section 36 of the Water Act 2003 and by Schedule 25 to the Enterprise Act 2002.  There are other 
amendments to section 201 but none is relevant to t his Order. 
(g) Amended by virtue of section 36 of the Water Act 2003, by Schedule 25 to the Enterprise Act 2002 and  by S.I. 1999/506. 
There are other amendments to section 206 but none is relevant to this Order. 
(h) Inserted by section 70(2) of and Schedule 6 to th e Enterprise Act 2002. There are amendments to Sche dule 4ZA but none is 
relevant to this Order.  24  (5)  In paragraph 4, for “Competition Commission” (in ea ch place where it occurs) substitute 
“CMA”. 
(6)  In paragraph 5, for “OFT” substitute “CMA”. 
(7)  In paragraphs 6 and 7, for “Competition Commission”  substitute “CMA”. 
94.  In Schedule 15 (disclosure of information)( a)— 
(a)  in Part 1 (persons in respect of whose functions di sclosure may be made), omit “The 
OFT.” and for “Competition Commission” substitute “ CMA”, and 
(b)  in Part 2 (enactments etc in respect of which discl osure may be made), at the end insert— 
“Parts 3 and 4 of the Enterprise and Regulatory Ref orm Act 2013.” 
Water Resources Act 1991 
95.  The Water Resources Act 1991( b) is amended as follows. 
96.  In section 204 (restriction on disclosure of infor mation)( c), in subsections (2)(a) and (3)(a), 
for “Competition Commission” (in each place where i t occurs) substitute “Competition and 
Markets Authority”. 
97.  In Schedule 24 (disclosure of information)( d)— 
(a)  in Part 1 (persons in respect of whose functions di sclosure may be made), omit “The 
Office of Fair Trading” and for “The Competition Co mmission” substitute “The 
Competition and Markets Authority”, and 
(b)  in Part 2 (enactments etc in respect of which discl osure may be made), at the end insert— 
“Parts 3 and 4 of the Enterprise and Regulatory Ref orm Act 2013.” 
Tribunals and Inquiries Act 1992 
98.  In section 14(1) of the Tribunals and Inquiries Ac t 1992 (restricted application of Act in 
relation to certain tribunals)( e)— 
(a)  at the end of paragraph (a), insert “or”, and 
(b)  omit paragraph (b). 
Railways Act 1993 
99.  The Railways Act 1993( f) is amended as follows. 
100.  In section 4 (general duties of the Secretary of S tate and the Office of Rail Regulation)( g), 
in subsection (7B), for “the Office of Fair Trading ” substitute “the CMA”. 
101. —(1) Section 13B (references under section 13: appl ication of Enterprise Act 2002)( h) is 
amended as follows. 
                                                                                                                                            
(a) Amended by Schedule 25 to the Enterprise Act 2002  and by S.I. 1999/506. There are other amendments t o Schedule 15 but 
none is relevant to this Order. 
(b) 1991 c. 57. 
(c) Amended by S.I. 1999/506. There are other amendme nts to section 204 but none is relevant to this Ord er. 
(d) Amended by Schedule 25 to the Enterprise Act 2002  and by S.I. 1999/506. There are other amendments t o Schedule 24 but 
none is relevant to this Order. 
(e) Amended by Schedule 25 to the Enterprise Act 2002  and Schedule 8 to the Tribunals, Courts and Enforc ement Act 2007 (c. 
15). There are other amendments to section 14 but n one is relevant to this Order. 
(f) 1993 c. 43. 
(g) Subsection (7B) was inserted by  Schedule 10 to t he Competition Act 1998 and amended by Schedule 25 to the Enterprise 
Act 2002 and by Schedule 2 to the Railways and Tran sport Safety Act 2003 (c. 20). There are other amen dments to section 
4 but none is relevant to this Order. 
(h) Inserted by Schedule 25 to the Enterprise Act 200 2 and amended by Schedule 16 to the Communications Act 2003 and by 
Schedule 6 to the Enterprise and Regulatory Reform Act 2013.  25  (2)  In subsection (1), after “subsections” insert “(1A) ,”. 
(3)  After subsection (1), insert— 
“(1A) Section 109 shall, in its application by virt ue of subsection (1) above, have effect as 
if— 
(a) for subsection (A1), there were substituted— 
“(A1) For the purposes of this section, a permitted  purpose is assisting the CMA in 
carrying out any functions exercisable by it in con nection with a reference under 
section 13 of the Railways Act 1993.”, and 
(b) subsection (8A) were omitted.” 
(4)  In subsection (2)— 
(a)  at the end of paragraph (a), omit “and”, 
(b)  after that paragraph, insert— 
“(aa) after subsection (3), there were inserted— 
“(3A) No penalty shall be imposed by virtue of subs ection (1) or (3) if more than 4 
weeks have passed since the publication of the repo rt of the CMA on the reference 
concerned; but this subsection shall not apply in r elation to any variation or 
substitution of the penalty which is permitted by v irtue of this Part.”; and”. 
(5)  For subsection (3) substitute— 
“(3) Section 111(5)(b) shall, in its application by  virtue of subsection (1) above, have 
effect as if for sub-paragraph (ii) there were subs tituted— 
 “(ii) if earlier, the day on which the report of t he CMA on the reference 
concerned is made or, if no such report is made wit hin the period 
permitted for that purpose, the latest day on which  the report may be 
made within the permitted period.”.” 
102. —(1) Section 15C (sections 15A and 15B: supplementa ry)( a) is amended as follows. 
(2)  In subsection (2D), after “subsections” insert “(2D A),”. 
(3)  After subsection (2D), insert— 
“(2DA) Section 109 shall, in its application by vir tue of subsection (2D) above, have 
effect as if— 
(a) for subsection (A1), there were substituted— 
“(A1) For the purposes of this section, a permitted  purpose is assisting the CMA in 
carrying out any functions exercisable by it in con nection with an investigation for 
the purposes of the exercise of its functions under  section 15A or 15B of the 
Railways Act 1993.”, and 
(b) subsection (8A) were omitted.” 
(4)  In subsection (2E)— 
(a)  for paragraph (b), substitute— 
“(b) after subsection (3), there were inserted— 
“(3A) No penalty shall be imposed by virtue of subs ection (1) or (3) if more than 4 
weeks have passed since the sending of a copy to th e Office of Rail Regulation under 
section 15B(5) of the Railways Act 1993 of the modi fications made by the CMA in 
connection with the reference concerned or, if no d irection has been given by the 
CMA under section 15A(1) of that Act in connection with the reference concerned 
and within the period permitted for that purpose, t he latest day on which it was 
possible to give such a direction within the permit ted period; but this subsection shall 
                                                                                                                                            
(a) Inserted by section 242 of the Transport Act 2000  and amended by Schedule 25 to the Enterprise Act 2 002 and Schedule 6 
to the Enterprise and Regulatory Reform Act 2013. T here are other amendments to section 15C but none i s relevant to this 
Order.  26  not apply in relation to any variation or substitut ion of the penalty which is permitted 
by virtue of this Part.”; and”. 
103.  In section 16 (modification by order under other e nactments)( a), in subsection (2)(b), after 
“the market” insert “or markets”. 
104.  In section 22 (amendment of access agreements)( b), in subsection (6A), for “the Office of 
Fair Trading” substitute “the CMA”. 
105. —(1) Section 67 (competition functions)( c) is amended as follows. 
(2)  In subsection (2), for “OFT” substitute “CMA”. 
(3)  In subsection (2A)— 
(a)  for “OFT” substitute “CMA”, 
(b)  for “and 171” substitute “, 171 and 174E”, and 
(c)  for “relating to” substitute— 
“those functions— 
(a) are exercisable by the CMA Board (within the me aning of Schedule 4 to the 
Enterprise and Regulatory Reform Act 2013), and 
(b) relate to”. 
(4)  In subsection (2B)— 
(a)  for “above, references” substitute— 
“above— 
(a) references”, 
(b)  for “OFT” substitute “CMA”, 
(c)  for “and 171” substitute “, 171 and 174E”, and 
(d)  for “requires).” substitute— 
“requires); 
(b) references in that Part to section 5 of the Act  of 2002 are to be construed as 
including references to section 69(1) of this Act.”  
(5)  After subsection (2B) insert— 
“(2C) Section 130A of the Act of 2002 is to have ef fect in its application in relation to the 
Office of Rail Regulation by virtue of subsections (2) and (2A)— 
(a) as if for subsection (1) of that section there were substituted— 
“(1) Where the Office of Rail Regulation— 
(a) is proposing to carry out its functions under s ection 69(1) of the Railways 
Act 1993 in relation to a matter for the purposes m entioned in subsection 
(2), and 
(b) considers that the matter is one in respect of which it would be appropriate 
for it to exercise its powers under section 174 (in vestigation) in connection 
with deciding whether to make a reference under sec tion 131, 
                                                                                                                                            
(a) Amended by Schedule 9 to the Enterprise Act 2002 and Schedule 6 to the Enterprise and Regulatory Ref orm Act 2013. 
There are other amendments to section 16 but none i s relevant to this Order. 
(b) Inserted by Schedule 10 to the Competition Act 19 98 and amended by Schedule 25 to the Enterprise Act  2002 and by 
Schedule 2 to the Railways and Transport Safety Act  2003. There are other amendments to section 22 but  none is relevant 
to this Order. 
(c) Amended by Schedules 4 and 17 to the Deregulation  and Contacting Out Act 1994, Schedule 10 to the Co mpetition Act 
1998, S.I. 1999/506, Schedules 9 and 25 to the Ente rprise Act 2002, by Schedule 2 to the Railways and Transport Safety 
Act 2003, by S.I. 2003/1398, S.I. 2004/1261, S.I. 2 012/1809 and by Schedules 14 and 15 to the Enterpri se and Regulatory 
Reform Act 2013. There are other amendments to sect ion 67 but none is relevant to this Order.  27  the Office of Rail Regulation must publish a notice  under this section (referred to in 
this Part as a “market study notice”).”, and 
(b) as if in subsection (2)(a) of that section, for  “the acquisition or supply of goods or 
services of one or more than one description in the  United Kingdom” there were 
substituted “the supply of services relating to rai lways within the meaning of 
section 67(3ZA) of the Railways Act 1993”.” 
(6)  In subsections (3), (4) and (4A), for “OFT” (in eac h place where it occurs) substitute 
“CMA”. 
(7)  In subsection (3A), for “the OFT” substitute “the C MA” 
(8)  In subsection (5)— 
(a)  in the words before paragraph (a), for “the Competi tion Commission” substitute “a CMA 
group”, and 
(b)  for “Commission” (in each place where it occurs) su bstitute “group”. 
(9)  In subsection (6)— 
(a)  in paragraph (a) for “reference made to the Competi tion Commission by the Office of 
Rail Regulation” substitute “market investigation r eference made by the Office of Rail 
Regulation (under section 131 of the Enterprise Act  2002)”, and 
(b)  in paragraph (b) for “Commission” substitute “CMA”.  
(10)  After subsection (6) insert— 
“(6A) In subsection (5) “CMA group” has the same me aning as in Schedule 4 to the 
Enterprise and Regulatory Reform Act 2013.” 
(11)  In subsection (7)— 
(a)  for “Competition Commission” substitute “CMA”, and 
(b)  for “Commission” substitute “CMA”. 
(12)  In subsection (8), for “the OFT” substitute “the CM A”. 
(13)  In subsection (9), for “OFT” substitute “CMA”. 
(14)  For the heading substitute “Competition functions o f the Office of Rail Regulation”. 
106.  In section 69 (general functions)( a), in subsection (3), for “the OFT” (in each place where 
it occurs) substitute “the CMA”. 
107.  In section 71 (publication of information and advi ce)( b), in subsection (3), for “The OFT” 
substitute “The CMA”. 
108.  In section 72 (keeping of register by the Office o f Rail Regulation)( c), in subsection 
(2)(b)(vb), for “Competition Commission” substitute  “CMA”. 
109. —(1) Section 145 (general restrictions on disclosur e of information)( d) is amended as 
follows. 
(2)  In subsection (2)— 
(a)  in paragraph (a), for “Competition Commission” subs titute “Competition and Markets 
Authority”, 
(b)  in paragraph (b)— 
                                                                                                                                            
(a) Amended by Schedule 25 to the Enterprise Act 2002  and by Schedule 2 to the Railways and Transport Sa fety Act 2003. 
There are other amendments to section 69 but none i s relevant to this Order. 
(b) Amended by Schedule 25 to the Enterprise Act 2002  and by Schedule 2 to the Railways and Transport Sa fety Act 2003. 
(c) Section 72(2)(b)(vb) was inserted by Schedule 27 to the Transport Act 2000. There are other amendmen ts to section 72 but 
none is relevant to this Order. 
(d) Amended by Schedule 10 to the Competition Act 199 8, Schedule 25 to the Enterprise Act 2002, Schedule  2 to the Railways 
and Transport Safety Act 2003 and by S.I. 1999/506.  There are other amendments to section 145 but none  is relevant to this 
Order.  28  (i)  omit sub-paragraph (ii), and 
(ii)  in sub-paragraph (iii) for “Competition Commission”  substitute “Competition and 
Markets Authority”. 
(3)  In subsection (3), after paragraph (s), insert— 
“(t) Parts 3 and 4 of the Enterprise and Regulatory  Reform Act 2013”. 
(4)  In subsection (5)(a), for “Competition Commission” substitute “Competition and Markets 
Authority”. 
(5)  In subsection (6A), for “the Office of Fair Trading ” substitute “the Competition and Markets 
Authority”. 
110.  Schedule 4A (review of access charges by the Regul ator)( a) is amended as follows. 
111. —(1) Paragraph 10A (references under paragraph 9: a pplication of Enterprise Act 2002)( b) 
is amended as follows. 
(2)  In sub-paragraph (1), after “sub-paragraphs” insert  “(1A),”. 
(3)  After sub-paragraph (1), insert— 
“(1A) Section 109 shall, in its application by virt ue of sub-paragraph (1) above, have 
effect as if— 
(a) for subsection (A1), there were substituted— 
“(A1) For the purposes of this section, a permitted  purpose is assisting the CMA in 
carrying out any functions exercisable by it in con nection with a reference under 
paragraph 9 of Schedule 4A to the Railways Act 1993 .”, and 
(b) subsection (8A) were omitted.” 
(4)  In sub-paragraph (2)— 
(a)  at the end of paragraph (a), omit “and”, 
(b)  after that paragraph, insert— 
“(aa) after subsection (3), there were inserted— 
“(3A) No penalty shall be imposed by virtue of subs ection (1) or (3) if more than 4 
weeks have passed since the publication of the repo rt of the CMA on the reference 
concerned; but this subsection shall not apply in r elation to any variation or 
substitution of the penalty which is permitted by v irtue of this Part.”; and”. 
(5)  For sub-paragraph (3) substitute— 
“(3) Section 111(5)(b) shall, in its application by  virtue of sub-paragraph (1) above, have 
effect as if for sub-paragraph (ii) there were subs tituted— 
 “(ii) if earlier, the day on which the report of t he CMA on the reference 
concerned is made or, if no such report is made wit hin the period 
permitted for that purpose, the latest day on which  the report may be 
made within the permitted period.”.” 
112. —(1) Paragraph 15 (paragraphs 13 and 14: supplement ary)( c) is amended as follows. 
(2)  In subsection (2D), after “subsections” insert “(2D A),”. 
(3)  After sub-paragraph (2D), insert— 
“(2DA) Section 109 shall, in its application by vir tue of sub-paragraph (2D) above, have 
effect as if— 
(a) for subsection (A1), there were substituted— 
                                                                                                                                            
