Enterprise and 
Regulatory Reform 
Act 2013
CHAPTER 24
Explanatory Notes have been produced to assist in the
understanding of this Act and are available separatelyEnterprise and Regulatory Reform Act 
2013
CHAPTER 24
CONTENTS
PART 1
UK G REEN  INVESTMENT  BANK
1 The green purposes
2 Designation of the UK Green Investment Bank3 Alteration of the objects of the UK Green Investment Bank4 Financial assistance5 Accounts, reports and payments to directors6 Documents to be laid before Parliament
P
ART 2
EMPLOYMENT
Conciliation
7 Conciliation before institution of proceedings
8 Extension of limitation peri ods to allow for conciliation
9 Extended power to define “relevant proceedings” for conc iliation purposes
ACAS
10 ACAS: prohibition on disclosure of information
Procedure for deciding tribunal cases
11 Decisions by legal officers
12 Composition of Employment Appeal TribunalEnterprise and Regulatory Reform Act 2013 (c. 24) ii
Unfair dismissal
13 Dismissal for political opinions: no  qualifying period of employment
14 Confidentiality of negotiations before termination of employment15 Power by order to increase or de crease limit of compensatory award
Financial penalties
16 Power of employment tribunal to impo se financial penalty on employers etc
Protected disclosures
17 Disclosures not protected unless believed to be made  in the public interest
18 Power to reduce compensation where disclosure not made in good faith19 Worker subjected to detriment by co-worker or agent of employer20 Extension of meaning of “worker”
Miscellaneous
21 Tribunal procedure: miscellaneous
22 Indexation of amounts: timing and rounding23 Renaming of “compromise agreemen ts”, “compromise contracts” and
“compromises”
General
24 Transitional provision
P
ART 3
THE COMPETITION  AND  MARKETS  AUTHORITY
25 The Competition and Markets Authority
26 Abolition of the Competition Commission and the OFT27 Transfer schemes28 Transitional provision: consultation
P
ART 4
COMPETITION  REFORM
CHAPTER  1
MERGERS
Investigation powers
29 Investigation powers: mergers
Interim measures
30 Interim measures: pre- emptive action: mergers
31 Interim measures: financ ial penalties: mergersEnterprise and Regulatory Reform Act 2013 (c. 24) iii
Time-limits
32 Time-limits etc: mergers
CHAPTER  2
MARKETS
Cross-market investigations
33 Power of CMA to make cross-market references
34 Ministerial power to make cross-market references
Public interest interventions
35 Public interest interventions in markets investigations
Investigation powers
36 Investigation powers: markets
Interim measures
37 Interim measures: pre- emptive action: markets
Time-limits and procedure
38 Market studies and market investig ations: consultation and time-limits
CHAPTER  3
ANTI-TRUST
Investigation powers
39 Investigations: power to ask questions
40 Civil enforcement of investigation powers41 Extension of powers to issue warrants to CAT42 Part 1 of the 1998 Act: procedural matters
Interim measures and other sanctions
43 Threshold for interim measures
44 Penalties: guidance etc.
Miscellaneous
45 Power for Secretary of State to impo se time-limits on investigations etc.
46 Review of operation of Part 1 of 1998 Act
C
HAPTER  4
CARTELS
47 Cartel offenceEnterprise and Regulatory Reform Act 2013 (c. 24) iv
48 Extension of power to issue warrants to CAT
CHAPTER  5
MISCELLANEOUS
Enforcement orders: markets and mergers
49 Enforcement orders: monitoring comp liance and determination of disputes
50 Enforcement orders: provision of information
Concurrency
51 Powers of sectoral regulators
52 Power to remove concurrent competition functions of sectoral regulators53 Orders under section 52 : procedural requirements
Miscellaneous
54 Recovery of CMA’s costs in respect of price control references
55 Disclosure etc. of information: offences56 Review of certain provisions of Chapters 1 and 257 Minor and consequential amendments58 Interpretation
P
ART 5
REDUCTION  OF LEGISLATIVE  BURDENS
Sunset and review
59 Sunset and review provisions
Heritage planning etc
60 Listed buildings in England: agreemen ts and orders granti ng listed building
consent
61 Listed buildings in England:  certificates of lawfulness
62 Osborne estate63 Heritage planning regulation
Equality Acts
64 Commission for Equality and Human Rights
65 Equality Act 2010: third pa rty harassment of employees
66 Equality Act 2010: obtainin g information for proceedings
Regulatory Enforcement and Sanctions Act 2008
67 Primary authorities
68 Inspection plansEnterprise and Regulatory Reform Act 2013 (c. 24) v
Miscellaneous
69 Civil liability for breach of health and safety duties
70 Estate agency work71 Bankruptcy applications: de termination by adjudicators
72 Abolition of Agricultural Wage s Board and related English bodies
73 Unnecessary regulation: miscellaneous
P
ART 6
MISCELLANEOUS  AND  GENERAL
Copyright and rights in performances
74 Exploitation of design derived from artistic work
75 Penalties under provision amending exceptions: copyright and rights in
performances
76 Power to reduce duration of copyright in transitional cases
77 Licensing of copyright and performers’ rights78 Penalties under provision implementi ng Directive on term of protection
Payments to directors of quoted companies
79 Members’ approval of dire ctors’ remuneration policy
80 Restrictions on payments to directors81 Payments to directors: mino r and consequential amendments
82 Payments to directors: transitional provision
Redress schemes: lettings and property management agents
83 Redress schemes: lettings agency work
84 Redress schemes: property management work85 Orders under section 83 or 84: enforcement86 Sections 83 to 85: minor definitions87 Approval of redress schemes for the purposes of section 83 or 84
88 Redress schemes: supplemental
Supply of customer data
89 Supply of customer data
90 Supply of customer data: enforcement91 Supply of customer data: supplemental
Insolvency: protection of essential supplies
92 Power to add to supplies protected under Insolvency Act 1986
93 Corporate insolvency: power to give fu rther protection to essential supplies
94 Individual insolvency: power to give further protection to  essential supplies
95 Sections 93 and 94: supplemental
Royal Charters
96 Royal Charters: requirements for Parliamentary approvalEnterprise and Regulatory Reform Act 2013 (c. 24) vi
Caste as an aspect of race
97 Equality Act 2010: caste as an aspect of race
Equal pay audits
98 Power to provide for equal pay audits
General
99 Consequential amendments, repeals and revocations
100 Transitional, transitory or saving provision101 Financial provision102 Extent103 Commencement104 Short title
Schedule 1 — Conciliation: minor and consequential amendments
Schedule 2 — Extension of limitation  periods to allow for conciliation
Schedule 3 — Financial penalties: minor and consequential amendments
Schedule 4 — The Competition and Markets Authority
Part 1 — GeneralPart 2 — The CMA BoardPart 3 — The CMA panelPart 4 — Interpretation and transi tional and transitory provision
Schedule 5 — Amendments related to Part 3
Part 1 — Transfer of functions under the 1998 Act to the CMAPart 2 — Transfer of functions under the 2002 Act to the CMAPart 3 — Abolition of the Competition CommissionPart 4 — Abolition of the Office of Fair Trading
Schedule 6 — Regulatory appeals etc: minor and consequential amendments
Part 1 — Amendments to ActsPart 2 — Amendments to other enactments
Schedule 7 — Mergers: interim measuresSchedule 8 — Mergers: time-limitsSchedule 9 — Markets: cross-market references
Schedule 10 — Markets: public  interest interventions
Schedule 11 — Markets: investigation powersSchedule 12 — Markets: time-limitsSchedule 13 — Extension of powers to  issue warrants under the 1998 Act to
CAT
Schedule 14 — Regulators: use of powers under the 1998 ActSchedule 15 — Minor and conseq uential amendments: Part 4
Schedule 16 — Local listed build ing consent orders: procedure
Schedule 17 — Heritage planning regulationSchedule 18 — Adjudicators: bankruptcy applications by debtors and
bankruptcy orders
Schedule 19 — Adjudicators: minor and consequential amendmentsSchedule 20 — Abolition of Agricultur al Wages Board and related English
bodies: consequential provision
Schedule 21 — Unnecessary regulation: miscellaneousEnterprise and Regulatory Reform Act 2013 (c. 24) vii
Part 1 — Notification of TV sales etc
Part 2 — Water undert akers: in-area ban
Part 3 — Bankruptcy early discharge procedure
Schedule 22 — Licensing of copyright and performers’ rights
Part 1 — Regulation of licensing bodies
Part 2 — Performers’ rightsELIZABETH II c. 24
Enterprise and Regulatory Reform Act 
2013
2013 CHAPTER 24
An Act to make provision about the UK Green Investment Bank; to make
provision about employment law; to es tablish and make provision about the
Competition and Markets Authority and to abolish the Competition
Commission and the Office of Fair Tr ading; to amend the Competition Act
1998 and the Enterprise Act 2002; to make provision for the reduction of
legislative burdens; to make prov ision about copyright and rights in
performances; to make provision about payments to company directors; tomake provision about redress schemes re lating to lettings agency work and
property management work; to make pr ovision about the supply of customer
data; to make provision for the protec tion of essential supplies in cases of
insolvency; to make provision about certain bodies established by Royal
Charter; to amend section 9(5) of the Equality Act 2010; and for connected
purposes. [25th April 2013]
E IT ENACTED  by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Te mporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:— 
PART 1
UK G REEN  INVESTMENT  BANK
1 The green purposes
(1) The green purposes are—
(a) the reduction of greenhouse gas emissions;
(b) the advancement of efficiency in the use of natural resources;
(c) the protection or enhancement of the natural environment;BEnterprise and Regulatory Reform Act 2013 (c. 24)
Part 1 — UK Green Investment Bank2
(d) the protection or enha ncement of biodiversity;
(e) the promotion of environmental sustainability.
(2) In this Part, “greenhouse gas” has the meaning given by section 92(1) of the
Climate Change Act 2008.
2 Designation of the UK Green Investment Bank
(1) If the following three conditions are me t, the Secretary of State may by order
designate the UK Green Investment Bank for the purposes of sections 3 to 6.
(2) The first condition is that the Secretary of State is satisfied that the Bank’s
objects in its articles of association are such that, acting consistently with them,it would engage only in activities that involve, or are incidental or conducive
to, making, facilitating or encouraging investments that it considers likely tocontribute to the achievement of one or  more of the green purposes (whether
in the United Kingdom or elsewhere).
(3) The second condition is that the Secretary of State is satisfied that the Bank’s
objects in its articles of association are such that, acting consistently with them,its activities in making, facilitating or  encouraging investme nts in each relevant
p e r i o d  w o u l d  ( t a k e n  a s  a  w h o l e )  b e  s u c h  a s  t h e  B a n k  c o n s i d e r s  l i k e l y  t ocontribute to a reduction of global greenhouse gas emissions.
(4) In subsection (3), “relev ant period” means each financial year of the Bank taken
together with all of its preceding financial years.
(5) The third condition is that the Secretar y of State has laid before Parliament a
copy of an undertaking (the “opera tional independence undertaking”)
provided by the Secretary of State to the Bank for the purpose of facilitating the
Bank’s ability to act as its directors co nsider appropriate in the light of the
objects in its articles of association.
(6) An order may not be made under this se ction unless at the date on which it is
made the UK Green Investment Bank is wholly owned by the Crown.
(7) An order under this section may not be amended or revoked.
(8) An order under this section— 
(a) is to be made by statutory instrument, and
(b) is not to be made unless a draft of  the instrument has been laid before,
and approved by a resolution of, each House of Parliament.
(9) References in this Part to the UK Green Investment Bank are to the public
company limited by shares incorporated on 15 May 2012 with the companynumber SC424067 and with the name UK Green Investment Bank plc.
3 Alteration of the objects of the UK Green Investment Bank
(1) Where an order has been made under section 2, the UK Green Investment Bank
may not make any alteration to the object s in its articles of association unless—
( a ) t h e  a l t e r a t i o n  i s  m a d e  t o  g i v e  e f f e c t  t o  a n  o r d e r  o f  a  c o u r t  o r  o t h e r
authority having power to alter the Bank’s articles of association, or
(b) the making of the alteration has been approved by the Secretary of State
by order under this section.Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 1 — UK Green Investment Bank3
(2) The Secretary of State may not make an  order under this se ction approving the
making of an alteration unless the following two conditions are met.
(3) The first condition is that the Secretary of State is satisfied that, if the alteration
were made, the Bank’s objects in its articles of association would remain suchthat, acting consistently with them, it would engage only in activities thatinvolve, or are incidental or conducive to, making, facilitating or encouraging
investments that it consider s likely to contribute to the achievement of one or
more of the green purposes (whether in the United Kingdom or elsewhere).
(4) The second condition is that the Secretary of State is satisfied that, if the
alteration were made, the Bank’s objects in its articles of association wouldremain such that, acting consistently with them, its activities in making,
facilitating or encouraging investments in each relevant period (within themeaning given by section 2(4)) would (taken as a whole) be such as the Bankconsiders likely to contribute to a reduction of global greenhouse gas
emissions.
(5) An order under this section—
(a) is to be made by statutory instrument, and
(b) is not to be made unless a draft of  the instrument has been laid before,
and approved by a resolution of, each House of Parliament.
4 Financial assistance
(1) Where an order has been made under section 2, the Secretary of State may, with
the consent of the Treasu ry, give the UK Green Investment Bank financial
assistance at any time when the Crown’s shareholding in it is more than half ofits issued share capital.
(2) The financial assistance may be given in any form that the Secretary of State,
with the consent of the Trea sury, considers appropriate.
(3) It may in particular be given by way of—
(a) grants,
(b) loans,
(c) guarantees,
(d) the purchase of share capital of the Bank, or
(e) the transfer of assets or rights to the Bank.
(4) The financial assistance may be provid ed subject to such terms and conditions
as the Secretary of State, with th e consent of the Tr easury, considers
appropriate (including, in the case of a grant or a loan, conditions requiring
repayment or, in the case of a guarante e, conditions requiring reimbursement
of any sums paid under it).
(5) The Treasury may arrange for money to be paid out of the National Loans
Fund in order to enable loans to be made to the Bank under this section.
(6) Nothing in this section affects the exer cise of any power of the Treasury or the
Secretary of State to give financial assistance to the Bank otherwise than underthis section at a time when the Crown’ s shareholding in the Bank is not more
than half of its issued share capital.Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 1 — UK Green Investment Bank4
5 Accounts, reports and payments to directors
(1) Where an order has been made under section 2, the UK Green Investment Bank
is to be treated as being a quoted company within the meaning of section 385(2)of the Companies Act 2006 for the purp oses of the application to it of—
(a) Chapters 4 and 4A of Pa rt 10 of that Act, and
(b) Parts 15 and 16 of that Act (in respect of a financial year).
(2) Where an order has been made under section 2, each  report prepared by the
directors of the Bank for a financial year under section 415 of the Companies
Act 2006 must include—
(a) an explanation of the steps that the Bank took in that year to ensure that
its activities in making, facilitating  or encouraging investments in that
year and in any previous financial years would (taken as a whole) belikely to contribute to a reduction of global greenhouse gas emissions,
and
(b) a statement of the directors’ views on  the likely effect of those activities
in those years on global  greenhouse gas emissions.
6 Documents to be laid before Parliament
(1) Subsection (2) applies if—
(a) after an order has been made unde r section 2, copies of the UK Green
Investment Bank’s annual accounts and reports are, in accordance with
section 437 of the Companies Act 2006, laid before it in general meeting,
and
(b) as at the date of the meeting, the Crown holds shares in the Bank.
(2) The Secretary of State must, as soon as practicable after the meeting, lay a copy
of the annual accounts and reports before Parliament.
(3) Subsection (4) applies if—
(a) after an order has been made under section 2, the Secretary of State—
(i) makes a material alteration to the terms of the operational
independence undertaking referr ed to in subsection (5) of
section 2, or
(ii) revokes that undertaking, and
(b) as at the date of the alteration or revocation, the Crown’s shareholding
in the UK Green Investment Bank is more than half of its issued sharecapital.
(4) The Secretary of State must, as soon as  practicable after the date referred to in
subsection (3)(b)—
(a) in the case of an alteration, lay a copy of the revised undertaking before
Parliament;
(b) in the case of revocation of the undertaking, lay before Parliament a
statement reporting the revocation.Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 2 — Employment5
PART 2
EMPLOYMENT
Conciliation
7 Conciliation before ins titution of proceedings
(1) After section 18 of the Employment Tr ibunals Act 1996 (conciliation) insert—
“18A Requirement to contact ACAS  before instituting proceedings
(1) Before a person (“the prospective cl aimant”) presents an application to
institute relevant proceed ings relating to any matter, the prospective
claimant must provide to ACAS prescribed information, in the
prescribed manner, about that matter. 
This is subject to subsection (7).
(2) On receiving the pres cribed information in the prescribed manner,
ACAS shall send a copy of it to a conciliation officer.
(3) The conciliation officer shall, during the prescribed period, endeavour
to promote a settlement between th e persons who would be parties to
the proceedings.
(4) If—
(a) during the prescribed period th e conciliation officer concludes
that a settlement is not possible, or
(b) the prescribed period expires without a settlement having been
reached,
the conciliation officer shall issue a certificate to that effect, in the
prescribed manner, to th e prospective claimant.
(5) The conciliation officer may continue to endeavour to promote a
settlement after the expiry of the prescribed period.
(6) In subsections (3) to (5) “settlement” means a settlement that avoids
proceedings being instituted.
(7) A person may institute relevant  proceedings without complying with
the requirement in subsection  (1) in prescribed cases.
The cases that may be prescribed include (in particular)—
(a) cases where the requirement is complied with by another
person instituting re levant proceedings relating to the same
matter;
(b) cases where proceedings that are not relevant proceedings are
instituted by means of the same form as proceedings that are;
(c) cases where section 18B applies because ACAS has been
contacted by a person against whom relevant proceedings arebeing instituted.
(8) A person who is subject to the re quirement in subsection (1) may not
present an application to institut e relevant proceedings without a
certificate under subsection (4).Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 2 — Employment6
(9) Where a conciliation officer acts under this section in a case where the
prospective claimant has ceased to be employed by the employer and
the proposed proceedings are proceedings under section 111 of theEmployment Rights Act 1996, the conciliation officer may inparticular—
(a) seek to promote the reinstat ement or re-engagement of the
prospective claimant by the empl oyer, or by a successor of the
employer or by an associated employer, on terms appearing to
the conciliation officer to be equitable, or
(b) where the prospective claimant does not wish to be reinstated
or re-engaged, or where reinstatement or re-engagement is notpracticable, seek to promote ag reement between them as to a
sum by way of compensation to be  paid by the employer to the
prospective claimant.
(10) In subsections (1) to (7) “prescri bed” means prescribed in employment
tribunal procedure regulations.
(11) The Secretary of State may by  employment tribunal procedure
regulations make such further provis ion as appears to the Secretary of
State to be necessary or expedien t with respect to the conciliation
process provided for by subsections (1) to (8).
(12) Employment tribunal procedure regulations may (in particular) make
provision—
(a) authorising the Secretary of St ate to prescribe, or prescribe
requirements in relation to, any form which is required by such
regulations to be used for the purpose of providing information
to ACAS under subsection (1) or issuing a certificate undersubsection (4); 
(b) requiring ACAS to give a person any necessary assistance to
comply with the requirement in subsection (1);
(c) for the extension of the period  prescribed for the purposes of
subsection (3);
(d) treating the requirement in subs ection (1) as complied with, for
the purposes of any provision extending the time limit for
instituting relevant pr oceedings, by a person who is relieved of
that requirement by virt ue of subsection (7)(a).
18B Conciliation before institution of  proceedings: other ACAS duties
(1) This section applies where—
(a) a person contacts ACAS requesting the services of a conciliation
officer in relation to a matter that  (if not settled) is likely to give
rise to relevant proceedings against that person, and
(b) ACAS has not received info rmation from the prospective
claimant under section 18A(1).
(2) This section also applies where—
(a) a person contacts ACAS requesting the services of a conciliation
officer in relation to a matter that  (if not settled) is likely to give
rise to relevant proceedings by that person, and
(b) the requirement in section 18A (1) would apply to that person
but for section 18A(7).Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 2 — Employment7
(3) Where this section applies a co nciliation officer shall endeavour to
promote a settlement between the pe rsons who would be parties to the
proceedings.
(4) If at any time—
(a) the conciliation officer concludes that a settlement is not
possible, or
(b) a conciliation officer comes under the duty in section 18A(3) to
promote a settlement betwee n the persons who would be
parties to the proceedings,
the duty in subsection (3) ceases to apply at that time.
(5) In subsections (3) and (4) “settlement” means a settlement that avoids
proceedings being instituted.
(6) Subsection (9) of section 18A applie s for the purposes of this section as
it applies for the purposes of that section.” 
(2) Schedule 1 (conciliation: minor and consequential amendments) has effect.
8 Extension of limitation periods to allow for conciliation
Schedule 2 (extension of limitation peri ods to allow for conc iliation) has effect.
9 Extended power to define “relevan t proceedings” for conciliation purposes
(1) Section 18 of the Employment Tribunal s Act 1996 (conciliation) is amended as
follows.
(2) In subsection (8) (power of Secretary of State and Lord Chancellor to amend list
in subsection (1) of section 18), for paragraphs (a) and (b) substitute “amend the
definition of “relevant proceedings” in su bsection (1) by adding to or removing
from the list in that subsection pa rticular types of employment tribunal
proceedings.”
(3) After subsection (8) insert—
“(9) An order under subsection (8 ) that adds employment tribunal
proceedings to the list in subsection (1) may amend an enactment so asto extend the time limit for institut ing those proceedings in such a way
as appears necessary or expedient in  order to facilitate the conciliation
process provided for by section 18A.
(10) An order under subsection (8) that removes employment tribunal
proceedings from the list in subsection (1) may— 
(a) repeal or revoke any provision of an enactment that, for the
purpose mentioned in subsection (9), extends the time limit for
instituting those proceedings;
(b) make further amendments which are consequential on that
repeal or revocation.”
ACAS
10 ACAS: prohibition on disclosure of information
In Part 6 of the Trade Union and Labo ur Relations (Consolidation) Act 1992Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 2 — Employment8
(ACAS etc), after section 251A insert—
“251B Prohibition on disclosure of information
(1) Information held by ACAS shall no t be disclosed if the information— 
(a) relates to a worker, an employer of a worker or a trade union (a
“relevant person”), and
(b) is held by ACAS in connection with the provision of a service by
ACAS or its officers.
This is subject to subsection (2).
(2) Subsection (1) does not prohibit the disclosure of information if—
(a) the disclosure is made for the purpose of enabling or assisting
ACAS to carry out any of its functions under this Act,
(b) the disclosure is made for the purpose of enabling or assisting
an officer of ACAS to carry ou t the functions of a conciliation
officer under any enactment,
(c) the disclosure is made for the purpose of enabling or assisting—
(i) a person appointed by ACAS under section 210(2), or
(ii) an arbitrator or arbiter appointed by ACAS under any
enactment,
to carry out functions spec ified in the appointment,
(d) the disclosure is made for the purposes of a criminal
investigation or criminal proc eedings (whether or not within
the United Kingdom),
(e) the disclosure is made in or der to comply with a court order,
(f) the disclosure is made in a manner that ensures that no relevant
person to whom the information relates can be identified, or
(g) the disclosure is made with the consent of each relevant person
to whom the information relates.
(3) Subsection (2) does not authorise the making of a disclosure which
contravenes the Data Protection Act 1998.
(4) A person who discloses information in contravention of this section
commits an offence and is liable on summary conviction to a fine notexceeding level 5 on the standard scale.
(5) Proceedings in England and Wales for an offence under this section
may be instituted only with the consent of the Director of Public
Prosecutions.
(6) For the purposes of this section information held by— 
(a) a person appointed by ACAS under section 210(2) in connection
with functions specified in the appointment, or
(b) an arbitrator or arbiter appointed by ACAS under any
enactment in connection with functions specified in theappointment, 
is information that is held by ACAS  in connection with the provision of
a service by ACAS.”Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 2 — Employment9
Procedure for deciding tribunal cases
11 Decisions by legal officers
(1) In section 4 of the Employment Tribunal s Act 1996 (composition of a tribunal),
after subsection (6C) insert—
“(6D) A person appointed as a legal o fficer in accordance with regulations
under section 1(1) may determine pr oceedings in respect of which an
employment tribunal has jurisdiction , or make a decision falling to be
made in the course of such proceedings, if—
(a) the proceedings are of a descri ption specified in an order under
this subsection made by the Secretary of State and the Lord
Chancellor acting jointly, and
(b) all the parties to the pr oceedings consent in writing;
and any determination or decision ma de under this su bsection shall be
treated as made by an  employment tribunal.”
(2) In section 41(2) of that Act (order s etc subject to affirmative resolution
procedure), after “section 4(4)” insert “or (6D)”.
12 Composition of Employment Appeal Tribunal
(1) The Employment Tribunals Act 1996 is amended as set out in subsections (2)
to (4).
(2) In section 28 (composition of Appeal Tribunal), for subsections (2) to (4A)
substitute—
“(2) Proceedings before the Appeal Tribunal are to be heard by a judge
alone.
This is subject to subsections (3) to (6) and to any provision made by
virtue of section 30(2)(f) or (2A).
(3) A judge may direct that proceedin gs are to be heard by a judge and
either two or four appointed members.
(4) A judge may, with the consent of th e parties, direct that proceedings are
to be heard by a judge and either  one or three appointed members.
(5) The Lord Chancellor may by or der provide for proceedings of a
description specified in the order to be heard by a judge and either two
or four appointed members.
(6) In proceedings heard by a judge and two or four appointed members,
there shall be an equal number of—
(a) employer-representative members, and
(b) worker-representative members.
(7) In this section—
“employer-representative members” means appointed members
whose knowledge or ex perience of industrial relations is as
representatives of employers;
“worker-representative member s” means appointed members
whose knowledge or ex perience of industrial relations is as
representatives of workers.”Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 2 — Employment10
(3) In section 30 (Appeal Tribunal proced ure rules), in subsec tion (2)(f) (provision
for dealing with interlocutory matters), for the words from “otherwise” to the
end substitute “by an officer of the Appeal Tribunal”.
(4) In section 41(2) (orders etc subject to affirmative resolution procedure), before
“or 40” insert “, 28(5)”.
(5) In consequence of the amendment made by subsection (2), omit paragraph 46
of Schedule 8 to the Tribunals, Courts and Enforcement Act 2007.
Unfair dismissal
13 Dismissal for political opinions: no qualifying period of employment
In section 108 of the Employment Rights Act 1996 (qualifying period of
employment), after su bsection (3) insert—
“(4) Subsection (1) does not apply if the reason (or, if more than one, the
principal reason) for the dismissal is, or relates to, the employee’spolitical opinions or affiliation.”
14 Confidentiality of negotiations be fore termination of employment
After section 111 of the Employ ment Rights Act 1996 insert—
“111A Confidentiality of negotiations before terminati on of employment
(1) Evidence of pre-termination nego tiations is inadmissible in any
proceedings on a complaint under section 111.
This is subject to subsections (3) to (5).
(2) In subsection (1) “pre-termination  negotiations” means any offer made
or discussions held, before the termination of the employment inquestion, with a view to it being terminated on terms agreed betweenthe employer and the employee.
(3) Subsection (1) does not apply wher e, according to the complainant’s
case, the circumstances are such that a provision (whenever made)contained in, or made under, this or any other Act requires thecomplainant to be regarded for the purposes of this Part as unfairly
dismissed.
(4) In relation to anything said or do ne which in the tribunal’s opinion was
improper, or was connected with im proper behaviour, subsection (1)
applies only to the extent that  the tribunal considers just.
(5) Subsection (1) does not affect the admissibility, on any question as to
costs or expenses, of evidence relating to an offer made on the basis thatthe right to refer to it on an y such question is reserved.”
15 Power by order to increase or decrease limit of compensatory award
(1) The Secretary of State may by orde r made by statutory instrument amend
section 124 of the Employment Rights Act 1996 (limit of compensatory awardetc) so as to vary the limit imposed for the time being by subsection (1) of thatsection.Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 2 — Employment11
(2) The limit as so varied may be—
(a) a specified amount, or
(b) the lower of—
(i) a specified amount, and
(ii) a specified number multiplied by  a week’s pay of the individual
concerned.
(3) Different amounts may be specified by virtue of subsection (2)(a) or (b)(i) in
relation to employers of different descriptions.
(4) An amount specified by virtue  of subsection (2)(a) or (b)(i)—
(a) may not be less than median annual earnings;
(b) may not be more than three times median annual earnings.
(5) A number specified by virtue of subsec tion (2)(b)(ii) may not be less than 52.
(6) An order under this section may make consequential, supplemental,
transitional, transitory or saving provision.
(7) The consequential provision that may be made under subsection (6) includes
provision inserting a refere nce to section 124 of the Employment Rights Act
1996 in section 226(3) of that Act (w eek’s pay: calculation date in unfair
dismissal cases).
(8) A statutory instrument containing an order under this section is not to be made
unless a draft of the instrument has been  laid before each House of Parliament
and approved by a reso lution of each House.
(9) In this section “median annual earnings” means—
(a) the latest figure for median gr oss annual earnings of full-time
employees in the United Kingdom pu blished by the Statistics Board
(disregarding any provisional figures), or
(b) if that figure was publ ished by the Statistics Bo ard more than two years
before the laying of the draft of th e statutory instrument in question, an
estimate of the current amount of such earnings worked out in
whatever way the Secretary of State thinks fit.
(10) In section 34 of the Employment Relations Act 1999 (indexation of amounts
etc), after subsection (4) insert—
“(4A) A reference in this section to a sum specified in section 124(1) of the
Employment Rights Act 1996 does not include anything specified byvirtue of section 15(2)(b)(ii) of th e Enterprise and Regulatory Reform
Act 2013 (specified number multiplied by a week’s pay of theindividual concerned).
(4B) As regards a sum specified in section 124(1) of the Employment Rights
Act 1996, the duty under subsection (2) to make  an order with effect
from 6 April in a particular year does not arise where an order varyingsuch a sum with effect from a day within 12 months before that date hasbeen made under section 15(1) of  the Enterprise and Regulatory
Reform Act 2013.”Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 2 — Employment12
Financial penalties
16 Power of employment tribunal to impo se financial penalty on employers etc
(1) After section 12 of the Employment Tribunals Act 1996 insert—
“Financial penalties
12A Financial penalties
(1) Where an employment tribunal determining a claim involving an
employer and a worker—
(a) concludes that the employer has breached any of the worker’s
rights to which the claim relates, and
(b) is of the opinion that the breach has one or more aggravating
features,
the tribunal may order th e employer to pay a penalty to the Secretary
of State (whether or not it also makes a financial award against theemployer on the claim).
(2) The tribunal shall have regard to an employer’s ability to pay—
(a) in deciding whether to order the employer to pay a penalty
under this section;
(b) (subject to subsections (3) to (7)) in deciding the amount of a
penalty.
(3) The amount of a penalty under this section shall be—
(a) at least £100;
(b) no more than £5,000.
This subsection does not apply wh ere subsection (5) or (7) applies.
(4) Subsection (5) applies wher e an employment tribunal—
(a) makes a financial award against an employer on a claim, and
(b) also orders the employer to pa y a penalty under this section in
respect of the claim.
(5) In such a case, the amou nt of the penalty under th is section shall be 50%
of the amount of the award, except that—
(a) if the amount of the financial award is less than £200, the
amount of the penalty shall be £100;
(b) if the amount of the financial award is more than £10,000, the
amount of the penalty shall be £5,000.
(6) Subsection (7) applies, instead of subsection (5), where an employment
tribunal—
(a) considers together two or more claims involving different
workers but the same employer, and
(b) orders the employer to pay a penalty under this section in
respect of any of those claims.
(7) In such a case—
(a) the amount of the penalties in total shall be at least £100;
(b) the amount of a penalty in re spect of a particular claim shall
be—Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 2 — Employment13
(i) no more than £5,000, and
(ii) where the tribunal makes a financial award against the
employer on the claim, no more than 50% of the amountof the award.
But where the tribunal makes a fina ncial award on any of the claims
and the amount awarded is less than £200 in total, the amount of thepenalties in total shall be £100 (and paragraphs (a) and (b) shall notapply).
(8) Two or more claims in respect of the same act and the same worker
shall be treated as a single claim for the purposes of this section.