(a) Schedule 4A was inserted by Schedule 24 to the Tr ansport Act 2000. 
(b) Substituted by Schedule 25 to the Enterprise Act 2002 and amended by Schedule 16 to the Communicatio ns Act 2003 and 
Schedule 6 to the Enterprise and Regulatory Reform Act 2013. 
(c) Substituted by Schedule 25 to the Enterprise Act 2002 and amended by Schedule 16 to the Communicatio ns Act 2003 and 
Schedule 6 to the Enterprise and Regulatory Reform Act 2013. There are other amendments not relevant t o this Order  29  “(A1) For the purposes of this section, a permitted  purpose is assisting the CMA in 
carrying out any functions exercisable by it in con nection with an investigation for 
the purposes of the exercise of its functions under  paragraphs 13 or 14 of Schedule 
4A to the Railways Act 1993.”, and 
(b) subsection (8A) were omitted.” 
(4)  In sub-paragraph (2E)— 
(a)  for paragraph (b), substitute— 
“(b) after subsection (3), there were inserted— 
“(3A) No penalty shall be imposed by virtue of subs ection (1) or (3) if more than 4 
weeks have passed since the sending of a copy to th e Office of Rail Regulation under 
paragraph 14 of Schedule 4A to the Railways Act 199 3 of the relevant changes made 
by the CMA in connection with the reference concern ed or, if no direction has been 
given by the CMA under paragraph 13 of that Schedul e to that Act in connection 
with the reference concerned and within the period permitted for that purpose, the 
latest day on which it was possible to give such a direction within the permitted 
period; but this subsection shall not apply in rela tion to any variation or substitution 
of the penalty which is permitted by virtue of this  Part.”; and”. 
Coal Industry Act 1994 
113.  In section 59 of the Coal Industry Act 1994 (infor mation to be kept confidential by the 
Authority)( a)— 
(a)  in subsection (3)(e)— 
(i)  omit sub-paragraph (iv), and 
(ii)  in sub-paragraph (v), for “the Office of Fair Tradi ng” substitute “the Competition 
and Markets Authority”; and 
(b)  in subsection (4), after paragraph (r), insert— 
“(s) Parts 3 and 4 of the Enterprise and Regulatory  Reform Act 2013”. 
Channel Tunnel Rail Link Act 1996 
114.  In section 21 of the Channel Tunnel Rail Link Act 1996 (duties as to exercise of regulatory 
functions)( b), in subsection (7), for “the Office of Fair Tradi ng” substitute “the Competition and 
Markets Authority”. 
Police Act 1997 
115.  The Police Act 1997( c) is amended as follows. 
116. —(1) Section 93 (authorisations to interfere with p roperty etc)( d) is amended as follows. 
(2)  In subsection (1B), for “or an officer of the Offic e of Fair Trading” substitute “or the chair of 
the Competition and Markets Authority”. 
(3)  In subsection (2AA), for “chairman of the Office of  Fair Trading” substitute “chair of the 
Competition and Markets Authority”. 
                                                                                                                                            
(a) 1994 c. 21. Section 59 is amended by Schedule 25 to the Enterprise Act 2002 and by S.I. 1999/506. Th ere are other 
amendments to section 59 but none is relevant to th is Order. 
(b) 1996 c. 61. Section 21 is amended by Schedule 10 to the Competition Act 1998, Schedule 25 to the Ent erprise Act 2002 and 
Schedule 2 to the Railways and Transport Safety Act  2003. There are other amendments to section 21 but  none is relevant 
to this Order. 
(c) 1997 c. 50. 
(d) Amended by section 75 of the Regulation of Invest igatory Powers Act 2000 (c. 23) and section 200 of the Enterprise Act 
2002. There are other amendments to section 93 but none is relevant to this Order.  30  (4)  In subsection (3)(e), for “Office of Fair Trading” substitute “Competition and Markets 
Authority”. 
(5)  In subsection (5)(i), for “chairman of the Office o f Fair Trading” substitute “chair of the 
Competition and Markets Authority”. 
117.  In section 94 (authorisations given in absence of authorising officer)( a), in subsection 
(2)(g), for “Office of Fair Trading” substitute “Co mpetition and Markets Authority”. 
Data Protection Act 1998 
118. —(1) Section 31 of the Data Protection Act 1998 (re gulatory activity)( b) is amended as 
follows. 
(2)  In subsection (5), for “the Office of Fair Trading”  substitute “the Competition and Markets 
Authority”. 
(3)  In subsection (5B), for “Office of Fair Trading” su bstitute “Competition and Markets 
Authority”. 
Greater London Authority Act 1999 
119. —(1) Section 235 of the Greater London Authority Ac t 1999 (restrictions on disclosure of 
information)( c) is amended as follows. 
(2)  In subsection (2)(b), for “Competition Commission” substitute “Competition and Markets 
Authority”. 
(3)  In subsection (2)(c), omit sub-paragraph (ii) and f or sub-paragraph (iii) substitute— 
 “(iii) the Competition and Markets Authority”. 
(4)  In subsection (3), after paragraph (t) insert— 
“(u) Parts 3 and 4 of the Enterprise and Regulatory  Reform Act 2013”. 
Financial Services and Markets Act 2000 
120.  The Financial Services and Markets Act 2000( d) is amended as follows. 
121. —(1) Section 140A (interpretation)( e) is amended as follows. 
(2)  In subsection (1)— 
(i)  omit the definition of “the OFT”, and 
(ii)  in the appropriate place, insert— 
““the CMA” means the Competition and Markets Author ity.”. 
(3)  Omit subsection (2). 
122.  Section 140B (advice about effect of regulating pr ovision or practice) is amended as 
follows. 
(1)  For subsection (2) substitute— 
“(2) The CMA gives “section 140B advice” to a regul ator if— 
                                                                                                                                            
(a) Amended by section 200 of the Enterprise Act 2002 . There are other amendments to section 94 but none  is relevant to this 
Order. 
(b) 1998 c. 29. Section 31 was amended by Schedule 25  to the Enterprise Act 2002 and by S.I. 2006/3363. There are other 
amendments to section 31 but none is relevant to th is Order. 
(c) 1999 c. 29. Section 235 was amended by Schedule 2 5 to the Enterprise Act 2002, Schedule 2 to the Rai lways and Transport 
Safety Act 2003, Schedule 12 to the Railways Act 20 05 and S.I. 2009/1122. There are other amendments t o section 235 but 
none is relevant to this Order. 
(d) 2000 c. 8. 
(e) Part 9A of the Financial Services and Markets Act  2000 (c. 8) (including sections 140A to 140H) was substituted by section 
24 of the Financial Services Act 2012.  31  (a) it gives advice to the regulator under section 7 of the Enterprise Act 2002 
(provision of competition advice to Ministers etc) and the advice states that in the 
opinion of the CMA one or more of the things mentio ned in subsection (4) may 
cause, or contribute to, the effect mentioned in su bsection (5), or might be 
expected to do so in the future; 
(b) a report published by it under section 136 of t he Enterprise Act 2002 
(investigations and reports on market investigation  reference) contains— 
 (i) a decision that one or more of the things ment ioned in subsection (4) may 
cause, or contribute to, the effect mentioned in su bsection (5), and 
 (ii) a recommendation that any action should be ta ken by that regulator.” 
(2)  Omit subsection (3). 
(3)  In subsection (4)(d), for “market” substitute “one or more markets”. 
123.  In section 140C (consultation with regulator), for  “a competition authority” substitute “the 
CMA”. 
124. —(1) Section 140D (investigation powers of OFT) is amended as follows. 
(2)  The existing provision becomes subsection (1) of th at section. 
(3)  In that subsection— 
(a)  in the words before paragraph (a), for “OFT” substi tute “CMA”, 
(b)  for paragraphs (a) and (b) substitute— 
“(a) for subsection (1) there were substituted— 
“(1) For the purposes of this section, a permitted purpose is assisting the CMA in 
deciding whether to exercise its power under sectio n 7 to give advice which for the 
purposes of Chapter 4 of Part 9A of the Financial S ervices and Markets Act 2000 
would be section 140B advice.”, and 
(b) subsection (9A) were omitted.” 
(4)  After that subsection, insert— 
“(2) Where the CMA has exercised any of its powers under section 174 of the Enterprise 
Act 2002, as applied by subsection (1), section 174 B of that Act has effect as if, after 
subsection (9), there were inserted— 
“(10) Where the section 174 power is exercised for the purpose of assisting the 
CMA in deciding whether to exercise its power under  section 7 to give advice which 
for the purposes of Chapter 4 of Part 9A of the Fin ancial Services and Markets Act 
2000 would be section 140B advice, the relevant day  is the day when the CMA 
publishes that advice.”” 
(5)  In the heading, for “OFT” substitute “CMA”. 
125.  For section 140E (publication by OFT of section 14 0B advice) substitute— 
“Publication by CMA of section 140B advice 
140E.  Where the giving of advice under section 7 of the Enterprise Act 2002 to either 
regulator constitutes the giving of section 140B ad vice, the CMA must publish that advice 
in such manner as it thinks fit.” 
126. —(1) Section 140F (duty of Competition Commission t o send report to regulator) is 
amended as follows. 
(2)  In subsection (1)— 
(a)  for “Competition Commission” substitute “CMA”, and 
(b)  for “Commission” substitute “CMA”. 
(3)  In the heading, for “Competition Commission” substi tute “CMA”.  32  127. —(1) Section 140H (role of the Treasury) is amended  as follows. 
(2)  In subsection (1)— 
(a)  in paragraph (a), for “a competition authority” sub stitute “the CMA”, and 
(b)  in paragraph (b), for “competition authority” subst itute “CMA”. 
(3)  In subsections (2), (3) and (5), for “competition a uthority” (in each place where it occurs) 
substitute “CMA”. 
128. —(1) Section 234H (power of FCA to make request to Office of Fair Trading)( a) is 
amended as follows. 
(2)  In subsection (1), for “Office of Fair Trading (“th e OFT”)” substitute “Competition and 
Markets Authority (“the CMA”)”. 
(3)  After subsection (1) insert— 
“(1A) In a case where the feature or each of the fe atures concerned is— 
(a) any conduct (whether or not in the market conce rned) of one or more than one 
person who supplies or acquires goods or services i n the market concerned, or 
(b) any conduct relating to the market concerned of  customers of any person who 
supplies or acquires goods or services, 
a request under subsection (1) may be made in relat ion to more than one market in the 
United Kingdom for financial services.” 
(4)  In subsections (2) and (3), for “OFT” (in each plac e where it occurs) substitute “CMA”. 
(5)  In the heading, for “Office of Fair Trading” substi tute “Competition and Markets Authority”. 
129.  In section 313 (interpretation of Part 18)( b), omit the definition of “OFT”. 
130.  In section 399 (misleading the OFT)( c)— 
(a)  for “the Office of Fair Trading” substitute “the Co mpetition and Markets Authority”, and 
(b)  in the heading, for “the OFT” substitute “the CMA”.  
131.  In section 417 (definitions)( d), in the definition of “the Commission” omit “(exc ept in 
provisions relating to the Competition Commission)” . 
132.  In section 427 (transitional provisions)( e), in subsection (3)(a), for “, the Competition 
Commission or the Office of Fair Trading” substitut e “or the Competition and Markets 
Authority”. 
Regulation of Investigatory Powers Act 2000 
133.  The Regulation of Investigatory Powers Act 2000( f) is amended as follows. 
134.  In section 32 (authorisation of intrusive surveill ance), in subsections (3A) and (6)(n), for 
“chairman of the OFT” (in each place where it occur s) substitute “chair of the CMA”. 
135. —(1) Section 33 (rules for grant of authorisations)  is amended as follows. 
(2)  In subsection (4A)— 
(a)  for “chairman of the OFT” substitute “chair of the CMA”, and 
(b)  for “OFT” (where it occurs at the end of the subsec tion) substitute “CMA”. 
                                                                                                                                            
(a) Inserted by section 43 of the Financial Services Act 2012. 
(b) Amended by Schedule 25 to the Enterprise Act 2002 . There are other amendments to section 313 but non e is relevant to this 
Order. 
(c) Amended by Schedule 25 to the Enterprise Act 2002 . 
(d) Section 417 has been amended but none of the amen dments is relevant to this Order. 
(e) Amended by Schedule 25 to the Enterprise Act 2002 . 
(f) 2000 c. 23. Sections 32 to 37, 40, 46 and 48 of t he Regulation of Investigatory Powers Act 2000 were  amended by s. 199 of 
the Enterprise Act 2002. There are other amendments  to those sections but none is relevant to this Ord er.  33  (3)  In subsection (5)(a), for “or the chairman or an of ficer of the OFT” substitute “or the chair or 
an officer of the CMA”. 
136. —(1) Section 34 (grant of authorisations in the sen ior officer’s absence) is amended as 
follows. 
(2)  In subsection (1)(a), for “an officer of the OFT” s ubstitute “an officer of the CMA”. 
(3)  In subsection (2)(a), for “as the chairman of the O FT or”, substitute “as the chair of the 
CMA or”. 
(4)  In subsection (4)(m), for “chairman of the OFT if h e is an officer of the OFT” substitute 
“chair of the CMA if he is an officer of the CMA”. 
137. —(1) Section 35 (notification of authorisations for  intrusive surveillance) is amended as 
follows. 
(2)  In subsection (1), for “or OFT” substitute “or CMA” . 
(3)  In subsection (10)— 
(a)  in the words before paragraph (a), for “or OFT” sub stitute “or CMA”, and 
(b)  for paragraph (ba), substitute— 
“(ba) the chair of the CMA; or”. 
138. —(1) Section 36 (approval required for authorisatio ns to take effect) is amended as follows. 
(2)  In subsection (1)(e), for “an officer of the OFT” s ubstitute “an officer of the CMA”. 
(3)  In subsection (6)(h)— 
(a)  for “chairman of the OFT” substitute “chair of the CMA”, 
(b)  for “him” substitute “the chair of the CMA”, and 
(c)  for “that chairman” substitute “that chair”. 
139.  In section 37 (quashing of police and Revenue and Customs authorisations etc), in 
subsection (1), for paragraph (e) substitute— 
“(e) an officer of the CMA.” 
140.  In section 40 (information to be provided to Surve illance Commissioners), for paragraph 
(e) substitute— 
“(e) every officer of the CMA,”. 
141.  In section 46 (restrictions on authorisations exte nding to Scotland), in subsection (3), for 
paragraph (da) substitute— 
“(da) the CMA;”. 
142.  In section 48 (interpretation of Part 2)— 
(a)  omit the definition of “OFT”, and 
(b)  in the appropriate place insert— 
““CMA” means the Competition and Markets Authority; ”. 
143.  In Part 1 of Schedule 1 (relevant authorities for the purposes of sections 28 and 29)( a), for 
paragraph 20B substitute— 
“20B.  The Competition and Markets Authority.” 
                                                                                                                                            
(a) Amended by S.I. 2003/3171. There are other amendm ents to Schedule 1 but none is relevant to this Ord er.  34  Utilities Act 2000 
144.  The Utilities Act 2000( a) is amended as follows. 
145.  In section 8 (payments by licence holders relating  to new arrangements)( b), in subsection 
(3C), for “Office of Fair Trading” substitute “Comp etition and Markets Authority”. 
146. —(1) Section 105 (general restrictions on disclosur e of information)( c) is amended as 
follows. 
(2)  In subsection (3)(a), for “Competition Commission” substitute “Competition and Markets 
Authority”. 
(3)  In subsection (5)— 
(a)  in paragraph (b), for “Competition Commission” subs titute “Competition and Markets 
Authority”, and 
(b)  omit paragraph (c). 
(4)  In subsection (6), at the end, insert— 
“(y) Parts 3 and 4 of the Enterprise and Regulatory  Reform Act 2013;”, 
(5)  In subsection (8)(c), for “Competition Commission” substitute “Competition and Markets 
Authority”. 
(6)  In subsection (11), for “the Office of Fair Trading ” substitute “the Competition and Markets 
Authority”. 
Freedom of Information Act 2000 
147.  In Part 6 of Schedule 1 to the Freedom of Informat ion Act 2000 (definition of other public 
bodies and offices)( d), omit the entry “The Competition Commission, in r elation to information 
held by it otherwise than as a tribunal.”( e). 
Terrorism Act 2000 
148.  In Part 2 of Schedule 3A to the Terrorism Act 2000  (supervisory authorities)( f), in 
paragraph 4(1), omit sub-paragraph (e). 
Transport Act 2000 
149.  The Transport Act 2000( g) is amended as follows. 
150. —(1) Section 12B (references under section 12: appl ication of Enterprise Act 2002)( h) is 
amended as follows. 
(2)  In subsection (1), after “subsections” insert “(1A) ,”. 
(3)  After subsection (1), insert— 
“(1A) Section 109 shall, in its application by virt ue of subsection (1) above, have effect as 
if— 
                                                                                                                                            
(a) 2000 c. 27. 
(b) Amended by Schedule 1 to the Consumers, Estate Ag ents and Redress Act 2007 (c. 17) and S.I. 2013/783 . 
(c) Amended by Schedule 25 to the Enterprise Act 2002 . There are other amendments to section 105 but non e is relevant to this 
Order. 
(d) 2000 c. 36. Schedule 1 has been amended but none of the amendments is relevant to this Order. 
(e) An entry for the Competition and Markets Authorit y was inserted into Schedule 1 of the 2000 Act by S chedule 4 to the 
Enterprise and Regulatory Reform Act 2013. 
(f) 2000 c. 11. Substituted by S.I. 2007/3288 and ame nded by Schedule 18 to the Financial Services Act 2 012 (c. 21). 
(g) 2000 c. 38. 
(h) Inserted by Schedule 25 to the Enterprise Act 200 2 and amended by Schedule 6 to the Enterprise and R egulatory Reform 
Act 2013.  35  (a) for subsection (A1), there were substituted— 
“(A1) For the purposes of this section, a permitted  purpose is assisting the CMA in 
carrying out any functions exercisable by it in con nection with a reference under 
section 12 of the Transport Act 2000.”, and 
(b) subsection (8A) were omitted.” 
(4)  In subsection (2)— 
(a)  at the end of paragraph (a), omit “and”, 
(b)  after that paragraph, insert— 
“(aa) after subsection (3), there were inserted— 
“(3A) No penalty shall be imposed by virtue of subs ection (1) or (3) if more than 4 
weeks have passed since the publication of the repo rt of the CMA on the reference 
concerned; but this subsection shall not apply in r elation to any variation or 
substitution of the penalty which is permitted by v irtue of this Part.”; and”. 
(5)  For subsection (3) substitute— 
“(3) Section 111(5)(b) shall, in its application by  virtue of subsection (1), have effect as if 
for sub-paragraph (ii) there were substituted— 
 “(ii) if earlier, the day on which the report of t he CMA on the reference 
concerned is made or, if no such report is made wit hin the period 
permitted for that purpose, the latest day on which  the report may be 
made within the permitted period.”.” 
151. —(1) Section 18 (sections 15 and 16: general)( a) is amended as follows. 
(2)  In subsection (6), after “subsections” insert “(6A) ,”. 
(3)  After subsection (6), insert— 
“(6A) Section 109 shall, in its application by virt ue of subsection (6), have effect as if— 
(a) for subsection (A1), there were substituted— 
“(A1) For the purposes of this section, a permitted  purpose is assisting the CMA in 
carrying out any functions exercisable by it in con nection with an investigation for 
the purposes of the exercise of its functions under  section 15 or 16 of the Transport 
Act 2000.”, and 
(b) subsection (8A) were omitted.” 
(4)  In subsection (7)— 
(a)  at the end of paragraph (a), omit “and”, 
(b)  for paragraph (b), substitute— 
“(b) after subsection (3), there were inserted— 
“(3A) No penalty shall be imposed by virtue of subs ection (1) or (3) if more than 4 
weeks have passed since the publication by the CMA of a notice under section 16(6) 
of the Transport Act 2000 in connection with the re ference concerned or, if no 
direction has been given by the CMA under section 1 5(2) of that Act in connection 
with the reference concerned and within the period permitted for that purpose, the 
latest day on which it was possible to give such a direction within the permitted 
period; but this subsection shall not apply in rela tion to any variation or substitution 
of the penalty which is permitted by virtue of this  Part.”; and”. 
152.  In section 19 (modification by order under other e nactments)( b), in subsection (2)(b), after 
“the market” insert “or markets”. 
                                                                                                                                            
(a) Substituted by Schedule 25 to the Enterprise Act 2002 and amended by Schedule 6 to the Enterprise an d Regulatory Reform 
Act 2013. There are other amendments but none is re levant to this Order. 
(b) Amended by Schedule 9 to the Enterprise Act 2002 and Schedule 6 to the Enterprise and Regulatory Ref orm Act 2013.  36  153.  In section 85(1) (interpretation of Chapter 5)( a), for paragraph (c) substitute— 
“(c) the CMA is the Competition and Markets Authori ty.” 
154. —(1) Section 86 (concurrent competition functions)( b) is amended as follows. 
(2)  In subsection (1), for “the OFT” substitute “the CM A”. 
(3)  In subsection (2)— 
(a)  for “OFT’s” substitute “CMA’s”, 
(b)  for “and 171” substitute “, 171 and 174E”, and 
(c)  for “they” substitute— 
“those functions— 
(a) are exercisable by the CMA Board (within the me aning of Schedule 4 to the 
Enterprise and Regulatory Reform Act 2013), and 
(b) ”. 
(4)  In subsection (3), for “OFT’s” substitute “CMA’s”. 
(5)  In subsection (4)— 
(a)  for “the OFT” substitute “the CMA”, and 
(b)  for “and 171” substitute “, 171 and 174E”. 
(6)  After subsection (4) insert— 
“(4A) References to section 5 of the 2002 Act in Pa rt 4 of that Act must be read as 
including a reference to section 91(1) of this Act. ” 
(7)  In subsection (5)— 
(a)  omit “subsection (4) applies”, 
(b)  in paragraph (a), for “only so far as it is” substi tute “subsections (4) and (4A) apply only 
so far as they are”, and 
(c)  in paragraph (b), at the beginning, insert “subsect ion (4) applies”. 
(8)  After subsection (5) insert— 
“(5A) Section 130A of the 2002 Act is to have effec t in its application in relation to the 
CAA by virtue of subsections (1) and (2)— 
(a) as if for subsection (1) of that section there were substituted— 
“(1) Where the Civil Aviation Authority— 
(a) is proposing to carry out its functions under s ection 91(1) of the Transport 
Act 2000 in relation to a matter for the purposes m entioned in subsection 
(2), and 
(b) considers that the matter is one in respect of which it would be appropriate 
for the Authority to exercise its powers under sect ion 174 (investigation) in 
connection with deciding whether to make a referenc e under section 131, 
the Authority must publish a notice under this sect ion (referred to in this Part as a 
“market study notice”).”, and 
(b) as if in subsection (2)(a) of that section, for  “the acquisition or supply of goods or 
services of one or more than one description in the  United Kingdom” there were 
substituted “the supply of air traffic services (wi thin the meaning given by section 
98 of the Transport Act 2000)”.” 
(9)  In subsection (7), for “the OFT” substitute “the CM A”. 
(10)  In the heading, for “OFT” substitute “CMA”. 
                                                                                                                                            
(a) Amended by Schedules 9 and 25 to the Enterprise A ct 2002. 
(b) Amended by Schedules 9 and 25 to the Enterprise A ct 2002, by S.I. 2004/1261, S.I. 2012/1809 and by S chedules 15 to the 
Enterprise and Regulatory Reform Act 2013.  37  155. —(1) Section 89 (carrying out functions)( a) is amended as follows. 
(2)  In subsections (1) to (3), for “the OFT” (in each p lace where it occurs) substitute “the 
CMA”. 
(3)  In subsection (4)— 
(a)  for “reference to the Competition Commission” subst itute “market investigation reference 
(under section 131 of the 2002 Act)”, 
(b)  for “Commission in its” substitute “CMA group (cons tituted under Schedule 4 to the 
Enterprise and Regulatory Reform Act 2013) which is  to conduct the”, and 
(c)  in paragraphs (a) and (c) for “Commission” (in each  place where it occurs) substitute 
“CMA group”. 
(4)  In subsection (5) for “Commission” substitute “CMA group”. 
156.  In section 90 (publication of information and advi ce)(b), in subsection (6), for “Office of 
Fair Trading” substitute “Competition and Markets A uthority”. 
157.  In section 91 (review and information)( c), in subsections (3) and (4), for “the Office of F air 
Trading” (in each place where it occurs) substitute  “the Competition and Markets Authority”. 
158.  In Schedule 9 (air traffic: information)( d)— 
(a)  in paragraph 3(1)(a), for “Competition Commission” substitute “Competition and 
Markets Authority”, 
(b)  in paragraph 3(2)— 
(i)  omit paragraph (b), and 
(ii)  in paragraph (c), for “Competition Commission” subs titute “Competition and 
Markets Authority”, 
(c)  in paragraph 3(3), after paragraph (rf), insert— 
“(rg) Parts 3 and 4 of the Enterprise and Regulator y Reform Act 2013;”, 
(d)  in paragraph 5(1)(a), for “Competition Commission” substitute “Competition and 
Markets Authority”, and 
(e)  in paragraph 5(3), for “the Office of Fair Trading”  substitute “the Competition and 
Markets Authority”. 
Proceeds of Crime Act 2002 
159.  In Part 2 of Schedule 9 to the Proceeds of Crime A ct 2002 (supervisory authorities)( e), in 
paragraph 4(1), omit sub-paragraph (e). 
Communications Act 2003 
160.  The Communications Act 2003( f) is amended as follows. 
161. —(1) Section 370 (OFCOM’s functions under Part 4 of  the Enterprise Act 2002)( g) is 
amended as follows. 
(2)  In subsection (1), for “Office of Fair Trading” sub stitute “Competition and Markets 
Authority (referred to in this Part as “the CMA”)”.  
                                                                                                                                            