(9) Subsection (5) or (7) does not require or permit an order under
subsection (1) (or a failure to make such an order) to be reviewed wherethe tribunal subsequently awards compensation under—
(a) section 140(3) of the Trade Union and Labour Relations
(Consolidation) Act 1992 (failure  to comply with tribunal’s
recommendation),
(b) section 117 of the Employment Rights Act 1996 (failure to
reinstate etc.),
(c) section 124(7) of the Equality Act 2010 (failure to comply with
tribunal’s recommendation), or
(d) any other provision empowering the tribunal to award
compensation, or further compensation, for a failure to comply(or to comply fully) with an or der or recommendation of the
tribunal.
(10) An employer’s liability to pa y a penalty under this section is
discharged if 50% of the amount of the penalty is paid no later than 21days after the day on whic h notice of the decision to impose the penalty
is sent to the employer.
(11) In this section—
“claim”—
(a) means anything that is referred to in the relevant
legislation as a claim, a complaint or a reference, otherthan a reference made by virtue of section 122(2) or128(2) of the Equality Act 2010 (reference by court ofquestion about a non-discri mination or equality rule
etc), and
(b) also includes an application, under regulations made
under section 45 of the Employment Act 2002, for adeclaration that a person is a permanent employee;
“employer” has the same meaning as in Part 4A of the
Employment Rights Act 1996, and also—
(a) in relation to an individual seeking to be employed by a
person as a worker, includes that person;
(b) in relation to a right conferred by section 47A or 63A of
the Employment Rights Act 19 96 (right to time off for
young person for study or training), includes theprincipal within the meaning of section 63A(3) of thatAct;
(c) in relation to a right conferred by the Agency Workers
Regulations 2010 (S.I. 2010/93), includes the hirerEnterprise and Regulatory Reform Act 2013 (c. 24)
Part 2 — Employment14
within the meaning of those Regulations and (where the
worker is not actually employed by the temporarywork agency) the temporary work agency within thatmeaning;
“financial award” means an award of a sum of money, but does
not including anything payable by virtue of section 13;
“worker” has the same meaning as in Part 4A of the Employment
Rights Act 1996, and also includes an individual seeking to beemployed by a person as a worker.
(12) The Secretary of State may by order—
(a) amend subsection (3), (5) or  (7) by substituting a different
amount;
(b) amend subsection (5 ), (7) or (10) by substituting a different
percentage;
(c) amend this section so as to alter the meaning of “claim”.
(13) The Secretary of State shall pay su ms received under this section into
the Consolidated Fund.”
(2) Schedule 3 (financial penalties: mi nor and consequential amendments) has
effect.
Protected disclosures
17 Disclosures not protected unless believe d to be made in the public interest
In section 43B of the Employment Rights Act 1996 (disclosures qualifying for
protection), in subsection (1), after “in the reasonable belief of the workermaking the disclosure,” insert “is made in the public interest and”.
18 Power to reduce compensation where disclosure not made in good faith
(1) Omit the words “in good fa ith” in the following provisions of Part 4A of the
Employment Rights Act 1996 (protected disclosures)—
(a) subsection (1) of section 43C (d isclosure to employer or other
responsible person);
(b) paragraph (b) of section 43E (dis closure to Minister of the Crown);
(c) subsection (1)(a) of section 43F (disclosure to prescribed person).
(2) In section 43G of that Act (disclosur e in other cases), in subsection (1)—
(a) omit paragraph (a);
(b) in paragraph (b), for “he”  substitute “the worker”.
(3) In section 43H of that Act (disclosure of exceptio nally serious failure), in
subsection (1)—
(a) omit paragraph (a);
(b) in paragraph (b), for “he”  substitute “the worker”.
(4) In section 49 of that Act (remedies fo r detriment suffered in employment), after
subsection (6) insert—
“(6A) Where—
(a) the complaint is made under section 48(1A), andEnterprise and Regulatory Reform Act 2013 (c. 24)
Part 2 — Employment15
(b) it appears to the tr ibunal that the protected disclosure was not
made in good faith,
the tribunal may, if it considers it just and equi table in all the
circumstances to do so, reduce any award it makes to the worker by nomore than 25%.”
(5) In section 123 of that Act (compensat ory award for unfair dismissal), after
subsection (6) insert—
“(6A) Where—
(a) the reason (or principal reason ) for the dismissal is that the
complainant made a protected disclosure, and
(b) it appears to the tribunal that  the disclosure was not made in
good faith,
the tribunal may, if it considers it just and equi table in all the
circumstances to do so, reduce any award it makes to the complainantby no more than 25%.”
19 Worker subjected to detriment by co-worker or agent of employer
(1) In section 47B of the Employment Rights  Act 1996 (protected disclosures), after
subsection (1) insert—
“(1A) A worker (“W”) has the right not to be subjected to any detriment by
any act, or any deliberate failure to act, done—
(a) by another worker of W’s employ er in the course of that other
worker’s employment, or
(b) by an agent of W’s employer with the employer’s authority,
on the ground that W has made a protected disclosure.
(1B) Where a worker is subjected to  detriment by anything done as
mentioned in subsection (1A), that th ing is treated as also done by the
worker’s employer.
(1C) For the purposes of subsection (1B) , it is immaterial whether the thing
is done with the knowledge or a pproval of the worker’s employer.
(1D) In proceedings against W’s employer  in respect of anything alleged to
have been done as mentioned in subs ection (1A)(a), it  is a defence for
the employer to show that the empl oyer took all reasonable steps to
prevent the other worker—
(a) from doing that thing, or
(b) from doing anything of that description.
(1E) A worker or agent of W’s employer is not liable  by reason of subsection
(1A) for doing something that subjects W to detriment if—
(a) the worker or agent does that thing in reliance on a statement by
the employer that doing it does  not contravene this Act, and
(b) it is reasonable for the worker or agent to rely on the statement.
But this does not preven t the employer from bein g liable by reason of
subsection (1B).”
(2) In section 48 of that Act (complaints to employment tribunals), in subsection
(5)—Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 2 — Employment16
(a) for “includes, where”  substitute “includes—
(a) where”;
(b) at the end insert—
“(b) in the case of proceedings against a worker or agent
under section 47B(1A), the worker or agent.”
20 Extension of meaning of “worker”
(1) Section 43K of the Employment Righ ts Act 1996 (extension of meaning of
“worker”) is amended as set ou t in subsections (2) to (7).
(2) In subsection (1)(ba)—
(a) for “section 84 or 100 of” substitute “section 83(2), 84, 92, 100, 107,
115(4), 117 or 134 of, or Schedule 12 to,”;
(b) for “section 42 or 57 of” substitute “section 41(2)(b), 42, 50, 57, 64 or 92
of, or Schedule 7 to,”;
(c) omit the words after “the National  Health Service (Wales) Act 2006”.
(3) In subsection (1)(bb), after “s ection 17J” insert “or 17Q”.
(4) In subsection (1)(c)—
(a) for the words before “in accordance with arrangements” substitute
“works or worked as a pe rson providing services”;
(b) in sub-paragraph (ii), after “s ection” insert “2C, 17AA, 17C,”.
(5) Omit subsection (1)(ca)  and the preceding “or”.
(6) Omit subsection (2)(ba).(7) After subsection (3) insert—
“(4) The Secretary of State may by orde r make amendments to this section
as to what individuals count as “wor kers” for the purposes of this Part
(despite not being within the definition in section 230(3)).
(5) An order under subsec tion (4) may not make an amendment that has
the effect of removing a category of  individual unless  the Secretary of
State is satisfied that there are no longer any individuals in thatcategory.”
(8) In section 236(3) of that Act (orders etc subject to affirmative resolution
procedure), after “shall be made under section” insert “43K(4),”.”
(9) In consequence of the amendments ma de by subsections (5) and (6), omit
paragraph 7(a)(ii) and (b) of the Schedule to the Smoking, Health and SocialCare (Scotland) Act 2005 (Consequential Modifications) (England, Wales andNorthern Ireland) Order 2006 (S.I. 2006/1056).
(10) Until the coming into force of the repeal (made by Schedule 3 to the Smoking,
Health and Social Care (Scotland) Act 2005 (asp 13)) of sections 27 to 28 of theNational Health Service (Scotland) Act 1978 (“the 1978 Act”), section
43K(1)(c)(ii) of the Employment Rights Ac t 1996 has effect as if it included a
reference to section 27A of the 1978 Act.Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 2 — Employment17
Miscellaneous
21 Tribunal procedure: miscellaneous
(1) The Employment Tribunals Act 1996 is amended as follows.
(2) In section 9 (pre-hearing reviews and preliminary matters), in subsection (2)
(deposit orders), in paragraph (a)—
(a) omit “, if he wishes to continue to participate in those proceedings,”;
(b) after “an amount not exceeding £1,000” insert “as a condition of—
(i) continuing to particip ate in those proceedings,
or
(ii) pursuing any specified allegations or
arguments”.
(3) In section 13A (payments in respect of preparation time)—
(a) in subsection (3), after “shall also” insert “, subject to subsection (4),”;
(b) after subsection (3) insert—
“(4) Subsection (3) does not requ ire the regulations to include
provision to prevent an employ ment tribunal from making— 
(a) an order of the kind mentioned in subsection (1), and
(b) an award of the kind ment ioned in section 13(1)(a) that
is limited to witnesses’ expenses.”
(4) In section 42 (interpretation), in su bsection (1), after the definition of
“employment tribunal procedure regulations” insert—
““representative” shall be construed in accordance with section
6(1) (in Part 1) or section 29(1) (in Part 2),”.
22 Indexation of amounts: timing and rounding
(1) Section 34 of the Employ ment Relations Act 1999 (indexation of amounts, etc)
is amended as follows.
(2) In subsection (2)—
(a) omit “as soon as practicable”;
(b) at the end insert “, with effe ct from the following 6th April”.
(3) In subsection (3),  for the words after “the Secret ary of State shall” substitute
“round the result to the nearest whole po und, taking 50p as nearest to the next
whole pound above”.
23 Renaming of “compromise agreements”, “compromise contracts” and 
“compromises”
(1) In the following provisions, for “compr omise” (in each place where it occurs)
substitute “settlement”—
(a) section 288(2A) and (2B) of the Trade Union and Labour Relations
(Consolidation) Act 1992 (restr iction on cont racting out);
(b) section 203(2)(f) and (3) of the Employment Rights Act 1996
(restrictions on contracting out);
(c) section 58(4) and (5) of the Pe nsions Act 2008 (restrictions on
agreements to limit operation of Part 1).Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 2 — Employment18
(2) In section 19A of the Employment Tribunals Act 1996 (conciliation: recovery of
sums payable under compromises)—
(a) in subsections (1), (3), (4), (5) an d (6), for “compromise” (in each place
where it occurs) subs titute “settlement”;
(b) in subsection (12)—
(i) for “compromise” (in the first two places it occurs) substitute
“settlement”;
(ii) omit “, or compromise,”;
(c) in the heading, for “compromises” substitute “settlements”.
(3) In section 49 of the National Minimum Wage Act 1998 (restrictions on
contracting out)— 
(a) in subsections (3) and (4), for “c ompromise” (in each place where it
occurs) substitute “settlement”;
(b) after subsection (8) insert—
“(8A) In the application of this section in relation to Northern Ireland,
subsections (3) and (4) above sh all have effect as if for
“settlement agreements” (in each place) there were substituted“compromise agreements.”
(4) In section 28 of the Equality Act 2006 (legal assistance), in subsection (11), for
“compromise contract or agreement” substitute “settlement agreement”.
(5) In section 144 of the Equality Act 2010 (c ontracting out), in subsection (4)(b), for
“compromise contract” substitute “settlement agreement”.
(6) In section 147 of that Act (meaning of “qualifying compromise contract”), in
subsections (2) and (5) and in the heading, for “compromise contract”
substitute “settlement agreement”.
General
24 Transitional provision
(1) Section 10 does not apply in relati on to a disclosure, or a request for
information, made before that section comes into force.
(2) Section 12 does not apply in relation to proceedings that are in the process of
being heard by the Employment Appeal Tribunal when that section comes intoforce.
(3) Section 13 does not apply where the effe ctive date of termination of the contract
of employment in question is earlier th an the date on which that section comes
into force.
“Effective date of termination” here has the meaning given by section 97(1) of
the Employment Rights Act 1996.
(4) Section 14 does not apply to any offe r made or discussions held before the
commencement of that section.
(5) Section 16 does not apply in relation  to any claim presented before the end of
the sixth month after the day on whic h this Act is passed (or before the
commencement of that section).Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 2 — Employment19
(6) Section 17, 18, 19 or 20 does not apply to a qualifying disclosure made before
the section comes into force.
“Qualifying disclosure” here has the meaning given by section 43B of the
Employment Rights Act 1996.
PART 3
THE COMPETITION  AND  MARKETS  AUTHORITY
25 The Competition and Markets Authority
(1) There is to be a body corporate known as the Competition and Markets
Authority.
(2) In this Part that body is referred to as “the CMA”.
(3) The CMA must seek to promote competition, both within and outside the
United Kingdom, for the benefit of consumers.
(4) Schedule 4 (which makes provis ion about the CMA) has effect.
26 Abolition of the Competition Commission and the OFT
(1) The Competition Commission is abolished.
(2) The Office of Fair Trading is abolished.
(3) Schedule 5 (which amends the Compet ition Act 1998 and the Enterprise Act
2002 to make provision for the trans fer of certain functions from the
Competition Commission and the Office of Fair Trading to the CMA and tomake other minor and consequential amendments) has effect.
(4) Schedule 6 (which amends other enactm ents to make provision for the transfer
of certain functions from the Competit ion Commission and the Office of Fair
Trading to the CMA) has effect.
27 Transfer schemes
(1) The Secretary of State may make one or more transfer schemes in connection
with—
(a) the establishment of the CMA under this Act,
(b) the transfer of functions under or  by virtue of this Act from the
Competition Commission or the Office of Fair Trading to the CMA, or
(c) the abolition of that Commission  or that Office under this Act.
(2) A transfer scheme is a scheme for the transfer of property, rights and liabilities
of the Competition Commission or the Office of Fair Trading to—
(a) the CMA, or
(b) a Minister of the Crown (as defined by section 8 of the Ministers of the
Crown Act 1975).
(3) The things that may be transferr ed under a transfer scheme include—
(a) property, rights and liabilities th at could not otherwise be transferred;
(b) property acquired, and rights and li abilities arising, after the making of
the scheme.Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 3 — The Competition and Markets Authority20
(4) A transfer scheme may make consequential, supplementary, incidental or
transitional provision and may in particular—
(a) create rights, or impose liabilities,  in relation to property or rights
transferred;
(b) make provision about the continuing  e f f e c t  o f  t h i n g s  d o n e  b y  t h e
transferor in respect of anything transferred;
(c) make provision about the continua tion of things (including legal
proceedings) in the proces s of being done by, on behalf of, or in relation
to the transferor in respec t of anything transferred;
(d) make provision for references to the transferor in an instrument or
other document in respect of anything transferred to be treated asreferences to the transferee;
(e) make provision for the shared ownership or use of property;
(f) make provision that is the same as  or similar to the TUPE regulations.
(5) A transfer scheme may provide—
(a) for the scheme to be modified by agreement after it comes into effect;
(b) for modifications to have effect from the date when the scheme first
came into effect.
(6) For the purposes of this section—
(a) an individual who holds employment in the civil se rvice is to be treated
as employed by virtue of a contract of employment, and
(b) the terms of the individual’s empl oyment in the civil service are to be
regarded as constituting the term s of the contract of employment.
(7) In this section—
“civil service” means the ci vil service of the State;
“TUPE regulations” means the Transf er of Undertakings (Protection of
Employment) Regulations 2006 (SI 2006/246);
references to rights and liabilities in clude rights and liabilities relating to
a contract of employment;
references to the transfer of property include references to the grant of a
lease.
28 Transitional provision: consultation
(1) This section applies in relation to a pr ovision of this Act under or by virtue of
which the CMA has a function of consulti ng another person in preparing rules,
statements of policy, guidance or general advice or information. 
(2) At any time before the provision comes in to force, the Office of Fair Trading or
the Competition Commission or both bodies acting jointly—
(a) may carry out any consultation that the CMA would have power to
carry out after the provision comes into force, and
(b) for that purpose, may prepare drafts of any documents to which the
consultation relates.
(3) At any time after the provision comes into force, the CMA may elect to treat
any consultation carried out or other th ing done under subs ection (2) by the
Office of Fair Trading or the Compet ition Commission (or by both bodies
acting jointly) as carried out or done by the CMA.Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 3 — The Competition and Markets Authority21
(4) The Secretary of State ma y direct the Office of Fair  Trading or the Competition
Commission, or both of them acting jo intly, to exercise a power conferred by
subsection (2).
PART 4
COMPETITION  REFORM
CHAPTER  1
MERGERS
Investigation powers
29 Investigation powers: mergers
(1) Section 109 of the Enterprise Act 2002 (“the 2002 Act”) (investigation powers in
connection with attendance of witn esses etc.) is amended as follows.
(2) Before subsection (1) insert—
“(A1) For the purposes of this sect ion, the permitted purposes are the
following—
(a) assisting the CMA in carrying  out any functions, including
enforcement functions, exercisabl e by it under or by virtue of
t h i s  P a r t  i n  c o n n e c t i o n  w i t h  a  matter that is or has been the
subject of a reference or possible reference under section 22 or33;
(b) assisting the CMA or the Secretar y of State in carrying out any
functions, including enforcement functions, of the CMA or (as
the case may be) the Secretary of State under or by virtue of this
Part in connection with a matter that is or has been the subject
of a reference or possible refe rence under section 45 or 62.”
(3) In subsection (1), for the words from  the beginning to “under this Part,”
substitute “The CMA may, for a permitted purpose,”.
(4) In subsection (2), for the words from  the beginning to “under this Part,”
substitute “The CMA may, for a permitted purpose,”.
(5) In subsection (3), for the words from  the beginning to “under this Part,”
substitute “The CMA may, for a permitted purpose,”.
(6) In subsection (4), after “shall” insert “—
(a) specify the permitted purpose for which the notice is given,
including the function or functions in question; and 
(b) ”.
(7) In subsection (5), for the words from  the beginning to “under this Part,”
substitute “The CMA, or any person nominated by it for the purpose, may fora permitted purpose”.
(8) In subsection (6), for the words from “f or the purpose of” to “under this Part”
substitute “for a permitted purpose”.Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 4 — Competition Reform
Chapter 1 — Mergers22
(9) After subsection (8) insert—
“(8A) In subsection (A1), “enf orcement functions” means—
(a) in relation to the CMA—
(i) functions conferred by virtue of section 87 on the CMA
by enforcement orders;
(ii) functions of the CMA in relation to the variation,
supersession or release of enforcement undertakings orthe variation or revocation of enforcement orders;
(iii) functions of the CMA under or by virtue of section 75,
76, 83 or 92 in relation to enforcement undertakings orenforcement orders;
(b) in relation to the Secretary of State—
( i ) f u n c t i o n s  c o n f e r r e d  b y  v i r t u e  o f  s e c t i o n  8 7  o n  t h e
Secretary of State by enforcement orders;
(ii) functions of the Secretary of State in relation to the
variation, supersession or  release of enforcement
undertakings or the vari ation or revocation of
enforcement orders;
(iii) functions of the Secretary of State under or by virtue of
paragraph 5, 6 or 10 of Schedule 7 in relation toenforcement undertakings or enforcement orders.”
(10) In section 110 (enforcement of powers under section 109: general), omit
subsection (4).
(11) After section 110 insert—
“110A Restriction on powers to impose penalties under section 110 
(1) No penalty shall be imposed by virt ue of section 110(1) or (3) if more
than 4 weeks have passed since the da y which is the relevant day in the
case in question; but this  subsection shall not a pply in relation to any
variation or substitution of the pena lty which is permitted by virtue of
this Part.
(2) In the following provisions of th is section, “the section 109 power”
means the power under section 109 to which the failure or (as the casemay be) the obstruction or delay in question relates.
(3) Where the section 109 power is exercised in connection with an
enforcement function (within the mean ing of that section), the relevant
day is the day when the enforc ement undertaking concerned is
superseded or released or (as the case may be) the enforcement order
concerned is revoked.
(4) Except where subsecti on (3) applies, the re levant day is the day
determined in accordance with the fo llowing provisions of this section. 
(5) Where the section 109 power is ex ercised for the purpose mentioned in
section 109(A1)(a) in connection with  a matter that is the subject of a
possible reference under section 22 or 33, the relevant  day is the day
when the CMA finally decides whether to make the reference.
(6) Where the section 109 power is ex ercised for the purpose mentioned in
section 109(A1)(a) in connection with  a matter that is the subject of aEnterprise and Regulatory Reform Act 2013 (c. 24)
Part 4 — Competition Reform
Chapter 1 — Mergers23
reference under section 22 or 33, th e relevant day is the day when the
reference is finally determined (see section 79).
(7) Where the section 109 power is ex ercised for the purpose mentioned in
section 109(A1)(b) in conn ection with a matter that is the subject of a
possible reference under section 45 or 62, the relevant  day is the day
when the Secretary of State fina lly decides whether to make the
reference.
(8) Where the section 109 power is ex ercised for the purpose mentioned in
section 109(A1)(b) in conn ection with a matter that is the subject of a
reference under section 45 or 62, th e relevant day is the day when the
reference is finally determined.
110B  Section 110A: supplementary provision
(1) For the purpose of section 110A(5), the CMA finally decides whether to
make a reference under section 22 or 33 if—
(a) the CMA decides that the duty to make such a reference applies;
(b) the CMA accepts an unde rtaking under section 73;
(c) the CMA decides not to make such a reference (otherwise than
because it has accepted an undertaking under section 73);
(d) the initial period for the pu rposes of section 34ZA expires
without the CMA having comp lied with the duty under
subsection (1) of that section;
(e) the preliminary assessment period for the purposes of section
34A expires without the CMA ha ving complied with the duty
under subsection (2) of that section;
(f) the period permitted by section 73A for the CMA to make a
decision required by subsection  (2)(a) or (3) of  that section
expires without the CMA ha ving made the decision.
(2) For the purpose of section 110A (5), the time when the CMA finally
decides whether to make a reference under section 22 or 33 is—
(a) in a case falling within subsec tion (1)(a), the making of the
decision that the duty to make such a reference applies;
(b) in a case falling within subsecti on (1)(b), the acceptance of the
undertaking;
(c) in a case falling within subsec tion (1)(c), the making of the
decision not to make the reference;
(d) in a case falling within  subsection (1)(d), the expiry of the initial
period;
(e) in a case falling within subsec tion (1)(e), the expiry of the
preliminary assessment period;
(f) in a case falling with in subsection (1)(f), the expiry of the period
in question. 
(3) For the purpose of section 110A(7), the Secretary of State finally decides
whether to make a reference under section 45 or 62 if—
(a) the Secretary of State makes such a reference;
(b) the Secretary of State accept s an undertaking under paragraph
3 of Schedule 7;
(c) the Secretary of State decide s not to make such a reference
(otherwise than because of th e acceptance of an undertaking
under paragraph 3 of Schedule 7);Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 4 — Competition Reform
Chapter 1 — Mergers24
(d) the preliminary assessment period for the purposes of section
46A expires without the CMA ha ving complied with the duty
under subsection (2) of that section.
(4) For the purpose of section 110A(7), the time when the Secretary of State
finally decides whether to make a reference under section 45 or 62 is—
(a) in a case falling within subsec tion (3)(a), the making of the
reference;
(b) in a case falling within subsecti on (3)(b), the acceptance of the
undertaking;
(c) in a case falling within subsec tion (3)(c), the making of the
decision not to make the reference;
(d) in a case falling within subsec tion (3)(d), the expiry of the
preliminary assessment period.
(5) Paragraph 7(8) to (10) of Schedule 7 applies for deciding if and when a
reference under section 45(2) or (3) or  62(2) is finally determined for the
purpose of section 110A(8) as it app lies for deciding those questions for
the purpose of paragraph 7 of Schedule 7.
(6) Paragraph 8(7) to (9) of Schedule 7 applies for deciding if and when a
reference under section 45(4) or (5) or  62(3) is finally determined for the
purpose of section 110A(8) as it app lies for deciding those questions for
the purpose of the definition of “r elevant period” in paragraph 8(6) of
that Schedule.”
(12) In section 111 (penalti es), in subsection (5)(b)—
(a) in sub-paragraph (i), omit “or (a s the case may be) the obstruction or
delay is removed”, and
(b) in sub-paragraph (ii), for the words from “the day” to the end of the
sub-paragraph substitute “the day which is the relevant day in the casein question for the purp oses of section 110A”.
Interim measures
30 Interim measures: pre-emptive action: mergers
(1) Omit section 71 of the 2002 Act (initial undertakings: completed mergers).
(2) Section 72 of that Act (initial en forcement orders: completed mergers) is
amended as follows.
(3) For subsection (1) substitute—
“(1) Subsection (2) applies where—
(a) the CMA is considering whet her to make a reference under
section 22 or 33; and
(b) the CMA has reasonable grounds for suspecting that it is or may
be the case that two or more enterprises have ceased to bed i s t i n c t  o r  t h a t  a r r a n g e m e n t s  a r e  i n  p r o g r e s s  o r  i ncontemplation which, if carried in to effect, will result in two or
more enterprises ceasing to be distinct.”
(4) Omit subsection (3).Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 4 — Competition Reform
Chapter 1 — Mergers25
(5) Before subsection (4) insert—
“(3A) Subsection (3B) applies where—
(a) subsection (1)(a) and (b) applies; and
(b) the CMA also has reasonable grounds for suspecting that pre-
emptive action has or may have been taken.
(3B) The CMA may by order, for the pu rpose of restoring the position to
what it would have been had the pr e-emptive action not been taken or
otherwise for the purpose of mitigating its effects—
(a) do anything mentioned in  subsection (2)(b) to (d);
(b) impose such other obligations, pr ohibitions or restrictions as it
considers appropriate for that purpose.”
(6) After subsection (3B) insert—
“(3C) A person may, with the consent of the CMA, take action or action of a
particular description where the action would otherwise constitute acontravention of an order under this section.”
(7) In subsection (6), in each  of paragraphs (a) and (d), after “section 22” insert “or
33”.
(8) After subsection (7) insert—
“(8) In this section “pre-emptive action” means action which might
prejudice the reference concerned or  impede the taking of any action
under this Part which may be justified by the CMA’s decisions on thereference.”
(9) In the heading for “completed mergers”  substitute “compl eted or anticipated
mergers”.
(10) Schedule 7 (which make s further provision about interim measures under Part
3 of the 2002 Act) has effect.
31 Interim measures: fina ncial penalties: mergers
(1) After section 94 of the 2002 Act (rights to enforce undertakings and orders
under Part 3) insert—
“94A  Interim undertakings and or ders under this Part: penalties
(1) Where the appropriate authority considers that a person has, without
reasonable excuse, failed to comply with an interim measure, it mayimpose a penalty of such fixed amount as it considers appropriate.
(2) A penalty imposed under subsection (1) shall not exceed 5% of the total
value of the turnover (b oth in and outside the Un ited Kingdom) of the
enterprises owned or controlled by th e person on whom it is imposed.
(3) For the purposes of subsection (2),  the Secretary of State may by order
make provision for determining—
(a) when an enterprise is to be treated as controlled by a person;
and
(b) the turnover (both in and ou tside the United Kingdom) of an
enterprise.Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 4 — Competition Reform
Chapter 1 — Mergers26
(4) An order under subsection (3)(b) ma y, in particular, make provision as
to—
(a) the amounts which are, or which are not, to be treated as
comprising an enterprise’s turnover;
(b) the date or dates by  reference to which an  enterprise’s turnover
is to be determined.
(5) An order under subsec tion (3) may, in particular, make provision
enabling the appropriate author ity to determine matters of a
description specified in the orde r (including any of the matters
mentioned in paragraphs (a) and (b) of subsection (4)).
(6) The Secretary of State may by order amend subsecti on (2) so as to alter
the percentage for the time being mentioned there to any percentage
not exceeding 5%.
(7) Sections 112 to 115 apply in relation to a penalty imposed under
subsection (1) as they apply in relation to a penalty of a fixed amountimposed under section 110(1), with the modification that any referencein those provisions to the CMA is to be read as a refe rence to the person
who imposed the penalty under this section.
(8) In this section—
 “interim measure” means—
(a) an undertaking under section 80; or
(b) an order under section 72 or 81 or paragraph 2 of
Schedule 7; 
“appropriate authority” means—
(a) in relation to an interim measure which is an order made
by the Secretary of State under paragraph 2 of Schedule7, the Secretary of State;
(b) in relation to any other interim measure, the CMA.
94B Statement of policy in relation to powers under sections 94 and 94A
(1) The CMA shall prepare and publish a statement of policy in relation to
the use of its powers under—
(a) section 94, insofar as they relate to interim measures; and
(b) section 94A.
(2) The CMA shall, in particular, include a statement about the
considerations relevant to the determination of the amount of anypenalty imposed under section 94A.
(3) The CMA may revise its statement of policy and, where it does so, it
shall publish the revised statement.
(4) The CMA shall consult the Secretary of State and such other persons as
it considers appropriate when prep aring or revising its statement of
policy.
(5) A statement or revised statement of policy may not be published under
this section unless the Secretary of State approves the statement.
(6) In this section, “interim measure” has the same meaning as in section
94A.”Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 4 — Competition Reform
Chapter 1 — Mergers27
(2) In section 120 of that Act (review of de cisions under Part 3), in subsection (2)(a),
for “section 110(1) or (3)” substitute  “section 94A(1) or 110(1) or (3)”.
(3) In section 124 of that Act (orders and regulations under Part 3)—
(a) in subsection (4), before “o r 102” insert “, 94A(6)”, and
(b) in subsection (5), before “111(4)  or (6),” insert “94A(3) or (6),”.
Time-limits
32 Time-limits etc: mergers
(1) In section 103 of the 2002 Act (duty of ex pedition in relation to references), in
subsection (1), for the words from the beginning to “the OFT” substitute “Inmaking any decision for the purposes of its functions of making and
determining refere nces under this Part, the CMA”.
(2) Schedule 8 (which makes provision about time-limits in relation to the mergers
reference regime under Part 3 of the 2002 Act) has effect.
C
HAPTER  2
MARKETS
Cross-market investigations
33 Power of CMA to make cross-market references
(1) Section 131 of the 2002 Act (power to make market investigation references) is
amended as follows.
(2) After subsection (2) insert—
“(2A) In a case where the feature or each  of the features concerned falls within
subsection (2)(b) or (c), a referenc e under subsection (1) may be made
in relation to more than one mark et in the United Kingdom for goods
or services.”
(3) In subsection (4)(a), for “section 156( 1)” substitute “section 156(A1) or (1)”.
(4) In subsection (6)—
(a) before the definition of “marke t in the United Kingdom” insert—
““cross-market reference” means a reference under this
section which falls within subsection (2A) or a referenceunder section 132 which falls within subsection (3A) ofthat section (and see section 140A);”, and
(b) after the definition of “marke t investigation reference” insert—
““ordinary reference” means a reference under this section
or section 132 which is not a cross-market reference (andsee section 140A);”.
34 Ministerial power to make cross-market references 
(1) Section 132 of the 2002 Act (ministeri al power to make market investigation
references) is amended as follows.Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 4 — Competition Reform
Chapter 2 — Markets28
(2) After subsection (3) insert—
“(3A) In a case where the feature or each  of the features concerned falls within
section 131(2)(b) or (c),  a reference under subsection (3) may be made in
relation to more than one market in the United Kingdom for goods or
services.”
(3) In subsection (4), for “s ection 156(1)” substitute “section 156(A1) or (1)”.
(4) Schedule 9 (which contains amendments of Part 4 of the 2002 Act which are
consequential on section 33 an d this section) has effect.
Public interest interventions
35 Public interest interventions  in markets investigations
(1) Part 4 of the 2002 Act (market investigations) is amended as follows.(2) Section 139 (power of Secretary of St ate to give public interest intervention
notices) is amended as follows.
(3) For subsection (1) substitute—
“(A1) This section applies where—
(a) the CMA has published a market study notice in relation to a
matter; or
(b) the CMA has begun the process of consultation under section
169 in respect of a decision of the kind mentioned in subsection
(6)(a)(i) of that section.
(1) The Secretary of State may, within  the permitted period, give a notice
to the CMA if the Secretary of State believes that it is or may be the casethat one or more than one public interest consideration is relevant to thematter.