(a) Amended by Schedules 9 and 25 to the Enterprise A ct 2002. 
(b) Amended by Schedule 25 to the Enterprise Act 2002 . 
(c) Amended by Schedule 25 to the Enterprise Act 2002 . 
(d) Amended by Schedule 25 to the Enterprise Act 2002  and S.I. 2003/1400. There are other amendments to Schedule 9 but 
none is relevant to this Order. 
(e) 2000 c. 29. Substituted by S.I. 2007/3287 and ame nded by Schedule 18 to the Financial Services Act 2 012. 
(f) 2003 c. 21. 
(g) Amended by Schedule 12 to the Postal Services Act  2011 (c. 5).  38  (3)  In subsection (2)— 
(a)  for “and 171” substitute “, 171 and 174E”, 
(b)  for “Office of Fair Trading” substitute “CMA”, and 
(c)  for “relating to” substitute— 
“those functions— 
(a) are exercisable by the CMA Board (within the me aning of Schedule 4 to the 
Enterprise and Regulatory Reform Act 2013), and 
(b) relate to”. 
(4)  In subsection (3)— 
(a)  for “(1) and (2), references” substitute— 
“(1) and (2)— 
(a) references”, 
(b)  for “Office of Fair Trading” substitute “CMA”, and 
(c)  for the words from “except” to “requires.” substitu te— 
“(except in sections 166, 171 and 174E and where th e context otherwise requires); 
(b) references in that Part to the CMA carrying out  functions under section 5 of the 
Enterprise Act 2002 are to be construed as includin g references to OFCOM 
exercising powers under section 1(3) of this Act to  obtain, compile and keep under 
review information about matters relating to the ca rrying out of its functions.” 
(5)  After subsection (3) insert— 
“(3A) Section 130A of the Enterprise Act 2002 is to  have effect in its application in 
relation to OFCOM by virtue of subsections (1) and (2)— 
(a) as if for subsection (1) of that section there were substituted— 
“(1) Where the Office of Communications— 
(a) is proposing to fulfil its duties under section  3(1) of the Communications 
Act 2003 by obtaining, compiling and keeping under review information in 
relation to a matter for the purposes mentioned in subsection (2), and 
(b) considers that the matter is one in respect of which it would be appropriate 
for it to exercise its powers under section 174 (in vestigation) in connection 
with deciding whether to make a reference under sec tion 131, 
the Office of Communications must publish a notice under this section (referred to in 
this Part as a “market study notice”).”, and 
(b) as if in subsection (2)(a) of that section, for  “the acquisition or supply of goods or 
services of one or more than one description in the  United Kingdom” there were 
substituted “commercial activities connected with c ommunications matters (within 
the meaning given by section 369(1) of the Communic ations Act 2003)”.” 
(6)  In subsection (4), in the wording before paragraph (a)— 
(a)  for “subsection (2) the reference” substitute “subs ections (2) and (3A) the references”, 
(b)  for “it is a reference” substitute “they are refere nces”, and 
(c)  for “includes” substitute “include”. 
(7)  In subsections (5) and (6), for “Office of Fair Tra ding” (in each place where it occurs) 
substitute “CMA”. 
(8)  In subsection (7)— 
(a)  in the words before paragraph (a), for “the Competi tion Commission” substitute “a CMA 
group”,  39  (b)  also in those words, for “reference made to them by  OFCOM” substitute “market 
investigation reference made by OFCOM (under sectio n 131 of the Enterprise Act 
2002)”, and 
(c)  for “Commission” (in each place where it occurs) su bstitute “group”. 
(9)  After subsection (7) insert— 
“(7A) In subsection (7) “CMA group” has the same me aning as in Schedule 4 to the 
Enterprise and Regulatory Reform Act 2013.” 
(10)  In subsections (9), (10) and (12), for “Office of F air Trading” (in each place where it 
occurs) substitute “CMA”. 
162. —(1) In section 371 (OFCOM’s functions under the Co mpetition Act 1998)( a), for “Office 
of Fair Trading” (in each place where it occurs) su bstitute “CMA”. 
163.  Omit section 388 (alterations concerning newspaper  panel of Competition Commission). 
164. —(1) In section 393 (general restrictions on disclo sure of information)( b)— 
(a)  in subsection (3)— 
(i)  in paragraph (d), for “Office of Fair Trading” subs titute “Competition and Markets 
Authority”, and 
(ii)  omit paragraph (e), 
(b)  in subsection (5), at the end, insert— 
“(r) Parts 3 and 4 of the Enterprise and Regulatory  Reform Act 2013.”, and 
(c)  in subsection (8), for “Office of Fair Trading” sub stitute “Competition and Markets 
Authority”. 
165.  In Schedule 11 (approval, imposition and modificat ion of networking arrangements)( c), for 
“Office of Fair Trading” (in each place where it oc curs) substitute “Competition and Markets 
Authority”. 
Gambling Act 2005 
166.  In Part 2 of Schedule 6 to the Gambling Act 2005 ( exchange of information: enforcement 
and regulatory bodies)( d), for “The Office of Fair Trading” substitute “the  Competition and 
Markets Authority”. 
Companies Act 2006 
167.  The Companies Act 2006( e) is amended as follows. 
168.  In Part 2 of Schedule 2 (specified descriptions of  disclosures), in section (A) (United 
Kingdom)( f)— 
(a)  in paragraph 25— 
(i)  for “Office of Fair Trading” substitute “Competitio n and Markets Authority”, and 
(ii)  after sub-paragraph (j), insert— 
“(k) Parts 3 and 4 of the Enterprise and Regulatory  Reform Act 2013.”, and 
(b)  omit paragraph 26. 
                                                                                                                                            
(a) Amended by S.I. 2004/1261, Schedule 12 to the Pos tal Services Act 20911, S.I. 2012/1809 and Schedule  15 to the 
Enterprise and Regulatory Reform Act 2013. 
(b) Section 393 has been amended but none of the amen dments is relevant to this Order. 
(c) Schedule 11 has been amended but the amendment is  not relevant to this Order. 
(d) 2005 c. 19. There are amendments to Schedule 6 bu t none is relevant to this Order. 
(e) 2006 c. 46. 
(f) Substituted by S.I. 2009/1208 and subsequently am ended by S.I. 2013/1881. There are other amendments  to Part 2 of 
Schedule 2 but none is relevant to this Order.  40  169.  In Part 2 of Schedule 11A (specified descriptions of disclosures)( a)— 
(a)  in paragraph 39— 
(i)  for “Office of Fair Trading” substitute “Competitio n and Markets Authority”, and 
(ii)  after sub-paragraph (i), insert— 
“(j) Parts 3 and 4 of the Enterprise and Regulatory  Reform Act 2013.”, and 
(b)  omit paragraph 40. 
Compensation Act 2006 
170.  In section 15 of the Compensation Act 2006 (provis ion of regulated claims management 
services: orders and regulations)( b), in subsection (3)(a)(i), for “Office of Fair Tra ding” substitute 
“Competition and Markets Authority”. 
Wireless Telegraphy Act 2006 
171. —(1) Section 111 of the Wireless Telegraphy Act 200 6 (disclosure of information: general 
restrictions)( c) is amended as follows. 
(2)  In subsection (4)— 
(i)  in paragraph (d), for “Office of Fair Trading” subs titute “Competition and Markets 
Authority”, and 
(ii)  omit paragraph (e). 
(3)  In subsection (6), at the end, insert— 
“(p) Parts 3 and 4 of the Enterprise and Regulatory  Reform Act 2013.” 
Consumers, Estate Agents and Redress Act 2007 
172.  The Consumers, Estate Agents and Redress Act 2007( d) is amended as follows. 
173.  In section 24 (provision of information to the Cou ncil)( e), in subsection (3)(a), for “Office 
of Fair Trading” substitute “Competition and Market s Authority”. 
174.  In section 27 (provision of information by the Cou ncil), in subsection (3)(a), for “Office of 
Fair Trading” substitute “Competition and Markets A uthority”. 
Legal Services Act 2007 
175.  The Legal Services Act 2007( f) is amended as follows. 
176. —(1) Section 57 (reports by competition authority)( g) is amended as follows. 
(2)  In subsection (5)— 
(a)  after “to (5)” insert “and (6A)”, and 
(b)  at the end, insert “and references in section 174 o f the Enterprise Act 2002 to a “permitted 
purpose” are to be construed accordingly”. 
(3)  After subsection (5) insert— 
                                                                                                                                            
(a) Inserted by S.I. 2007/3494 and subsequently amend ed by S.I. 2013/1881. There are other amendments to  Part 2 of Schedule 
11A but none is relevant to this Order. 
(b) 2006 c. 29. Section 15 has been amended but the a mendment is not relevant to this Order. 
(c) 2006 c. 36. Section 111(6) has been amended but n one of the amendments is relevant to this Order. 
(d) 2007 c. 17. 
(e) Section 24 has been amended but none of the amend ments is relevant to this Order. 
(f) 2007 c. 29. 
(g) Amended by Schedule 6 to the Enterprise and Regul atory Reform Act 2013.  41  “(5A) Where the CMA exercises any of its powers und er section 174 of the Enterprise 
Act 2002 for the purpose referred to in subsection (5), “the relevant day” for the purposes 
of section 174B of the Enterprise Act 2002 is the d ay on which the CMA publishes its 
report.” 
177.  In section 60(9) (duties of the competition author ity)(a)— 
(a)  in the wording before paragraph (a), for “109 to 11 5” substitute “109 to 110A and 111 to 
115”, and 
(b)  for paragraphs (a) and (b) substitute— 
“(a) references in section 109 of that Act (attenda nce of witnesses and production of 
documents etc) to a permitted purpose were referenc es to the purpose of assisting 
the CMA in carrying out any of its functions in con nection with an investigation 
under this section, and 
(b) the relevant day in any case for the purposes o f section 110A of that Act 
(restriction on powers to impose penalties under se ction 110) were the day on 
which the CMA makes a report under subsection (2) o r a statement under 
subsection (3) in connection with that case.” 
Regulatory Enforcement and Sanctions Act 2008 
178.  The Regulatory Enforcement and Sanctions Act 2008( b) is amended as follows. 
179.  In section 12 (relationship with other regulators) ( c), in subsection (2)(e), for “Office of Fair 
Trading” substitute “Competition and Markets Author ity”. 
180.  In section 73 (functions to which section 72 appli es)( d), in subsection (2)— 
(a)  in paragraph (b), for “Office of Fair Trading” subs titute “Competition and Markets 
Authority”, and 
(b)  at the end of the words after paragraph (e), insert  “or any function exercisable by a CMA 
group (within the meaning of Schedule 4 to the Ente rprise and Regulatory Reform Act 
2013) or a member of the CMA panel (within the mean ing of that Schedule)”. 
181.  In Schedule 5 (designated regulators)( e), in the list of regulators— 
(a)  for the entry “Competition Commission” substitute “ Competition and Markets 
Authority”, and 
(b)  omit the entry “Office of Fair Trading”. 
Equality Act 2010 
182.  In Part 1 of Schedule 19 to the Equality Act 2010 (public authorities: general)( f), under the 
heading “Industry, business, finance etc”, omit “Th e Competition Commission”. 
Public Bodies Act 2011 
183.  In Schedule 2 to the Public Bodies Act 2011 (power  to merge: bodies and offices)( g), omit 
the entry for Group 5, including the associated ref erences to the Competition Commission and the 
Office of Fair Trading (“OFT”). 
                                                                                                                                            
(a) Amended by Schedule 6 to the Enterprise and Regul atory Reform Act 2013. 
(b) 2008 c. 13. 
(c) Section 12 has been amended but none of the amend ments is relevant to this Order. 
(d) Section 72 has been amended but none of the amend ments is relevant to this Order. 
(e) Schedule 5 has been amended but none of the amend ments is relevant to this Order. 
(f) 2010 c. 15. Schedule 19 was amended by Schedule 4  to the Enterprise and Regulatory Reform Act 2013. There are other 
amendments to Schedule 19 but none is relevant to t his Order. 
(g) 2011 c. 24. There are amendments to Schedule 2 bu t none is relevant to this Order.  42  Postal Services Act 2011 
184.  The Postal Services Act 2011( a) is amended as follows. 
185.  In section 51 (consumer protection conditions)( b), in subsection (4A), for “Office of Fair 
Trading” substitute “Competition and Markets Author ity”. 
186.  In section 56 (general restriction on disclosure o f information), in subsection (2)(c), for 
“Competition Commission” substitute “Competition an d Markets Authority”. 
Health and Social Care Act 2012 
187.  The Health and Social Care Act 2012( c) is amended as follows. 
188. —(1) In section 72 (functions under the Competition  Act 1998)( d), for “Office of Fair 
Trading” (in each place where it occurs) substitute  “CMA”. 
189. —(1) Section 73 (functions under Part 4 of the Ente rprise Act 2002) is amended as follows. 
(2)  In subsection (1), for “Office of Fair Trading” sub stitute “CMA”. 
(3)  In subsection (2)— 
(a)  for “and 171” substitute “, 171 and 174E”, 
(b)  for “Office of Fair Trading” substitute “CMA”, and 
(c)  for “relating to” substitute— 
“those functions— 
(a) are exercisable by the CMA Board (within the me aning of Schedule 4 to the 
Enterprise and Regulatory Reform Act 2013), and 
(b) relate to”. 
(4)  In subsection (3)— 
(a)  for “(1) and (2), references” substitute— 
“(1) and (2)— 
(a) references”, 
(b)  for “Office of Fair Trading” substitute “CMA”, and 
(c)  for “166 and 171.” substitute— 
“166, 171 and 174E; 
(b) references in that Part to section 5 of the Ent erprise Act 2002 are to be construed 
as including references to paragraph 14 of Schedule  8 to this Act.” 
(5)  After subsection (3) insert— 
“(3A) Section 130A of the Enterprise Act 2002 is to  have effect in its application in 
relation to Monitor by virtue of subsections (1) an d (2)— 
(a) as if for subsection (1) of that section there were substituted— 
“(1) Where Monitor— 
(a) is proposing to carry out its functions under p aragraph 14 of Schedule 8 to 
the Health and Social Care Act 2012 in relation to a matter for the purposes 
mentioned in subsection (2), and 
                                                                                                                                            
(a) 2011 c. 5. 
(b) Amended by S.I. 2013/783. 
(c) 2012 c. 7. 
(d) Amended by Schedule 15 to the Enterprise and Regu latory Reform Act 2013.  43  (b) considers that the matter is one in respect of which it would be appropriate 
for it to exercise its powers under section 174 (in vestigation) in connection 
with deciding whether to make a reference under sec tion 131, 
Monitor must publish a notice under this section (r eferred to in this Part as a “market 
study notice”).”, and 
(b) as if in subsection (2)(a) of that section, for  “the acquisition or supply of goods or 
services of one or more than one description in the  United Kingdom has or may 
have effects adverse to consumers” there were subst ituted “activities which 
concern the provision of health care services in En gland (within the meaning given 
by section 64 of the Health and Social Care Act 201 2) has or may have effects 
adverse to the interests of people who use those se rvices”.” 
(6)  In subsections (4) to (6), for “Office of Fair Trad ing” (in each place where it occurs) 
substitute “CMA”. 
190.  In section 74 (competition functions: supplementar y), in subsections (1) and (3), for 
“Office of Fair Trading” (in each place where it oc curs) substitute “CMA”. 
191.  In section 79 (mergers involving NHS foundation tr usts), for “Office of Fair Trading” (in 
each place where it occurs) substitute “CMA”. 
192. —(1) Section 80 (co-operation) is amended as follow s. 
(2)  In subsection (1), for “Office of Fair Trading” sub stitute “CMA”. 
(3)  After subsection (2), insert— 
“(3) The reference in subsection (1) to the functio ns of the CMA is a reference to those 
functions which are exercisable by the CMA Board (w ithin the meaning of Schedule 4 to 
the Enterprise and Regulatory Reform Act 2013).”, 
(4)  In the heading, for “Office of Fair Trading” substi tute “CMA”. 
193.  In section 97 (conditions: supplementary), in subs ection (1)(d), for “Office of Fair Trading” 
substitute “CMA”. 
194.  In section 102 (modification by order under other enactments)( a), in subsection (4)(c), after 
“the market” insert “or markets”. 
195. —(1) Paragraph 10 of Schedule 10 (references by Mon itor to the CMA: powers of 
investigation) is amended as follows. 
(2)  In sub-paragraph (1), in the wording before paragra ph (a), after “sub-paragraphs” insert 
“(2A),”. 
(3)  In sub-paragraph (2), after “sub-paragraphs” insert  “(2A),”. 
(4)  After sub-paragraph (2), insert— 
“(2A) Section 109, in its application by virtue of sub-paragraph (1) or (2), has effect as 
if— 
(a) for subsection (A1), there were substituted— 
“(A1) For the purposes of this section, the permitt ed purposes are the following— 
(a) assisting the CMA in carrying out any functions  exercisable by it in 
connection with a reference under Schedule 10 to th e Health and Social 
Care Act 2012; 
(b) assisting the CMA in carrying out any functions  exercisable by it under 
paragraph 8 of that Schedule.”, and 
(b) subsection (8A) were omitted.” 
(5)  In sub-paragraph (3), after paragraph (a), insert— 
                                                                                                                                            
(a) Amended by Schedule 6 to the Enterprise and Regul atory Reform Act 2012.  44  “(aa) after subsection (3), there were inserted— 
“(3A) No penalty shall be imposed by virtue of subs ection (1), (3) or (5) if more 
than 4 weeks have passed since the publication of t he report of the CMA on the 
reference concerned; but this subsection shall not apply in relation to any variation or 
substitution of the penalty which is permitted by v irtue of this Part.”,”. 
(6)  In sub-paragraph (4)— 
(a)  at the end of paragraph (a) insert “and”, and 
(b)  for paragraphs (b) and (c), substitute— 
“(b) after subsection (3), there were inserted— 
“(3A) No penalty shall be imposed by virtue of subs ection (1), (3) or (5) if more 
than 4 weeks have passed since the relevant day; bu t this subsection shall not apply 
in relation to any variation or substitution of the  penalty which is permitted by virtue 
of this Part. 
(3AB) The relevant day for the purposes of subsecti on (3A) is— 
(a) the day on which the CMA published a notice und er paragraph 8(12) of 
Schedule 10 to the Health and Social Care Act 2012 in connection with the 
reference concerned, or 
(b) if it has not given a direction under paragraph  8(1) of that Schedule in 
connection with the reference and within the permit ted period, the latest day 
on which it was possible to give such a notice with in that period.”.” 
(7)  For sub-paragraph (6) substitute— 
“(6) Section 111(5)(b), in its application by virtu e of sub-paragraph (1), has effect as if 
for sub-paragraph (ii) there were substituted— 
 “(ii) if earlier, the day on which the report of t he CMA on the reference 
concerned is made or, if no such report is made wit hin the period 
permitted for that purpose, the latest day on which  it was possible to 
make the report within the permitted period.”.” 
(8)  In sub-paragraph (7), for “110(4A)” substitute “110 (3AB)”. 
Civil Aviation Act 2012 
196.  The Civil Aviation Act 2012( a) is amended as follows. 
197. —(1) Section 60 (functions under Part 4 of the Ente rprise Act 2002) is amended as follows. 
(2)  In subsection (1)— 
(a)  for “Office of Fair Trading (“the OFT”)” substitute  “Competition and Markets Authority 
(“the CMA”)”, and 
(b)  for “OFT” substitute “CMA”. 
(3)  In subsection (2)— 
(a)  for “OFT’s” substitute “CMA’s”, 
(b)  after “investigations)” insert “, other than functi ons under sections 166, 171 and 174E,”, 
(c)  for “they” substitute— 
“those functions— 
(a) are exercisable by the CMA Board (within the me aning of Schedule 4 to the 
Enterprise and Regulatory Reform Act 2013), and 
(b) ”, and 
(d)  omit “, other than functions under sections 166 and  171”. 
                                                                                                                                            
(a) 2012 c. 19.  45  (4)  In subsection (3)— 
(a)  for “OFT” substitute “CMA”, and 
(b)  for “and 171” substitute “, 171 and 174E”. 
(5)  After subsection (3) insert— 
“(3A) References to section 5 of the Enterprise 200 2 in Part 4 of that Act must be read as 
including a reference to section 64(1) of this Act. ” 
(6)  In subsection (4)— 
(a)  omit “subsection (3) applies”, 
(b)  in paragraph (a), for “only so far as it is” substi tute “subsections (3) and (3A) apply only 
so far as they are”, and 
(c)  in paragraph (b), at the beginning, insert “subsect ion (3) applies”. 
(7)  After subsection (4) insert— 
“(4A) Section 130A of the Enterprise Act 2002 is to  have effect in its application to the 
CAA by virtue of subsections (1) and (2)— 
(a) as if for subsection (1) of that section there were substituted— 
“(1) Where the Civil Aviation Authority— 
(a) is proposing to carry out its functions under s ection 64(1) of the Civil 
Aviation Act 2012 in relation to a matter for the p urposes mentioned in 
subsection (2), and 
(b) considers that the matter is one in respect of which it would be appropriate 
for the Authority to exercise its powers under sect ion 174 (investigation) in 
connection with deciding whether to make a referenc e under section 131, 
the Authority must publish a notice under this sect ion (referred to in this Part as a 
“market study notice”).”, and 
(b) as if in subsection (2)(a) of that section, for  “the acquisition or supply of goods or 
services of one or more than one description in the  United Kingdom” there were 
substituted “the provision of airport operation ser vices (within the meaning given 
by section 68 of the Civil Aviation Act 2012)”.” 
198. —(1) Section 61 (Enterprise Act 2002: supplementary ) is amended as follows. 
(2)  In subsection (1), for “Office of Fair Trading (“th e OFT”)” substitute “Competition and 
Markets Authority (“the CMA”)”. 
(3)  In subsection (2), for “OFT” substitute “CMA”. 
(4)  In subsection (3) for “reference to the Competition  Commission” substitute “market 
investigation reference (under section 131 of the 2 002 Act)”. 
(5)  In subsection (4)— 
(a)  for “the Competition Commission” substitute “to the  CMA group (constituted under 
Schedule 4 to the Enterprise and Regulatory Reform Act 2013) which is to conduct the 
investigation on the reference”, and 
(b)  in paragraphs (a) and (b) for “Commission” (in each  place where it occurs) substitute 
“group”. 
(6)  In subsection (5)— 
(a)  for “Competition Commission” substitute “CMA group” , and 
(b)  for “Commission” substitute “group”. 
(7)  In subsection (6), for “Competition Commission” sub stitute “CMA group”. 
(8)  In subsections (8) and (9), for “OFT” (in each plac e where it occurs) substitute “CMA”.  46  199. —(1) Section 62 (functions under Competition Act 19 98)( a) is amended as follows. 
(2)  In subsection (1)— 
(a)  for “Office of Fair Trading (“the OFT”)” substitute  “Competition and Markets Authority 
(“the CMA”)”, and 
(b)  for “OFT” substitute “CMA”. 
(3)  In subsection (2), for “OFT’s” substitute “CMA’s”. 
(4)  In subsection (4), for “OFT” substitute “CMA”. 
200.  In section 63 (Competition Act 1998: supplementary ), for “Office of Fair Trading” (in each 
place where it occurs) substitute “Competition and Markets Authority”. 
201.  In section 64 (review etc of airport operation ser vices), in subsection (2)— 
(a)  in the words before paragraph (a), for “Office of F air Trading (“the OFT”)” substitute 
“Competition and Markets Authority (“the CMA”)”, an d 
(b)  in paragraph (b), for “OFT” substitute “CMA”. 
202.  In section 65 (power to modify CAA’s competition p owers) in subsection (1), in the words 
before paragraph (a), for “Office of Fair Trading” substitute “Competition and Markets 
Authority”. 
203. —(1) Schedule 6 (restrictions on disclosing informa tion) is amended as follows. 
(2)  In paragraph 4(2)— 
(a)  for “Competition Commission” substitute “”Competiti on and Markets Authority”, and 
(b)  omit the entry for the Office of Fair Trading. 
(3)  In paragraph 4(3), after “Postal Services Act 2011; ” insert— 
“Parts 3 and 4 of the Enterprise and Regulatory Ref orm Act 2013;”. 
Groceries Code Adjudicator Act 2013 
204.  The Groceries Code Adjudicator Act 2013( b) is amended as follows. 
205.  In section 13 (recommendations to Office of Fair T rading), at the end and in the heading, 
for “Office of Fair Trading” substitute “Competitio n and Markets Authority”. 
206.  In section 14 (annual report), in subsections (4) and (5)(b), for “Office of Fair Trading” 
substitute “Competition and Markets Authority”. 
207.  In section 15 (review of Adjudicator and guidance from Secretary of State), in subsection 
(8)— 
(a)  in paragraph (b), for “Competition Commission” subs titute “Competition and Markets 
Authority”, and 
(b)  omit paragraph (c). 
208.  In Schedule 1 (the Adjudicator), in paragraph 17 ( assistance from the Office of Fair 
Trading), at the beginning and in the heading, for “Office of Fair Trading” substitute “Competition 
and Markets Authority”. 
                                                                                                                                            
(a) Amended by Schedule 15 to the Enterprise and Regu latory reform Act 2013. 
(b) 2013 c. 19.  47  PART 3 
Amendments to other enactments 
Agricultural Marketing Act (Northern Ireland) 1964 
209.  In section 23 of the Agricultural Marketing Act (N orthern Ireland) 1964 (restrictions on 
disclosing information or returns)( a), in subsection (2), for paragraph (aaa)( b) substitute— 
“(aaa) made to the Competition and Markets Authorit y, if it is made for the purpose of 
enabling the Authority to perform any of its functi ons under the Fair Trading Act 
1973, the Competition Act 1980 or Part 3 of the Ent erprise and Regulatory Reform 
Act 2013;”. 
Agricultural Marketing (Northern Ireland) Order 198 2 
210. —(1) The Agricultural Marketing (Northern Ireland) Order 1982( c) is amended as follows. 
(2)  In Article 23 (action following report by Competiti on Commission)( d)— 
(a)  in paragraph (3), after “147(2)” insert “or 147A(2) ”, and 
(b)  in paragraph (4)(a) and in the heading, for “Compet ition Commission” substitute 
“Competition and Markets Authority”. 
(3)  In Article 29 (restrictions on disclosing certain i nformation obtained under Part II)( e), in 
paragraph (3), for sub-paragraph (c) substitute— 
“(c) made to the Competition and Markets Authority,  if it is made for the purpose of 
enabling the Authority to perform any of its functi ons under the Fair Trading Act 
1973, the Competition Act 1980 or Part 3 of the Ent erprise and Regulatory Reform 
Act 2013;”. 
(4)  In Article 42 (action following report by Monopolie s and Mergers Commission)( f)— 
(a)  in paragraph (1B), after “147(2)” insert “or 147A(2 )”, and 
(b)  in paragraph (1C)(a), for “Competition Commission” substitute “Competition and 
Markets Authority”, and 
(c)  in the heading, for “Monopolies and Mergers Commiss ion” substitute “Competition and 
Markets Authority”. 
Electricity (Northern Ireland) Order 1992 
211.  The Electricity (Northern Ireland) Order 1992( g) is amended as follows. 
212.  In Article 15 (modification references)( h), in paragraph (9A)— 
(a)  for “Commission’s” substitute “CMA’s”, and 
(b)  for “chairman of the Commission” substitute “chair of the CMA”. 
                                                                                                                                            
(a) 1964 c. 13. Whole Act repealed in relation to the  Milk Marketing Board (SR 1989 No. 47) and the Pigs  Marketing Board 
(SR 1984 No. 422) 
(b) Sub-paragraph (aaa) was inserted by Schedule 12 t o the Fair Trading Act 1973 (c. 41) and subsequentl y amended by section 
19(4)(b) of the Competition Act 1980 (c. 21). There  are other amendments to section 23 but none is rel evant to this Order. 
(c) SI 1982/1080 (N.I. 12). 
(d) Substituted by Schedule 25 to the Enterprise Act 2002. 
(e) Amended by the Natural Environment and Rural Comm unities Act 2006 (c. 16). There are other amendment s to article 29 
but none is relevant to this Order. 
(f) Amended by Schedule 25 to the Enterprise Act 2002 . 
(g) S.I. 1992/231 (N.I. 1). 
(h) Amended by Schedule 10 to the Competition Act 199 8, S.I. 1999/506 and Schedule 6 to the Enterprise a nd Regulatory 
Reform Act 2013. There are other amendments to arti cle 15 but none is relevant to this Order.  48  213. —(1) Article 15B (references under Article 15: powe rs of investigation)( a) is amended as 
follows. 
(2)  In paragraph (1), after “paragraphs” insert “(1A),” . 
(3)  After paragraph (1), insert— 
“(1A) Section 109 shall, in its application by virt ue of paragraph (1), have effect as if— 
(a) for subsection (A1), there were substituted— 
“(A1) For the purposes of this section, a permitted  purpose is assisting the CMA in 
carrying out any functions exercisable by it in con nection with a reference under 
Article 15 of the Electricity (Northern Ireland) Or der 1992.”, and 
(b) subsection (8A) were omitted.” 
(4)  In paragraph (2)— 
(a)  at the end of sub-paragraph (a), omit “and”, 
(b)  after sub-paragraph (a), insert— 
“(aa) after subsection (3), there were inserted— 
“(3A) No penalty shall be imposed by virtue of subs ection (1) or (3) if more than 4 
weeks have passed since the publication of the repo rt of the CMA on the reference 
concerned; but this subsection shall not apply in r elation to any variation or 
substitution of the penalty which is permitted by v irtue of this Part.”; and”. 
(5)  For paragraph (3) substitute— 
“(3) Section 111(5)(b) shall, in its application by  virtue of paragraph (1), have effect as if 
for sub-paragraph (ii) there were substituted— 
 “(ii) if earlier, the day on which the report of t he CMA on the reference 
concerned is made or, if no such report is made wit hin the period 
permitted for that purpose, the latest day on which  the report may be 
made within the permitted period.”.” 
214. —(1) Article 17A (competition authority’s power to veto modifications following report)( b) 
is amended as follows. 
(2)  In paragraph (14), after “paragraphs” insert “(14A) ,”. 
(3)  After paragraph (14), insert— 
“(14A) Section 109 shall, in its application by vir tue of paragraph (14), have effect as if— 
(a) for subsection (A1), there were substituted— 
“(A1) For the purposes of this section, a permitted  purpose is assisting the CMA in 
carrying out any functions exercisable by it in con nection with an investigation for 
the purposes of the exercise of its functions under  Article 17A of the Electricity 
(Northern Ireland) Order 1992.”, and 
(b) subsection (8A) were omitted.” 
(4)  In paragraph (15), for sub-paragraph (b), substitut e— 
“(b) after subsection (3), there were inserted— 
“(3A) No penalty shall be imposed by virtue of subs ection (1) or (3) if more than 4 
weeks have passed since the publication by the CMA of a notice under Article 
17A(8) of the Electricity (Northern Ireland) Order 1992 in connection with the 
reference concerned or, if no direction has been gi ven by the CMA under Article 
17A(1) of that Order in connection with the referen ce concerned and within the 
period permitted for that purpose, the latest day o n which it was possible to give such 
a direction within the permitted period; but this s ubsection shall not apply in relation 
                                                                                                                                            