(1A) For the purposes of subsection (1 ), the permitted period, in a case to
which this section applies by virtue of paragraph (a) of subsection (A1),
is the period beginning with the pu blication of the market study notice
and ending with—
(a) the acceptance by the CMA of an undert aking under section 154
instead of the making of a reference under section 131 inrelation to the matter; 
(b) the publication of notice of th e fact that the CMA has otherwise
decided not to make such a refere nce in relation to the matter; 
(c) the making of such a referenc e in relation to the matter; or
(d) in a case where the period permitted by section 131B for the
preparation and publication by the CMA of the market studyreport in relation to the matter has expired and no such reporthas been prepared or published, the end of that period.
(1B) For the purposes of su bsection (1), the permitted period, in a case to
which this section applies by virtue of paragraph (b) of subsection (A1),is the period beginning with the date on which the CMA begins the
process of consultation concerned and ending with—Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 4 — Competition Reform
Chapter 2 — Markets29
(a) the acceptance by the CMA of an undert aking under section 154
instead of the making of a reference under section 131 inrelation to the matter concerned;
(b) the publication of notice of th e fact that the CMA has otherwise
decided not to make such a refere nce in relation to the matter; or
(c) the making of such a refere nce in relation to the matter.”
(4) In subsection (2)— 
(a) in the words before paragraph (a),  after “may” insert  “, within the
permitted period,”,
(b) in paragraph (a)(i), afte r “131” insert “in relation to the matter”, and
(c) in paragraph (c), for “case” (in the second place where it occurs)
substitute “proposal to accept the undertaking”.
(5) After subsection (2) insert—
“(2A) For the purposes of subsecti on (2), the permitted period is—
(a) where the CMA publishes a notice under section 155(1), the
period within which representati ons may be made in relation to
the proposed undertaking (as to  which, see section 155(2)(f));
(b) where the CMA publishes a notice under section 155(4), the
period within which representati ons may be made in relation to
the proposed modifications to the proposed undertaking (as to
which, see section 155(5)(c)).”
(6) For subsection (4) substitute—
“(4) No more than one intervention notice shall be given under subsection
(1) in relation to  the same matter.
(4A) An intervention notice shall no t be given under subsection (2) in
relation to a proposal to accept an undertaking if the proposal relates to
a matter in respect of which an interv ention notice unde r subsection (1)
has already been given.
(4B) No more than one intervention notice shall be given under subsection
(2) in relation to the same propos ed undertaking or in relation to
proposed undertakings which do no t differ from each other in any
material respect.”
(7) After subsection (4B) insert—
“(4C) In this section, a reference to the acceptance of an undertaking shall, in
a case where the CMA has accepted a group of undertakings undersection 154, be treated as a reference to the acceptance of the lastundertaking in the group; but unde rtakings which vary, supersede or
revoke earlier undertak ings shall be disregar ded for the purposes of
this section.”
(8) After section 140 insert—
“140A Section 139(1) intervention notices : Secretary of State’s duty to refer
(1) This section applies where—
(a) the CMA has prepared a market study report in relation to a
matter within the period permitted by section 131B(4);Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 4 — Competition Reform
Chapter 2 — Markets30
(b) an intervention notice under sect ion 139(1) is in force in relation
to the matter at the time when  the CMA would (but for this
section) be required to publish the report; and
(c) the report contains the decision of the CMA that it should make
an ordinary reference or a cross- market reference in relation to
the matter under section 131.
(2) This section also applies where—
(a) the CMA has conducted a consultation under section 169 in
respect of a decision of the kind mentioned in subsection(6)(a)(i) of that section;
(b) the CMA has decided that it sh ould make an ordinary reference
or a cross-market reference in re lation to the matter concerned
under section 131; and
(c) an intervention notice under sect ion 139(1) is in force in relation
to the matter at the time when the CMA makes that decision.
(3) The CMA—
(a) shall not exercise the power under section 131 to refer the
matter;
(b) in a case falling within subsec tion (1), shall not publish the
market study report under sect ion 131B(4) and shall instead,
within the period mentioned in section 131B(4), give the report
to the Secretary of State; and
(c) in a case falling within subsection  (2), shall give to the Secretary
of State a document containing—
(i) its decision and the reasons for its decision; and
(ii) such information as the CMA considers appropriate for
facilitating a proper understa nding of the reasons for its
decision.
(4) The Secretary of State shall decide whether any public interest
consideration which was mentioned in the intervention notice isrelevant to the matter in question.
(5) Where the Secretary of State decides that there is no relevant public
interest consideration—
(a) the Secretary of State shall (in accordance with the CMA’s
decision) make a reference in relation to the matter to the chairof the CMA for the constitution of a group under Schedule 4 to
the Enterprise and Regulato ry Reform Act 2013; and
(b) the reference is to be treated fo r the purposes of this Part as an
ordinary reference or (as the case may be) a cross-marketreference made under section 131 in accordance with the
requirements impose d by this Part.
(6) Where the Secretary of State decides that there is one or more than one
relevant public interest  consideration, the Secretary of State shall (in
accordance with the CMA’s decision ) make a reference in relation to
the matter to the chair of the CMA fo r the constitution of a group under
Schedule 4 to the Enterprise and Regulatory Reform Act 2013.
(7) The Secretary of State shall sp ecify in a reference made under
subsection (6)—
(a) the relevant public interest co nsideration or considerations; andEnterprise and Regulatory Reform Act 2013 (c. 24)
Part 4 — Competition Reform
Chapter 2 — Markets31
(b) whether the reference is a rest ricted PI reference or a full PI
reference (as to which, see sections 141 and 141A respectively).
(8) Where the Secretary of State makes a full PI reference under subsection
(6), the reference shall also specify whether the Secretary of Stateproposes to appoint a public inte rest expert under section 141B.
(9) For the purposes of this Part, a re ference under subsection (6) is to be
treated—
(a) in a case where the decision of the CMA was that it should make
an ordinary reference, as an ordinary reference;
(b) in a case where the decision of the CMA was that it should make
a cross-market reference, as a cross-market reference.
(10) In a case falling within subsecti on (1), the Secretary of State shall
publish the market study report concerned at the same time as theSecretary of State makes a re ference under this section.
(11) In a case falling within subsecti on (2), the Secretary of State shall
publish the document given to the Se cretary of State by the CMA under
subsection (3)(c), at the same time  as the Secretary of State makes a
reference under this section.
(12) In this Part—
“full PI reference” means a reference made by the Secretary of
State under subsection (6) which specifies that it is a full PIreference;
“restricted PI reference” means a reference made by the Secretary
of State under subsection (6) which specifies that it is a restricted
PI reference.”
(9) After section 141 insert—
“141A Full PI references: questions to be decided by CMA
(1) This section applies where the Secretary of State makes a full PI
reference.
(2) The CMA shall, on an ordinary re ference, decide wh ether any feature,
or combination of features, of each relevant market (within themeaning given by section 134(3)) prevents, restricts or distortscompetition in connection with the supply or acquisition of any goods
or services in the United Kingdom or a part of the United Kingdom.
(3) The CMA shall, on a cross-market reference, decide in relation to each
feature and each combination of the features specified in the reference,
whether the feature or combination of features, as it relates to goods or
services of one or more than one of the descriptions so specified,
prevents, restricts or distorts compet ition in connection with the supply
or acquisition of any goods or servic es in the United Kingdom or a part
of the United Kingdom.
(4) The CMA shall, if it has decided that there is an adverse effect on
competition, decide whether, taking  account only of any adverse effect
on competition and the admissible public interest consideration or
considerations concerned, any feature or combination of featureswhich gave rise to an adverse effect  on competition operates or may be
expected to operate against the public interest.Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 4 — Competition Reform
Chapter 2 — Markets32
(5) The CMA shall, if it has decided that any such feature or combination
of features operates or may be ex pected to operate against the public
interest, also decide separately the following additional questions—
(a) whether action should be take n by the Secretary of State under
section 147A for the purpose of remedying, mitigating orpreventing any of the effects adverse to the public interest
concerned;
(b) whether the CMA should recomm end the taking of other action
by the Secretary of State, or action by persons other than itselfand the Secretary of State, for the purpose of remedying,
mitigating or preventing any of the effects adverse to the public
interest concerned; and
(c) in either case, if action should  be taken, what action should be
taken and what is to be reme died, mitigated or prevented.
(6) The CMA shall, if it has decided that there is an adverse effect on
competition, also decide separately the following questions (on theassumption that it is proceeding as mentioned in section 148A(2))—
(a) whether action should be taken by it under section 138 for the
purpose of remedying, mitigati ng or preventing the adverse
effect on competition concerned or any detrimental effect oncustomers so far as it has resulted from, or may be expected toresult from, the adverse effect on competition;
(b) whether the CMA should reco mmend the taking of action by
other persons for the purpose of remedying, mitigating orpreventing the adverse effect on  competition concerned or any
detrimental effect on customers so far as it has resulted from, ormay be expected to result from, the adverse effect oncompetition; and
(c) in either case, if action should  be taken, what action should be
taken and what is to be reme died, mitigated or prevented.
(7) In a case where the Secretary of State has appointed a public interest
expert under section 141B  in relation to a full PI reference, the CMA
shall, in deciding the questions mentioned in subsections (4) and (5),have regard, in particular, to the views of the expert.
(8) In deciding the questions mentione d in subsection (5), the CMA shall,
in particular, have regard to— 
(a) the need to achieve as comprehensive a solution as is reasonable
and practicable to the effects adverse to the public interest
concerned; and
(b) any detrimental effects on cu stomers so far as resulting from
those effects.
(9) In deciding the questions mentione d in subsection (6), the CMA shall,
in particular, have regard to—
(a) the need to achieve as comprehensive a solution as is reasonable
and practicable to the adverse effect on competition concerned;and
(b) any detrimental effect s on customers so far as resulting from it.
(10) In deciding the questions mentio ned in subsections (5) and (6), the
CMA may, in particular, have regard to  the effect of any action on anyEnterprise and Regulatory Reform Act 2013 (c. 24)
Part 4 — Competition Reform
Chapter 2 — Markets33
relevant customer benefits of the fe ature or features of the market or
markets concerned.
(11) In this section, “admissible publ ic interest consideration” means any
public interest consideration specif ied in the reference concerned and
which the CMA is not under a duty to disregard.
141B  Full PI references: power of Se cretary of State to appoint expert
(1) This section applies where the Secretary of State makes a full PI
reference.
(2) The Secretary of State may appoin t one or more than one person to
advise the CMA on the questions mentioned in subsections (4) and (5)of section 141A in relation to the reference.
(3) A person so appointed shall be a person who appears to the Secretary
of State to have particular knowle dge of, or expertise in, matters
relating to a public interest cons ideration specified in the reference.
(4) Each person so appointed is referred to in this Part as a “public interest
expert”.
(5) The terms and conditions of appo intment of a public  interest expert
(including, in particular, as to re muneration) are to be determined by
the Secretary of State.
(6) Any appointment of a public intere st expert under this section shall be
made within the period of 2 months beginning with the date of thereference concerned.
(7) Before appointing a public interest  expert the Secretary of State shall
consult the chair of the CMA.”
(10) Schedule 10 (which contains amendments of Part 4 of the 2002 Act which are
consequential on or otherwise rela ted to this section) has effect.
Investigation powers
36 Investigation powers: markets
(1) Section 174 of the 2002 Act (investi gation powers) is amended as follows.
(2) For subsections (1 ) and (2) substitute—
“(1) For the purposes of this section, the permitted purposes are the
following—
(a) assisting the CMA in carrying out its functions under section 5
in relation to a matter in a case where it has published a marketstudy notice;
(b) assisting the CMA in carrying  out any functions, including
enforcement functions, exercisabl e by it under or by virtue of
t h i s  P a r t  i n  c o n n e c t i o n  w i t h  a  matter that is or has been the
subject of a reference under section 131 or 132 or possiblereference unde r section 131;
(c) assisting the CMA or the Secretar y of State in carrying out any
functions, including enforcement functions, of the CMA or (as
the case may be) the Secretary of State under or by virtue of thisEnterprise and Regulatory Reform Act 2013 (c. 24)
Part 4 — Competition Reform
Chapter 2 — Markets34
Part in connection with a matter that is or has been the subject
of a reference under section 140A (6) or possible reference under
section 140A(5) or (6).
(2) The CMA may exercise any of the po wers in subsections (3) to (5) for a
permitted purpose.”
(3) In subsection (6), after “shall” insert “—
(a) specify the permitted purpose for which the notice is given,
including the function or functions in question; and
(b) ”.
(4) After subsection (6) insert—
“(6A) The CMA or any person nominate d by it for the purpose may, for a
permitted purpose, take  e vidence  on o ath and for t hat purpose may
administer oaths.”
(5) In subsection (7), for “the purpose me ntioned in subsection  (1)” substitute “a
permitted purpose”.
(6) After subsection (9) insert—
“(9A) In subsection (1), “enforcement functions” means—
(a) in relation to the CMA—
(i) functions conferred by virtue of section 164(2)(b) on the
CMA by enforcement orders;
(ii) functions of the CMA in relation to the variation,
supersession or release of enforcement undertakings orthe variation or revocation of enforcement orders;
(iii) functions of the CMA under or by virtue of section 160
or 162 in relation to enforcement undertakings orenforcement orders;
(b) in relation to the Secretary of State—
(i) functions conferred by virtue of section 164(2)(b) on the
Secretary of State by enforcement orders;
(ii) functions of the Secretary of State in relation to the
variation, supersession or  release of enforcement
undertakings or the vari ation or revocation of
enforcement orders;
(iii) functions of the Secretary of State under or by virtue of
section 160 in relation to enforcement undertakings or
enforcement orders.”
(7) For the heading substitute “Attend ance of witnesses and production of
documents etc.”.
(8) Schedule 11 (which ma kes provision about the enforcement of the powers
under section 174 of the 2002 Act, as amended by this section, and which makesconsequential amendments of  that Act) has effect.
Interim measures
37 Interim measures: pre-emptive action: markets
(1) Part 4 of the 2002 Act (market investigations) is amended as follows.Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 4 — Competition Reform
Chapter 2 — Markets35
(2) In section 157 (interim undertakings: Part 4), after subsection (2) insert—
“(2A) Subsection (2B) applies where—
(a) subsection (1)(a) to (c) applies; and
(b) the relevant authority has reasonable grounds for suspecting
that pre-emptive action has or may have been taken.
(2B) The relevant authority may, for the purpose of restoring the position to
what it would have been had the pr e-emptive action not been taken or
otherwise for the purpose of mitigati ng its effects, accept, from such
persons as the relevant authority considers appropriate, undertakingsto take such action as the relevant authority considers appropriate.”
(3) After subsection (2B) of that section insert—
“(2C) A person may, with the consent of the relevant authority, take action of
a particular description where the ac tion would otherwise constitute a
contravention of an undertaking accepted under this section.”
(4) In section 158 (interim orders: Part 4), after subsection (2) insert—
“(2A) Subsection (2B) applies where—
(a) subsection (1)(a) to (c) applies; and
(b) the relevant authority has reasonable grounds for suspecting
that pre-emptive action has or may have been taken.
(2B) The relevant authority may by orde r, for the purpose of restoring the
position to what it would have b een had the pre-emptive action not
been taken or otherwise for the pu rpose of mitigating its effects—
(a) do anything mentioned in subsection (2)(b) to (d); 
(b) impose such other obligations, pr ohibitions or restrictions as it
considers appropriate for that purpose.”
(5) After subsection (2B) of that section insert—
“(2C) A person may, with the consent of the relevant authority, take action of
a particular description where the ac tion would otherwise constitute a
contravention of an order under this section.”
Time-limits and procedure
38 Market studies and market inves tigations: consultation and time-limits
Schedule 12 (which makes pr ovision about consultation in relation to decisions
whether to make a market investigat ion reference and about time-limits in
relation to the conduct of market studies and the markets investigationreference regime under Part 4 of the 2002 Act) has effect.Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 4 — Competition Reform
Chapter 3 — Anti-trust36
CHAPTER  3
ANTI-TRUST
Investigation powers
39 Investigations: power to ask questions
(1) Part 1 of the Competition Act 1998 (“ the 1998 Act”) (compe tition) is amended
as follows.
(2) After section 26 (powers when conducting invest igations) insert—
“26A Investigations: power to ask questions
(1) For the purposes of an investigat ion, the CMA may give notice to an
individual who has a connection with a relevant undertaking requiringthe individual to answer  questions with respect to any matter relevant
to the investigation—
(a) at a place specified in the notice, and
(b) either at a time so specified or on receipt of the notice.
(2) The CMA must give a copy of the notice under subsection (1) to each
relevant undertaking with whic h the individual has a current
connection at the time the noti ce is given to the individual.
(3) The CMA must take such steps as are reasonable in all the
circumstances to comply with the requirement under subsection (2)
before the time at which the individu al is required to answer questions.
(4) Where the CMA does not comp ly with the requirement under
subsection (2) before th e time mentioned in subsection (3), it must
comply with that requirement as s oon as practicable after that time.
(5) A notice under subsec tion (1) must be in wr iting and must indicate—
(a) the subject matter and purpose of the investigation, and
(b) the nature of the offence created by section 44.
(6) For the purposes of this section— 
(a) an individual has a connection with an undertaking if he or she
is or was—
(i) concerned in the management or control of the
undertaking, or
(ii) employed by, or othe rwise working for, the
undertaking, and
(b) an individual has a current connection with an undertaking if,
at the time in question, he or sh e is so concerned, is so employed
or is so otherwise working.
(7) In this section, a “relevant undertaking” means an undertaking whose
activities are being investigated as part of the investigation in
question.”
(3) For the heading of section 26 substitu te “Investigations: powers to require
documents and information”.
(4) Section 30A (use of statements in prosecution) is amended as follows.Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 4 — Competition Reform
Chapter 3 — Anti-trust37
(5) The existing text becomes subsection (1).
(6) In subsection (1), for “26 to 28 A” substitute “26 and 27 to 28A”.
(7) After that subsection insert—
“(2) A statement by an individual in response to a requirement imposed by
virtue of section 26A (a “section 26A statement”) may only be used inevidence against the individual—
(a) on a prosecution for an offence under section 44, or
(b) on a prosecution for some other offence in a case falling within
subsection (3).
(3) A prosecution falls wi thin this subsection if, in the proceedings—
(a) in giving evidence, the in dividual makes a statement
inconsistent with the section 26A statement, and
(b) evidence relating to the section 26A statement is adduced, or a
question relating to it is asked, by or on behalf of the individual.
(4) A section 26A statement may not be used in evidence against an
undertaking with which the individual who gave the statement has aconnection on a prosecution for an o ffence unless the prosecution is for
an offence under section 44.
(5) For the purposes of su bsection (4), an individual has a connection with
an undertaking if he or she is or was—
(a) concerned in the management or  control of the undertaking, or
(b) employed by, or otherwise working for, the undertaking.”
40 Civil enforcement of investigation powers
(1) Part 1 of the 1998 Act (competition) is amended as follows.(2) After section 40 insert—
“Civil sanctions
40A Penalties: failure to comply with requirements
(1) Where the CMA considers that a person has, without reasonable
excuse, failed to comply with a requirement imposed on the person
under section 26, 26A, 27, 28 or 28A, it may impose a penalty of suchamount as it considers appropriate.
(2) The amount may be—
(a) a fixed amount,
(b) an amount calculated by reference to a daily rate, or
(c) a combination of a fixed amount and an amount calculated by
reference to a daily rate.
(3) A penalty imposed under subsection (1) must not—
(a) in the case of a fixed amount, exceed such amount as the
Secretary of State may by order specify;
(b) in the case of an amount calculated by reference to a daily rate,
exceed such amount per day as  the Secretary of State may so
specify;Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 4 — Competition Reform
Chapter 3 — Anti-trust38
(c) in the case of a fixed amount and an amount calculated by
reference to a daily rate, exc eed such fixed amount and such
amount per day as the Secret ary of State may so specify.
(4) The fixed amount specified for the purposes of subsection (3)(a) or (c)
may not exceed £30,000.
(5) The amount per day specified for the purposes of subsection (3)(b)
or (c) may not exceed £15,000.
(6) In imposing a penalty by reference to a daily rate—
(a) no account is to be taken of an y days before the service of the
notice under section 112 of the Enterprise Act 2002 (as appliedby subsection (9)) on th e person concerned, and
(b) unless the CMA determines an earlier date (whether before or
after the penalty is imposed), the amount payable ceases toaccumulate at the beginning of the earliest of the days
mentioned in subsection (7).
(7) The days are—
(a) the day on which the requir ement concerned is satisfied;
(b) the day on which the CMA makes a decision (within the
meaning given by section 31(2)) or terminates the investigationin question without ma king such a decision;
(c) if the Secretary of State ha s made an order under section
31F(1)(b) imposing a time-limit on the making of such adecision, the latest day on whic h such a decision may be made
as a result of the investigation in question.
(8) Before making an order under subsection (3), the Secretary of State
must consult the CMA and such other persons as the Secretary of Stateconsiders appropriate.
(9) Sections 112 to 115 of the Enterprise Act 2002 (supplementary
provisions about penalties) apply in relation to a penalty imposed
under subsection (1) as they apply in relation  to a penalty imposed
under section 110(1) of that Act.
40B Statement of policy on penalties
(1) The CMA must prepare and publish a statement of policy in relation to
the use of its powers under section 40A.
(2) The CMA must, in particular, include a statement about the
considerations relevant to the dete rmination of the nature and amount
of any penalty imposed under section 40A.
(3) The CMA may revise its statement of policy and, where it does so, it
must publish the revised statement.
(4) The CMA must consult such persons as it considers appropriate when
preparing or revising its statement of policy.
(5) If the proposed statement of policy or revision relates to a matter in
respect of which a regulator exerci ses concurrent jurisdiction, those
consulted must include that regulator.
(6) In deciding whether and, if so, ho w to proceed under section 40A, the
CMA must have regard to the statement of policy which was mostEnterprise and Regulatory Reform Act 2013 (c. 24)
Part 4 — Competition Reform
Chapter 3 — Anti-trust39
recently published unde r this section at the time when the failure
concerned occurred.”
(3) Section 38 (guidance about appropriat e level of penalties under section 36) is
amended as follows.
(4) In subsection (1), after “u nder this Part” insert “in respect of an infringement of
the Chapter 1 prohibition, the Chapter 2 prohibition, the prohibition in Article81(1) or the prohibition in Article 82”.
(5) In subsection (1A), for “a penalty unde r this Part” substitute “such a penalty”.
(6) In subsection (8), after “u nder this Part” insert “in respect of an infringement of
a kind mentioned in subsection (1)”.
(7) Section 42 (offences of failure to  comply with requirements imposed in
investigations and obstruction) is amended as follows.
(8) Omit subsections (1) to (4).
(9) In subsection (6), omit “(1) or”.
41 Extension of powers to issue warrants to CAT
Schedule 13 (which amends the 1998 Act to extend the powers under that Act
to issue warrants to the Competit ion Appeal Tribunal) has effect.
42 Part 1 of the 1998 Act: procedural matters
(1) Part 1 of the 1998 Act (competition) is amended as follows.
(2) After section 25 (power to investigate) insert—
“25A Power of CMA to publish notice of investigation
(1) Where the CMA decides to conduct an investigation it may publish a
notice which may, in particular—
(a) state its decision to do so;
(b) indicate which of subsections (2) to (7) of section 25 the
investigation falls under;
(c) summarise the matter being investigated;
(d) identify any undertaking whose activiti es are being
investigated as part of the investigation;
(e) identify the market which is or was affected by the matter being
investigated.
(2) Section 57 does not apply to a noti ce under subsection (1) to the extent
that it includes information other than information mentioned in thatsubsection.
(3) Subsection (4) applies if—
(a) the CMA has published a notice under subsection (1) which
identifies an undertaking whose activiti es are being
investigated, and
(b) the CMA subsequently decide s (without making a decision
within the meaning given by se ction 31(2)) to terminate the
investigation of the activities of  the undertaking so identified.Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 4 — Competition Reform
Chapter 3 — Anti-trust40
(4) The CMA must publish a notice stating that the activities of the
undertaking in question are no longer being investigated.”
(3) Schedule 9 (examples of provision that  may be made in rules) is amended as
follows.
(4) After paragraph 1 insert—
“Delegation of functions
1A (1) Rules may provide for the exerci se of a function of the CMA under
this Part on its behalf—
(a) by one or more members of the CMA Board (see Part 2 of
Schedule 4 to the Enterprise and Regulatory Reform Act2013);
(b) by one or more members of the CMA panel (see Part 3 of that
Schedule to that Act);
(c) by one or more members of staff of the CMA;
(d) jointly by one or more of th e persons mentioned in paragraph
(a), (b) or (c).
(2) Sub-paragraph (1) does not a pply in relation to any function
prescribed in regulations made under section 7(1) of the Civil
Aviation Act 1982 (power  for Secretary of State to prescribe certain
functions of the Civil Aviation  Authority which must not be
performed on its behalf by any other person).”
(5) After paragraph 13 insert—
“Oral hearings: procedure
13A (1) Rules may make provision as to the procedure to be followed by the
CMA in holding oral hearings as part of an investigation.
(2) Rules may, in particular, make pr ovision as to the appointment of a
person mentioned in sub-paragraph (3) who has not been involvedin the investigation in question to—
(a) chair an oral hearing, and
(b) prepare a report following th e hearing and give it to the
person who is to exercise on be half of the CMA its function of
making a decision (within the meaning given by section31(2)) as a result of the investigation.
(3) The persons are—
(a) a member of the CMA Board;
(b) a member of the CMA panel;
(c) a member of staff of the CMA.
(4) The report must—
(a) contain an assessment of the fairness of the procedure
followed in holding the oral hearing, and
(b) identify any other concerns about the fairness of the
procedure followed in the in vestigation which have been
brought to the attention of th e person preparing the report.”Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 4 — Competition Reform
Chapter 3 — Anti-trust41
(6) After paragraph 13A insert—
“Procedural complaints
13B (1) Rules may make provision as to arrangements to be made by the
CMA for dealing with complaints about the conduct by the CMA ofan investigation.
(2) Rules may, in particul ar, make provision as to—
(a) the appointment of a person mentioned in sub-paragraph (3)
who has not been involved in th e investigation in question to
consider any such complaint;
(b) the time-table for the consid eration of any such complaint.
(3) The persons are—
(a) a member of the CMA Board;
(b) a member of the CMA panel;
(c) a member of staff of the CMA.”
(7) After paragraph 13B insert—
“Settling cases
13C Rules may make provision as to the procedure to be followed in a
case where, during an investigatio n, one or more persons notify the
CMA that they accept that there ha s been an infringement of a kind
to which the investigation relates.”
Interim measures and other sanctions
43 Threshold for interim measures
In section 35 of the 1998 Act (interim  m e a s u r e s ) ,  i n  s u b s ection (2)(a), for
“serious, irreparable damage” su bstitute “significant damage”.
44 Penalties: guidance etc.
(1) Part 1 of the 1998 Act (competition) is amended as follows.(2) In section 36 (pe nalties), after subs ection (7) insert—
“(7A) In fixing a penalty under this section the CMA must have regard to—
(a) the seriousness of the infringement concerned, and
(b) the desirability of  deterring both the un dertaking on whom the
penalty is imposed and others from—
(i) entering into agreements which infringe the Chapter 1
prohibition or the prohibition in Article 81(1), or
(ii) engaging in conduct which infringes the Chapter 2
prohibition or the prohibition in Article 82.”
(3) In section 38 (guidance on level of penalties), in subsection (8), before “must
have regard” insert “and the Tribunal”.Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 4 — Competition Reform
Chapter 3 — Anti-trust42
Miscellaneous
45 Power for Secretary of State to im pose time-limits on i nvestigations etc.
After section 31E of the 1998 Act insert—
“31F Power for Secretary of State to  impose time-limits on investigations 
etc.
(1) The Secretary of State may by orde r impose time-limits in relation to—
(a) the conduct by the CMA of invest igations or investigations of a
description specified in the order; 
(b) the making by the CMA of decisions (within the meaning given
by section 31(2)) as a result of in vestigations or investigations of
such a description.
(2) Before making an order under subsection (1), the Secretary of State
must consult the CMA and such other persons as the Secretary of Stateconsiders appropriate.”
46 Review of operation of Part 1 of 1998 Act
(1) The Secretary of State must—
(a) review the operation of Part 1 of the 1998 Act, and
(b) prepare and publish a report on the outcome of the review.
(2) The report must be published before th e end of the period of 5 years beginning
with the day on which Part 1 of Schedule  5 (which transfers the functions of the
Office of Fair Trading under Part 1 of the 1998 Act to the Competition andMarkets Authority) comes into force.
(3) The Secretary of State must lay the report before Parliament.
C
HAPTER  4
CARTELS
47 Cartel offence
(1) Section 188 of the 2002 Act (car tel offence) is amended as follows.
(2) In subsection (1), omit “dishonestly”.(3) Omit subsection (6).
(4) After subsection (7) insert—
“(8) This section is subject to section 188A.”
(5) After that section insert— 
“188A Circumstances in which cartel offence not committed
(1) An individual does not commit an  offence under section 188(1) if,
under the arrangements—
(a) in a case where the arrangements would (operating as the
parties intend) affect the suppl y in the United Kingdom of aEnterprise and Regulatory Reform Act 2013 (c. 24)
Part 4 — Competition Reform
Chapter 4 — Cartels43
product or service, custom ers would be given relevant
information about the arrangements before they enter intoagreements for the supply to them of the product or service soaffected,
(b) in the case of bid-rigging ar rangements, the person requesting
bids would be given relevant information about them at orbefore the time when a bid is made, or
(c) in any case, relevant information about the arrangements
would be published, before the arrangements are implemented,in the manner specified at th e time of the making of the
agreement in an order made by the Secretary of State.
(2) In subsection (1), “relevant information” means—
(a) the names of the undertakings to which the arrangements
relate,
(b) a description of the nature  of the arrangements which is
sufficient to show why they are or  might be arrangements of the
kind to which section 188(1) applies,
(c) the products or services  to which they relate, and
(d) such other information as may be specified in an order made by
the Secretary of State.
(3) An individual does not commit an offence under section 188(1) if the
agreement is made in order to comply with a legal requirement.
(4) In subsection (3), “legal requir ement” has the same meaning as in
paragraph 5 of Schedule 3 to the Competition Act 1998.
(5) A power to make an order under this section—
(a) is exercisable by statutory instrument,
(b) may be exercised so as to ma ke different provision for different
cases or different purposes, and
(c) includes power to make su ch incidental, supplementary,
consequential, transitory, transiti onal or saving provision as the
Secretary of State considers appropriate.
(6) A statutory instrument containing an  order under this section is subject
to annulment in pursuance of a resolution of either House of
Parliament.”
(6) After section 188A (as inserted by subsection (5) above) insert—
“188B Defences to commission of cartel offence
(1) In a case where the arrangements  would (operating  as the parties
intend) affect the supply in the Unit ed Kingdom of a product or service,
it is a defence for an individual charged with an offence under section188(1) to show that, at the time of the making of the agreement, he orshe did not intend that the nature of the arrangements would beconcealed from customers at all time s before they enter into agreements
for the supply to them of the product or service.
(2) It is a defence for an individual charged with an o ffence under section
188(1) to show that, at the time of the making of the agreement, he orshe did not intend that the nature of the arrangements would beconcealed from the CMA.Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 4 — Competition Reform
Chapter 4 — Cartels44
(3) It is a defence for an individual charged with an o ffence under section
188(1) to show that, before the making of the agreement, he or she tookreasonable steps to ensure that th e nature of the arrangements would
be disclosed to professional legal ad visers for the purposes of obtaining
advice about them before their making or (as the case may be) theirimplementation.”
(7) After section 190 of the 2002 Act insert—
“190A Cartel offence: prosecution guidance
(1) The CMA must prepare and publish guidance on the principles to be
applied in determining, in any case, whether proceedings for an offence
under section 188(1) sh ould be instituted.
(2) The CMA may at any time issue revised or new guidance.(3) Guidance published by the CMA unde r this section is to be published
in such manner as it considers appropriate.
(4) In preparing guidance under th is section the CMA must consult—
(a) the Director of th e Serious Fraud Office;
(b) the Lord Advocate; and
(c) such other persons as it considers appropriate.”
(8) The amendments made by  subsections (1) to (6) a pply only in relation to
agreements falling with in section 188(1) of the 2002 Act which—
(a) are made after the commencement of this section, and
(b) relate to arrangements made or to be made after that commencement.
48 Extension of power to issue warrants to CAT
(1) Section 194 of the 2002 Act (power to enter premises under a warrant) is
amended as follows.
(2) In subsection (1), for the words from the beginning to “if he is satisfied”
substitute “On an applicat ion made to it by the CMA or, in Scotland, the
procurator fiscal, the appropriate body may issue a warrant if it is satisfied”. 