(a) Inserted by Schedule 25 to the Enterprise Act 200 2. 
(b) Inserted by S.I. 2003/419 (N.I. 6) and subsequent ly amended by Schedule 6 to the Enterprise and Regu latory Reform Act 
2013.  49  to any variation or substitution of the penalty whi ch is permitted by virtue of this 
Part.”; and”. 
215.  In Article 18 (modification by order under other s tatutory provisions)( a), in paragraph 
(2)(b), after “the market” insert “or markets”. 
216. —(1) Article 46 (functions with respect to competit ion)( b) is amended as follows. 
(2)  In paragraph (2), for “Office of Fair Trading” subs titute “CMA”. 
(3)  In paragraph (2A)— 
(a)  for “and 171” substitute “, 171 and 174E”, 
(b)  for “Office of Fair Trading” substitute “CMA”, and 
(c)  for “relating to” substitute— 
“those functions— 
(a) are exercisable by the CMA Board (within the me aning of Schedule 4 to the 
Enterprise and Regulatory Reform Act 2013), and 
(b) relate to”. 
(4)  In paragraph (2B)— 
(a)  for “(2) and (2A), references” substitute— 
“(2) and (2A)— 
(a) references”, 
(b)  for “Office of Fair Trading” substitute “CMA”, 
(c)  for “and 171” substitute “, 171 and 174E”, and 
(d)  for “requires).” substitute— 
“requires); 
(b) references in that Part to section 5 of the Act  of 2002 are to be construed as 
including references to Article 50(1) of this Order .” 
(5)  After paragraph (2B) insert— 
“(2C) Section 130A of the Enterprise Act 2002 is to  have effect in its application to the 
Authority by virtue of paragraphs (2) and (2A)— 
(a) as if for subsection (1) of that section there were substituted— 
“(1) Where the Northern Ireland Authority for Utili ty Regulation— 
(a) is proposing to carry out its functions under A rticle 50(1) of the Electricity 
(Northern Ireland) Order 1992 in relation to a matt er for the purposes 
mentioned in subsection (2), and 
(b) considers that the matter is one in respect of which it would be appropriate 
for the Authority to exercise its powers under sect ion 174 (investigation) in 
connection with deciding whether to make a referenc e under section 131, 
the Authority must publish a notice under this sect ion (referred to in this Part as a 
“market study notice”).”, and 
(b) as if in subsection (2)(a) of that section, for  “the acquisition or supply of goods or 
services of one or more than one description in the  United Kingdom” there were 
substituted “commercial activities connected with t he generation, transmission, 
distribution or supply of electricity”.” 
                                                                                                                                            
(a) Substituted by Schedule 9 to the Enterprise Act 2 002 and subsequently amended by SR 2007/321 and Sch edule 6 to the 
Enterprise and Regulatory Reform Act 2013. 
(b) Amended by Schedule 2 to the Deregulation and Con tracting Out Act 1994, Schedule 10 to the Competiti on Act 1998, S.I. 
1999/506, Schedules 9 and 25 to the Enterprise Act 2002 and S.I. 2004/1261,  50  (6)  In paragraphs (3), (4), (4A) and (6A), for “Office of Fair Trading” (in each place where it 
occurs) substitute “CMA”. 
(7)  In paragraph (3A) for “the Office of Fair Trading” substitute “the CMA”. 
(8)  In paragraph (5)— 
(a)  in the words before paragraph (a)— 
(i)  for “the Competition Commission” substitute “a CMA group”, 
(ii)  for “reference made to them by the Director” substi tute “market investigation 
reference made by the Authority (under section 131 of the Act of 2002)”, and 
(b)  for “Commission” (in each place where it occurs) su bstitute “group”. 
(9)  After paragraph (5) insert— 
“(5A) In paragraph (5) “CMA group” has the same mea ning as in Schedule 4 to the 
Enterprise and Regulatory Reform Act 2013.” 
(10)  In paragraph (6)— 
(a)  for “reports of Competition Commission” substitute “market investigations”, and 
(b)  for “the Office of Fair Trading” substitute “the CM A”. 
(11)  In Article 50 (general functions)( a), in paragraph (3), for “the Office of Fair Tradin g” (in 
each place where it occurs) substitute “the CMA”. 
Gas (Northern Ireland) Order 1996 
217.  The Gas (Northern Ireland) Order 1996( b) is amended as follows. 
218. —(1) Article 15B (references under Article 15: powe rs of investigation)( c) is amended as 
follows. 
(2)  In paragraph (1), after “paragraphs” insert “(1A),” . 
(3)  After paragraph (1), insert— 
“(1A) Section 109 shall, in its application by virt ue of paragraph (1), have effect as if— 
(a) for subsection (A1), there were substituted— 
“(A1) For the purposes of this section, a permitted  purpose is assisting the CMA in 
carrying out any functions exercisable by it in con nection with a reference under 
Article 15 of the Gas (Northern Ireland) Order 1996 .”, and 
(b) subsection (8A) were omitted.” 
(4)  In paragraph (2)— 
(a)  at the end of sub-paragraph (a), omit “and”, 
(b)  after that sub-paragraph, insert— 
“(aa) after subsection (3), there were inserted— 
“(3A) No penalty shall be imposed by virtue of subs ection (1) or (3) if more than 4 
weeks have passed since the publication of the repo rt of the CMA on the reference 
concerned; but this subsection shall not apply in r elation to any variation or 
substitution of the penalty which is permitted by v irtue of this Part.”; and”. 
(5)  For paragraph (3) substitute— 
“(3) Section 111(5)(b) shall, in its application by  virtue of paragraph (1), have effect as if 
for sub-paragraph (ii) there were substituted— 
                                                                                                                                            
(a) Amended by Schedule 25 to the Enterprise Act 2002  and S.I. 2003/419 (N.I. 6). There are other amendm ents to Article 50 
but none is relevant to this Order. 
(b) S.I. 1996/275 (N.I. 2) 
(c) Inserted by Schedule 25 to the Enterprise Act 200 2.  51   “(ii) if earlier, the day on which the report of t he CMA on the reference 
concerned is made or, if no such report is made wit hin the period 
permitted for that purpose, the latest day on which  the report may be 
made within the permitted period.”.” 
219. —(1) Article 17A (competition authority’s power to veto modifications following report)( a) 
is amended as follows. 
(2)  In paragraph (17), after “paragraphs” insert “(17A) ,”. 
(3)  After paragraph (17), insert— 
“(17A) Section 109 shall, in its application by vir tue of paragraph (17), have effect as if— 
(a) for subsection (A1), there were substituted— 
“(A1) For the purposes of this section, a permitted  purpose is assisting the CMA in 
carrying out any functions exercisable by it in con nection with an investigation for 
the purposes of the exercise of its functions under  Article 17A of the Gas (Northern 
Ireland) Order 1996.”, and 
(b) subsection (8A) were omitted.” 
(4)  In paragraph (18)— 
(a)  at the end of sub-paragraph (a), omit “and”, 
(b)  for sub-paragraph (b), substitute— 
“(b) after subsection (3), there were inserted— 
“(3A) No penalty shall be imposed by virtue of subs ection (1) or (3) if more than 4 
weeks have passed since the publication by the CMA of a notice under Article 
17A(8) of the Gas (Northern Ireland) Order 1996 in connection with the reference 
concerned or, if no direction has been given by the  CMA under Article 17A(1) of 
that Order in connection with the reference concern ed and within the period 
permitted for that purpose, the latest day on which  it was possible to give such a 
direction within the permitted period; but this sub section shall not apply in relation 
to any variation or substitution of the penalty whi ch is permitted by virtue of this 
Part.”; and”. 
220.  In Article 18 (modification by order under other s tatutory provisions)( b), in paragraph 
(1A)(b), after “the market” insert “or markets”. 
221. —(1) Article 23 (functions with respect to competit ion)( c) is amended as follows. 
(2)  In paragraph (2), for “Office of Fair Trading” subs titute “CMA”. 
(3)  In paragraph (2A)— 
(a)  for “Office of Fair Trading” substitute “CMA”, 
(b)  for “and 171” substitute “, 171 and 174E”, and 
(c)  for “relating to” substitute— 
“those functions— 
(a) are exercisable by the CMA Board (within the me aning of Schedule 4 to the 
Enterprise and Regulatory Reform Act 2013), and 
(b) relate to”. 
(4)  In paragraph (2B)— 
(a)  for “(2) and (2A), references” substitute— 
                                                                                                                                            
(a) Inserted by S.I. 2003/419 (N.I. 6) and subsequent ly amended by S.R. 2013 No. 92 and Schedule 6 to th e Enterprise and 
Regulatory Reform Act 2013. 
(b) Amended by Schedule 9 to the Enterprise Act 2002,  SR 2007/321 and Schedule 6 to the Enterprise and R egulatory Reform 
Act 2013. There are other amendments to Article 18 but none is relevant to this Order. 
(c) Amended by Schedule 10 to the Competition Act 199 8, S.I. 1999/506, Schedules 9 and 25 to the Enterpr ise Act 2002 and 
S.I. 2004/1261.  52  “(2) and (2A)— 
(a) references”, 
(b)  for “Office of Fair Trading” substitute “CMA”, 
(c)  for “and 171” substitute “, 171 and 174E”, and 
(d)  for “requires).” substitute— 
“requires); 
(b) references in that Part to section 5 of the Act  of 2002 are to be construed as 
including references to Article 27(1) of this Order .” 
(5)  After paragraph (2B) insert— 
“(2C) Section 130A of the Enterprise Act 2002 is to  have effect in its application to the 
Authority by virtue of paragraphs (2) and (2A)— 
(a) as if for subsection (1) of that section there were substituted— 
“(1) Where the Northern Ireland Authority for Utili ty Regulation— 
(a) is proposing to carry out its functions under A rticle 27(1) of the Gas 
(Northern Ireland) Order 1996 in relation to a matt er for the purposes 
mentioned in subsection (2), and 
(b) considers that the matter is one in respect of which it would be appropriate 
for the Authority to exercise its powers under sect ion 174 (investigation) in 
connection with deciding whether to make a referenc e under section 131, 
the Authority must publish a notice under this sect ion (referred to in this Part as a 
“market study notice”).”, and 
(b) as if in subsection (2)(a) of that section, for  “the acquisition or supply of goods or 
services of one or more than one description in the  United Kingdom” there were 
substituted “commercial activities connected with t he conveyance, storage or 
supply of gas”.” 
(6)  In paragraphs (3), (4), (4A) and (7), for “Office o f Fair Trading” (in each place where it 
occurs) substitute “CMA”. 
(7)  In paragraph (3A), for “the Office of Fair Trading”  substitute “the CMA”. 
(8)  In paragraph (5)— 
(a)  in the words before paragraph (a)— 
(i)  for “the Competition Commission” substitute “a CMA group”, 
(ii)  for “reference made to them by the Director” substi tute “market investigation 
reference made by the Authority (under section 131 of the Act of 2002)”, and 
(b)  for “Commission” (in each place where it occurs) su bstitute “group”. 
(9)  After paragraph (5) insert— 
“(5A) In paragraph (5) “CMA group” has the same mea ning as in Schedule 4 to the 
Enterprise and Regulatory Reform Act 2013.” 
(10)  In paragraph (6)— 
(a)  for “reports of Competition Commission” substitute “market investigations”, and 
(b)  for “Office of Fair Trading” substitute “CMA”. 
(11)  In Article 27 (general functions)( a), in paragraph (3), for “the Office of Fair Tradin g” (in 
each place where it occurs) substitute “the CMA”. 
                                                                                                                                            
(a) Amended by Schedule 25 to the Enterprise Act 2002  and S.I. 2003/419 (N.I. 6). There are other amendm ents to Article 27 
but none is relevant to this Order.  53  Water (Northern Ireland) Order 1999 
222.  In Article 29A of the Water (Northern Ireland) Ord er 1999 (restriction on disclosure of 
information)( a), in paragraph (2)(a), for “Competition Commission ” substitute “Competition and 
Markets Authority”. 
Company Directors Disqualification (Northern Irelan d) Order 2002 
223.  The Company Directors Disqualification (Northern I reland) Order 2002( b) is amended as 
follows. 
224.  In Article 2 (interpretation)( c), in paragraph (2)— 
(a)  omit the definition of “the OFT”, and 
(b)  in the appropriate place, insert— 
““CMA” means the Competition and Markets Authority; ”. 
225.  In Article 12 (variation etc. of disqualification undertaking)( d), in paragraph (3), for “OFT” 
substitute “CMA”. 
226.  In Article 13A (competition disqualification order )( e), in paragraph (10), for “OFT” 
substitute “CMA”. 
227.  In Article 13B (competition undertakings)( f), in paragraphs (1), (2) and (7), for “OFT” (in 
each place where it occurs) substitute “CMA”. 
228.  In Article 13C (competition investigations)( g), for “OFT” (in each place where it occurs) 
substitute “CMA”. 
229.  In Article 13D (co-ordination)( h), in paragraph (2), after sub-paragraph (a), inser t— 
“(aa) the reference in subsection (6A)(b) to notice  under section 31(1) of the 
Competition Act 1998 that the regulator proposes to  make a decision within the 
meaning given by section 31(2) of that Act is to be  read as notice under Article 
13C(4) that the specified regulator proposes to app ly under Article 13A for a 
disqualification order;”. 
230.  In Article 20 (application for disqualification or der)( i), in paragraph (4), for “OFT” 
substitute “CMA”. 
231.  In Article 21 (application for leave under an orde r or undertaking)( j), in paragraph (3), for 
“OFT” substitute “CMA”. 
232.  In Article 22 (register of disqualification orders  and undertakings)( k), in paragraph (3), for 
“OFT” substitute “CMA”. 
Energy (Northern Ireland) Order 2003 
233.  The Energy (Northern Ireland) Order 2003( l) is amended as follows. 
                                                                                                                                            