(3) After subsection (1) insert—
“(1A) In subsection (1), “appropriate body” means—
(a) in England and Wales and Northe rn Ireland, the High Court or
the Competition Appeal Tribunal;
(b) in Scotland, the sheriff.”
(4) After subsection (4) insert—
“(4A) An application for a warrant under this section must be made—
(a) in the case of an application to  the High Court or the sheriff, in
accordance with rules of court;
(b) in the case of an application to the Competition Appeal
Tribunal, in accordance with rules made under section 15.”
(5) In Schedule 4 to that Act, before paragraph 11, but after the cross-headingEnterprise and Regulatory Reform Act 2013 (c. 24)
Part 4 — Competition Reform
Chapter 4 — Cartels45
immediately preceding it, insert—
“10A(1) Tribunal rules may make pr ovision as to proceedings on an
application for a warrant under section 194 of this Act or section 28,28A, 62, 62A, 63, 65G or 65H of the 1998 Act, including provision—
(a) for the Tribunal dealing with  the proceedings to consist only
of the President or a member  of the panel of chairmen;
(b) as to the manner in whic h the proceedings are to be
conducted, including provision—
( i ) f o r  s u c h  a p p l i c a t i o n s  t o  b e  d e t e r m i n e d  w i t h o u t  a
hearing;
(ii) in cases where there is a hearing, for it to be held in
private if the Tribunal considers it appropriate
because it is considering information of a kindmentioned in paragraph 1(2);
(c) as to the persons entitled to  b e  h e a r d  i n  s u c h  p r o c e e d i n g s
(where there is a hearing);
(d) for requiring persons to attend  to give evidence and produce
documents, and for authorising the administration of oaths
to witnesses;
(e) as to the evidence which may be  required or admitted and the
extent to which it shou ld be oral or written;
(f) allowing the Tribunal to fix time-limits with respect to any
aspect of the proceedings and to extend any time-limit(before or after its expiry).
(2) Paragraphs 2 to 8, and 11 to 17, of this Schedule do not apply in
relation to the institution or co nduct of proceedings for a warrant
mentioned in sub-paragraph (1).”
(6) In section 14 of that Ac t (constitution of Tribunal for particular proceedings
and its decisions), in subsection (5), fo r “paragraph 18” substitute “paragraphs
10A(1)(a) and 18”.
C
HAPTER  5
MISCELLANEOUS
Enforcement orders: markets and mergers
49 Enforcement orders: monitoring compliance and determination of disputes
In Schedule 8 to the 2002 Act (provision that may be contained in certain
enforcement orders made under Part 3 or  4 of that Act), after paragraph 20B
insert—
“Monitoring of compliance an d determination of disputes
20C (1) An order may provide for the a ppointment of one or more than one
person (referred to in this para graph as an “appointee”) by the
relevant authority or by such ot her persons as may be specified or
described in the order to—Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 4 — Competition Reform
Chapter 5 — Miscellaneous46
(a) monitor compliance with such  terms of the order as are so
specified or described or terms of any directions given under
the order;
(b) determine any dispute betw een persons who are subject to
the order about what is required by any such terms.
(2) An order made by virtue of this  paragraph must make provision as
to the terms of an appointee’s appointment.
(3) A determination made by virtue of an order under this paragraph is
binding on—
(a) any person who is subject to the order;
(b) the relevant authority; and
(c) in the case where the relevant authority is the Secretary of
State, the CMA.”
50 Enforcement orders: provision of information
(1) Schedule 8 to the 2002 Act (provision that may be contained in certain
enforcement orders ma de under Part 3 or 4 of that Act) is amended as follows.
(2) Omit paragraph 15 (publication  etc. of price information).
(3) Paragraph 17 (publication etc. of other information) is amended as follows.
(4) In sub-paragraph (1)—
(a) in the words before paragraph (a), after “publish” insert “or otherwise
notify”, and
(b) after paragraph (c) insert—
“(d) information in relation to prices of the goods or
services supplied;
(e) such other information in relation to the goods or
services supplied as the re levant authority considers
appropriate.”
(5) After sub-para graph (1) insert—
 “(1A) An order may prohibit the pu blication or othe r notification of
information falling within sub-pa ragraph (1)(a) to (e) by a person
supplying goods or services.”
(6) In paragraph 18 (supplem entary provision about or ders under paragraphs 15
and 17), omit “15 or”.
Concurrency
51 Powers of sectoral regulators
(1) Section 54 of the 1998 Act (concurre nt powers for regula tors) is amended as
follows.
(2) In subsection (6)—
(a) after “may” insert “—
(a) prescribe circumstances in which the CMA may decide
that, in a particular case, it is  to exercise Part 1 functions
in respect of the case rather than a regulator;Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 4 — Competition Reform
Chapter 5 — Miscellaneous47
(b) ”, and
(b) after “Secretary of State” insert “, the CMA”.
(3) After subsection (6) insert—
“(6A) Where the regulations make provision as mentioned in subsection
(6)(a), they must—
(a) include provision requiring th e CMA to consult the regulator
concerned before making a decision that the CMA is to exercisePart 1 functions in respect of a particular case, and
(b) provide that, in a case where a regulator has given notice under
s e c t i o n  3 1 ( 1 )  t h a t  i t  p r o p o s e s  t o  m a k e  a  d e c i s i o n  ( w i t h i n  t h emeaning given by section 31(2)),  the CMA may only decide that
it is to exercise Part 1 functions in respect of the case rather than
the regulator if the regulator consents.”
(4) After subsecti on (6A) insert—
“(6B) The Secretary of State may by regulations make provision requiring
arrangements to be made for th e sharing of information between
competent persons in connection with concurrent cases.
(6C) For the purposes of subsection (6 B), “a concurrent case” is a case in
respect of which—
(a) the CMA considers that Part 1 functions are, or (but for
provision made under subsection (5)(e)) wo uld be, exercisable
by both it and any regulator;
(b) any regulator considers that Pa rt 1 functions are, or (but for
provision made under subsection (5)(e)) wo uld be, exercisable
by it.”
(5) Schedule 14 (which makes provision governing the relationship between the
powers of regulators under the 1998  Act and those unde r sector-specific
legislation) has effect.
52 Power to remove concurrent compe tition functions of sectoral regulators
(1) The Secretary of State may make a sectoral regulator order if the Secretary of
State considers that it is appropriate to do so for the purpose of promoting
competition, within any market or markets in the United Kingdom, for thebenefit of consumers.
(2) A sectoral regulator order is an orde r that amends one or more enactments so
as to remove from a sectoral regula tor either or both of the following—
(a) all the functions of the regulator under Part 1 of the 1998 Act that are
exercisable concurrently by the regulator and the Competition and
Markets Authority (“the CMA”) or that  would be so exercisable but for
provision made by virtue of section 54(5)(e) of that Act;
(b) all the functions of the regulator under Part 4 of the 2002 Act that are
exercisable concurrently by the regulator and the CMA.
(3) A sectoral regulator order may make such other amendments of any enactment
as the Secretary of State considers appr opriate in consequence of the removal
of the functions.
(4) Each of the following is a sectoral regulator—
(a) the Office of Communications;Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 4 — Competition Reform
Chapter 5 — Miscellaneous48
(b) the Gas and Electric ity Markets Authority;
(c) the Water Services Regulation Authority;
(d) the Office of Rail Regulation;
(e) the Northern Ireland Autho rity for Utility Regulation;
(f) the Civil Aviation Authority.
(5) A sectoral regulator order may incl ude transitional, transitory or saving
provision.
(6) A statutory instrument containing a sectoral regulator order is not to be made
unless a draft of the instrument has been laid before, and approved by a
resolution of, each House of Parliament.
(7) In this section—
“amend” includes repeal or revoke;
“enactment” includes—
(a) an enactment contained in subordinate legislation (within the
meaning of the Interpretation Act 1978),
(b) an enactment contained in, or in an instrument made under, an
Act of the Scottish Parliament,
(c) an enactment contained in, or in an instrument made under, a
Measure or Act of the National Assembly for Wales, and
(d) an enactment contained in, or in an instrument made under,
Northern Ireland legislation.
(8) The references to the CMA in subsection (2) are to be read, in relation to any
time before the commencement of section 25(3), as references to the Office of
Fair Trading.
53 Orders under section 52: procedural requirements
(1) If the Secretary of State proposes to  make a sectoral regulator order, the
Secretary of State must carry ou t the first stage consultation.
(2) The first stage consultati on is consultation with—
(a) the regulator whose functions would be removed by the order,
(b) the Competition and Markets Authority,
(c) where the regulator is the Office  of Rail Regulation, the Scottish
Ministers,
(d) where the regulator is the Nort hern Ireland Authority for Utility
Regulation, the Department of En terprise, Trade and Investment in
Northern Ireland and the Department for Regional Development inNorthern Ireland, and
(e) where the regulator is the Water Services Regulation Authority, the
Welsh Ministers.
(3) If (following the first stage consultation ) the Secretary of State still proposes to
make a sectoral regulator order, the Secretary of State must carry out the
second stage consultation.
(4) The second stage consultation is consultation with—
(a) the persons consulted at the first stage,Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 4 — Competition Reform
Chapter 5 — Miscellaneous49
(b) any bodies who appear to the Secretary of State to represent the
interests of persons in respect of whom the functions that would beremoved by the order are exerci sable (“regulated providers”),
(c) any bodies who appear to the Secretary of State to represent the
interests of persons who use the services supplied by regulated
providers, and
(d) such other persons as the Secretary of State considers appropriate.
(5) The Secretary of State must give th e following information to each of the
persons consulted as part of the firs t stage or second stage consultation—
(a) an explanation as to whether the Secretary of State is proposing to
remove the functions of the regulator mentioned in subsection (2)(a) of
section 52, the functions of the regulator mentioned in subsection (2)(b)of that section or both sets of functions;
(b) the reasons why the Secretary of St ate considers it appropriate to make
the order.
(6) The reference to the Competition and Ma rkets Authority in subsection (2) is to
be read, in relation to any time before the commencement of section 25(3), as areference to the Office of Fair Trading.
(7) In this section, “sectoral regulator order” has the same meaning as in section 52.
Miscellaneous
54 Recovery of CMA’s costs in respect of price control references
After section 193 of the Communications Act 2003 (reference of price control
matters) insert—
“193A Recovery of CMA’s costs in respect of price control references
(1) Where a determination is made on  a price control matter referred by
virtue of section 193, the CMA may make an order in respect of the
costs incurred by it in connection with the reference (a “costs order”).
(2) A costs order may require the paym ent to the CMA of some or all of
those costs by such parties to th e appeal which gave rise to the
reference, other than OFCOM, as the CMA considers appropriate.
(3) A costs order must—
(a) set out the total costs incurred  by the CMA in connection with
the reference, and
(b) specify the proportion  of those costs to be paid by each party to
the appeal in respect of whom the order is made.
(4) In deciding on the proportion of cost s to be paid by a party to the appeal
the CMA must, in particular, consider—
(a) the extent to which the determ ination on the reference upholds
OFCOM’s decision in relation to the price control matter in
question,
(b) the extent to which the costs were attributable to the
involvement in the appeal of the party, and
(c) the conduct of the party.
(5) A costs order— Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 4 — Competition Reform
Chapter 5 — Miscellaneous50
(a) must be made as soon as reasonably practicable after the
making of the determinatio n on the reference, but
(b) does not take effect unless th e Tribunal, in deciding the appeal
which gave rise to the reference, decides the price control matterwhich is the subject of the refe rence in accordance with the
determination of the CMA (see section 193(6)).
(6) In a case where the Tribunal decides the price control matter in
question otherwise than as mentio ned in subsection (5)(b), the CMA
may make an order under this subsection in respect of the costsincurred by it in connec tion with the reference.
(7) Subsections (2) to (4) apply in rela tion to an order under subsection (6)
as they apply in relation to an order under subsection (1); but for thatpurpose the reference in subsection (4)(a) to the determination on the
reference is to be read  as a reference to the decision of the Tribunal
mentioned in subsection (6).
(8) An order under subsection (6) must be made as soon as reasonably
practicable after the decision of the Tribunal mentioned in thatsubsection.
(9) An amount payable to the CMA by virtue of an order made under this
section is recoverable summ arily as a civil debt (b ut this does not affect
any other method of recovery).
(10) The CMA must pay any sums it rece ives by virtue of this section into
the Consolidated Fund.
(11) The functions of the CMA under th is section, other than those under
subsections (9) and (10), are to be carried out on behalf of the CMA by
the group constituted by the chair of the CMA in relation to the
reference in question.”
55 Disclosure etc. of information: offences
In section 241 of the 2002 Act (discl osure of information for the purpose of
exercise of statutory functions) , after subsection (2) insert—
“(2A) Information disclosed under subsection (1) so that it is not made
available to the public must not be used by the person to whom it is
disclosed for any purpose other than that mentioned in subsection (1).”
56 Review of certain provisions of Chapters 1 and 2
(1) The Secretary of State must, before the end of each review period—
(a) carry out a review of the provisions of this Part mentioned in
subsection (2), and
(b) prepare and publish a report settin g out the conclusions of the review.
(2) The provisions of this Part are—
(a) sections 29 and 36 and Schedule 11 (investigation powers: mergers and
markets),
(b) section 30 and Schedule 7 (interim measures and pre-emptive action:
mergers), andEnterprise and Regulatory Reform Act 2013 (c. 24)
Part 4 — Competition Reform
Chapter 5 — Miscellaneous51
(c) sections 32 and 38 and Schedules 8 and 12 (time-limits etc: mergers and
markets).
(3) The report must  in particular—
(a) set out the objectives intended to be achieved by the provisions,
(b) assess the extent to which those ob jectives have be en achieved, and
(c) assess whether those objectives remain appropriate and, if so, the
extent to which they could be achieved in another way which imposedless regulation.
(4) The Secretary of State must lay the report before Parliament.
(5) Each of the following is a review pe riod for the purposes of this section—
(a) the period of 5 years beginning wi th the first day on which any of the
provisions mentioned in  subsection (2) come s into force (whether
wholly or partly), and 
(b) each successive period of 5 years.
57 Minor and consequential amendments
Schedule 15 (which makes minor and consequential amendments related to
this Part) has effect.
58 Interpretation
In this Part—
“the 1998 Act” means the Competition Act 1998;
“the 2002 Act” means the Enterprise Act 2002.
P
ART 5
REDUCTION  OF LEGISLATIVE  BURDENS
Sunset and review
59 Sunset and review provisions
(1) The Interpretation Act 19 78 is amended as follows.
(2) After section 14 (implie d power to amend) insert—
“14A Power to include sunset and re view provisions in subordinate 
legislation
(1) This section applies where an Act confers a power or a duty on a person
to make subordinate legislation except to the extent that—
(a) the power or duty is exercisable by the Scottish Ministers, or
(b) the power or duty is exerci sable by any other person within
devolved competence (within the meaning of the Scotland Act1998). 
(2) The subordinate legislation may include—
(a) provision requiring the person to  review the effectiveness of the
legislation within a specified period or at the end of a specifiedperiod; Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 5 — Reduction of legislative burdens52
(b) provision for the legi slation to cease to have effect at the end of
a specified day or a specified period;
(c) if the power or duty is being exercised to amend other
subordinate legislation, provision of the kind mentioned inparagraph (a) or (b) in relation to that other legislation.
(3) The provision that may be made by  virtue of subsection (2)(a) includes
provision requiring the person to  consider whether the objectives
which it was the purpose of the legislation to achieve remainappropriate and, if so, whether they could be achieved in another way.
(4) Subordinate legislation includin g provision of a kind mentioned in
subsection (2) may make such provision generally or only in relation to
specified provisions of the le gislation or specified cases or
circumstances.
(5) Subordinate legislation includin g provision of a kind mentioned in
subsection (2) may make  transitional, consequential, incidental or
supplementary provision or savings in  connection with such provision.
(6) In this section, “specified” me ans specified in the subordinate
legislation.”
(3) In paragraph 1 of Schedule 2, after the entry for section 11 insert—
“Section 14A”.
Heritage planning etc
60 Listed buildings in England: agreements and orders granting listed building 
consent
(1) The Planning (Listed Buildings and Conservation Areas) Act 1990 is amended
as follows.
(2) In Chapter 2 of Part 1, after section 26 insert—
“Buildings in England: heritage partnership agreements
26A Heritage partnership agreements
(1) A relevant local planning author ity may make an agreement under this
section (a “heritage partnership agr eement”) with any owner of a listed
building, or a part of such a building, situated in England.
(2) Any of the following may also be a party to a heritage partnership
agreement in addition to an owner and the relevant local planningauthority—
(a) any other relevant local planning authority;
(b) the Secretary of State;
(c) the Commission;
(d) any person who has an inte rest in the listed building;
(e) any occupier of the listed building;
(f) any person involved in the mana gement of the listed building;
(g) any other person who appears to the relevant local planning
authority appropriate as havi ng special knowledge of, orEnterprise and Regulatory Reform Act 2013 (c. 24)
Part 5 — Reduction of legislative burdens53
interest in, the listed building, or  in buildings of architectural or
historic interest more generally.
(3) A heritage partnership agreement may contain provision— 
(a) granting listed building consent under section 8(1) in respect of
specified works for the alteration or extension of the listedbuilding to which the agreement relates, and
(b) specifying any conditions to  which the consent is subject.
(4) The conditions to which listed bu ilding consent may be subject under
subsection (3)(b) in respect of spec ified works are those that could be
attached to listed buildi ng consent in respect of the works if consent
were to be granted under section 16.
(5) If a heritage partnership agreement contains provision under
subsection (3), nothing in  sections 10 to 26 and 28 applies in relation to
listed building consent for the sp ecified works, subject to any
regulations under section 26B(2)(f).
(6) A heritage partnership agreement may also—
(a) specify or describe works that  would or would not, in the view
of the parties to the agreement, affect the character of the listed
building as a building of spec ial architectural or historic
interest;
(b) make provision about the mainte nance and preservation of the
listed building;
(c) make provision about the carryin g out of specified work, or the
doing of any specified thing, in  relation to the listed building;
(d) provide for public access to the listed building and the
provision to the public of associated facilities, information orservices;
(e) restrict access to, or use of, the listed building;
(f) prohibit the doing of any specifie d thing in relation to the listed
building;
(g) provide for a relevant public  authority to make payments of
specified amounts and on specified terms— 
(i) for, or towards, the costs of any works provided for
under the agreement; or
(ii) in consideration of any restriction, prohibition or
obligation accepted by any other party to the agreement.
(7) For the purposes of subsection (6)(g ), each of the following, if a party to
the agreement, is a relevant public authority—
(a) the Secretary of State;
(b) the Commission;
(c) a relevant local planning authority.
(8) In this section “specified” means sp ecified or described in the heritage
partnership agreement.
(9) In this section and section 26B—
“ o w n e r ” ,  i n  r e l a t i o n  t o  a  l i s t e d  b u i l d i n g  o r  a  p a r t  o f  s u c h  a
building, means a person wh o is for the time being — 
(a) the estate owner in respec t of the fee simple in the
building or part; or Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 5 — Reduction of legislative burdens54
(b) entitled to a tenancy of th e building or part granted or
extended for a term of years certain of which not lessthan seven years remain unexpired;
“relevant local planning authority”, in relation to a listed building,
means a local planning authority in whose area the building or
any part of the building is situated.
26B Heritage partnership agreements: supplemental
(1) A heritage partnership agreement—
(a) must be in writing;
(b) must make provision for the parties to review its terms at
intervals specified in the agreement; 
(c) must make provision for its termination and variation; 
(d) may relate to more than one listed building or part, provided
that in each case a relevant local planning authority and anowner are parties to the agreement; and
(e) may contain incidental and consequential provisions.
(2) The Secretary of State may by regulations make provision—
(a) about any consultation that must take place before heritage
partnership agreements are made or varied;
(b) about the publicity that must be given to heritage partnership
agreements before or after they are made or varied;
(c) specifying terms that  must be included in heritage partnership
agreements;
(d) enabling the Secretary of State or any other person specified in
the regulations to terminate by  order a heritage partnership
agreement or any provisio n of such an agreement;
( e ) a b o u t  t h e  p r o v i s i o n  t h a t  m a y  b e  i n c l u d e d  i n  a n  o r d e r  m a d e
under regulations un der paragraph (d), including provision
enabling such orders to cont ain supplementary, incidental,
transitory, transitional  or saving provision;
(f) applying or reproducing, with  or without modifications, any
provision of sections 10 to 26 and 28 for the purposes of heritagepartnership agreements;
(g) providing for any of the foll owing, as they apply for the
purposes of provisions mentio ned in paragraph (f), to apply
with any modifications conseque ntial on provision made under
that paragraph—
(i) sections 30 to 37;
(ii) sections 62 and 63;
(iii) Parts 3 and 4;
(iv) Schedule 3.
(3) Regulations made under subsection  (2)(a) may, in particular, include
provision as to—
(a) the circumstances in which consultation must take place;
(b) the types of listed building in respect of which consultation
must take place;
(c) who must carry out the consultation;Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 5 — Reduction of legislative burdens55
(d) who must be consulted (including provision enabling the
Commission to direct who is to be  consulted in particular cases);
and
(e) how the consultation  must be carried out.
(4) Listed building consent granted by a heritage partnership agreement
(except so far as the agreement or regulations under subsection (2)otherwise provide) enures for the benefit of the building and of all
persons for the time being interested in it.
(5) Subject to subsection (4), a he ritage partnershi p agreement cannot
impose any obligation or liability, or confer any right, on a person who
is not party to the agreement.
(6) Section 84 of the Law of Proper ty Act 1925 (power to discharge or
modify restrictive covenant) does not apply to a heritage partnershipagreement.”
(3) After section 26B insert—
“Buildings in England: orders g ranting listed building consent
26C Listed building consent orders
(1) The Secretary of State may by orde r (a “listed buildi ng consent order”)
grant listed building consent under se ction 8(1) in respect of works of
any description for the alteration or extension of listed buildings of any
description in England.
(2) The consent may be granted subject to conditions specified in the order.(3) Without prejudice to the generality  of subsection (2), the conditions
that may be specified include any conditions subject to which listed
building consent may be gr anted under section 16.
(4) A listed building consent order may (without prejudice to section 17(2))
give the local planning authority po wer to require details of works to
be approved by them, and may grant consent subject to conditions withrespect to—
(a) the making of an application to the authority for a
determination as to whether su ch approval is required, and
(b) the outcome of such an applicat ion or the way it is dealt with.
(5) A listed building consent order may enable the Secretar y of State or the
local planning authority to direct that consent granted by the order
does not apply—
(a) to a listed building specified in the direction;
(b) to listed buildings of a descri ption specified in the direction;
(c) to listed buildings in an ar ea specified in the direction.
(6) An order may in particular make  provision about the making, coming
into force, variation and revocation  of such a direction, including
provision conferring powers on the Secretary of State in relation to
directions by a local planning authority.
(7) Nothing in sections 10 to 26 a pplies in relation to listed building
consent granted by a listed building consent order; but that does not
affect the application of sections 20, 21 and 22 in relation to anEnterprise and Regulatory Reform Act 2013 (c. 24)
Part 5 — Reduction of legislative burdens56
application for approval required by a condition to which consent is
subject.
26D Local listed building consent orders
(1) A local planning authority for an y area in England may by order (a
“local listed building consent orde r”) grant listed building consent
under section 8(1) in respect of works of any description for the
alteration or extension of listed buildings.
(2) Regulations under this Act may pr ovide that subsection (1) does not
apply to listed buildings of an y description or in any area.
(3) The consent granted by a local listed building consent order may
relate—
(a) to all listed buildings in the ar ea of the authority or any part of
that area;
(b) to listed buildings of any descript ion in that area or any part of
that area.
(4) The consent may be granted subject to conditions specified in the order.
(5) Without prejudice to the generality  of subsection (4), the conditions
that may be specified include any subject to which listed buildingconsent may be granted under section 16.
(6) A local listed building consent order may enable the local planning
authority to direct that the consen t granted by the order in respect of
works of any description does not apply—
(a) to a listed building specified in the direction;
(b) to listed buildings of a descri ption specified in the direction;
(c) to listed buildings in an ar ea specified in the direction.
(7) An order may in particular make  provision about the making, coming
into force, variation and revocation  of such a direction, including
provision conferring powers on the Secretary of State.
(8) Nothing in sections 10 to 26 a pplies in relation to listed building
consent granted by a local listed bu ilding consent order; but that does
not affect the application of sections 20, 21 and 22 in relation to anapplication for approval required by a condition to which consent issubject.
(9) Schedule 2A makes provision in co nnection with local listed building
consent orders.
26E Powers of Secretary of State in relation to local orders
(1) At any time before a local listed bu ilding consent order is adopted by a
local planning authority the Secretary of State may direct that the order
(or any part of it) is not to be ad opted without the Secretary of State’s
approval.
(2) If the Secretary of State gives a direction under subsection (1)—
(a) the authority must not take an y step in connection with the
adoption of the order until they have submitted the order or the
part to the Secretary of State and the Secretary of State hasdecided whether to approve it;Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 5 — Reduction of legislative burdens57
(b) the order has no e ffect unless it (or the part) has been approved
by the Secretary of State.
(3) In considering an order or part submitted under subs ection (2)(a) the
Secretary of State may take account of any matter the Secretary of State
thinks relevant.
(4) It is immaterial whether any such matter was taken account of by the
local planning authority.
(5) The Secretary of State—
(a) may approve or reject an orde r or part of an order submitted
under subsection (2)(a);
(b) must give reasons for that decision.
(6) The Secretary of State—
(a) may at any time before a loca l listed building consent order is
adopted by the local planning authority, direct them to modifyit in accordance with the direction;
(b) must give reasons for any such direction.
(7) The local planning authority—
(a) must comply with a direction under subsection (6);
(b) must not adopt the order unless the Secretary of State gives
notice of being satisfied that they have complied with the
direction.
(8) The Secretary of State—
(a) may at any time by order revo ke a local listed building consent
order if of the opinion that it is expedient to do so;
(b) must give reasons for doing so.
(9) The Secretary of State—
(a) must not make an order un der subsection (8) without
consulting the loca l planning authority;
(b) if proposing to make such an order, must serve notice on the
local planning authority.
(10) A notice under subsection (9)(b) must specify the period (which must
not be less than 28 days from the date of its service) within which theauthority may require an opportunity of appearing before and beingheard by a person appointed by the Secretary of State for the purpose.
(11) The Secretary of State must give the authority such an opportunity if
they require it within the period specified in the notice.
26F Considerations in making orders
(1) In considering whether to make a listed building consen t order or local
listed building consent order the Se cretary of State or local planning
authority must have special regard to the desirability of preserving—
(a) listed buildings of a description to which the order applies,
(b) their setting, or
(c) any features of special architectural or historic interest which
they possess.Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 5 — Reduction of legislative burdens58
(2) Before making a listed building co nsent order the Secretary of State
must consult the Commission.
26G Effect of revision or revocation of order on incomplete works
(1) A listed building consent order or local listed building consent order
may include provision permitting  the completion of works if—
(a) listed building consent is grante d by the order in respect of the
works, and
(b) the listed building consent is withdrawn after the works are
started but before they are completed.
(2) Listed building consent gran ted by an order is withdrawn—
(a) if the order is revoked;
(b) if the order is varied or (in the case of a local listed building
consent order) revised so that it ceases to grant listed buildingconsent in respect of the works or materially changes anycondition or limitation to whic h the grant of listed building
consent is subject;
(c) if a direction applying to the listed building is issued under
powers conferred under section 26C(5) or 26D(6).”
(4) After section 28 insert—
“28A Compensation where consent form erly granted by order is granted 
conditionally or refused
(1) Section 28 also has effect (subje ct to subsections (2) and (3)) where—
(a) listed building consent grante d by a listed building consent
order or a local listed buildi ng consent order is withdrawn
(whether by the revocation or am endment of the order or by the
issue of a direction), and
(b) on an application for listed building consent made within the
prescribed period after the withdrawal, consent for worksformerly authorised by the order is refused or is granted subject
to conditions other than those imposed by the order.
(2) Section 28 does not have effect  by virtue of subsection (1) if—
(a) the works authorised by the order were started before the
withdrawal, and
(b) the order included provisio n in pursuance of section 26G
permitting the works to be completed after the withdrawal.
(3) Section 28 does not have effect  by virtue of subsection (1) if—
(a) notice of the withdrawal wa s published in the prescribed
manner and within the pres cribed period before the
withdrawal, and
(b) the works authorised by the or der were not started before the
notice was published.
(4) Where section 28 has effect by virt ue of subsection (1), references in
section 28(2) and (3) to the revocation  or modification of listed building
consent are references to the withdr awal of the listed building consent
by revocation or amendment of the or der or by issue of the direction.”
(5) Schedule 16 (which inserts Schedule 2A  to the Planning (Listed Buildings and
Conservation Areas) Act 1990) has effect.Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 5 — Reduction of legislative burdens59
61 Listed buildings in England: certificates of lawfulness 
In the Planning (Listed Buildings an d Conservation Areas) Act 1990 after
section 26G insert—
“Buildings in England: certificates of lawfulness
26H Certificate of lawfulness of proposed works
(1) A person who wishes to ascertain whether proposed works for the
alteration or extension of a listed building in England would be lawful
may make an application to the local planning authority specifying thebuilding and describing the works.
(2) For the purposes of this section works would be lawful if they would
not affect the character of the listed building as a building of special
architectural or hi storic interest.
(3) If on an application under this section the local planning authority are
provided with information satisfying  them that the works described in
the application would be lawful at the time of the application, they
must issue a certificate to that effect; and in any other case they mustrefuse the application.
(4) A certificate under this section must—
(a) specify the building to which it relates;
(b) describe the works concerned;
(c) give the reasons for determ ining that the works would be
lawful; and
(d) specify the date of issue of the certificate.
(5) Works for which a certificate is issued under this section are to be
conclusively presumed to be lawful, provided that—
(a) they are carried out within 10 years beginning with the date of
issue of the certificate, and
(b) the certificate is not revoked under section 26I.
26I Certificates under section 26H: supplementary
(1) An application for a certificate under section 26H must be made in such
manner as may be prescribed by regulations under this Act.
(2) An application must include such pa rticulars, and be verified by such
evidence, as may be required—
(a) by the regulations,
(b) by any directions given under the regulations, or
(c) by the local planning authority.
(3) Regulations under this Act may make provision about how
applications for a certificate under section 26H are to be dealt with by
local planning authorities.
(4) In particular, regulations may pr ovide for requiring the authority—
(a) to give to any appl icant within a prescribed period such notice
as may be prescribed as to the manner in which the applicationhas been dealt with; andEnterprise and Regulatory Reform Act 2013 (c. 24)
Part 5 — Reduction of legislative burdens60
(b) to give to the Secretary of State, and to such other persons as
may be prescribed, prescribed in formation with respect to such
applications made to the author ity, including information as to
the manner in which any application has been dealt with.
(5) A certificate under section 26H may be issued--
(a) for the whole or part of the listed building specified in the
application; and
(b) for all or part of the work s described in the application;
and must be in such form  as may be prescribed.
(6) A local planning authority may re voke a certificate under section 26H
if, on the application for the certificate—
(a) a statement was made or document used which was false in a
material particular; or
(b) any material information was withheld.
(7) Regulations under this section ma y make provision for regulating the
manner in which certificates may be revoked and the notice to be given
of such revocation.
26J Offences
(1) A person is guilty of an offenc e if, for the purpose of procuring a
particular decision on an applicatio n (whether or not by that person)
for the issue of a certificate under section 26H, the person—
(a) knowingly or recklessly make s a statement which is false or
misleading in a material particular;
(b) with intent to deceive, uses  any document which is false or
misleading in a material particular; or
(c) with intent to deceive, with holds any material information.
(2) A person guilty of an offenc e under subsection (1) is liable—
(a) on summary conviction, to a fine not exceeding the statutory
maximum; or
(b) on conviction on indictment, to imprisonment for a term not
exceeding two years, or a fine, or both.
(3) Notwithstanding section 127 of the Magistrates’ Courts Act 1980, a
magistrates’ court may try an info rmation in respect of an offence
under subsection (1) whenever laid.
26K Appeals against refusal or failure  to give decision on application
(1) Where an application is made to a local planning authority for a
certificate under section 26H and—
(a) the application is refuse d or is refused in part, or
(b) the authority do not give notice to the applicant of their decision
on the application within such  period as may be prescribed
under section 26I or within such extended period as may at anytime be agreed in writing between the applicant and the
authority,
the applicant may by notice appe al to the Secretary of State.
(2) A notice of appeal under this section—Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 5 — Reduction of legislative burdens61
(a) must be served within such time and in such manner as may be
prescribed;
(b) must be accompanied by such information as may be
prescribed.
(3) The time prescribed for the service of a notice of appeal under this
section must not be less than—
(a) 28 days from the date of noti fication of the decision on the
application; or
(b) in the case of an appeal under subsection (1)(b),  28 days from—
(i) the end of the period prescribed as mentioned in
subsection (1)(b), or
(ii) as the case may be, the extended period mentioned in
subsection (1)(b).
(4) On an appeal under this section, the Secretary of State must grant the
appellant a certificate under section 26H or, in the case of a refusal inpart, modify the certificate granted by the authority on the application,
if and so far as the Secret ary of State is satisfied—
(a) in the case of an appeal un der subsection (1 )(a), that the
authority’s refusal is not well-founded, or
(b) in the case of an appeal unde r subsection (1)(b ), that if the
authority had refused the application their refusal would not
have been well-founded.
(5) If and so far as the Secretary of St ate is satisfied that the authority’s
refusal is or, as the case may be, would have been well-founded, the
Secretary of State must dismiss the appeal.
(6) Where the Secretary of State grants a certificate under section 26H on
an appeal under this section, the Se cretary of State must give notice to
the local planning authority of that fact.
(7) References in this section to a refusa l of an application in part include a
modification or substitution of the description in the application of the
works concerned.
(8) Schedule 3 applies to an appeal under this section.”
62 Osborne estate
(1) Section 1 of the Osborne Estate Act 1902 is amended as follows.(2) In subsection (3) (land to be manage d in accordance wi th Crown Lands Act
1851) omit “as if it had been committ ed to their management under section
twenty-two of the Crown Lands Act, 1851”.
(3) Omit subsection (4 )(b) (part of house and grounds to be used for the benefit of
officers and their families).
(4) Omit the following provisions (which re late to land no longer forming part of
the Osborne estate)—
(a) in subsection (3) the words from “and the part” to “Barton House and
grounds)”;
(b) in subsection (4) the words from “And the Commissioners” to the end.Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 5 — Reduction of legislative burdens62
(5) The Osborne Estate Act 1914 (which  gives power to extend the classes of
persons who may benefit under section 1(4)(b) of the Osborne Estate Act 1902)is repealed.
63 Heritage planning regulation
Schedule 17 (heritage planning regulation) has effect.
Equality Acts
64 Commission for Equality and Human Rights
(1) In the Equality Act 2006 omit—
(a) sections 10(1) and (4) to (8) and 19 (groups);
(b) section 27 (conciliation).
(2) In section 12(4)(b) of that Act (monit oring progress: reports every three years)
for “three” substitute “five”.
(3) The following subsections make further amendments to the Equality Act 2006.
(4) In section 7(3) (Scotland: human rights) omit “or 10”.
(5) In section 9(4) and (5) (human rights) omit “or 10”.
(6) In section 12 (m onitoring progress)—
(a) in subsection (1)(a) for “the aim specified in section 3” substitute “the
duties specified in sections 8 and 9”;
(b) in subsection (1)(b) for “the deve lopment of the society described in
section 3” substitute “changes in society that are consistent with thoseduties”.
(7) In section 13(1) (information, advice etc) for “to 10” substitute “and 9”.
(8) In section 16(1) (inquiries) for “, 9 and 10” substitute “and 9”.
(9) In section 17(1) (grants) fo r “to 10” substitute “and 9”.
(10) In section 39(4) (orders and regulations) for “10(6), 15(6) or 27(1 0)” substitute
“15(6)”.
(11) In Schedule 1 (the Commission)—
(a) in paragraph 39 omit “or 27”;
(b) omit paragraph 52(1)(a)(v) and (vi) and (b);
(c) for paragraph 52(3)(b) substitute—
“(b) section 8, in so far as it relates to disability, and”;
(d) in paragraph 52(3)(c) om it “, 27(2) and (3)”.
(12) The following subsections amend th e Equality Act 2010 in consequence of
subsection (1).
(13) In section 118 (time limits)—
(a) in subsection (2) omit “or (4)”;
(b) omit subsection (4).
(14) In Schedule 17 (disable d pupils: enforcement) omit—Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 5 — Reduction of legislative burdens63
(a) paragraph 4(2) (time limits wher e dispute referred to conciliation
under section 27 of the Equality Act 2006);
(b) in paragraph 4(2A), “or for concil iation in pursuance of arrangements
under section 27 of the Equality Act 2006”.
65 Equality Act 2010: third part y harassment of employees
In section 40 of the Equality Act 2010 (employees and applicants: harassment)
omit subsections (2) to (4).
66 Equality Act 2010: obtaining information for proceedings
(1) In the Equality Act 2010, omit section 138 (obtaining information, etc).
(2) That does not affect section 138 for the purposes of proceedings that relate to a
contravention occurring before this section comes into force.
Regulatory Enforcement and Sanctions Act 2008
67 Primary authorities
(1) Section 22 of the Regulatory Enforcem ent and Sanctions Act 2008 (scope of Part
2) is amended in accordance with subsection s (2) to (5).
(2) Before subsection (1), insert—
“(A1) This Part applies in relation to a person if the Secretary of State is
satisfied that the person is wi thin subsection (1) or (1A).”
(3) In subsection (1), for the words from “This Part” to “a pe rson” substitute “A
person is within th is subsection if—
(a) the person”.
(4) After subsection (1) insert—
“(1A) A person (P) is within this subsection if each of the conditions in
subsection (1B) is met.
(1B) The conditions are—
(a) that P carries on an activity in relation to which a local authority
exercises a relevant function;
(b) that the effect of arrangements made by P with any organisation
or other person is that P’s appr oach to compliance, in respect of
the relevant function, is one that  is shared with another person
(Q) who carries on the activity;
(c) that—
(i) at least one of P and Q carries  on the activity in the area
of two or more local authorities, or
(ii) Q carries on the activity in the area of a local authority in
which P does not carry on the activity.”
(5) For subsection (2) substitute—
“(2) In this Part, references to “the  regulated person” are to a person to
whom this Part applies.Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 5 — Reduction of legislative burdens64
(3) The Secretary of State may from time to time publish guidance about
matters likely to be taken into account for the purposes of subsection(1B)(b).
(4) The guidance may be published in such manner as the Secretary of
State considers appropriate.” 
(6) In section 24 of that Act, after subsection (6) insert—
“ ( 7 ) R e f e r e n c e s  i n  t h i s  P a r t  t o  “ t h e  r e l e v a n t  f u n c t i o n ” ,  i n  r e l a t i o n  t o  t h e
regulated person, are to the relevant function by reference to which the
Secretary of State is satisfied that the person is within section 22(1) or
(1A).”
(7) In section 26(2) of that Act (nomination of primary authorities), for “The
Secretary of State” substitute “Where th e Secretary of State has been satisfied
that the regulated person is within se ction 22(1), the Secretary of State”.
68 Inspection plans
(1) Section 30 of the Regulatory Enforc ement and Sanctions Act 2008 (inspection
plans) is amended as follows.
(2) After subsection (3) insert—
“(3A) An inspection plan may require a local authority other than the primary
authority, on exer cising the function of insp ection in relation to the
regulated person, to provide the prim ary authority with a report on its
exercise of the function.”
(3) In subsection (7)—
(a) for the words from the beginning to “exercising”  substitute “Where the
primary authority exercises”;
(b) after “regulated pe rson” insert “, it”.
(4) After subsection (7) insert—
“(7A) A local authority other than the primary authority may not exercise the
function of inspection in relation  to the regulated person otherwise
than in accordance with a plan that has been brought to its notice under
subsection (6), unless—
(a) it has notified the primary au thority in writing of the way in
which it proposes to exercise th e function in re lation to the
regulated person, and
(b) the primary authority has notified the local authority in writing
that it consents to the authority’ s exercising the function in that
way.
(7B) Subsection (7C) applies if a primar y authority that has been notified by
a local authority as described in subs ection (7A)(a) fail s to notify that
authority in writing, within the noti fication period, whether it consents
to the authority’s exerci sing the function of inspection as described in
the notification.
(7C) The primary authority is to be trea ted for the purposes of this section,
following the expiry of the notification period, as having given thenotification of consent descri bed in subsection (7A)(b). Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 5 — Reduction of legislative burdens65
(7D) The “notification period”, in subsec tions (7B) and (7C), is the period of
five working days begi nning with the first wo rking day after the day
on which the notification referred to in subsection (7A )(a) is received by
the primary authority.
(7E) Where an inspection plan includes a requirement of the type described
in subsection (3A), a local auth ority exercising the function of
inspection in relation to the regula ted person must provide a report to
the primary authority in accord ance with the requirement.”
(5) Omit subsection (8).
(6) In subsection (9) for “( 8)” substitute “(7A)(a)”.
(7) After subsection (9) insert—
“(9A) A primary authority may, with th e consent of the Secretary of State,
revoke a plan made by it under this section.
(9B) If a primary authority revokes a plan under subsection (9A), it must
notify the other local authorities with the function of in spection that the
plan is no longer in effect.”
(8) In subsection (10), for “(9)” substitute “(9B)”.
(9) After subsecti on (10) insert—
“(11) In subsection (7D), “working day” means a day other than—
(a) a Saturday or Sunday,
(b) Christmas Day or Good Friday, or
(c) a day which is a bank holiday  under the Banking and Financial
Dealings Act 1971 in—
( i ) t h e  p a r t  o f  t h e  U n i t e d  Kingdom where the primary
authority is, or 
(ii) (if different) the part of the United Kingdom where the
authority is that has given th e notification referred to in
subsection (7A)(a).”
Miscellaneous
69 Civil liability for breach of  health and safety duties
(1) Section 47 of the Health and Safety at  Work etc. Act 1974 (civil liability) is
amended as set out in subsections (2) to (7).
(2) In subsection (1), omit paragraph (b) (including the “or” at the end of that
paragraph).
(3) For subsection (2) substitute—
“(2) Breach of a duty imposed by a statutory instrument containing
(whether alone or with other provis ion) health and safety regulations
shall not be actionable except to th e extent that regulations under this
section so provide.
(2A) Breach of a duty imposed by an existing statutory provision shall not
be actionable except to the extent that regulations under this section soEnterprise and Regulatory Reform Act 2013 (c. 24)
Part 5 — Reduction of legislative burdens66
provide (including by modifying any of the existing statutory
provisions).
(2B) Regulations under this sect ion may include provision for—
(a) a defence to be available in any action for breach of the duty
mentioned in subsection (2) or (2A);
(b) any term of an agreement whic h purports to exclude or restrict
any liability for such a breach to be void.”
(4) In subsection (3), omit the words from “, whether brought by virtue of
subsection (2)” to the end.
(5) In subsection (4)— 
(a) for “and (2)” substitu te “, (2) and (2A)”, and
(b) for “(3)” substitute “(2B)(a)”.
(6) Omit subsections (5) and (6).(7) After subsection (6) insert—
“(7) The power to make re gulations under this sect ion shall be exercisable
by the Secretary of State.”
(8) Where, on the commencement of this section, there is in force an Order in
Council made under section 84(3) of the Health and Sa fety at Work etc. Act
1974 that applies to matters outside Grea t Britain any of the provisions of that
Act that are amended by this section, that Order is to be taken as applyingthose provisions as so amended.
(9) The amendments made by this section do not apply in relation to breach of a
duty which it would be within the le gislative competence of the Scottish
Parliament to impose by an  Act of that Parliament.
(10) The amendments made by this section do not apply in relation to breach of a
duty where that breach occurs before the commencement of this section.
70 Estate agency work
In section 1 of the Estate Agents Act 1979 (estate agency work), for subsection
(4) substitute—
“(4) This Act does not apply to the fo llowing things when done by a person
who does no other things which fall within subsection (1) above—
(a) publishing advertisements or disseminating information;
(b) providing a means by which— 
(i) a person who wishes to acqu ire or dispose of an interest
in land can, in response to such an advertisement ordissemination of information, make direct contact witha person who wishes to dispos e of or, as the case may be,
acquire an interest in land;
(ii) the persons mentioned in sub-paragraph (i) can
continue to communicate directly with each other.”
71 Bankruptcy applications: determination by adjudicators
(1) In Part 14 of the Insolvency Act 1986 (public administration (England andEnterprise and Regulatory Reform Act 2013 (c. 24)
Part 5 — Reduction of legislative burdens67
Wales)), before section 399 and the cross-heading which precedes it insert—
“Adjudicators
398A Appointment etc of adjudicators and assistants
(1) The Secretary of State may appoint persons to the office of adjudicator.
(2) A person appointed under subsection (1)—
(a) is to be paid out of money pr ovided by Parliament such salary
as the Secretary of State may direct,
(b) holds office on such other terms and conditions as the Secretary
of State may direct, and
(c) may be removed from office by  a direction of the Secretary of
State.
(3) A person who is authorised to act as an official receiver may not be
appointed under subsection (1).
(4) The Secretary of State may appoint officers of the Secretary of State’s
department to assist adjudicators in the carrying out of  their functions.”
(2) In Part 9 of that Act (bankruptcy), be fore Chapter 1 insert the Chapter set out
in Schedule 18 (adjudicators: bankruptcy applications by debtors andbankruptcy orders).
(3) Schedule 19 (adjudicators: minor an d consequential amendments) has effect.
72 Abolition of Agricultural Wages Board and related English bodies
(1) The Agricultural Wages Board fo r England and Wales is abolished.
(2) Every agricultural wages committee for an area in England is abolished.
(3) Every agricultural dwelling-house ad visory committee for an area in England
is abolished.
(4) Schedule 20 (abolition of Agricultural  Wages Board and rela ted English bodies:
consequential provision) has effect.
73 Unnecessary regula tion: miscellaneous
Schedule 21 (unnecessary regula tion: miscellaneou s) has effect.
P
ART 6
MISCELLANEOUS  AND  GENERAL
Copyright and rights in performances
74 Exploitation of design derived from artistic work
(1) The Copyright, Designs and Patents Act 1988 is amended as follows.
(2) Omit section 52 (effect of exploitation  of design derived from artistic work).
(3) In consequence omit the following—Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 6 — Miscellaneous and general68
(a) section 79(4)(g);
(b) in Schedule 1 paragraph 20.
75 Penalties under provision amending ex ceptions: copyright and rights in 
performances
Paragraph 1(1)(d) of Schedule 2 to  the European Co mmunities Act 1972
(limitation on criminal pena lties) does not apply for the purposes of provision
under section 2(2) of that Act amending—
(a) Chapter 3 of Part 1 of the Copyright, Designs and Patents Act 1988 (acts
permitted in relation to copyright works), or
(b) Schedule 2 to that Act (rights in performances: permitted acts).
76 Power to reduce duration of c opyright in transitional cases
(1) Section 170 of the Copyright, Desi gns and Patents Act 1988 (transitional
provisions and savings) is amended as follows.
(2) At the beginning insert “(1)”.
(3) At the end insert—
“(2) The Secretary of State may by re gulations amend Schedule 1 to reduce
the duration of copyright in exis ting works which are unpublished,
other than photographs or films.
(3) The regulations may provide for the copyright to expire— 
(a) with the end of the term of prot ection of copyright laid down by
Directive 2006/116/EC or at any later time;
(b) subject to that, on the comme ncement of the regulations or at
any later time.
(4) “Existing works” has the same meaning as in Schedule 1.
(5) Regulations under subsection (2) may—
(a) make different provisio n for different purposes;
(b) make supplementary or transitional provision;
(c) make consequential provision,  including provision amending
any enactment or subordinate legislation passed or made beforethat subsection comes into force.
(6) The power to make regulations un der subsection (2) is exercisable by
statutory instrument.
(7) A statutory instrument containing regulations under subsection (2)
may not be made unless a draft of the instrument has been laid beforeand approved by resolution of  each House of Parliament.”
77 Licensing of copyright and performers’ rights
(1) The Copyright, Designs and Patents Act 1988 is amended as follows.
(2) In section 116 (licensing schemes and licensing bodies) after subsection (4)
insert—
“(5) Schedule A1 confers powers to pr ovide for the regulation of licensing
bodies.”Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 6 — Miscellaneous and general69
(3) After section 116 insert—
“Orphan works licensing and extended collective licensing
116A Power to provide for licensing of orphan works
(1) The Secretary of State may by regulations provide for the grant of
licences in respect of works that qualify as orphan works under theregulations.
(2) The regulations may—
(a) specify a person or a descriptio n of persons authorised to grant
licences, or
(b) provide for a person designated  in the regulations to specify a
person or a description of pers ons authorised to grant licences
(3) The regulations must provide that, for a work to qualify as an orphan
work, it is a requiremen t that the owner of copyright in it has not been
found after a diligent search made in accordance with the regulations.
(4) The regulations may provide for th e granting of licences to do, or
authorise the doing of, any act rest ricted by copyright that would
otherwise require the consent of the missing owner.
(5) The regulations must provide for any licence—
(a) to have effect as if gr anted by the missing owner;
(b) not to give exclusive rights;
(c) not to be granted to a person authorised to grant licences.
(6) The regulations may apply to a work  although it is not known whether
copyright subsists in it, and refere nces to a missing owner and a right
or interest of a missing owner are to  be read as including references to
a supposed owner and a supposed right or interest.
116B Extended collective licensing
(1) The Secretary of State may by regulations provide for a licensing body
that applies to the Secretary of State under the regulations to be
authorised to grant copyright licenc es in respect of works in which
copyright is not owned by the body or a person on whose behalf the
body acts.
(2) An authorisation must specify—
(a) the types of work to which it applies, and
(b) the acts restricted by copy right that the licensing body is
authorised to license.
(3) The regulations must provide for the copyright owner to have a right
to limit or exclude the grant of lice nces by virtue of the regulations.
(4) The regulations must provide for any licence not to give exclusive
rights.
(5) In this section “copyright licences” has the same meaning as in section
116.
(6) Nothing in this sect ion applies in relation to Crown copyright or
Parliamentary copyright.Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 6 — Miscellaneous and general70
116C General provision about licensi ng under sections 116A and 116B
(1) This section and section 116D apply to regulations under sections 116A
and 116B.
(2) The regulations may provide for a body to be or remain authorised to
grant licences only if specified requ irements are met, and for a question
whether they are met to be determined by a person, and in a manner,specified in the regulations.
(3) The regulations may specify other matters to be taken into account in
any decision to be made under the regulations as to whether to
authorise a person to grant licences.
(4) The regulations must provide for th e treatment of any royalties or other
sums paid in respect of a licence, including—
(a) the deduction of administrative costs;
(b) the period for which sums must be held;
(c) the treatment of sums after that period (as bona vacantia or
otherwise).
(5) The regulations must provide for circumstances in which an
authorisation to grant licences may be withdrawn, and for determining
the rights and obligations of an y person if an authorisation is
withdrawn.
(6) The regulations may include ot her provision for the purposes of
authorisation and licensing, incl uding in particular provision—
(a) for determining the rights and obligations of any person if a
work ceases to qualify as an orphan work (or ceases to qualifyby reference to any copyright owner), or if a rights ownerexercises the right referred to in  section 116B(3), while a licence
is in force;
(b) about maintenance of registers and access to them;
(c) permitting the use of a work fo r incidental purposes including
an application or search;
(d) for a right conferred by section 77 to be treated as having been
asserted in accordance with section 78;
(e) for the payment of fees to cover administrative expenses.
116D Regulations under sections 116A and 116B
(1) The power to make regulations includes power—
(a) to make incidental, supplementa ry or consequential provision,
including provision extending or restricting the jurisdiction ofthe Copyright Tribunal or conferring powers on it;
(b) to make transitional, tran sitory or saving provision;
(c) to make different provis ion for different purposes.
(2) Regulations under any provision may amend this Part, or any other
enactment or subordinate legislat i o n  p a s s e d  o r  m a d e  b e f o r e  t h a t
provision comes into force, for th e purpose of making consequential
provision or extending or  restricting the jurisdiction of the Copyright
Tribunal or conferring powers on it.
(3) Regulations may make provision by  reference to guidance issued from
time to time by any person.Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 6 — Miscellaneous and general71
(4) The power to make regulations is exercisable by statutory instrument.
(5) A statutory instrument containing regulations may not be made unless
a draft of the instrument has been laid before and approved by aresolution of each House of Parliament.”
(4) Schedule 22 (which inserts Schedule A1  to the Copyright, Designs and Patents
Act 1988 and makes provision in relation  to performers’ rights corresponding
to provision made by this section in  relation to copyright) has effect.
78 Penalties under provision implementi ng Directive on term of protection
Paragraph 1(1)(d) of Schedule 2 to  the European Co mmunities Act 1972
(limitation on criminal pena lties) does not apply for the purposes of provision
under section 2(2) of that Act implem enting Directive 2011/77/EU amending
Directive 2006/116/EC on the term of protection of copy right and certain
related rights.
Payments to directors of quoted companies
79 Members’ approval of directors’ remuneration policy
(1) In section 421 of the Companies Act 2006 (contents of directors’ remuneration
report) after subsection (2) insert— 
“(2A) The regulations must provide that any information required to
be included in the report as to  the policy of the company with
respect to the making of remuneration payments and paymentsfor loss of office (within the me aning of Chapter 4A of Part 10)
is to be set out in a sepa rate part of the report.”
(2) After section 422 of that Act (approval  and signing of directors’ remuneration
report) insert—
“422A Revisions to directors’ remuneration policy
(1) The directors’ remuneration polic y contained in a company’s directors’
remuneration report may be revised.
(2) Any such revision must be approved by the board of directors.
(3) The policy as so revised must be set out in a document signed on behalf
of the board by a director or the secretary of the company.
(4) Regulations under section 421( 1) may make provision as to—
(a) the information that must be contained in a document setting
out a revised directors’ remuneration policy, and
(b) how information is to be set out in the document.
(5) Sections 422(2) and (3), 454, 456 and 463 apply in relation to such a
document as they apply in relation to a directors’ remuneration report.
(6) In this section, “direc tors’ remuneration policy”  means the policy of a
company with respect to the matters mentioned in section 421(2A).”
(3) In section 439 of that Act (quoted comp anies: members’ approval of directors’
remuneration report), in subsection (1),  at the end insert “other than the part
containing the directors’ remuneration  policy (as to which see section 439A).”Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 6 — Miscellaneous and general72
(4) After that section insert—
“439A Quoted companies: members’ ap proval of directors’ remuneration 
policy
(1) A quoted company must give notice of the intention to move, as an
ordinary resolution, a resolution approving the relevant directors’
remuneration policy—
(a) at the accounts meeting held in  the first financi al year which
begins on or after the day on  which the company becomes a
quoted company, and
(b) at an accounts or other genera l meeting held no later than the
end of the period of three financial years beginning with thefirst financial year after the last accounts or other generalmeeting in relation to whic h notice is given under this
subsection. 
(2) A quoted company must give notice of the intention to move at an
accounts meeting, as an ordinary re solution, a resolution approving the
relevant directors’ remuneration policy if—
(a) a resolution required to be put to the vote under section 439 was
not passed at the last accounts meeting of the company, and
(b) no notice under this section was given in relation to that
meeting or any other general meeting held before the next
accounts meeting. 
(3) Subsection (2) does not apply in relation to a quoted company before
the first meeting in relation to wh ich it gives notice under subsection
(1).
(4) A notice given under subsection (2) is to be  treated as given under
subsection (1) for the pu rpose of determining th e period within which
the next notice under subsection (1) must be given.
(5) Notice of the intention to move a resolution to which this section
applies must be given, prior to the meeting in question, to the members
of the company entitled to be sent notice of the meeting.
(6) Subsections (2) to (4) of section 439 apply for the purposes of a
resolution to which this section applies as they apply for the purposesof a resolution to which section 439 applies, with the modification that,
for the purposes of a resolution relating to a general meeting other thanan accounts meeting, subsection (3) applies as if for “accounts meeting”
there were substitute d “general meeting”.
(7) For the purposes of this section,  the relevant directors’ remuneration
policy is—
(a) in a case where notice is given in relation to an accounts
meeting, the remuneration policy contained in the directors’remuneration report in respect of which a resolution undersection 439 is required to be put to the vote at that accountsmeeting;
(b) in a case where notice is given in relation to a general meeting
other than an accounts meeting—
(i) the remuneration policy contained in the directors’
remuneration report in respect of which such aresolution was required to be put to the vote at the lastEnterprise and Regulatory Reform Act 2013 (c. 24)
Part 6 — Miscellaneous and general73
accounts meeting to be held before that other general
meeting, or
(ii) where that policy has been  revised in accordance with
section 422A, the policy as so revised.
(8) In this section—
(a) “accounts meeting” means a general meeting of the company
before which the company’s annual accounts for a financialyear are to be laid;
(b) “directors’ remuneration po licy” means the policy of the
company with respect to the matters mentioned in section421(2A).”
80 Restrictions on payments to directors
After section 226 of the Companies Act 2006 insert—
“C
HAPTER  4A
DIRECTORS  OF QUOTED  COMPANIES : SPECIAL  PROVISION
Interpretation
226A Key definitions
(1) In this Chapter—
“directors’ remuneration policy” means the policy of a quoted
company with respect to the ma king of remuneration payments
and payments for loss of office;
“quoted company” has the same meaning as in Part 15 of this Act;
“remuneration payment” means an y form of payment or other
benefit made to or otherwis e conferred on a person as
consideration for the person—
(a) holding, agreeing to hold or having held office as
director of a company, or
(b) holding, agreeing to hold or having held, during a
period when the person is  or was such a director—
(i) any other office or employment in connection
with the management of the affairs of thecompany, or
(ii) any office (as director or otherwise) or
employment in connection with themanagement of the affairs of any subsidiaryundertaking of the company,
other than a payment for loss of office;
“payment for loss of office” has the same meaning as in Chapter 4
of this Part.
(2) Subsection (3) applies where, in connection with a relevant transfer, a
director of a quoted company is—
(a) to cease to hold office as director, or
(b) to cease to be the holder of—Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 6 — Miscellaneous and general74
(i) any other office or employ ment in connection with the
management of the affairs of the company, or
(ii) any office (as director or  otherwise) or employment in
connection with the management of the affairs of anysubsidiary undertaking of the company.
(3) If in connection with the transfer—
(a) the price to be paid to the dire ctor for any shares in the company
held by the director is in excess  of the price which could at the
time have been obtained by other holders of like shares, or
(b) any valuable consideration is given to the director by a person
other than the company,
the excess or, as the case may be, the money value of the consideration
is taken for the purposes of section 226C to have been a payment forloss of office.
(4) In subsection (2), “r elevant transfer” means—
(a) a transfer of the whole or any part of the undertaking or
property of the company or a subsidiary of the company;
(b) a transfer of shares in the company, or in a subsidiary of the
company, resulting fr om a takeover bid.
(5) References in this Chapter to the making of a remuneration payment or
to the making of a payment for loss of  office are to be read in accordance
with this section.
(6) References in this Chapter to a payment by a company include a
payment by another person at the di rection of, or on behalf of, the
company.
(7) References in this Chapter to a pa yment to a person (“B”) who is, has
been or is to be a director of a company include—
(a) a payment to a person connected with B, or
(b) a payment to a person at the direction of, or for the benefit of, B
or a person connected with B.
(8) Section 252 applies for the purposes of determining whether a person
is connected with a person who has b een, or is to be, a director of a
company as it applies for the pu rposes of determining whether a
person is connected with a director.
(9) References in this Chapter to a di rector include a shadow director but
references to loss of office as a di rector do not include loss of a person’s
status as a shadow director.
Restrictions relating to remuneration or loss of office payments
226B Remuneration payments
(1) A quoted company may not make a remuneration payment to a person
who is, or is to be or has been, a director of the company unless—
(a) the payment is consistent with the approved directors’
remuneration policy, or
(b) the payment is approved by re solution of the members of the
company.Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 6 — Miscellaneous and general75
(2) The approved directors’ remune ration policy is the most recent
remuneration policy to have been approved by a re solution passed by
the members of the company in general meeting.
226C Loss of office payments 
(1) No payment for loss of office may be made by any person to a person
who is, or has been, a director  of a quoted company unless—
(a) the payment is consistent with the approved directors’
remuneration policy, or
(b) the payment is approved by re solution of the members of the
company.
(2) The approved directors’ remune ration policy is the most recent
remuneration policy to have been approved by a re solution passed by
the members of the company in general meeting.
226D Sections 226B and 226C: supplementary
(1) A resolution approving a paym ent for the purposes of section
226B(1)(b) or 226C(1)(b) must no t be passed unless a memorandum
setting out particulars of the propos ed payment (including its amount)
is made available for inspection by the members of the company—
(a) at the company’s registered o ffice for not less than 15 days
ending with the date of the meeting at which the resolution is tobe considered, and
(b) at that meeting itself.
(2) The memorandum must explain the ways in which the payment is
inconsistent with the approved dire ctors’ remuneration policy (within
the meaning of the section in question).
(3) The company must ensure that the memorandum is made available on
the company’s website from the fi rst day on which the memorandum
is made available for inspection under subsection (1) until its next
accounts meeting.
(4) Failure to comply with subsection (3 ) does not affect the validity of the
meeting at which a resolution is passed approving a payment to whichthe memorandum relates or the validity of anything done at themeeting.
(5) Nothing in section 226B or 226C authorises the making of a
remuneration payment or  (as the case may be) a payment for loss of
office in contravention of the articles of the company concerned.
(6) Nothing in section 226B or 226C applies in relation to a remuneration
payment or (as the case may be) a paym ent for loss of office made to a
person who is, or is to be or has been, a director of a quoted company
before the earlier of—
(a) the end of the first financial ye ar of the company to begin on or
after the day on which it becomes a quoted company, and
(b) the date from which th e company’s first directors’
remuneration policy to be approved under section 439A takeseffect.
(7) In this section the “company’s we bsite” is the website on which the
company makes material available under section 430. Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 6 — Miscellaneous and general76
Supplementary
226E Payments made without approval: civil consequences
(1) An obligation (however arising) to make a payment which would be in
contravention of section 226B or 226C has no effect.
(2) If a payment is made in contravention of section 226B or 226C—
(a) it is held by the recipient on  trust for the company or other
person making the payment, and
(b) in the case of a payment by  a company, any director who
authorised the payment is jo intly and severally liable to
indemnify the company that made the payment for any lossresulting from it.
(3) If a payment for loss of office is made in contravention of section 226C
to a director of a quoted company in  connection with the transfer of the
whole or any part of the undertakin g or property of the company or a
subsidiary of the company— 
(a) subsection (2) does not apply, and
(b) the payment is held by the re cipient on trust for the company
whose undertaking or property  is or is proposed to be
transferred.
(4) If a payment for loss of office is made in contravention of section 226C
to a director of a quoted company in connection with a transfer of
shares in the company, or in a subsidiary of the company, resultingfrom a takeover bid—
(a) subsection (2) does not apply,
(b) the payment is held by the re cipient on trust for persons who
have sold their shares as a result of the offer made, and
(c) the expenses incurred by the recipient in distributing that sum
amongst those persons shall be borne by the recipient and not
retained out of that sum.
(5) If in proceedings against a direct or for the enforcement of a liability
under subsection (2)(b)—
(a) the director shows that he or she has acted honestly and
reasonably, and
(b) the court considers that, having regard to all the circumstances
of the case, the director ough t to be relieved of liability,
the court may relieve the director, eith er wholly or in part, from liability
on such terms as th e court thinks fit.
226F Relationship with requ irements under Chapter 4
(1) This Chapter does not affect any requirement for approval by a
resolution of the members of a company which applies in relation to thecompany under Chapter 4.
(2) Where the making of a payment to which section 226B or 226C applies
requires approval by a resolution  of the members of the company
concerned under Chapter 4, approval obtained for the purposes of thatChapter is to be treated as satisf ying the requirements of section
226B(1)(b) or (as the ca se may be) 226C(1)(b).” Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 6 — Miscellaneous and general77
81 Payments to directors: minor and consequential amendments
(1) The Companies Act 2006 is amended as follows.
(2) In section 180 (consent, approval or authorisation by members)—
(a) in subsection (2), in th e words before paragraph (a)—
(i) after “Chapter 4” insert “or 4A”, and
(ii) for “that Chapter” substitu te “either of those Chapters”,
(b) in that subsection, in paragraph (a ), for “that Chapter” substitute “the
Chapter concerned”, and
(c) in subsection (3), after “Chapter 4” insert “or 4A”.