(a) S.I. 1999/662 (N.I. 6); Article 29A was inserted by S.I. 2006/3336 (N.I. 21) 
(b) S.I. 2002/3150 (N.I. 4). 
(c) The definition of “the OFT” was inserted by S.I. 2005/1454 (N.I. 9). There are other amendments to a rticle 2 but none is 
relevant to this Order. 
(d) Paragraph (3) was inserted by S.I. 2005/1454 (N.I . 9). 
(e) Article 13A was inserted by S.I. 2005/1454 (N.I. 9). 
(f) Article 13B was inserted by S.I. 2005/1454 (N.I. 9). 
(g) Article 13C was inserted by S.I. 2005/1454 (N.I. 9). 
(h) Article 13D was inserted by S.I. 2005/1454 (N.I. 9). 
(i) Paragraph (4) was inserted by S.I. 2005/1454 (N.I . 9). 
(j) Paragraph (3) was inserted by S.I. 2005/1454 (N.I . 9). 
(k) Paragraph (3) was inserted by S.I. 2005/1454 (N.I . 9). There are other amendments to article 22 but none is relevant to this 
Order. 
(l) SI 2003/419 (N.I. 6).  54  234.  In Article 2 (interpretation)( a), in paragraph (1), after the definition of “the A uthority” 
insert— 
““the CMA” means the Competition and Markets Author ity;”. 
235.  In Article 7 ((publication by Authority of advice and information about consumer 
matters)( b), in paragraph (4), for “Office of Fair Trading” s ubstitute “CMA”. 
236.  In Article 8A (duty on the Authority to have regar d to the need for consultation and co-
operation with other authorities)( c), in paragraph (3), in the definition of “relevant  national 
authority”— 
(a)  for “any” substitute “either”, 
(b)  omit paragraph (a), and 
(c)  in paragraph (c), for “Office of Fair Trading” subs titute “CMA”. 
237.  In Article 13 (exceptions from the general duties) (d), in paragraph (3), for “Office of Fair 
Trading” substitute “CMA”. 
238.  In Article 15 (exceptions from the general duties) (e), in paragraph (3), for “Office of Fair 
Trading” substitute “CMA”. 
239.  In Article 18 (provision of advice and information  to public authorities and other persons) 
in paragraph (5), for “Competition Commission” subs titute “CMA”. 
240.  In Article 23 (power of Council to investigate oth er matters), in paragraph (2), for “Office 
of Fair Trading” substitute “CMA”. 
241. —(1) Article 63 (general restrictions on disclosure  of information)( f) is amended as follows. 
(2)  In paragraph (3), in sub-paragraph (a), for “Compet ition Commission” substitute “CMA”. 
(3)  In paragraph (5)— 
(a)  in sub-paragraph (c), for “Competition Commission” substitute “CMA”, and 
(b)  omit sub-paragraph (d). 
(4)  In paragraph (6), after sub-paragraph (w), insert— 
“(x) Parts 3 and 4 of the Enterprise and Regulatory  Reform Act 2013.” 
(5)  In paragraph (8), in sub-paragraph (c), for “Compet ition Commission” substitute “CMA”. 
(6)  In paragraph (10), for “Office of Fair Trading” sub stitute “CMA”. 
242.  Schedule 2 (orders altering licensable activities) ( g) is amended as follows. 
243. —(1) Paragraph 5 (references under paragraph 3: app lication of Enterprise Act 2002) is 
amended as follows. 
(2)  In sub-paragraph (1), after “sub-paragraphs” insert  “(1A),”. 
(3)  After sub-paragraph (1), insert— 
“(1A) Section 109 shall, in its application by virt ue of sub-paragraph (1), have effect as 
if— 
(a) for subsection (A1), there were substituted— 
                                                                                                                                            
(a) There are amendments to Article 2 but none is rel evant to this Order. 
(b) There are amendments to Article 7 but none is rel evant to this Order. 
(c) Inserted by S.R. 2011 No. 155). There are amendme nts to Article 8A but none is relevant to this Orde r. 
(d) There are amendments to Article 13 but none is re levant to this Order. 
(e) There are amendments to Article 15 but none is re levant to this Order. 
(f) Amended by S.I. 2007/913 (N.I. 7). There are othe r amendments to Article 63 but none is relevant to this Order. 
(g) Amended by Schedule 6 to the Enterprise and Regul atory Reform Act 2013.  55  “(A1) For the purposes of this section, a permitted  purpose is assisting the CMA in 
carrying out any functions exercisable by it in con nection with a reference under 
paragraph 3 of Schedule 2 to the Energy (Northern I reland) Order 2003.”, and 
(b) subsection (8A) were omitted.” 
(4)  In sub-paragraph (2)— 
(a)  at the end of paragraph (a), omit “and”, 
(b)  after that paragraph, insert— 
“(aa) after subsection (3), there were inserted— 
“(3A) No penalty shall be imposed by virtue of subs ection (1) or (3) if more than 4 
weeks have passed since the publication of the repo rt of the CMA on the reference 
concerned; but this subsection shall not apply in r elation to any variation or 
substitution of the penalty which is permitted by v irtue of this Part.”; and”. 
(5)  For sub-paragraph (3) substitute— 
“(3) Section 111(5)(b) shall, in its application by  virtue of sub-paragraph (1), have effect 
as if for sub-paragraph (ii) there were substituted — 
 “(ii) if earlier, the day on which the report of t he CMA on the reference 
concerned is made or, if no such report is made wit hin the period 
permitted for that purpose, the latest day on which  the report may be 
made within the permitted period.”.” 
Water Services etc. (Scotland) Act 2005 (Consequent ial Provisions and Modifications) Order 
2005 
244.  The Water Services etc. (Scotland) Act 2005 (Conse quential Provisions and Modifications) 
Order 2005( a) is amended as follows. 
245. —(1) Article 5 (references: powers of investigation )(b) is amended as follows. 
(2)  In paragraph (1), for “(2)” substitute “(1A)”. 
(3)  After paragraph (1), insert— 
“(1A) Section 109 shall, in its application by virt ue of paragraph (1), have effect as if— 
(a) for subsection (A1), there were substituted— 
“(A1) For the purposes of this section, a permitted  purpose is assisting the CMA in 
carrying out any functions exercisable by it in con nection with a reference under 
article 3 of the Water Services etc. (Scotland) Act  2005 (Consequential Provisions 
and Modifications) Order 2005.”, and 
(b) subsection (8A) were omitted.” 
(4)  In paragraph (2), after sub-paragraph (a), insert— 
“(aa) after subsection (3), there were inserted— 
“(3A) No penalty shall be imposed by virtue of subs ection (1) or (3) if more than 4 
weeks have passed since the publication of the repo rt of the CMA on the reference 
concerned; but this subsection shall not apply in r elation to any variation or 
substitution of the penalty which is permitted by v irtue of this Part.”;”. 
(5)  In paragraph (3), for sub-paragraph (b) substitute—  
“(b) in subsection (5)(b), for sub-paragraph (ii) t here were substituted— 
 “(ii) if earlier, the day on which the report of t he CMA on the reference 
concerned is made or, if no such report is made wit hin the period 
                                                                                                                                            
(a) S.I. 2005/3172. 
(b) Amended by Schedule 6 to the Enterprise and Regul atory Reform Act 2013.  56  permitted for that purpose, the latest day on which  the report may be 
made within the permitted period.”.” 
246. —(1) Article 10 (article 9: supplementary)( a) is amended as follows. 
(2)  In paragraph (3), for “(4)” substitute “(3A)”. 
(3)  After paragraph (3), insert— 
“(3A) Section 109 shall, in its application by virt ue of paragraph (3), have effect as if— 
(a) for subsection (A1), there were substituted— 
“(A1) For the purposes of this section, a permitted  purpose is assisting the CMA in 
carrying out any functions exercisable by it in con nection with an investigation for 
the purposes of the exercise of its functions under  article 9 of the Water Services etc. 
(Scotland) Act 2005 (Consequential Provisions and M odifications) Order 2005.”, 
and 
(b) subsection (8A) were omitted.” 
(4)  In paragraph (4), for sub-paragraph (b), substitute — 
“(b) after subsection (3), there were inserted— 
“(3A) No penalty shall be imposed by virtue of subs ection (1) or (3) if more than 4 
weeks have passed since the publication by the CMA of a notice under article 9(8) of 
the Water Services etc. (Scotland) Act 2005 (Conseq uential Provisions and 
Modifications) Order 2005 in connection with the re ference concerned or, if no 
direction has been given by the CMA under article 9 (1) of that Order in connection 
with the reference concerned and within the period permitted for that purpose, the 
latest day on which it was possible to give such a direction within the permitted 
period; but this subsection shall not apply in rela tion to any variation or substitution 
of the penalty which is permitted by virtue of this  Part.”; and”. 
Water and Sewerage Services (Northern Ireland) Orde r 2006 
247.  The Water and Sewerage Services (Northern Ireland)  Order 2006( b) is amended as follows. 
248.  In Article 5 (annual report of the Authority), in paragraph (1), in sub-paragraph (b), for 
“Competition Commission” substitute “CMA”. 
249.  In Article 6 (general duties with respect to water  industry), in paragraph (10), for “OFT” 
substitute “CMA”. 
250. —(1) Article 23 (references under Article 21: power s of investigation) is amended as 
follows. 
(2)  In paragraph (1), after “paragraphs” insert “(1A),” . 
(3)  After paragraph (1), insert— 
“(1A) Section 109 shall, in its application by virt ue of paragraph (1), have effect as if— 
(a) for subsection (A1), there were substituted— 
“(A1) For the purposes of this section, a permitted  purpose is assisting the CMA in 
carrying out any functions exercisable by it in con nection with a reference under 
Article 21 of the Water and Sewerage Services (Nort hern Ireland) Order 2006.”, and 
(b) subsection (8A) were omitted.” 
(4)  In paragraph (2)— 
(a)  at the end of sub-paragraph (a), omit “and”, 
(b)  after that sub-paragraph, insert— 
                                                                                                                                            
(a) Amended by Schedule 6 to the Enterprise and Regul atory Reform Act 2013. 
(b) S.I. 2006/3336 (N.I. 21)  57  “(aa) after subsection (3), there were inserted— 
“(3A) No penalty shall be imposed by virtue of subs ection (1) or (3) if more than 4 
weeks have passed since the publication of the repo rt of the CMA on the reference 
concerned; but this subsection shall not apply in r elation to any variation or 
substitution of the penalty which is permitted by v irtue of this Part.”; and”. 
(5)  For paragraph (3) substitute— 
“(3) Section 111(5)(b) shall, in its application by  virtue of paragraph (1), have effect as if 
for sub-paragraph (ii) there were substituted— 
 “(ii) if earlier, the day on which the report of t he CMA on the reference 
concerned is made or, if no such report is made wit hin the period 
permitted for that purpose, the latest day on which  the report may be 
made within the permitted period.”.” 
251. —(1) Article 27 (competition authority’s power to v eto modifications following report)( a) 
is amended as follows. 
(2)  In paragraph (6), after “paragraphs” insert “(6A),” . 
(3)  After paragraph (6), insert— 
“(6A) Section 109 shall, in its application by virt ue of paragraph (6), have effect as if— 
(a) for subsection (A1), there were substituted— 
“(A1) For the purposes of this section, a permitted  purpose is assisting the CMA in 
carrying out any functions exercisable by it in con nection with an investigation for 
the purposes of the exercise of its functions under  Article 26 of the Water and 
Sewerage Services (Northern Ireland) Order 2006.”, and 
(b) subsection (8A) were omitted.” 
(4)  In paragraph (7), for sub-paragraph (b), substitute — 
“(b) after subsection (3), there were inserted— 
“(3A) No penalty shall be imposed by virtue of subs ection (1) or (3) if more than 4 
weeks have passed since the publication by the CMA of a notice under Article 26(9) 
of the Water and Sewerage Services (Northern Irelan d) Order 2006 in connection 
with the reference concerned or, if no direction ha s been given by the CMA under 
Article 26(1) of that Order in connection with the reference concerned and within the 
period permitted for that purpose, the latest day o n which it was possible to give such 
a direction within the permitted period; but this s ubsection shall not apply in relation 
to any variation or substitution of the penalty whi ch is permitted by virtue of this 
Part.”; and”. 
252.  In Article 28 (modification by order under other s tatutory provisions)( b), in paragraph 
(2)(b), after “the market” insert “or markets”. 
253. —(1) Article 29 (functions of the Authority with re spect to competition) is amended as 
follows. 
(2)  In paragraph (1), for “OFT” substitute “CMA”. 
(3)  In paragraph (2)— 
(a)  for “OFT” substitute “CMA”, 
(b)  for “and 171” substitute “, 171 and 174E”, and 
(c)  for “relating to” substitute— 
“those functions— 
                                                                                                                                            