(3) In section 190 (substantial property  transactions: requirement of members’
approval), in subsection (6 )(b), for the words in brac kets substitute “(payments
to which the requirements of Chapter 4 or 4A apply)”.
(4) In section 215 (payments for loss of office), after subs ection (4) insert—
“(5) Nothing in this section or sections 216 to 222 applies in relation to a
payment for loss of office to a director of a quoted company other thana payment to which section 226C does not apply by virtue of section226D(6).”
(5) Section 430 (quoted companies: annual accounts and reports to be made
available on website) is amended as follows.
(6) After subsection (2) insert—
“(2A) If the directors’ remuneration poli cy of a quoted company is revised in
accordance with section 422A, the company must ensure that therevised policy is made available on  the website on which its annual
accounts and reports are made available.
(2B) If a person ceases to be a director of a quoted company, the company
must ensure that the following info rmation is made available on the
website on which its annual accounts  and reports are made available—
(a) the name of the person concerned,
(b) particulars of any remuneration payment (within the meaning
of Chapter 4A of Part 10) made or to be made to the person afterceasing to be a director, includ ing its amount and how it was
calculated, and
(c) particulars of any payment for lo ss of office (within the meaning
of that Chapter) made or to be made to the person, including itsamount and how it was calculated.”
(7) In subsection (3) —
(a) for “the annual accounts and reports on the website” substitute “the
material made available on the webs ite under subsections (1) to (2B)”,
and
(b) for “the annual accounts and repo rts from” substitu te “such material
from”.
(8) After subsection (4) insert—
“(4A) Where subsection (2A) or (2B) applies, the material in question—
(a) must be made available as soon as reasonably practicable, andEnterprise and Regulatory Reform Act 2013 (c. 24)
Part 6 — Miscellaneous and general78
(b) must be kept available until the next directors’ remuneration
report of the company is made available on the website.”
(9) In subsection (5)—
(a) in the words before paragraph (a ), for the words from “the annual
accounts and reports” to “that peri od” substitute “material available on
a website throughout the period mentioned in subsection (4) or (as thecase may be) (4A)”, and
(b) in paragraph (a) for “the annual accounts and reports are” substitute
“the material is”.
(10) In section 440 (quoted companies: offe nces in connection with procedure for
approval)—
(a) in subsection (1) —
(i) after “section 439(1)” inse rt “or 439A(1) or (2)”, and
(ii) in the words in brackets, af ter “report” insert “or policy”,
(b) in subsection (2), for “the accounts  meeting” substitute “the meeting to
which it relates”, and
(c) in subsection (5), omit the defi nition of “the ac counts meeting”.
(11) In Schedule 8 (in the index of defined expressions), at the appropriate places
insert—
(12) In that Schedule, after “quoted company”, insert—
82 Payments to directors:  transitional provision
(1) In relation to a company that is a quoted company immediately before the day
on which section 79 of this Act comes into force, section 439A(1)(a) of theCompanies Act 2006 (as inserted by sect ion 79(4) of this Act) applies as if—“directors’
remunerationpolicy (in Chapter4A of Part 10)section 226A(1)”
“payment for loss
of office (inChapter 4A of Part10)section 226A(1)”
“remuneration
payment (inChapter 4A of Part10)section 226A(1)”.
“—in Chapter 4A of Pa rt 10 section 226A(1)”.Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 6 — Miscellaneous and general79
(a) the reference to the day on which the company becomes a quoted
company were a reference to the day on which section 79 of this Actcomes into force, and
(b) at the end of the paragraph (but be fore the “, and”) there were inserted
“or at an earlier general meeting”.
(2) In relation to a company that is a quoted company immediately before the day
on which section 79 of this Act comes into force, section 226D(6)(a) of theCompanies Act 2006 (as inserted by section 80 of this Act) applies as if thereference to the day on which the company becomes a quoted company werea reference to the day on which section 79 of this Act comes into force.
(3) Chapter 4A of Part 10 of the Compan ies Act 2006 does not apply in relation to
remuneration payments or payments for loss of office that are required to bemade under an agreement entered into before 27 June 2012 or in consequenceof any other obligation arising before that date.
(4) An agreement entered into, or any other obligation arising, before 27 June 2012
t h a t  i s  m o d i f i e d  o r  r e n e w e d  o n  o r  a f t e r that date is to be treated for the
purposes of subsection (3) as having be en entered into or (as the case may be)
as having arisen on the date on which it was modified or renewed.
(5) The amendment made by section 81(4) do es not apply in relation to a payment
for loss of office to which subsec tion (3) of this section applies.
Redress schemes: lettings and property management agents
83 Redress schemes: lettings agency work
(1) The Secretary of State may by order require persons who engage in lettings
agency work to be members of a redres s scheme for dealing with complaints in
connection with that work which is either—
(a) a redress scheme approved by the Secretary of State, or
(b) a government administered redress scheme.
(2) A “redress scheme” is  a scheme which provides for complaints against
members of the scheme to be investigated and determined by an independentperson.
(3) A “government administered redress scheme” means a redress scheme which
is— 
(a) administered by or on behalf of the Secretary of State, and
(b) designated for the purposes of th e order by the Secretary of State.
(4) The order may provide for the duty mentioned in subsection (1) to apply—
(a) only to specified descriptions of persons who engage in lettings agency
work;
(b) only in relation to specifie d descriptions of such work.
(5) The order may also provid e for the duty not to apply in relation to complaints
of any specified description (which may be framed by reference to a
description of person making a complaint).
(6) Before making the order, the Secretary of State must be satisfied that all
persons who are to be subject to the duty  will be eligible to join a redress
scheme before the duty applies to them.Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 6 — Miscellaneous and general80
(7) In this section, “lettings agency work” means things done by any person in the
course of a business in response  to instructions received from—
(a) a person seeking to find another person wishing to rent a dwelling-
house in England under a domestic tenancy and, having found such a
person, to grant such a tenancy (“a prospective landlord”); 
(b) a person seeking to find a dwellin g-house in England to rent under a
domestic tenancy and, having foun d such a dwelling-house, to obtain
such a tenancy of it (“a prospective tenant”).
(8) However, “lettings agency work” does not include any of the following things
when done by a person who does no other things falling within subsection
(7)—
(a) publishing advertisements or disseminating information;
(b) providing a means by which—
(i) a prospective landlord or a pr ospective tenant can, in response
to an advertisement or dissem ination of information, make
direct contact with a prospective tenant or (as the case may be)prospective landlord;
(ii) a prospective landlord and a pr ospective tenant can continue to
communicate directly with each other.
(9) “Lettings agency work” also does not include —
(a) things done by a local authority;
(b) things of a description, or things done by a person of a description,
specified for the purposes of this section in an order made by the
Secretary of State.
(10) In subsection (7), “domestic tenancy” means—
(a) a tenancy which is an assured tenancy for the purposes of the Housing
Act 1988 except where—
(i) the landlord is a private regist ered provider of social housing
(as to which see section 80 of the Housing and Regeneration Act2008), or
(ii) the tenancy is a long lease wi thin the meaning given by section
84(10);
(b) a tenancy under which a dwelling-ho use is let as a separate dwelling
and which is of a description specifie d for the purposes of this section
in an order made by th e Secretary of State.
(11) An order under subsection (10)(b) ma y not provide for any of the following to
be a domestic tenancy—
(a) a tenancy where the landlord is a re gistered provider of social housing
(as to which see section 80 of the Housing and Regeneration Act 2008);
(b) a long lease within the meaning given by section 84(10).
84 Redress schemes: property management work
(1) The Secretary of State may by order require persons who engage in property
management work to be members of a redress scheme for dealing withcomplaints in connection with  that work which is either—
(a) a redress scheme approved by the Secretary of State, or
(b) a government administered redress scheme.Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 6 — Miscellaneous and general81
(2) “Redress scheme” and “government ad ministered redress scheme” have the
same meanings as in section 83.
(3) The order may provide for the duty mentioned in subsection (1) to apply—
(a) only to specified descriptions of persons who en gage in property
management work;
(b) only in relation to specifie d descriptions of such work.
(4) The order may also provid e for the duty not to apply in relation to complaints
of any specified description (which may be framed by reference to a
description of person making a complaint).
(5) Before making the order, the Secretary of State must be satisfied that all
persons who are to be subject to the duty  will be eligible to join a redress
scheme before the duty applies to them.
(6) In this section, “property management work” means things done by any
person (“A”) in the course of a business  in response to instructions received
from another person (“C”) where—
(a) C wishes A to arrange services, re pairs, maintenance, improvements or
insurance or to deal with any ot her aspect of the management of
premises in England on C’s behalf, and
(b) the premises consist of or includ e a dwelling-house le t under a relevant
tenancy.
(7) However, “property manageme nt work” does not include—
(a) things done by a person who is a social landlord for the purposes of
Schedule 2 to the Housing Act 1996;
(b) things of a description, or things done by a person of a description,
specified for the purposes of this section in an order made by the
Secretary of State.
(8) In subsection (6), “r elevant tenancy” means—
(a) a tenancy which is an assured tenancy for the purposes of the Housing
Act 1988;
(b) a tenancy which is a regulated tenancy for the purposes of the Rent Act
1977;
(c) a long lease other than one to whic h Part 2 of the Landlord and Tenant
Act 1954 applies;
(d) a tenancy of a description specified for the purposes of this section in
an order made by the Secretary of State.
(9) An order under subsection (8)(d) may not provide for a tenancy to which Part
2 of the Landlord and Tenant Act 1954 applies to be a relevant tenancy.
(10) In subsection (8)(c), “long lease” means a lease which is a long lease for the
purposes of Chapter 1 of Part 1 of the Leasehold Reform, Housing and Urban
Development Act 1993 or which, in the case of a shared ownership lease(within the meaning given by section 7(7) of that Act), would be such a lease if
the tenant’s total share (within the meanin g given by that section) were 100 per
cent.
85 Orders under section 83  or 84: enforcement
(1) An order under section 83(1) or 84(1) may make provision —Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 6 — Miscellaneous and general82
(a) for sanctions to be imposed in respect of a breach of a requirement
imposed by the order;
(b) for the investigation of suspecte d breaches of su ch a requirement.
(2) The sanctions for which provision may be made in the order are—
(a) the imposition of civil penalties;
(b) the making of orders prohibiting a person from engaging in lettings
agency work or (as the case may be) property management work orfrom engaging in a particular description of such work;
( c ) t h e  c r e a t i o n  o f  c r i m i n a l  o f f e n c e s  i n  r e s p e c t  o f  b r e a c h e s  o f  o r d e r s
mentioned in paragraph (b).
(3) Provision made for the imposition of a sanction by virtue of subsection (1)(a)
must include—
(a) provision for appeals to a court or tribunal against the imposition of the
sanction, and
(b) such other provision as the Secretary of State considers appropriate for
safeguarding the interests of pers ons on whom the sanction may be
imposed.
(4) Provision made by virtue of this sect ion may confer functions on a person that
exercises functions of  a public nature.
(5) The Secretary of State may make payments out of money provided by
Parliament to a person on  whom functions are conferred by virtue of this
section.
86 Sections 83 to 85: minor definitions
(1) This section applies for the purposes of sections 83 to 85.(2) References to persons who engage in  l e t t i n g s  a g e n c y  w o r k  o r  p r o p e r t y
management work do not include refere nces to persons who engage in that
work in the course of their employme nt under a contract of employment.
(3) A “dwelling-house” may be a house or part of a house.
(4) “Local authority” means—
(a) a county or district council;
(b) a London borough council;
(c) the Common Council of the City of London in its capacity as a local
authority;
(d) the Council of the Isles of Scilly.
87 Approval of redress schemes for the purposes of section 83 or 84
(1) The Secretary of State may by orde r make provision about the approval of
redress schemes for the purposes of section 83 or 84, including provision asto—
(a) the making of applications for approval;
(b) conditions which must be satisf ied before approval may be given;
(c) conditions which must be complied with by administrators of
approved redress schemes;
(d) the withdrawal of approval.Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 6 — Miscellaneous and general83
(2) The order may make provision about the conditions which must be satisfied
before a scheme administered by or on behalf of the Secretary of State may bedesignated for the purposes of section 83 or 84.
88 Redress schemes: supplemental
(1) The power to make an order under sect ion 83, 84 or 87 includes power to make
incidental, supplementary, consequentia l, transitional or saving provision,
including doing so by amending any provision made by or under an Act.
(2) An order under any of those sections must be made by statutory instrument.
(3) A statutory instrument containing (whether alone or with other provision)—
(a) an order under section 83 or 84 which includes—
(i) provision by virtue of section 85, or
(ii) provision by virtue of subsecti on (1) of this section that amends
an Act, or
(b) an order under section 87,
may not be made unless a draft of the instrument has been laid before, and
approved by a resolution of , each House of Parliament.
(4) A statutory instrument containing an order under section 83 or 84, other than
one to which subsection (3) applies, is subject to annulment in pursuance of aresolution of either House of Parliament.
(5) Nothing in sections 83 to 87 prevents a redress scheme from providing—
(a) for membership to be open to pe rsons who are not subject to the duty
to be a member of a scheme;
(b) for the investigation and determinat ion of any complaints in relation to
which the duty does not apply, where the members concerned havevoluntarily accepted the jurisdic tion of the scheme over those
complaints;
(c) for the exclusion from investig ation and determination under the
scheme of any complaint in such cases or circumstances as may bespecified in or determined under the scheme.
Supply of customer data
89 Supply of customer data
(1) The Secretary of State may by regu lations require a regulated person to
provide customer data—
(a) to a customer, at th e customer’s request;
(b) to a person who is authorised by a customer to receiv e the data, at the
customer’s request or, if the regula tions so provide, at the authorised
person’s request. 
(2) “Regulated person” means—
(a) a person who, in the course of a business, supplies gas or electricity to
any premises;
(b) a person who, in the course of a business, provides a mobile phone
service;
(c) a person who, in the course of a business, provides financial services
consisting of the provision of current  account or credit card facilities;Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 6 — Miscellaneous and general84
(d) any other person who, in the cour se of a business, supplies or provides
goods or services of a description specified in the regulations.
(3) “Customer data” means information which—
(a) is held in electronic form by or on behalf of the regulated person, and
(b) relates to transactions between th e regulated person and the customer.
(4) Regulations under subsection (1) may ma ke provision as to the form in which
customer data is to be provided and when it is to be provided (and any such
provision may differ dependin g on the form in which a request for the data is
made).
(5) Regulations unde r subsection (1)—
(a) may authorise the making of c harges by a regulated person for
complying with requests for customer data, and
(b) if they do so, must provide that  the amount of any such charge—
(i) is to be determined by  the regulated person, but
(ii) may not exceed the cost to that person of complying with the
request.
(6) Regulations under subsec tion (1)(b) may provide that  the requirement applies
only if the authorised person satisf ies any conditions specified in the
regulations.
(7) In deciding whether to specify a desc ription of goods or services for the
purposes of subsection (2)(d), the Secret ary of State must (among other things)
have regard to the following—
(a) the typical duration of the peri od during which transactions between
suppliers or providers of the goods or services and their customers take
place;
(b) the typical volume and fr equency of the transactions;
(c) the typical significance for customers of the costs incurred by them
through the transactions;
(d) the effect that specifying the goods or services might have on the ability
of customers to make an inform ed choice about which supplier or
provider of the goods or services, or  which particular goods or services,
to use;
(e) the effect that specifying the goods or services might have on
competition between suppliers or pr oviders of the goods or services.
(8) The power to make regulations under this section may be exercised—
(a) so as to make provision generall y, only in relation to particular
descriptions of regulated persons, customers or customer data or only
in relation to England, Wales,  Scotland or No rthern Ireland;
(b) so as to make different provision fo r different descriptions of regulated
persons, customers or customer data;
(c) so as to make different provisio n in relation to England, Wales,
Scotland and Northern Ireland;
(d) so as to provide for exceptions or exemptions from any requirement
imposed by the regulation s, including doing so by  reference to the costs
to the regulated person of comply ing with the requirement (whether
generally or in particular cases).
(9) For the purposes of this section, a pe rson (“C”) is a customer of another person
(“R”) if—Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 6 — Miscellaneous and general85
(a) C has at any time, including a ti me before the commencement of this
section, purchased (whether for the use of C or another person) goods
or services supplied or provided by R or received such goods or
services free of charge, and
(b) the purchase or receipt occurred—
(i) otherwise than in the course of a business, or
(ii) in the course of a business of a description specified in the
regulations.
(10) In this section, “mobile phone serv ice” means an electr onic communications
service which is provided wholly or main ly so as to be available to members of
the public for the purpose of communicati ng with others, or accessing data, by
mobile phone.
90 Supply of customer data: enforcement
(1) Regulations may make provision for the enforcement of regulations under
section 89 (“customer data regulation s”) by the Information Commissioner or
any other person specified in the regulations (and, in this section, “enforcer”
means a person on whom functions of  enforcement are conferred by the
regulations). 
(2) The provision that may be made un der subsection (1) includes provision—
(a) for applications for orders requ iring compliance with the customer
data regulations to be made by an  enforcer to a court or tribunal;
(b) for notices requiring compliance wi th the customer da ta regulations to
be issued by an enforcer and for the enforcement of such notices(including provision for their enforcem ent as if they were orders of a
court or tribunal).
(3) The provision that may be made under subsection (1) also includes provision—
(a) as to the powers of an enforcer  for the purposes of investigating
whether there has been, or is likely to be, a breach of the customer data
regulations or of orders or notice s of a kind mentioned in subsection
(2)(a) or (b) (which may include po wers to require the provision of
information and powers of entry, search, inspection and seizure);
(b) for the enforcement of requiremen ts imposed by an enforcer in the
exercise of such powers (which may include provision comparable to
any provision that is, or could be, included in the re gulations for the
purposes of enforcing the cu stomer data regulations).
(4) Regulations under subsection (1) may—
(a) require an enforcer (if not the In formation Commissioner) to inform the
Information Commissioner if the enforcer intends to exercise functionsunder the regulations in a particular case;
(b) provide for functions under the re gulations to be exercisable by more
than one enforcer (whether concurrently or jointly);
(c) where such functions are exercisable concurrently by more than one
enforcer—
(i) designate one of the enfo rcers as the lead enforcer;
(ii) require the other enforcers to consult the lead enforcer before
exercising the functions in a particular case;
(iii) authorise the lead enforcer to give directions as to which of the
enforcers is to exercise the functions in a particular case.Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 6 — Miscellaneous and general86
(5) Regulations may make provision fo r applications for orders requiring
compliance with the customer data re gulations to be made to a court or
tribunal by a customer who has made a request under those regulations or in
respect of whom such a request has been made.
(6) Subsection (8)(a) to (c) of section 89 a pplies for the purposes of this section as
it applies for the purposes of that section.
(7) The Secretary of State may make payments out of money provided by
Parliament to an enforcer.
(8) In this section, “custom er” and “regulated person” have the same meaning as
in section 89.
91 Supply of customer data: supplemental
(1) The power to make regulations under section 89 or 90 includes—
(a) power to make incidental, supplem entary, consequential, transitional
or saving provision;
(b) power to provide for a person to  exercise a discretion in a matter.
(2) Regulations under either of those sections must be made by statutory
instrument.
(3) A statutory instrument containing (whether alone or with other provision)—
(a) regulations under section 89 which ma ke provision by virtue of section
89(2)(d), or
(b) regulations under section 90,
may not be made unless a draft of the instrument has been laid before, and
approved by a resolution of , each House of Parliament.
(4) A statutory instrument which—
(a) contains regulations under section 89, and
(b) is not an instrument to which subsection (3) applies,
is subject to annulment in pursuance of a resolution of either House of
Parliament.
Insolvency: protection of essential supplies
92 Power to add to supplies protected under Insolvency Act 1986
(1) The Secretary of State may by order amend section 233 of the Insolvency Act
1986 so as to add to the supplies mentione d in subsection (3) of that section any
of the following—
(a) a supply of gas, electricity, wa ter or communication services by a
specified description of person;
(b) a supply of a specified description of goods or services by a specified
description of person where the su pply is for the purpose of enabling
or facilitating anything to be done by electronic means.
(2) The Secretary of State may by order amend section 372 of that Act of 1986 so as
to add to the supplies mentioned in subsection (4) of that section any of thefollowing—
(a) a supply of gas, electricity, wa ter or communication services by a
specified description of person;Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 6 — Miscellaneous and general87
(b) a supply of a specified description of goods or services by a specified
description of person where the su pply is for the purpose of enabling
or facilitating anything to be done by electronic means.
(3) The power to make an order under this section includes power to make
incidental, supplementary, consequentia l, transitional or saving provision,
including doing so by amending any enactment.
(4) An order under this section must be made by statutory instrument.
(5) A statutory instrument containing an order under this section may not be
made unless a draft of the instrument has been laid before, and approved by aresolution of, each House of Parliament.
(6) In this section—
 “enactment” includes—
(a) an enactment contained in subordinate legislation (within the
meaning of the Interpretation Act 1978),
(b) an enactment contained in, or in an instrument made under, an
Act of the Scottish  Parliament, and
(c) an enactment contained in, or in an instrument made under, a
Measure or Act of the National Assembly for Wales; and
“specified” means specified in the order.
93 Corporate insolvency: power to give further protection to essential supplies
(1) The Secretary of State may by order make provision for insolvency-related
terms of a contract for the supply of es sential goods or services to a company
to cease to have effect where—
(a) the company enters administration or a voluntary arrangement under
Part 1 of the Insolvency Act 1986 ta kes effect in relation to it, and
(b) any conditions specified in the order are met.
(2) The order must include provision for securing that, where an insolvency-
related term of a contract ceases to ha ve effect under the order, the contract
may be terminated by the supplier if—
(a) an insolvency office-holder consents to the termination,
(b) a court grants permissi on for the termination, or
(c) any charges in respect of the supply that are incurred after the company
enters administration or  the voluntary arrangement takes effect are not
paid within the period of 28 days  beginning with the day on which
payment is due.
(3) The order must include provision for securing that, where an insolvency-
related term of a contract ceases to ha ve effect under the order, the supplier
may terminate the supply unless an insolvency office-holder personally
guarantees the payment of any charges in  respect of the continuation of the
supply.
(4) The order may provide for exceptions to  the right of a supplier to terminate a
supply under provision made by  virtue of subsection (3).
(5) The order must (in addition to the provision mentioned in subsections (2) and
(3)) include such other provision as the Secretary of State considers appropriate
for securing that the interests of suppliers are protected.Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 6 — Miscellaneous and general88
(6) A contract for the supply of essential goods or services is a contract for a supply
mentioned in section 233(3) of the Insolvency Act 1986.
(7) An insolvency-related term of a cont ract for the supply of essential goods or
services to a company is a provision of the contract under which—
(a) the contract or the supply would terminate, or any other thing would
take place, because the company ente rs administration or the voluntary
arrangement takes effect, 
(b) the supplier would be entitled to terminate the contract or the supply,
or to do any other thin g, because the company en ters administration or
the voluntary arrangement takes effect, or
(c) the supplier would be entitled to terminate the contract or the supply
because of an event that occurred before the company entersadministration or the voluntary arrangement takes effect. 
(8) In this section, “insol vency office-holder” means—
(a) in a case where a company enters administration, the administrator;
(b) in the case where a voluntary arrangement under Part 1 of the
Insolvency Act 1986 takes effect in relation to a company, the
supervisor of the voluntary arrangement.
94 Individual insolvency: power to give further protection to essential supplies
(1) The Secretary of State may by order make provision for insolvency-related
terms of a contract for the supply of esse ntial goods or services to an individual
to cease to have effect where—
(a) a voluntary arrangement proposed  by the individual is approved
under Part 8 of the Insolvency Act 1986, and
(b) any conditions specified in the order are met.
(2) The order must include a condition that ensures that an insolvency-related
term of a contract for the supply of essential goods or services to an individualdoes not cease to have effect unless th e supply is for the purpose of a business
that is or has been carrie d on by the individual or  with which the individual
has or had another conn ection of a kind specified in the order.
(3) The order must include provision for securing that, where an insolvency-
related term of a contract ceases to ha ve effect under the order, the contract
may be terminated by the supplier if—
(a) the supervisor of the volunt ary arrangement consents to the
termination,
(b) a court grants permissi on for the termination, or
(c) any charges in respect of the supply that are incurred after the
voluntary arrangement proposed by th e individual is approved are not
paid within the period of 28 days  beginning with the day on which
payment is due.
(4) The order must include provision for securing that, where an insolvency-
related term of a contract ceases to ha ve effect under the order, the supplier
may terminate the supply unless the supe rvisor of the voluntary arrangement
personally guarantees the payment of any charges in respect of thecontinuation of the supply.
(5) The order may provide for exceptions to  the right of a supplier to terminate a
supply under provision made by  virtue of subsection (4).Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 6 — Miscellaneous and general89
(6) The order must (in addition to the provision mentioned in subsections (3) and
(4)) include such other provision as the Secretary of State considers appropriate
for securing that the interests of suppliers are protected.
(7) A contract for the supply of essential goods or services is a contract for a supply
mentioned in section 372(4) of the Insolvency Act 1986.
(8) An insolvency-related term of a cont ract for the supply of essential goods or
services to an individual is a pr ovision of the contract under which—
(a) the contract or the supply would terminate, or any other thing would
take place, because the voluntar y arrangement proposed by the
individual is approved, 
(b) the supplier would be entitled to terminate the contract or the supply,
or to do any other thing, becaus e the voluntary arrangement proposed
by the individual is approved, or
(c) the supplier would be entitled to terminate the contract or the supply
because of an event that occurred before the voluntary arrangementproposed by the indi vidual is approved.
95 Sections 93 and 94: supplemental
(1) The power to make an order un der section 93 or 94 includes—
(a) power to make different provision for different cases;
(b) power to provide for a person to  exercise a discretion in a matter;
(c) power to make incidental, supplem entary, consequential, transitional
or saving provision;
(d) power to make any provision th at may be made by the order by
amending the Insolvency Act 1986 or any other enactment.
(2) An order under either of those sections may not be made so as to have effect in
relation to contracts en tered into before the order come into force.
(3) An order under either of those sections must be made by statutory instrument.
(4) A statutory instrument containing an order under either of those sections may
not be made unless a draft of the instrument has been laid before, andapproved by a resolution of , each House of Parliament.
(5) In this section, “enactment” has the same meaning as in section 92.
Royal Charters
96 Royal Charters: requirement s for Parliamentary approval
Where a body is established by Royal Charter after 1 March 2013 with
functions relating to the carrying on of an industry, no recommendation maybe made to Her Majesty in Council to amend the body’s Charter or dissolve the
body unless any requirements included in the Charter on the date it is granted
for Parliament to approve the amendment or dissolution have been met.Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 6 — Miscellaneous and general90
Caste as an aspect of race
97 Equality Act 2010: caste as an aspect of race
(1) Section 9(5) of the Equality Act 2010 is amended in accordance with
subsections (2) to (4).
(2) Omit “may by order”.
(3) In paragraph (a) (power to provide for caste to be an aspect of race) at the
beginning insert “must by order”.
(4) In paragraph (b) (power to provide for exceptions to apply or not to apply to
caste) at the beginning insert “may by order”.
(5) A Minister of the Crown—
(a) may carry out a review of the effect of section 9(5) of the Equality Act
2010 (and orders made under it) and whether it remains appropriate,and
(b) must publish a report on th e outcome of any such review.
(6) The power under subsection (5)(a) may not be exercised before the end of the
period of 5 years beginning with the day on which this Act is passed (but may
be exercised on more than one occasion after that).
(7) If a Minister of the Crown considers it  appropriate in the light of the outcome
of a review under subsection (5), the Mi nister may by order repeal or otherwise
amend section 9(5) of the Equality Act 2010.
(8) The power to make an order under subsection (7) includes power to make
incidental, supplementary, consequentia l, transitional or saving provision,
including doing so by amending an Act or subordinate legislation (within the
meaning of the Interpretation Act 1978).
(9) An order under subsection (7) must be made by statutory instrument.
(10) A statutory instrument containing an order under subsection (7) may not be
made unless a draft of the instrument has been laid before, and approved by aresolution of, each House of Parliament.
Equal pay audits
98 Power to provide for equal pay audits
(1) The Equality Act 2010 is amended as follows.
(2) After section 139 insert—
“139A    Equal pay audits
(1) Regulations may make provision re quiring an employment tribunal to
order the respondent to carry out an  equal pay audit in any case where
the tribunal finds that there has been an equal pay breach.
(2) An equal pay breach is—
(a) a breach of an equality clause, or
(b) a contravention in relation to pa y of section 39(2), 49(6) or 50(6),
so far as relating to sex discrimination.Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 6 — Miscellaneous and general91
(3) An equal pay audit is an audit design ed to identify action to be taken
to avoid equal pay breaches occurring or continuing.
(4) The regulations may make furthe r provision about equal pay audits,
including provision about—
(a) the content of an audit;
(b) the powers and duties of a tr ibunal for deciding whether its
order has been complied with;
(c) any circumstances in which an audit may be required to be
published or may be di sclosed to any person.
(5) The regulations must provide for an equal pay audit not to be ordered
where the tribunal considers that—
(a) an audit completed by the resp ondent in the previous 3 years
meets requirements prescr ibed for this purpose,
(b) it is clear without an audit whether any action is required to
avoid equal pay breaches occurring or continuing,
(c) the breach the tribunal has found gives no reason to think that
there may be other breaches, or
(d) the disadvantages of an equa l pay audit would outweigh its
benefits.
(6) The regulations may provide for an employment tribunal to have
power, where a person fails to comp ly with an order to carry out an
equal pay audit, to order that person  to pay a penalty to the Secretary
of State of not more than an amount specified in the regulations.
(7) The regulations may provide for that power—
(a) to be exercisable in prescribed circumstances;
(b) to be exercisable more than once, if the failure to comply
continues.
(8) The first regulations ma de by virtue of subsection (6) must not specify
an amount of more than £5,000.
(9) Sums received by the Secretary of State under the regulations must be
paid into the Consolidated Fund.
(10) The first regulations under this section must specify an exemption
period during which the requiremen t to order an equal pay audit does
not apply in the case of a business that—
(a) had fewer than 10 employees immediately before a specified
time, or
(b) was begun as a new business in a specified period.
(11) For the purposes of subsection (10)—
(a) “specified” means specifie d in the regulations, and
(b) the number of employees a bu siness had or the time when a
business was begun as a new business is to be determined inaccordance with the regulations.
(12) Before making regulations under th is section, a Minister of the Crown
must consult any other Minister of the Crown with responsibility for
employment tribunals.”Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 6 — Miscellaneous and general92
(3) In section 207(6) (exercise of power to  make subordinate legislation: power to
amend enactments) after “37,” and after “i n the case of sectio n” insert “139A,”.
(4) In section 208(5) (subordinate legislation by Ministers of the Crown etc:
affirmative procedure) af ter paragraph (e) insert—
“(ea) regulations under section 139A (equal pay audits);”.
General
99 Consequential amendments, repeals and revocations
(1) The Secretary of State may by order made by statutory instrument make such
provision as the Secretary of State considers appropriate in consequence of thisAct.
(2) The power conferred by su bsection (1) includes power—
(a) to make transitional, tran sitory or saving provision;
(b) to amend, repeal, revoke or othe rwise modify any provision made by
or under an enactment (including any enactment passed or made in thesame Session as this Act).
(3) An order under subsection (1) which makes provision for the transfer of a
function from the Competition Commission or the Office of Fair Trading to the
Competition and Markets Authority in co nsequence of Part 3 of this Act may
make such modifications to  the function as the Secr etary of State considers
appropriate in consequence of the transfer.
(4) The modifications mentioned in subsec tion (3) may, in pa rticular, alter the
circumstances in which, or the cond itions under which, the function is
exercisable.
(5) A statutory instrument containing (whether alone or with other provision) an
order under this section which amends, repeals or revokes any provision of
primary legislation is not to be made unless a draft of the instrument has been
laid before, and approved by a resolu tion of, each House of Parliament.
(6) A statutory instrument containing an order under this section which does not
amend, repeal or revoke any provision of primary legislation is subject toannulment in pursuance of  a resolution of either House of Parliament.
(7) In this section—
“enactment” includes an Act of the Sc ottish Parliament, a Measure or Act
of the National Assembly for Wales and Northern Ireland legislation;
“primary legislation” means—
(a) an Act of Parliament,
(b) an Act of the Scottish Parliament,
(c) a Measure or Act of the Na tional Assembly for Wales, and
(d) Northern Ireland legislation.
100 Transitional, transitory or saving provision
The Secretary of State may by order ma de by statutory instrument make such
transitional, transitory or saving provis ion as the Secretary of State considers
appropriate in connection with the comi ng into force of any provision of this
Act.Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 6 — Miscellaneous and general93
101 Financial provision
There is to be paid out of money provided by Parliament—
(a) any expenditure incurred under or by virtue of this Act by the Secretary
of State or the Competition and Markets Authority, and
(b) any increase attributable to this Act in the sums payable under any
other Act out of money so provided.
102 Extent
(1) Part 1 extends to England and Wales, Scotland and Northern Ireland.
(2) Part 2 extends only to England and Wales and Scotland, except that the
following provisions of that Part extend also to Northern Ireland—
(a) section 23(3);
(b) paragraph 11 of Schedule 1;
(c) paragraphs 36 to 39 of Schedule 2.
(3) Part 3 extends to England and Wales, Scotland and Northern Ireland, except as
follows—
(a) paragraphs 15 to 44, 69 to 84 and 101 to 107 of Schedule 6 extend only
to England and Wales and Scotland;
(b) paragraphs 52 to 68, 96, 108 to 123 and 127 to 139 of that Schedule
extend only to England and Wales;
(c) paragraphs 9 to 14, 45 to 51, 171 to 180 and 192 to 209 of that Schedule
extend only to Scotland;
(d) paragraphs 149 to 170 and 181 to 191 of that Schedule extend only to
Northern Ireland.
(4) Part 4 extends to England and Wales, Scotland and Northern Ireland, except as
follows—
(a) paragraphs 1 to 7 and 11 to 14 of Schedule 14 and paragraphs 2, 3, 7, 13
and 41 of Schedule 15, extend only  to England and Wales and Scotland;
(b) paragraphs 8 to 10 and 20 to 22 of Schedule 14, and paragraphs 4 to 6
and 47 to 49 of Schedule 15, ex tend only to England and Wales;
(c) paragraphs 23 to 29 of Schedule 14, and paragraphs 53 to 55 of Schedule
15, extend only to Northern Ireland.
(5) Part 5 extends as follows—
(a) sections 59, 62, 67, 68 and 70 and Part 1 of Schedule 21 extend to
England and Wales, Scotland and Northern Ireland,
(b) section 69 extends only to Englan d and Wales and Scotland except that
it also extends to Northern Ireland so far as Parts 1 and 4 of the Health
and Safety at Work etc. Act 1974 extend there,
(c) sections 64, 65 and 66 and paragraphs 1, 56 to 58, 60 and 66 of Schedule
19 (and section 71(3) so far as it re lates to those paragraphs) extend only
to England and Wales and Scotland,
(d) sections 60, 61, 63, 71(1) and (2) and 72(1) to (3), Schedules 16, 17 and 18,
paragraphs 2 to 55, 59, 61 to 65 of Schedule 19 (and section 71(3) so faras it relates to those paragraphs) and Parts 2 and 3 of Schedule 21extend only to Engl and and Wales, and
(e) an amendment, repeal or revocation made by Schedule 20 has the same
extent as the provision amended, repealed or revoked, subject to
subsection (6).Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 6 — Miscellaneous and general94
(6) The repeals of the following provisions in Schedule 20 extend to England and
Wales only—
(a) section 67 of the Agriculture Act 1967,
(b) paragraph 32 of Schedule 2 to the Social Security (Consequential
Provisions) Act 1975,
(c) paragraph 10 of Schedule 4 to the Social Security Pensions Act 1975,
(d) paragraph 12 of Schedule 17 to the Employment Prot ection Act 1975,
and
(e) paragraph 4 of Schedule 2 to the Social Security (Consequential
Provisions) Act 1992.
(7) If a provision repealed by Part 1 of Schedule 21 extends to the Isle of Man or
any of the Channel Islands, Her Majest y may by Order in Council extend the
repeal there.
(8) This Part extends to England and Wale s, Scotland and Northern Ireland except
that— 
(a) sections 92, 93, 95, 97 and 98 extend only to England and Wales and
Scotland;
(b) sections 83 to 88, 94 and 96 extend only to England and Wales.
103 Commencement
(1) The following provisions come into force on the day on which this Act is
passed—
(a) section 10;
(b) section 24;
(c) section 28;
(d) sections 52 and 53;
(e) section 59;
(f) sections 75 to 78 and Schedule 22;
(g) sections 92 to 96;
(h) sections 98 to 104;
(i) any other provision so far as is necessary for enabling the exercise on or
after the day on which this Act is passed of any powe r (arising under
or by virtue of that provision) to make provision by regulations, rules
or order made by statutory instrument.
(2) The following provisions (so far as not already in force by virtue of subsection
(1)(i)) come into force at the end of the period of 2 months beginning with the
day on which this Act is passed—
(a) Part 1;
(b) sections 12, 13, 15, 17, 18, 20, 21 and 22;
(c) section 62;
(d) section 64;
(e) section 97;
(f) paragraphs 7 and 8 of Schedule 17 (and section 63 so far as it relates to
them);
(g) Parts 1 and 2 of Schedule 21 (and section 73 so far as it relates to them).Enterprise and Regulatory Reform Act 2013 (c. 24)
Part 6 — Miscellaneous and general95
(3) Except as provided by subsections (1) and (2), the provisions of this Act come
into force on such day as the Secretary of State may by order made by statutory
instrument appoint.
(4) An order under subsection (3) may appoint different days for different
purposes.
104 Short title
This Act may be cited as the Enterpri se and Regulatory Reform Act 2013.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 1 — Conciliation: mino r and consequential amendments96
SCHEDULES
SCHEDULE 1 Section 7(2)
CONCILIATION : MINOR  AND  CONSEQUENTIAL  AMENDMENTS
Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)
1 In section 288 of the Trade Union and Labour Relations (Consolidation) Act
1992 (restriction on cont racting out), in subsection  (2), for “section 18”
substitute “any of sections 18A to 18C”.
Employment Tribunals Act 1996 (c. 17)
2 The Employment Tribunals Act 1996 is amended as follows.
3 In section 7 (employment tribunal pr ocedure regulation s), in subsection
(3ZA)(b), after “form” insert “(includ ing certificates issued under section
18A(4))”.
4 In section 7B (mediation), in subsecti on (5), for “the Advisory, Conciliation
and Arbitration Service”  substitute “ACAS”.
5 (1) Section 18 (conciliation) is amended as follows.
(2) At the end of the heading insert “: relevant proceedings etc.”
(3) In subsection (1), for the words be fore paragraph (a) substitute “In this
section and sections 18A to 18C “relevant proceedings” means employmenttribunal proceedings—”.
(4) In subsection (1)(b)—
(a) after “68” insert “, 70B”;
(b) after “Act 1992” insert “or paragrap h 156 of Schedule A1 to that Act”.
(5) In subsection (1)(dd), for “20( 1)(a)” substitu te “19D(1)(a)”.
(6) Omit subsection (1)(f) and (n).
(7) After subsection (1) insert—
“(1A) Sections 18A and 18B apply in the case of ma tters which could be the
subject of relevant proceedings, an d section 18C applies in the case
of relevant proceed ings themselves.”
(8) Omit subsections (2) to (5).
(9) In subsections (6) and (7), for “this se ction” substitute “any of sections 18A
to 18C”.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 1 — Conciliation: mino r and consequential amendments97
6 After section 18B (inserted by section 7(1)) insert—
“18C Conciliation after ins titution of proceedings
(1) Where an application instituting relevant proceedings has been
presented to an employment tribunal, and a copy of it has been sentto a conciliation officer, the conc iliation officer shall endeavour to
promote a settlement—
(a) if requested to do so by th e person by whom and the person
against whom the procee dings are brought, or
(b) if, in the absence of any such request, the conciliation officer
considers that the officer could act under this section with areasonable prospect of success.
(2) Where a person who has presented a complaint to an employment
tribunal under section 111 of the Employment Rights Act 1996 hasceased to be employed by the em ployer against whom the complaint
was made, the conciliation officer may in particular—
(a) seek to promote the reinstat ement or re-engagement of the
complainant by the employer, or by a successor of theemployer or by an associated  employer, on terms appearing
to the conciliation officer to be equitable, or
(b) where the complainant does not wish to be reinstated or re-
engaged, or where reinstatem ent or re-engagement is not
practicable, and the parties desi re the conciliation officer to
act, seek to promote agreement between them as to a sum byway of compensation to be pa id by the employer to the
complainant.
(3) In subsection (1) “settlement”  means a settlement that brings
proceedings to an end without their being determined by an
employment tribunal.”
7 In section 19A (conciliation: recovery of sums payable under compromises),
in subsection (1)(a)(i), fo r “section 18” substitute “any of sections 18A to
18C”.
8 In section 40 (power to amend Act), in  subsection (2), omit the words from
“and to section 18” to the end.
9 In section 42 (interpretation), in subsection (1)—
(a) before the definition of “the Appeal Tribunal” insert—
““ACAS” means the Advisory, Conciliation and
Arbitration Service,”;
(b) in the definition of “conciliati on officer” for “the Advisory,
Conciliation and Arbitration Service” substitute “ACAS”.
Employment Rights Act 1996 (c. 18)
10 In section 203 of the Employment Rights Act 1996 (restrictions on
contracting out), in subsec tion (2)(e), for “section  18” substitute “any of
sections 18A to 18C”.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 1 — Conciliation: mino r and consequential amendments98
National Minimum Wage Act 1998 (c. 39)
11 In section 49 of the National Mi nimum Wage Act 1998 (restrictions on
contracting out), in subsec tion (2)(a), for “section  18” substitute “any of
sections 18A to 18C”.
Employment Act 2008 (c. 24)
12 Section 5 of the Employment Act 2008 (which amends provisions repealed
by paragraph 5(8)) is omitted.
Pensions Act 2008 (c. 30)
13 In section 58 of the Pensions Act 2008 (restrictions on agreements to limit
operation of Part 1), in subsection (3 ), for “section 18” substitute “any of
sections 18A to 18C”.
SCHEDULE 2 Section 8
EXTENSION  OF LIMITATION  PERIODS  TO ALLOW  FOR CONCILIATION
Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)
1 The Trade Union and Labour Relations (Consolidation) Act 1992 is amended
as follows. 
2 In section 66 (complaint of infringement of right under section 64), after
subsection (2) insert—
“(2A) Section 292A (extension of time li mits to facilitate conciliation before
institution of proceedings) applie s for the purposes of subsection
(2)(a).”
3 In section 68A (complaint of infringement of right under section 68), after
subsection (1) insert—
“(1A) Section 292A (extension of time li mits to facilitate conciliation before
institution of proceedings) applie s for the purposes of subsection
(1)(a).”
4 In section 70C (section 70B: compla int to employment tribunal), after
subsection (2) insert—
“(2A) Section 292A (extension of time li mits to facilitate conciliation before
institution of proceedings) applie s for the purposes of subsection
(2)(a).”
5 In section 87 (complaint in respect of  employer’s failure under section 86),
after subsection (2) insert—
“(2A) Section 292A (extension of time li mits to facilitate conciliation before
institution of proceedings) applie s for the purposes of subsection
(2)(a).”
6 In section 139 (time limit for proceedin gs under sections 137 and 138), afterEnterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 2 — Extension of limitation periods to allow for conciliation99
subsection (3) insert—
“(4) Section 292A (extension of time li mits to facilitate conciliation before
institution of proceedings) applie s for the purposes of subsection
(1)(a).”
7 (1) Section 145C (time limit for proceedings under sections 145A and 145B) is
amended as follows.
(2) The existing text becomes subsection (1).
(3) After that subsection insert—
“(2) Section 292A (extension of time li mits to facilitate conciliation before
institution of proceedings) applie s for the purposes of subsection
(1)(a).”
8 In section 147 (time limit for proceedings under section 146), after subsection
(3) insert—
“(4) Section 292A (extension of time li mits to facilitate conciliation before
institution of proceedings) applie s for the purposes of subsection
(1)(a).”
9 (1) Section 171 (time limit for proceedings under sections 168, 168A, 169 and
170) is amended as follows.
(2) The existing text becomes subsection (1).(3) After that subsection insert—
“(2) Section 292A (extension of time li mits to facilitate conciliation before
institution of proceedings) applie s for the purposes of subsection
(1)(a).”
10 (1) Section 175 (time limit for proceed ings under section 174) is amended as
follows.
(2) The existing text becomes subsection (1).
(3) After that subsection insert—
“(2) Section 292A (extension of time li mits to facilitate conciliation before
institution of proceedings) applie s for the purposes of subsection
(1)(a).”
11 In section 189 (complaint: contravention of section 188), after subsection (5)
insert—
“(5A) Where the complaint concerns a failure to comply with a
requirement of section 188, section 292A (extension of time limits to
facilitate conciliation before institution of proceedings) applies for
the purposes of subsection (5)(b).”
12 In section 192 (complaint by em ployee to employment tribunal:
contravention of section 190), after subsection (2) insert—
“(2A) Section 292A (extension of time li mits to facilitate conciliation before
institution of proceedings) applie s for the purposes of subsection
(2)(a).”Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 2 — Extension of limitation periods to allow for conciliation100
13 After section 292 insert—
“292A Extension of time limits to facilitate co nciliation before institution of 
proceedings
(1) This section applies where this Ac t provides for it to apply for the
purposes of a provision of this Act (a “relevant provision”). 
(2) In this section—
(a) Day A is the day on whic h the complainant concerned
complies with the requirement in subsection (1) of section18A of the Employment Tribunals Act 1996 (requirement tocontact ACAS before institutin g proceedings) in relation to
the matter in respect of which the proceedings are brought, and
(b) Day B is the day on whic h the complainant concerned
receives or, if earlier, is tr eated as receiving (by virtue of
regulations made under subsection  (11) of that section) the
certificate issued under subs ection (4) of that section.
(3) In working out when a time limit set by a relevant provision expires
the period beginning with the day after Day A and ending with Day
B is not to be counted. 
(4) If a time limit set by a relevant  provision would (if not extended by
this subsection) expire during th e period beginning with Day A and
ending one month after Day B, the time limit expires instead at theend of that period.
(5) Where an employment tribunal has power under this Act to extend
a time limit set by a relevant prov ision, the power is exercisable in
relation to the time limit as extended by this section.”
14 In Schedule A1 (collective bargaining: recognition), in paragraph 157
(complaint to employment tribunal: contravention of paragraph 156), aftersub-paragraph (3) insert—
 “(4) Section 292A (extension of ti me limits to facilitate conciliation
before institution of proceedings) applies for the purposes of sub-
paragraph (1)(a).”
Employment Rights Act 1996 (c. 18)
15 The Employment Rights Act 1996 is amended as follows.
16 In section 11 (references to employment tribunals: contravention of section
8), after subsection (5) insert—
“(6) Where the reference concerns compliance with section 8, section
207B (extension of time limits to facilitate conciliation before
institution of proceedings) al so applies for the purposes of
subsection (4)(a).”
17 In section 23 (complaints to employment tribunals: contravention of section
13, 15, 18(1) or 21(1)), in subsection (3 A), for “applies” substitute “and section
207B (extension of time limits to facili tate conciliation before institution of
proceedings) apply”.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 2 — Extension of limitation periods to allow for conciliation101
18 In section 34 (complaints to employment tribunals: contravention of section
28), in subsection (2A), for “applies” substitute “and section 207B (extension
of time limits to facilitate conciliati on before institut ion of proceedings)
apply”.
19 In section 48 (complaints to employment tribunals: contravention of Part 5),
in subsection (4A), for “applies” substi tute “and section 207B (extension of
time limits to facilitate conciliation be fore institution of proceedings) apply”.
20 In section 51 (complaints to employment tribunals: contravention of section
50), in subsection (2A), for “applies” substitute “and section 207B (extension
of time limits to facilitate conciliati on before institut ion of proceedings)
apply”.
21 In section 54 (complaints to employment tribunals: contravention of section
5 2  o r  5 3 ) ,  i n  s u b s e c t i o n  ( 2 A ) ,  f o r  “ a p p l i e s ”  s u b s t i t u t e  “ a n d  s e c t i o n  2 0 7 B(extension of time limits to facilita te conciliation before institution of
proceedings) apply”.
22 In section 57 (complaints to employment tribunals: contravention of section
55 or 56), in subsection (2A), for the words from “applies” to the end
substitute “and section 207B (extension of time limits to facilitate conciliation
before institution of proceedings) a pply for the purpos es of subsection
(2)(a)”.
23 In section 57ZC (complaint to employ ment tribunal: agency workers), after
subsection (3) insert—
“(3A) Section 207A(3) (extension because of mediation in certain European
cross-border disputes) and section 20 7B (extension of time limits to
facilitate conciliation before instit ution of proceedings) apply for the
purposes of subsection (3)(a).”
24 In section 57B (complaint to employme nt tribunal: contravention of section
57A), in subsection (2A), for “appl ies” substitute “and section 207B
(extension of time limits to facilita te conciliation before institution of
proceedings) apply”.
25 In section 60 (complaints to employment tribunals: contravention of section
5 8  o r  5 9 ) ,  i n  s u b s e c t i o n  ( 2 A ) ,  f o r  “ a p p l i e s ”  s u b s t i t u t e  “ a n d  s e c t i o n  2 0 7 B(extension of time limits to facilita te conciliation before institution of
proceedings) apply”.
26 In section 63 (complaints to employment tribunals: contravention of section
6 1  o r  6 2 ) ,  i n  s u b s e c t i o n  ( 2 A ) ,  f o r  “ a p p l i e s ”  s u b s t i t u t e  “ a n d  s e c t i o n  2 0 7 B(extension of time limits to facilita te conciliation before institution of
proceedings) apply”.
27 In section 63C (complaints to employment tribunals: contravention of
section 63A or 63B), in subsection (2A) , for “applies” substi tute “and section
207B (extension of time limits to facili tate conciliation before institution of
proceedings) apply”.
28 In section 63I (complaints to employment tribunals: contravention of section
63F(4), (5) or (6) or 63I(1)(b)), in subs ection (7), for “applies” substitute “and
section 207B (extension of time limi ts to facilitate conciliation before
institution of proceedings) apply”.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 2 — Extension of limitation periods to allow for conciliation102
29 In section 70 (complaints to employment tribunals: contravention of section
64, 67 or 68), in subsection (8), for “applies” substitute “and section 207B(extension of time limits to facilita te conciliation before institution of
proceedings) apply”.
30 In section 70A (complaints to employme nt tribunals: agency workers), after
subsection (7) insert—
“(7A) Section 207A(3) (extension because of mediation in certain European
cross-border disputes) and section 20 7B (extension of time limits to
facilitate conciliation before instit ution of proceedings) apply for the
purposes of subsecti ons (2)(a) and (5)(a).”
31 In section 80 (complaint to empl oyment tribunal: parental leave), in
subsection (2A), for “applies” substitute  “and section 207B (extension of time
limits to facilitate conciliation before  institution of proceedings) apply”.
32 In section 80H (complaints to employment tribunals: contravention of
section 80G(1) or 80H(1)(b)), in subsec tion (7), for “applies” substitute “and
section 207B (extension of time limi ts to facilitate conciliation before
institution of proceedings) apply”.
33 In section 111 (complaints to employme nt tribunal: contravention of section
92 or Part 10), in subsection (2A), fo r “applies” substitute “and section 207B
(extension of time limits to facilita te conciliation before institution of
proceedings) apply”.
34 In section 164 (claims for redundancy payment: contravention of section
135), after subsection (4) insert—
“(5) Section 207B (extension of time limits to facilitate conciliation before
institution of proceedings) applie s for the purposes of subsections
(1)(c) and (2).”
35 After section 207A (extension of time limits because of mediation in certain
cross-border disputes) insert—
“207B Extension of time limits to fac ilitate conciliation before institution of 
proceedings
(1) This section applies where this Ac t provides for it to apply for the
purposes of a provision of this Act (a “relevant provision”). 
But it does not apply to a dispute that is (or so much of a dispute as
is) a relevant dispute for th e purposes of section 207A.
(2) In this section—
(a) Day A is the day on which the complainant or applicant
concerned complies with the re quirement in subsection (1) of
section 18A of the Employment Tribunals Act 1996(requirement to contact ACAS before institutingproceedings) in relation to the matter in respect of which the
proceedings are brought, and
(b) Day B is the day on which the complainant or applicant
concerned receives or, if earlie r, is treated as receiving (by
virtue of regulations made un der subsection (11) of that
section) the certificate issued under subsection (4) of thatsection.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 2 — Extension of limitation periods to allow for conciliation103
(3) In working out when a time limit set by a relevant provision expires
the period beginning with the day after Day A and ending with Day
B is not to be counted. 
(4) If a time limit set by a relevant  provision would (if not extended by
this subsection) expire during th e period beginning with Day A and
ending one month after Day B, the time limit expires instead at theend of that period.
(5) Where an employment tribunal has power under this Act to extend
a time limit set by a relevant prov ision, the power is exercisable in
relation to the time limit as extended by this section.”
National Minimum Wage Act 1998 (c. 39)
36 The National Minimum Wage Act 1998 is amended as follows.
37 In section 11 (failure of employer to allow access to reco rds), after subsection
(4) insert—
“(4A) Where the complaint is presen ted to an employment tribunal in
England and Wales or Scotland, section 11A applies for the purposesof subsection (3).”
38 After section 11 insert—
“11A  Extension of time limit to facilita te conciliation before institution of 
proceedings
(1) In this section—
(a) Day A is the day on which the worker concerned complies
with the requirement in subsecti on (1) of section 18A of the
Employment Tribunals Act 1996 (requirement to contactACAS before instituting proceedings) in relation to thematter in respect of which the proceedings are brought, and
(b) Day B is the day on which th e worker concerned receives or,
if earlier, is treated as rece iving (by virtue of regulations
made under subsection (11) of that section) the certificateissued under subsection (4) of that section.
(2) In working out when th e time limit set by section 11(3) expires the
period beginning with the day afte r Day A and ending with Day B is
not to be counted. 
(3) If the time limit set by section 11(3) would (if not extended by this
subsection) expire during the pe riod beginning with Day A and
ending one month after Day B, the time limit expires instead at theend of that period.
(4) The power conferred on the employ ment tribunal by subsection (4)
of section 11 to extend the time limit set by subsec tion (3) of that
section is exercisable in relation to that time limit as extended by this
section.”
39 In section 24 (enforcement of right unde r section 23), in su bsection (2)(a), for
“sections 48(2) to (4)” substi tute “sections 48(2) to (4A)”.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 2 — Extension of limitation periods to allow for conciliation104
Employment Relations Act 1999 (c. 26)
40 In section 11 of the Employment Relations Act 1999 (complaint to
employment tribunal), afte r subsection (2) insert—
“(2A) Section 207A(3) (extension because of mediation in certain European
cross-border disputes) and section 20 7B (extension of time limits to
facilitate conciliation before in stitution of proceedings) of the
Employment Rights Act 1996 apply for the purposes of subsection(2)(a).
(2B) Subsections (2) and (2A) are to be treated as provisions of the
Employment Rights Act 1996 for the purposes of sections 207A and207B of that Act.”
Pensions Act 2008 (c. 30)
41 In section 56 of the Pensions Act 2008 (enforcement of right under section
55), in subsection (2), fo r “sections 48(2) to (4)” su bstitute “sections 48(2) to
(4A)”.
Equality Act 2010 (c. 15)
42 The Equality Act 2010 is amended as follows.
43 In section 123 (time limits: proceedings under section 120), in subsection (1),
for “section 140A” substitute “sections 140A and 140B”. 
44 In section 129 (time limits: proceedings under section 127)— 
(a) in subsection (3), for “section 140A” substitute “sections 140A and
140B”;
(b) in subsection (4), after “the peri od mentioned in the second column”
insert “, subject to section 140B”.
45 After section 140A (extension of time limits because of mediation in certain
cross-border disputes) insert—
“140B Extension of time limits to fac ilitate conciliation before institution of 
proceedings
(1) This section applies where a time limit is set by section 123(1)(a) or
129(3) or (4).
But it does not apply to a dispute that is (or so much of a dispute as
is) a relevant dispute for th e purposes of section 140A.
(2) In this section—
(a) Day A is the day on which the complainant or applicant
concerned complies with the re quirement in subsection (1) of
section 18A of the Employment Tribunals Act 1996(requirement to contact ACAS before institutingproceedings) in relation to the matter in respect of which the
proceedings are brought, and
(b) Day B is the day on which the complainant or applicant
concerned receives or, if earlie r, is treated as receiving (by
virtue of regulations made un der subsection (11) of that
section) the certificate issued under subsection (4) of thatsection.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 2 — Extension of limitation periods to allow for conciliation105
(3) In working out when the time limit  set by section 123(1)(a) or 129(3)
or (4) expires the period beginn ing with the day after Day A and
ending with Day B is not to be counted. 
(4) If the time limit set by section 123( 1)(a) or 129(3) or (4) would (if not
extended by this subs ection) expire during the period beginning
with Day A and ending one month af ter Day B, the time limit expires
instead at the end of that period.
(5) The power conferred on the em ployment tribunal by subsection
(1)(b) of section 123 to extend the time limit set by subsection (1)(a)
of that section is exercisable in rela tion to that time limit as extended
by this section.”
SCHEDULE 3 Section 16(2)
FINANCIAL  PENALTIES : MINOR  AND  CONSEQUENTIAL  AMENDMENTS
Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)
1 In section 138 of the Trade Union and Labour Relations (Consolidation) Act
1992 (refusal of service of employment  agency on grounds related to union
membership), after subsection (2) insert—
“(2A) Section 12A of the Employment Tribunals Act 1996 (financial
penalties) applies in relation to a complaint under th is section as it
applies in relation to a claim involving an employer and a worker(reading references to an employer  as references to the employment
agency and references to a worker as references to the complainant).”
Employment Tribunals Act 1996 (c. 17)
2 The Employment Tribunals Act 1996 is amended as follows.
3 Before section 13 insert—
“Costs etc, interest and enforcement”.
4 (1) In section 41 (orders, regulations and rules), in subsection (2) (orders etc
subject to affirmative resolution pr ocedure), after “4(4) or (6D)” insert
“, 12A(12)”.
(2) If this paragraph comes into force be fore section 11, sub-paragraph (1) has
effect as if “4(4)” were su bstituted for “4(4) or (6D)”.
Employment Rights Act 1996 (c. 18)
5 In section 201 of the Employment Rights Act 1996 (power to extend
employment legislation to offshore employment), after subsection (3)insert—
“(3A) Where an Order in Council under this section confers jurisdiction on
an employment tribunal, the jurisdiction conferred includes powerto make an order under section 12A of the Employment Tribunals
Act 1996 (financial penalties), and that section applies accordingly.”Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 3 — Financial penalties: minor and consequential amendments106
Agency Workers Regulations 2010 (S.I. 2010/93)
6 In regulation 18 of the Agency Workers Regulations 2010 (complaints to
employment tribunals etc), after paragraph (14) insert—
“(14A) In relation to an infringement or breach for which a tribunal orders a
respondent to pay compensation  under paragraph (8)(b), the
tribunal may order the respondent  also to pay a penalty under
section 12A of the Employment Tribunals Act 1996 only if thetribunal decides not to  exercise the power un der paragraph (14) to
make an additional award of compensation against the respondent.”
SCHEDULE 4
Section 25(4)
THE COMPETITION  AND  MARKETS  AUTHORITY
PART 1
GENERAL
Membership
1 (1) The CMA is to consist of—
(a) a person appointed by the Secretary of State to chair the CMA and
the CMA Board (the “chair”), and
(b) other persons appointed by the Secretary of State to membership
of—
(i) the CMA Board (see Part 2);
(ii) the CMA panel (see Part 3);
(iii) both the CMA Board and the CMA panel.
(2) The Secretary of State must consult the chair before making an appointment
under sub-paragraph (1)(b).
(3) At least five of the members appoin ted under sub-paragraph (1)(b) must be
appointed to membership of the CMA Board.
(4) At least one of the members appoin ted under sub-paragraph (1)(b) must be
appointed to membership of the CMA Board and to membership of theCMA panel.
(5) Of the persons appointed to membership of the CMA Board under sub-
paragraph (1)(b), no more than half may be members of staff of the CMA.
(6) In this Schedule, references to members of the CMA are to persons
appointed under sub-paragraph (1).
(7) A person holding office as a member of the Competition Appeal Tribunal is
ineligible for appointmen t under this paragraph.
Terms and conditions
2 (1) The members of the CMA are to hold and vacate office in accordance with
the terms and conditions of their appointments.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 4 — The Competit ion and Markets Authority
Part 1 — General107
(2) Those terms and conditions are to be  determined by the Secretary of State.
Term of appointment
3 (1) Appointment to membership of th e CMA Board under paragraph 1(1)(b) is
to be for a term of not more than five years.
(2) Appointment to membership of the CMA panel under paragraph 1(1)(b) is
to be for a term of not more than eight years.
(3) Appointment as the chair is to be for a term of not more than five years.
Re-appointment
4 (1) A person who has been appointed to membership of the CMA panel may be
re-appointed to membership of th e CMA panel only for the purpose of
continuing to act as a member of a group constituted under paragraph 36before the expiry of his or her term of office.
(2) Subject to sub-paragraph (1), a person’s previous appointment under
paragraph 1 does not affect eligibilit y for a subsequent appointment under
that paragraph.
Remuneration etc of members
5 (1) The CMA must pay to its members such remuneration, allowances and
expenses as the Secretar y of State may determine.
(2) The CMA must pay or make provis ion for the payment of such pension,
allowances or gratuities as the Secr etary of State may determine to or in
respect of a current or former member.
(3) If a person ceases to hold an office to which he or she has been appointed
under paragraph 1, and the Secretary of State decides that there are special
circumstances which mean that the person should be compensated, theCMA must pay compensation to the pers on of such amount  as the Secretary
of State may determine.
Resignation
6 (1) The chair may at any time resign from membership of the CMA by giving
written notice to this effect to the Secretary of State.
(2) A person who is a member of eith er the CMA Board or the CMA panel (but
not of both) may at any time resign from membership of the CMA by givingwritten notice to this effect to the Secretary of State.
(3) A person who is a member of both  the CMA Board and the CMA panel may
at any time, by giving written notice to this effect to the Secretary of State—
(a) resign from membership of eith er the CMA Board or the CMA panel,
or 
(b) resign from membership of the CMA.
Termination of membership
7 The Secretary of State may at any time remove a person from office as a
member of the CMA on any of the following grounds—Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 4 — The Competit ion and Markets Authority
Part 1 — General108
(a) incapacity;
(b) misbehaviour;
(c) failure to carry out his or her duties.
Status
8 The CMA is to perf orm its functions on behalf of the Crown.
Chief executive and other staff
9 (1) The CMA is to have a chief executive appointed by the Secretary of State (the
“chief executive”).
(2) The chief executive may also be a member of the CMA, but must not be—
(a) the chair, or
(b) a member of the CMA panel.
(3) Before appointing the chief executive, the Secretary of State must consult the
chair.
(4) The appointment—
(a) is to be for a term of not more than five years;
(b) subject to that, is to be on such  terms and conditions as the Secretary
of State considers fit.
(5) The chief executive holds that office  as a member of the staff of the CMA.
(6) A previous appointment as chief executive does not affect a person’s
eligibility for re-appointment.
10 (1) The CMA may appoint other members of staff.
(2) A person appointed as a member of the CMA’s staff under sub-paragraph
(1) may also be a member of the CMA, but must not be—
(a) the chair, or
(b) a member of the CMA panel.
(3) The following are to be determined by the CMA with th e approval of the
Minister for the Civil Service—
(a) the number of members of sta ff appointed under sub-paragraph (1);
(b) their conditions of service.
11 A person holding office as a member of the Competition Appeal Tribunal is
ineligible for appointment under paragraph 9 or 10.
Annual plan
12 (1) The CMA must prepare an annu al plan for each financial year.
(2) The plan must—
(a) set out the CMA’s main objectiv es for the year and indicate the
relative priorities of ea ch of those objectives;
(b) provide a summary of the prop osed allocation of the CMA’s
financial resources to the activities to be carried on in connectionwith those objectives.
(3) The CMA must arrange for the plan to be laid before Parliament.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 4 — The Competit ion and Markets Authority
Part 1 — General109
(4) The CMA must publish the plan, in whatever way it considers appropriate,
before the start of the financial year in question.
13 (1) Before finalising an annual plan, the CMA must draw up proposals for it.
(2) The CMA must arrange for the proposals to be laid before Parliament.
(3) The CMA must—
(a) publish the proposals in whatever way it considers appropriate, and
(b) make arrangements to consul t with the public about them.