(a) Amended by Schedule 6 to the Enterprise and Regul atory Reform Act 2013. 
(b) Amended by Schedule 6 to the Enterprise and Regul atory Reform Act 2013.  58  (a) are exercisable by the CMA Board (within the me aning of Schedule 4 to the 
Enterprise and Regulatory Reform Act 2013), and 
(b) relate to”. 
(4)  In paragraph (3) and paragraphs (5) to (7), for “OF T” (in each place where it occurs) 
substitute “CMA”. 
(5)  In paragraph (4)— 
(a)  for “(1) and (2), references” substitute— 
“(1) and (2)— 
(a) references”, 
(b)  for “OFT” substitute “CMA”, 
(c)  for “and 171” substitute “, 171 and 174E”, and 
(d)  for “requires).” substitute— 
“requires); 
(b) references in that Part to section 5 of the Act  of 2002 are to be construed as 
including references to Article 60(1) and (2) of th is Order.” 
(6)  After paragraph (4) insert— 
“(4A) Section 130A of the Enterprise Act 2002 is to  have effect in its application to the 
Authority by virtue of paragraphs (1) and (2)— 
(a) as if for subsection (1) of that section there were substituted— 
“(1) Where the Northern Ireland Authority for Utili ty Regulation— 
(a) is proposing to carry out its functions under A rticle 60(1) and (2) of the 
Water and Sewerage Services (Northern Ireland) Orde r 2006 in relation to a 
matter for the purposes mentioned in subsection (2) , and 
(b) considers that the matter is one in respect of which it would be appropriate 
for the Authority to exercise its powers under sect ion 174 (investigation) in 
connection with deciding whether to make a referenc e under section 131, 
the Authority must publish a notice under this sect ion (referred to in this Part as a 
“market study notice”).”, and 
(b) as if in subsection (2)(a) of that section, for  “the acquisition or supply of goods or 
services of one or more than one description in the  United Kingdom” there were 
substituted “commercial activities connected with t he supply of water or the 
provision of sewerage services (within the meaning given by Article 2 of the Water 
and Sewerage Services (Northern Ireland) Order 2006 )”.” 
(7)  In paragraph (8)— 
(a)  in the words before paragraph (a)— 
(i)  for “the Competition Commission” substitute “a CMA group”, 
(ii)  for “reference made to the Commission by the Author ity” substitute “market 
investigation reference made by the Authority (unde r section 131 of the Act of 
2002), and 
(b)  for “Commission” (in each place where it occurs) su bstitute “group”. 
(8)  In paragraphs (9) and (10), for “OFT” (in each plac e where it occurs) substitute “CMA”. 
(9)  In Article 56 (power of the Council to investigate other matters), in paragraph (2), for “OFT” 
substitute “CMA”. 
254.  In Article 60 (general duty of the Authority to ke ep matters under review) in paragraph (4), 
for “OFT” (in each place where it occurs) substitut e “CMA”. 
255.  In Article 253 (the Authority’s register), in para graph (2), in sub-paragraph (b), for 
“Competition Commission” substitute “CMA”.  59  256.  In Article 259 (publication of certain information  and advice)( a), in paragraph (5), for 
“OFT” substitute “CMA”. 
257. —(1) Article 265 (restriction on disclosure of info rmation) is amended as follows. 
(2)  In paragraph (3), in sub-paragraph (a), for “Compet ition Commission” substitute “CMA”. 
(3)  In paragraph (4)— 
(a)  in sub-paragraph (c), for “Competition Commission” substitute CMA”, and 
(b)  omit sub-paragraph (d). 
(4)  In paragraph (5), after sub-paragraph (s), insert— 
“(t) Parts 3 and 4 of the Enterprise and Regulatory  Reform Act 2013.” 
(5)  In paragraph (7), in sub-paragraph (a), for “Compet ition Commission” substitute “CMA”. 
(6)  In paragraph (13), for “OFT” substitute “CMA”. 
Electricity (Single Wholesale Market) (Northern Ire land) Order 2007 
258.  In Article 10 of the Electricity (Single Wholesale  Market) (Northern Ireland) Order 
2007( b), in paragraph (3), for “Office of Fair Trading” s ubstitute “Competition and Markets 
Authority”. 
Welsh Language (Wales) Measure 2011 
259.  In Schedule 6 to the Welsh Language (Wales) Measur e 2011 (public bodies etc: 
standards)( c)— 
(a)  in the Welsh text, omit the entry relating to “Y Co misiwn Cystadlu (“the Competition 
Commission”)”, and 
(b)  in the English text, omit the entry relating to “th e Competition Commission (“Y 
Comisiwn Cystadlu”)”. 
 
 
 SCHEDULE 2 Article 3(10) 
Transitional provision: investigation powers of the  CMA 
1.  The amendments made by section 29 of the Act, to s ections 109 to 111 of the Enterprise Act 
2002 (“the 2002 Act”), do not have effect in relati on to those sections as applied by the 
enactments listed in column 2 of the Table below in  relation to any notice given under section 109 
of the 2002 Act before 1st April 2014. 
2.  The amendments made by the paragraphs of Schedule 1 listed in column 1 of the Table below 
to the enactments listed in column 2 of that Table do not apply in relation to any notice given 
before 1st April 2014 under section 109 of the 2002  Act as applied by those enactments. 
 
(1) 
Paragraph of Schedule 1 (2) 
Provision of sectoral legislation amended 
Paragraph 36 Section 11B of the Competition Act 198 0 
(references under section 11: powers of 
investigation and penalties)( d) 
                                                                                                                                            
(a) There are amendments to Article 265 but none is r elevant to this Order. 
(b) S.I. 2007/913 (N.I. 7). 
(c) 2011 (nawm 1). 
(d) 1980 c. 21. Section 11B was inserted by Schedule 25 to the Enterprise Act 2002.  60  Paragraph 51 Section 41EB of the Gas Act 1986 (refe rences 
under section 41E: application of Enterprise 
Act 2002)( a)  
Paragraph 68 Section 56CB of the Electricity Act 19 89 
(references under section 56C: application of 
Enterprise Act 2002)( b)  
Paragraph 75 Section 14B of the Water Industry Act 1991 
(references under section 14: powers of 
investigation)( c) 
Paragraph 76 Section 16B of the Water Industry Act 1991 
(competition authority’s power of veto 
following report: supplementary)( d) 
Paragraph 78 Section 17M of the Water Industry Act 1991 
(references under section 17K: powers of 
investigation)( e) 
Paragraph 79 Section 17Q of the Water Industry Act 1991 
(section 17P: supplementary)( f) 
Paragraph 101 Section 13B of the Railways Act 1993 
(references under section 13: application of 
Enterprise Act 2002)( g) 
Paragraph 102 Section 15C of the Railways Act 1993 (sections 
15A and 15B: supplementary)( h) 
Paragraph 111 Paragraph 10A of Schedule 4A to the R ailways 
Act 1993 (references under paragraph 9: 
application of Enterprise Act 2002)( i) 
Paragraph 112 Paragraph 15 of Schedule 4A to the Ra ilways 
Act 1993 (paragraphs 13 and 14: 
supplementary)( j) 
Paragraph 150 Section 12B of the Transport Act 2000  
(references under section 12: application of 
Enterprise Act 2002)( k) 
Paragraph 151 Section 18 of the Transport Act 2000 (sections 
15 and 16: general)( l) 
Paragraph 177 Section 60(9) of the Legal Services A ct 2007 
(duties of the competition authority)( m) 
Paragraph 195 Paragraph 10 of Schedule 10 to the He alth and 
                                                                                                                                            
(a) 1986 c. 44. Section 41EB was inserted by Schedule  25 to the Enterprise Act 2002 and subsequently ame nded by Schedule 
16 to the Communications Act 2003 and Schedule 6 to  the Enterprise and Regulatory Reform Act 2012. 
(b) 1989 c. 29. Section 56CB was inserted by Schedule  25 to the Enterprise Act 2002 and subsequently ame nded by Schedule 
16 to the Communications Act 2003 and Schedule 6 to  the Enterprise and Regulatory Reform Act 2013. 
(c) 1991 c. 56. Section 14B was inserted by Schedule 25 to the Enterprise Act 2002. 
(d) Inserted by section 55 of the Water Act 2003 and amended by Schedule 6 to the Enterprise and Regulat ory Reform Act 
2013. 
(e) Inserted by Schedule 4 to the Water Act 2003. 
(f) Inserted by Schedule 4 to the Water Act 2003 and amended by Schedule 6 to the Enterprise and Regulat ory Reform Act 
2013. 
(g) 1993 c. 43. Section 13B was inserted by Schedule 25 to the Enterprise Act 2002 and amended by Schedu le 16 to the 
Communications Act 2003 and by Schedule 6 to the En terprise and Regulatory Reform Act 2013. 
(h) Inserted by section 242 of the Transport Act 2000  and amended by Schedule 25 to the Enterprise Act 2 002 and Schedule 6 
to the Enterprise and Regulatory Reform Act 2013. T here are other amendments to section 15C but none i s relevant to this 
Order. 
(i) Substituted by Schedule 25 to the Enterprise Act 2002 and amended by Schedule 16 to the Communicatio ns Act 2003 and 
Schedule 6 to the Enterprise and Regulatory Reform Act 2013. 
(j) Substituted by Schedule 25 to the Enterprise Act 2002 and amended by Schedule 16 to the Communicatio ns Act 2003 and 
Schedule 6 to the Enterprise and Regulatory Reform Act 2013. There are other amendments not relevant t o this Order. 
(k) 2000 c. 38. Section 12B was inserted by Schedule 25 to the Enterprise Act 2002 and is amended by Sch edule 6 to the 
Enterprise and Regulatory Reform Act 2013. 
(l) Substituted by Schedule 25 to the Enterprise Act 2002 and amended by Schedule 6 to the Enterprise an d Regulatory Reform 
Act 2013. There are other amendments but none is re levant to this Order. 
(m) 2007 c. 29. Section 60 is amended by Schedule 6 t o the Enterprise and Regulatory Reform Act 2013.  61  Social Care Act 2012 (references by Monitor to 
the CMA: powers of investigation)( a) 
Paragraph 213 Article 15B of the Electricity (North ern Ireland) 
Order 1992 (references under Article 15: 
powers of investigation)( b) 
Paragraph 214 Article 17A of the Electricity (North ern 
Ireland) Order 1992 (competition authority’s 
power to veto modifications following 
report)( c) 
Paragraph 218 Article 15B of the Gas (Northern Irel and) Order 
1996 (references under Article 15: powers of 
investigation)( d) 
Paragraph 219 Article 17A of the Gas (Northern Irel and) 
Order 1996 (competition authority’s power to 
veto modifications following report)( e) 
Paragraph 243 Paragraph 5 of Schedule 2 to the Ener gy 
(Northern Ireland) Order 2003 (orders altering 
licensable activities: references under paragraph 
3: application of Enterprise Act 2002) 
Paragraph 245 Article 5 of the Water Services etc. (Scotland) 
Act 2005 (Consequential Provisions and 
Modifications) Order 2005 (references: powers 
of investigation)( f) 
Paragraph 246 Article 10 the Water Services etc. (S cotland) 
Act 2005 (Consequential Provisions and 
Modifications) Order 2005 (article 9: 
supplementary)( g) 
Paragraph 250 Article 23 of the Water and Sewerage Services 
(Northern Ireland) Order 2006( h) (references 
under Article 21: powers of investigation) 
Paragraph 251 Article 27 of the Water and Sewerage Services 
(Northern Ireland) Order 2006 (competition 
authority’s power to veto modifications 
following report)( i) 
 
3.  The amendments made by section 36 of, and Schedule  11 to, the Act, to sections 174 and 175 
of the 2002 Act, do not have effect in relation to those sections as applied by or by virtue of— 
(a)  section 140D of the Financial Services and Markets Act 2000 (investigation powers of 
OFT)( j), and 
(b)  section 57 of the Legal Services Act 2007 (reports by competition authority)( k), 
in relation to any notice given under section 174 o f the 2002 Act before 1st April 2014. 
4.  The amendments made— 
                                                                                                                                            
(a) 2012 c. 7. 
(b) S.I. 1992/231 (N.I. 1).Article 15B was inserted b y Schedule 25 to the Enterprise Act 2002. 
(c) Inserted by S.I. 2003/419 (N.I. 6) and subsequent ly amended by Schedule 6 to the Enterprise and Regu latory Reform Act 
2013. 
(d) S.I. 1996/275 (N.I. 2). Article 15B was inserted by Schedule 25 to the Enterprise Act 2002. 
(e) S.I. 2003/419 (N.I. 6). Schedule 2 was inserted b y S.I. 2003/419 (N.I. 6) and subsequently amended b y S.R. 2013 No. 92 
and Schedule 6 to the Enterprise and Regulatory Ref orm Act 2013. 
(f) S.I. 2005/3172. Article 5 is amended by Schedule 6 to the Enterprise and Regulatory Reform Act 2013.  
(g) Amended by Schedule 6 to the Enterprise and Regul atory Reform Act 2013. 
(h) S.I. 2006/3336 (N.I. 21). 
(i) Amended by Schedule 6 to the Enterprise and Regul atory Reform Act 2013. 
(j) 2000 c. 8. Section 140D was substituted by sectio n 24 of the Financial Services Act 2012. 
(k) 2007 c. 29. Section 57 is amended by Schedule 6 t o the Enterprise and Regulatory Reform Act 2013.  62  (a)  by paragraph 124 of Schedule 1 to section 140D of t he Financial Services and Markets 
Act 2000, and 
(b)  by paragraph 176 of that Schedule to section 57 of the Legal Services Act 2007, 
do not apply in relation to any notice given before  1st April 2014 under section 174 of the 2002 
Act as applied by those enactments. 
 
 
 
EXPLANATORY NOTE 
(This note is not part of the Order) 
Section 25 of and Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (“the Act”) 
provide for the creation of the Competition and Mar kets Authority (“CMA”). Section 26 of and 
Schedules 5 and 6 to the Act provide for the abolit ion of the Office of Fair Trading (“OFT”) and 
the Competition Commission (“the Commission”) and f or the transfer of functions from the OFT 
and the Commission to the CMA. 
Part 4 of the Act makes various changes to the comp etition functions which the CMA will 
assume. In particular, the Act amends Part 3 (merge rs) and Part 4 (markets studies and market 
investigations) of the Enterprise Act 2002. 
This Order makes consequential amendments to a numb er of enactments in connection with the 
commencement of Parts 3 and 4 of the Act on 1st Apr il 2014. 
Article 1 provides for citation, commencement, inte rpretation and extent. Article 1(3) provides 
that the amendments and repeals in the Order have t he same extent as the enactment amended or 
repealed. 
Article 2 gives effect to Schedule 1. Schedule 1 ma kes consequential amendments in connection 
with the transfer of functions to the CMA and the a bolition of the OFT and Commission by 
substituting the CMA for the OFT and the Commission  in a number of enactments. It also makes 
amendments consequential on the amendments to compe tition law made under Part 4 of the Act. 
In particular, Schedule 1 specifies amendments to t he sector specific legislation (e.g. gas, water, 
rail) under which regulators such as the Office of Rail Regulation, the Gas and Electricity Markets 
Authority, are given competition functions concurre ntly with the OFT under Part 4 of the 
Enterprise Act 2002. Schedule 1 also makes conseque ntial amendments to the sectoral legislation 
in connection with the transfer to the CMA of the C ommission’s role in receiving references of 
regulatory matters. 
These amendments supplement the amendments already made to the sector specific legislation 
by Schedule 6 (regulatory appeals etc: minor and co nsequential amendments) and Schedule 14 
(Regulators: use of powers under the 1998 Act) to t he Act. 
Article 3 and Schedule 2 make transitional and savi ng provision in connection with the transfer 
of functions from the OFT and the Commission to the  CMA. 
The impact assessment completed for Parts 3 and 4 o f the Enterprise and Regulatory Reform 
Bill, introduced to Parliament on 23rd May 2012, co ntains an assessment of the effect that the 
reforms to the competition regime will have on the costs of business and the public and voluntary 
sector and can be found at the website: 
https://www.gov.uk/government/publications/strength ening-competition-and-creating-a-single-
market-authority. 
  
  
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