(4) Arrangements made under sub-paragraph (3)(b) may provide for
consultation with the public to be  effected in whatever way the CMA
considers appropriate.
Performance report
14 (1) As soon as practicable after the en d of each financial year, the CMA must
prepare and send to the Secretary of St ate an annual report on its activities
and performance during the year.
(2) The report must include—
(a) a survey of developments, during the year, in matters relating to the
CMA’s functions;
(b) an assessment of the extent to which the CMA’s objectives for the
year, as set out in the plan published under paragraph 12, have beenmet;
(c) a summary of the significant decisions, investigations or other
activities made or carried ou t by the CMA during the year;
(d) a summary of the allocation of the CMA’s financial resources to its
various activities during the year;
(e) an assessment of the CMA’s performance and practices, during the
year, in relation to it s enforcement functions.
(3)  The CMA must—
(a) arrange for the report to be laid before Parliament;
(b) publish the report in whatever  way it considers appropriate.
15 The CMA may—
(a) prepare other reports about matter s relating to any of its functions;
(b) publish a report prepar ed under this paragraph.
Concurrency report
16 (1) As soon as practicable after the en d of each financial year, the CMA must
prepare a report containing an as sessment of how the concurrency
arrangements have operated during the year.
(2) The concurrency arrangements are the arrangements for co-operation
between the CMA and the sectoral regula tors in respect of functions which
are exercisable concurrently by the CM A and one or more of the regulators
under Part 1 of the Competition Act 1998 (the “1998 Act”) and Part 4 of theEnterprise Act 2002 (the “2002 Act”).
(3) The report must, in partic ular, include information about—Enterprise and Regulatory Reform Act 2013 (c. 24)
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(a) the exercise during the year by  the CMA of its functions under Part
1 of the 1998 Act or Part 4 of the 2002 Act in cases in which thefunctions are or were exercisable concurrently by one or moresectoral regulators,
(b) the exercise during the year by ea ch sectoral regulator of its functions
under Part 1 of the 1998 Act or Part 4 of the 2002 Act, and
(c) any decision made duri ng the year by a sectoral regulator, in respect
of a case in relation to which the regulator considers that its functions
under Part 1 of the 1998 Act were  exercisable, that it was more
appropriate for it to proceed by ex ercising functions other than those
it has under that Part of that Act.
(4) The CMA is not required to includ e information in a report under this
paragraph if it considers that doing so would, or would be likely to,
prejudice the exercise of any of th e functions of the CMA or a sectoral
regulator.
(5) In preparing a report under this paragraph, the CMA must consult each
sectoral regulator.
(6) The CMA must publish a report prepared under this paragraph in whatever
way it considers appropriate.
(7) Each of the following is a sectoral regulator—
(a) the Office of Communications;
(b) the Gas and Electric ity Markets Authority;
(c) the Water Services Regulation Authority;
(d) the Office of Rail Regulation;
(e) the Northern Ireland Autho rity for Utility Regulation;
(f) the Civil Aviation Authority;
(g) Monitor.
Documents
17 (1) The application of the CMA’s seal must be authenticated by the signature
of—
(a) a person who is a member of the CMA Board, or
(b) a person authorised (generally or specifically) for that purpose by the
CMA.
(2) A document purporting to be duly executed under the CMA’s seal or signed
on its behalf—
(a) is to be received in evidence;
( b ) i s  t o  b e  t a k e n  t o  b e  d u l y  s i g n e d  o r  s e a l e d  u n l e s s  t h e  c o n t r a r y  i s
shown.
(3) But this paragraph does not apply in relation to a document which is, or is
to be, signed in accordance with the law of Scotland.
Membership of committees and sub-committees
18 (1) The members of a committee or sub-committee of the CMA may include
persons who are not members of the CMA.Enterprise and Regulatory Reform Act 2013 (c. 24)
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(2) A sub-committee may include persons who are not members of the
committee that established it.
Additional powers
19 The CMA may—
(a) if so requested by the Secretary of State, represent the government of
the United Kingdom in matters relating to international relations in
any field connected to its functions, and
(b) promote good practice outside the United Kingdom in the carrying
on of activities which may affect the economic interests of consumers
in the United Kingdom.
20 (1) The CMA may do anything that is calc ulated to facilitate, or is conducive or
incidental to, the performance of its functions.
(2) The power in sub-paragraph (1) is subject to any restrictions imposed by or
under any enactment.
Public records
21 In Schedule 1 to the Public Records Act 1958 (definition of public records),
in Part 2 of the Table at the end of paragraph 3, at the appropriate placeinsert—
“Competition and Markets Authority.”
Parliamentary Commissioner
22 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc
subject to investigation) at the appropriate place insert—
“Competition and Markets Authority.”
Disqualification
23 In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975
(bodies of which all members are disq ualified) at the appropriate place
insert—
“The Competition and Markets Authority.”
24 In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification
Act 1975 (bodies of which all members are disqualified), at the appropriateplace insert—
“The Competition and Markets Authority.”
Freedom of information
25 In Part 1 of Schedule 1 to the Freedo m of Information Act 2000 (definition of
public authority: general)—
(a) in paragraph 1 after “other than” insert “—
(a) the Competition and Markets Authority,
(b)  ”;
(b) after paragraph 1 insert—
“1ZA The Competition and Markets Authority, in respect of
information held otherwis e than as a tribunal.”Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 4 — The Competit ion and Markets Authority
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Equality
26 In Part 1 of Schedule 19 to the Equali ty Act 2010 (public authorities: general),
under the heading “ Industry, business, finance etc ” at the appropriate place
insert—
“The Competition and Markets Authority.”
PART 2
THE CMA B OARD
Membership
27 The CMA Board is to consist of—
(a) the chair;
(b) the members appointed under pa ragraph 1(1)(b) to membership of
the CMA Board.
Functions
28 Except where otherwise provided by or under any enactment, the functions
of the CMA are exercisable by the CMA Board on behalf of the CMA.
Delegation
29 (1) Anything that the CMA Board is re quired or permitted to do (including
conferring authorisation under this sub-paragraph) may be done by—
(a) a member of the CMA Board, or a member of staff of the CMA, who
has been authorised for that purpose by the CMA Board, whethergenerally or specifically;
(b) a committee or sub-committee of the CMA Board that has been so
authorised.
(2) Sub-paragraph (1) does not appl y to the functions of deciding— 
(a) whether the duty to publish a market study notice under section
130A of the Enterprise Act 2002 applies;
(b) whether to propose to make, or to make, a reference under section
131 of that Act;
(c) for the purposes of the requirem ent imposed by section 131A(2)(b) of
that Act, whether the CMA is prop osing to make a decision as to
whether to make a reference under section 131 of that Act in a waythat is likely to have a substant ial impact on the interests of any
person;
(d) whether section 140A of that Ac t applies in respect of a particular
case;
(e) whether to accept an undertaking under section 154 of that Act, or to
vary or supersede or release an  undertaking unde r that section;
(f) for the purposes of the requirement imposed by section 169(2) of that
Act, whether the CMA is proposing to make a decision to make a
reference under section 131 of that Act in a way that is likely to have
a substantial impact on th e interests of any person.Enterprise and Regulatory Reform Act 2013 (c. 24)
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(3) Sub-paragraph (1)(b) does not appl y to a committee or sub-committee
whose members include any person who is not a member of the CMA or of
its staff.
30 Paragraph 29(1) is subject to provision in rules made under section 51 of the
Competition Act 1998, by virtue of paragraph 1A of Schedule 9 to that Act,in respect of the exercise of a function  of the CMA under Part 1 of that Act.
Proceedings
31 (1) The CMA Board may regu late its own proceedings.
(2) The CMA Board must consult the Secretary of State before making or
revising rules and procedures, under sub-paragraph (1), for dealing with—
(a) conflicts of interest, or
(b) quorum.
Validity
32 The validity of anything done by  the CMA Board is not affected by—
(a) a vacancy;
(b) a defective appointment.
Reference of matter to the chair
33 (1) This paragraph applies where the CMA Board is to consider whether a
matter should be referred to the chai r for the constitution of a group under
this Schedule.
(2) Before the CMA Board considers whether to refer the matter to the chair, the
chair must determine whet her a person who is a member of the CMA Board
might reasonably be expected to be  a member of a group constituted in
connection with the matter.
(3) If the chair determines that a pers on who is a member of the CMA Board
might reasonably be expected to be a member of such a group, that personis not to participate in the CMA Board’s consideration of whether to refer thematter to the chair.
P
ART 3
THE CMA PANEL
The CMA panel
34 The CMA panel is a panel of persons available for selection as members of a
group constituted in accordance with this Part of this Schedule.
Membership of CMA panel
35 (1) The CMA panel is to consist of—
(a) at least one person (a “newspaper  panel member”) appointed to the
CMA panel under paragraph 1(1 )(b) for the purp ose of being
available for selection as a member of a group constituted to carryout functions on behalf of the CMA with respect to a newspapermerger reference (a “newspaper merger reference group”);Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 4 — The Competit ion and Markets Authority
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(b) at least three persons (“specia list communications panel members”)
appointed to the CMA panel un der paragraph 1(1)(b) for the
purpose of being avai lable for selection as members of a group
constituted to carry out functions on  behalf of the CMA with respect
to a specialist communications reference (a “specialistcommunications reference group”);
(c) at least six persons (“specialist utility panel members”) appointed to
the CMA panel under paragraph 1( 1)(b) for the purpose of being
available for selection as members of  a group constituted to carry out
specialist utility functions on beha lf of the CMA (a “specialist utility
group”);
(d) at least one person (a “reporting  panel member”) appointed to the
CMA panel under paragraph 1(1 )(b) for the purp ose of being
available for selection as a member of any group constituted to carryout functions on behalf of the CMA;
(e) any persons who are appointed to the CMA panel under paragraph
1(1)(b) for the purpose of being av ailable for selection as members of
a group constituted to carry out func tions with respect to a reference
under article 15 of the Electricity (Northern Ir eland) Order 1992 (SI
1992/231 (NI 1)).
(2) A person who is appointed to th e CMA panel as a member of a kind
mentioned in one of paragraphs (a) to  (e) of sub-paragraph (1) may also be
appointed as a member of one or more of the other kinds mentioned in thoseparagraphs.
(3) For the purposes of this paragraph and paragraph 38—
a “newspaper merger reference” is—
(a) a reference under section 45 of the Enterprise Act 2002 that
specifies a newspaper public in terest consideration (within
the meaning of paragraph 20A of Schedule 8 to that Act);
(b) a reference under section 62 of that Act that specifies a
consideration specified in section 58(2A) or (2B) of that Act;
a “specialist communications referenc e” is a reference under section 193
of the Communications Act 2003;
“specialist utility functions” are functions with respect to—
(a) an appeal under section 23B, or a reference under section 41E,
of the Gas Act 1986;
(b) an appeal under section 11C, or a reference under section
56C, of the Electricity Act 1989;
(c) a reference under section 12, 14 or 17K of the Water Industry
Act 1991;
(d) the giving of a direction or the making of modifications under
section 16A or 17P of that Act;
(e) an appeal under section 173 of the Energy Act 2004;
(f) a reference under article 3 of the Water Services etc (Scotland)
Act 2005 (Consequential Pr ovisions and Modifications)
Order 2005 (SI 2005/3172);
(g) the giving of a direction or the making of modifications under
article 9 of that Order.Enterprise and Regulatory Reform Act 2013 (c. 24)
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Constitution of CMA groups
36 Where the chair is, by or under any enactment, required to constitute a
group under this Schedule (a “CMA group”), the chair must constitute the
group in accordance with th is Part of this Schedule. 
Membership of CMA groups
37 (1) The members of a CMA group ar e to be selected by the chair.
(2) In selecting the members of a CMA group, the chair must comply with any
requirements imposed by or under any enactment.
(3) Subject to that, paragraph 38 has e ffect for the purposes of the membership
of a CMA group. 
38 (1) Each CMA group is to consist of at least three members of the CMA panel.
(2) Subject to sub-paragraphs (3) to (6),  those members are to be such persons as
the chair may select.
(3) In the case of a newspaper merger reference group—
(a) the group must include at le ast one newspape r panel member;
(b) the members of the group (if any) who are not newspaper panel
members must be reporting panel members.
(4) In the case of a specialist communic ations reference group, the group must
include at least one, but not more  than three, of the specialist
communications panel members.
(5) In the case of a specialist utility grou p, the group must include at least one
of the specialist utility panel members.
(6) A newspaper panel member is not to be selected as a member of a CMA
group that is not a newspaper merger reference group.
(7) The chair may at any time appoint a reporting panel member to be an
additional member of a CMA group.
(8) The chair must appoint one of the members of a CMA group to chair the
group (the “group chair”).
39 The validity of anything done by a CMA group is not affected by—
(a) a vacancy;
(b) a defective appointment.
Termination of person’s membership of a CMA group
40 A member of the CMA panel may at any time resign from a CMA group by
giving written notice to this effect to the chair.
41 (1) Sub-paragraph (2) applies if the chair considers that—
(a) a member of a CMA group will be unable, for a substantial period, to
perform his or her duties as  a member of the group, or
(b) because of a particular interest of a member of a CMA group, it is
inappropriate for him or her to remain a member of the group.Enterprise and Regulatory Reform Act 2013 (c. 24)
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(2) The chair may remove the person in  question from membership of the
group.
42 A person ceases to be a member of a CMA group on ceasing to be a member
of the CMA panel.
Replacement of a member of a CMA group
43 (1) Sub-paragraph (2) applies if a person ceases to be a member of a CMA
group, whether by being removed under paragraph 41, or otherwise.
(2) The chair may select a replacement member of the group from the CMA
panel.
Continuity on removal or replacement
44 (1) A person’s ceasing to be a member of a CMA group, whether by being
removed under paragraph 41, or otherwise, does not prevent—
(a) the group from continuing with anything begun before the person
ceased to be a member of it;
(b) any decision made or direction given by the person while a member
of the group from having effect af ter he or she has ceased to be a
member of the group.
(2) Sub-paragraph (1)—
(a) applies whether or not a replacement member of the group is
selected under paragraph 43;
(b) does not affect any requirem ents imposed by or under any
enactment with respec t to the constitution of a CMA group.
Attendance of other members
45 (1) At the invitation of the group chai r of a CMA group, any reporting panel
member who is not a member of the group may attend its meetings orotherwise take part in its proceedings.
(2) But a person attending in respon se to such an invitation may not—
(a) vote in any proceedings of the group, or
(b) have a statement of his or her diss ent from a conclusi on of the group
included in a report  made by the group.
(3) Nothing in sub-paragrap h (1) is to be taken to prevent a CMA group from
consulting any member of the CMA panel with respect to any matter or
question with which the group is concerned.
Powers of chair pending group’s constitution and first meeting
46 (1) While a CMA group is being constitute d, the chair may take such steps as he
or she considers appropriate to facilitat e the work of the group once it has
been constituted.
(2) The steps taken must be steps that it would be within the power of the group
to take, had it already been constituted.Enterprise and Regulatory Reform Act 2013 (c. 24)
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47 (1) The chair may, on behalf of the CMA, exercise the power conferred by
section 37(1), 48(1) or 64(1) of the Enterprise Act 2002 in respect of thereference of a matter—
(a) while a CMA group is being cons tituted in connection with the
reference;
(b) after a CMA group has been so cons tituted, but before it has held its
first meeting.
(2) Sections 34C, 46D and 62A of the Enterprise Act 2002 have effect subject to
sub-paragraph (1).
Performance of functions of chair with respect to cons titution etc of CMA group
48 (1) A function of the chair that is spec ified in sub-paragraph (4) may, with the
consent of the CMA Board, be exer cised on behalf of the chair by—
(a) a person who is a member of both the CMA panel and the CMA
Board, or
(b) a member of the CMA panel designated by the Secretary of State
(whether generally or specific ally) for the purposes of this
paragraph.
(2) The consent referred to in  sub-paragraph (1) must specify the identity of the
person by whom a function of the chair is to be exercised.
(3) It may be given—
(a) by reference generally to functi ons specified in sub-paragraph (4);
(b) by reference to specific functi ons, or functions of a particular
description;
(c) by reference generally to CMA groups;
(d) by reference to specific matters or specific CMA groups, or by
reference to matters or CMA grou ps of a particular description.
(4) The functions are—
(a) the chair’s functions under paragraph 33 and under this Part of this
Schedule;
(b) the chair’s func tions by or under any other enactment in respect of
the constitution of a CMA group;
(c) the chair’s functions under—
(i) Schedule 4A to the Gas Act 1986;
(ii) Schedule 5A to th e Electricity Act 1989;
(iii) Schedule 22 to the Energy Act 2004;
(iv) Schedule 2 to the Civil Aviation Act 2012.
Independence of groups
49 (1) In making decisions that they are requ ired or permitted to make by virtue of
any enactment, CMA groups must ac t independently of the CMA Board.
(2) Nothing in sub-paragraph (1) prevents—
(a) the CMA Board from giving info rmation in its possession to a CMA
group, or
(b) a CMA group giving information in its possession to the CMA
Board.Enterprise and Regulatory Reform Act 2013 (c. 24)
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Casting votes
50 If a CMA group’s vote on any decision is tied, the group chair is to have a
casting vote.
Requirement to make rules of procedure for certain groups 
51 (1) The CMA Board must make rules of procedure for merger reference groups,
market reference groups, an d special reference groups.
(2) Those rules are subject to any provision made by or under any enactment in
respect of the procedure of a CMA group.
(3) Before making rules under this pa ragraph, the CMA Board must consult
such persons as it considers appropriate.
(4) The CMA Board must publish rules ma de under this paragraph in whatever
manner it considers appropriate for bringing them to the attention of thoselikely to be affected by them.
(5) Subject to rules made under this paragraph, and to any provision made by
or under any enactment, a CMA grou p of a type referred to in sub-
paragraph (1) may determine its own procedure.
(6) In this paragraph and paragraph 53—
(a) “market reference group” me ans a CMA group constituted in
connection with a reference under section 131, 132 or 140A of theEnterprise Act 2002;
(b) “merger reference group” means a CMA group constituted in
connection with a reference under section 32 of the Water IndustryAct 1991 or section 22, 33, 45, or 62 of the Enterprise Act 2002;
(c) “special reference group” me ans a CMA group constituted in
connection with a reference under—
(i) section 11 of the Competition Act 1980;
(ii) section 41E of the Gas Act 1986;
(iii) section 56C of the Electricity Act 1989;
(iv) section 12, 14 or 17K of the Water Industry Act 1991;
(v) article 15 of the Electricity (Northern Ireland) Order 1992 (SI
1992/231 (NI 1));
(vi) section 13 of, or Schedule 4A to, the Railways Act 1993;
(vii) article 15 of the Gas (North ern Ireland) Order 1996 (SI 1996/
275 (NI 2));
(viii) section 12 of the Transport Act 2000;
(ix) section 193 of the Communications Act 2003;
(x) article 3 of the Water Serv ices etc (Scotland) Act 2005
(Consequential Provisions and Modifications) Order 2005 (SI2005/3172).
52 (1) In determining how to proceed in a ccordance with rules made for it by the
CMA Board under paragraph 51(1), and in determining its own procedure
under paragraph 51(5), a group must have regard to any guidance issued bythe CMA Board.Enterprise and Regulatory Reform Act 2013 (c. 24)
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(2) Before issuing guidance for the purpos es of this paragraph, or amending or
revoking it, the CMA Board must cons ult such persons as it considers
appropriate.
53 (1) Rules made under paragraph 51 may—
(a) make different provision for diffe rent cases or different purposes;
(b) be varied or revoked by rules subsequently made under that
paragraph.
(2) They may in partic ular make provision—
(a) for particular stages of a merger  investigation, ma rket investigation,
or special investigation to be dealt with in accordance with atimetable and for revisi on of that timetable;
(b) as to the documents and information that must be given to a relevant
group in connection with a merger investigation, market
investigation or special investigation;
(c) as to the documents and information that a relevant group must give
to other persons in connection with such an investigation.
(3) Rules making provision as describe d in sub-paragraph (2)(a) or (2)(b) may,
in particular, permit or require a re levant group to disregard documents or
information given after a particular date.
(4) Rules making provision as desc ribed in sub-paragraph (2)(c) may in
particular make provisio n for the notification or publication of, and for
consultation about, provisional findings of a relevant group.
(5) Rules made under paragraph 51 may make provision as to the quorum of
relevant groups.
(6) They may make provision—
(a) as to the extent (if any) to which persons interested or claiming to be
interested in a matter under cons ideration that is specified or
described in the rules are allowed—
(i) to be present before or heard by a relevant group, either by
themselves or by their representatives;
(ii) to cross-examine witnesses;
(iii) otherwise to take part;
(b) as to the extent (if any) to which sittings of a relevant group are to be
held in public;
(c) generally in connection with an y matters permitted by rules making
provision as described in para graph (a) or (b) (including, in
particular, provision for a record of any hearings).
(7) Rules made under paragrap h 51 may make provision for—
(a) the notification or publication of information relating to merger
investigations, market investigat ions or special investigations;
(b) consultation about such investigations.
(8) Rules made under paragraph 51 fo r market reference groups may make
provision as to the involvement of any public interest expert in the market
investigation in co nnection with the reference under section 140A of the
Enterprise Act 2002 in relation to which the expe rt was appointed.
(9) For the purposes of this paragraph—Enterprise and Regulatory Reform Act 2013 (c. 24)
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“market investigation” means an in vestigation carried out by a market
reference group in connection with a reference under section 131, 132or 140A of the Enterprise Act 2002;
“merger investigation” means an in vestigation carried out by a merger
reference group in connection with  a reference under section 32 of
the Water Industry Act 1991 or section 22, 33, 45, or 62 of theEnterprise Act 2002;
“public interest expert” means a pe rson appointed under section 141B
of the Enterprise Act 2002 in relation to a reference under section140A(6) of that Act;
“relevant group” means a market re ference group, a merger reference
group, or a special reference group;
“special investigation” means an inve stigation carried out by a special
reference group in connection with  a provision listed in paragraph
51(6)(c).
Procedure of other CMA groups
54 (1) Subject to any special or general di rections given by the Secretary of State,
and to any provision made by or unde r any enactment, a CMA group that is
not a group of a type referred to in paragraph 51(1) may determine its own
procedure.
(2) It may, in particular, dete rmine its quorum, and determine—
( a ) t h e  e x t e n t  ( i f  a n y )  t o  w h i c h  p e r s o n s  i n t e r e s t e d  o r  c l a i m i n g  t o  b e
interested in a matter under consideration are allowed—
(i) to be present before or heard by  it, either by themselves or by
their representatives;
(ii) to cross-examine witnesses;
(iii) otherwise to take part;
(b) the extent (if any) to which its sittings are to be held in public.
(3) In determining its proc edure under sub-paragraph (1), a CMA group must
have regard to any guidance  issued by the CMA Board.
CMA group decision: requirement for two thirds majority
55 For the purposes of para graphs 56 to 58, a “qualifying majority decision” is
a decision made by a CMA group which is that of at least two-thirds of themembers of the group.
56 (1) This paragraph applies for the purposes of Part 3 of the Enterprise Act 2002.
(2) Where a decision of a CMA group unde r section 35(1) or 36(1) of that Act
that there is an anti-competitive outcome is not a qualifying majority
decision, it is to be treated as a decision under that section that there is notan anti-competitive outcome.
(3) Where a decision of a CMA group under section 47 of that Act is not a
qualifying majority decision—
(a) in the case of a decision that a relevant merger situation has been
created, it is to be treated as a de cision under section 47 that no such
situation has been created;
(b) in the case of a decision that the creation of a relevant merger
situation has resulted, or may be expected to result, in a substantialEnterprise and Regulatory Reform Act 2013 (c. 24)
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lessening of competition within an y market or markets in the United
Kingdom for goods and services, it is to be treated as a decisionunder section 47 that the creation of that situation has not resulted,
or may be expected not to result, in such a substantial lessening ofcompetition;
(c) in the case of a decision that arrangements are in progress or in
contemplation which, if carried into effect, will  result in the creation
of a relevant merger situation, it is to be treated as a decision under
section 47 that no such arrangements are in progress or in
contemplation;
(d) in the case of a decision that th e creation of such  a situation as is
mentioned in paragraph (c) may be expected to result in a substantiallessening of competition within an y market or markets in the United
Kingdom for goods and services, it is to be treated as a decisionunder section 47 that the creation of that situation may be expectednot to result in such a substantial lessening of competition.
(4) Where a decision of a CMA group under section 63 of that Act is not a
qualifying majority decision—
(a) in the case of a decision that a special merger situation has been
created, it is to be treated as a de cision under section 63 that no such
situation has been created;
(b) in the case of a decision that arrangements are in progress or in
contemplation which, if carried into effect, will  result in the creation
of a special merger situation, it is  to be treated as a decision under
section 63 that no such arrangements are in progress or incontemplation.
(5) Expressions used in this paragraph are to be construed in accordance with
Part 3 of the Enterprise Act 2002.
57 (1) This paragraph applies for the purposes of Part 4 of the Enterprise Act 2002.
(2) Where a decision under section 134, 141 or 141A of that Act is not a
qualifying majority decision—
(a) in the case of a decision on an ordinary reference that a feature or
combination of features of a relevant market prevents, restricts ordistorts competition in connection with the supply or acquisition ofany goods or services in the United  Kingdom or a part of the United
Kingdom, it is to be treated as a decision that the feature or (as thecase may be) combination of features of that relevant market doesnot prevent, restrict or distort such competition;
(b) in the case of a decision on a cr oss-market reference that a feature or
a combination of the features specified in the reference, as thatfeature or combination of features re lates to goods or services of one
or more than one of the descriptions so specified, prevents, restricts
or distorts competition in connection with the supply or acquisitionof any goods or services in the United Kingdom or a part of the
United Kingdom, it is to be treate d as a decision that that feature or
(as the case may be) combination of features as it relates to goods orservices of those descriptions does  not prevent, restrict or distort
such competition.
(3) Accordingly, a CMA group is to be tr eated as having decided under section
134, 141 or 141A that there is no adve rse effect on competition in relation to
an ordinary reference or a cross-market reference if— Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 4 — The Competit ion and Markets Authority
Part 3 — The CMA panel122
( a ) o n e  o r  m o r e  t h a n  o n e  d e c i s i o n  o f  t h e  g r o u p ,  i n  r e l a t i o n  t o  t h e
reference, is to be treated as ment ioned in sub-paragraph (2)(a) or (as
the case may be) (b), and
(b) there is, in relation to the reference, no other relevant decision of the
group.
(4) “Relevant decision”, in sub-paragraph (3)(b), means—
(a) in relation to an ordinary reference, a decision that is not to be treated
as mentioned in sub-paragraph (2)(a), and which is that a feature orcombination of features of a relevant market prevents, restricts ordistorts competition in connection with the supply or acquisition ofany goods or services in the United  Kingdom or a part of the United
Kingdom;
(b) in relation to a cross-market refe rence, a decision that is not to be
treated as mentioned in sub-paragr aph (2)(b), and which is that a
feature or a combination of the features specified in the reference, asthat feature or combination of featur es relates to goods or services of
one or more than one of the desc riptions so specified, prevents,
restricts or distorts competition in connection with the supply or
acquisition of any goods or services  in the United Kingdom or a part
of the United Kingdom.
(5) Where a decision of a CMA group under section 141A of that Act is not a
qualifying majority decision, in the case of a decision under section 141A(4)that the feature or combination of feat ures in question operates or may be
expected to operate against the public inte rest, it is to be treated as a decision
under section 141A that the feature or combination of features in questiondoes not operate nor may be expected to operate against the public interest.
(6) Expressions used in this paragraph are to be construed in accordance with
Part 4 of the Enterprise Act 2002.
58 A decision made by a CMA group is also subject to any other provision
made by or under any enactment about decisions that are not qualifyingmajority decisions.
P
ART 4
INTERPRETATION  AND  TRANSITIONAL  AND  TRANSITORY  PROVISION
Interpretation
59 (1) In this Schedule, “enactment” means—
(a) an enactment contained in this or any other Act;
(b) an enactment comprised in subo rdinate legislation within the
meaning of the Interpretation Act 1978;
(c) an enactment contained in, or in an instrument made under, an Act
of the Scottish Parliament;
(d) a Measure or Act of the National Assembly for Wales;
(e) an enactment contained in, or in an instrument made under,
Northern Ireland legislation (within the meaning of theInterpretation Act 1978).
(2) Any reference in this Schedule to an enactment includes a reference to an
enactment whenever  passed or made.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 4 — The Competit ion and Markets Authority
Part 4 — Interpretation and transi tional and transi tory provision123
60 References in this Schedule to the commencement date are to the date on
which section 25(3) comes into force.
Members of the Competition Commission
61 (1) This paragraph applies—
(a) in relation to any appointments under paragraph 1(1)(b) to the CMA
panel that are made before the abolition of the Competition
Commission under section 26, to any person who is a panel member
of the Competition Commission and whose term of office as such isnot due to expire before the abolition of the CompetitionCommission under that section;
(b) in relation to any other appointment under paragraph 1(1)(b) to the
CMA panel, to a person who was a panel member of the Competition
Commission immediately prior to its abolition under section 26.
( 2 ) A  p e r s o n  t o  w h o m  t h i s  p a r a g r aph applies may be  appointed under
paragraph 1(1)(b) as a member of the CMA panel.
(3) But the terms of the person’s appointment as a member of the CMA panel
must not be such that the sum of the pe riod of his or her office as a member
of the CMA panel, and of the period of  his or her office as a panel member
of the Competition Commission (excluding any period when he or she alsoholds office as a member of the CMA panel), exceeds eight years.
(4) Paragraph 4(1) applies for the purpos es of the person’s re-appointment as a
member of the CMA panel as it does for the purposes of the re-appointmentof a CMA panel member to whom this paragraph does not apply.
(5) The power conferred by section 100 includes power to make provision for
the appointment of panel members of the Competition Commission asmembers of the CMA panel, or for th e re-appointment of  persons who are
appointed as members of the CMA panel by virtue of sub-paragraph (2), forthe purpose of enabling anything in the process of being done by or on
behalf of the Competition Commission immediately prior to its abolition to
be completed by or on behalf of the CMA; and nothing in sub-paragraphs (1)
to (4) restricts the provision that  may be made for that purpose.
62 Except as provided for by paragraph 61, a person who holds or has held
office as a panel member of the Comp etition Commission at any time prior
to its abolition may not be appointed under paragraph 1(1)(b) as a memberof the CMA panel.
63 References in paragraphs 61 and 62 to a panel member of the Competition
Commission are to a person appointed as a member of the CompetitionCommission of a kind mentioned in paragraph 2(3) of Schedule 7 to theCompetition Act 1998.
Financial years of the CMA
64 (1) If the duration of the period begi nning with the commencement date and
ending with the next 31 March is six months or more, the first financial year
of the CMA is that period.
(2) But if the duration of that period is  less than six months, the first financial
year of the CMA is the period beginn ing with the commencement date, andEnterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 4 — The Competit ion and Markets Authority
Part 4 — Interpretation and transi tional and transi tory provision124
ending with the 31 March in the year following the next 31 March after the
commencement date.
(3) The subsequent financial years of th e CMA are each succes sive period of 12
months.
First annual plan of the CMA
65 (1) The CMA is to publish its first annual  plan within the period of three months
beginning with the commencement date.
(2) The first annual plan is to relate to the period beginning with the date of
publication of the plan, and ending wi th the date on which the CMA’s first
financial year ends.
SCHEDULE 5 Section 26(3)
AMENDMENTS  RELATED  TO PART 3
PART 1
TRANSFER  OF FUNCTIONS  UNDER  THE 1998 A CT TO THE CMA
1 The Competition Act 1998 is amended as follows.
2 In section 6 (block exemptions), in su bsections (1) and (6), for “OFT” (in each
place where it occurs) substitute “CMA”.
3 In section 8 (block exemptions: procedur e), in subsections (1) to (3) and (5),
for “OFT” (in each place where it occurs) substitute “CMA”.
4 In section 10 (parallel exemptions), in subsections (5), (7) and (8), for “OFT”
(in each place where it occurs) substitute “CMA”.
5 (1) Section 25 (power to invest igate) is amended as follows. 
(2) In subsections (1) and (8) to (11), fo r “OFT” (in each place where it occurs)
substitute “CMA”.
(3) In the heading, for “OFT” substitute “CMA”.
6 In section 26 (powers when conducting investigations), in subsections (1)
and (5), for “OFT” (in each place where it occurs) substitute “CMA”.
7 In section 27 (power to enter busine ss premises without a warrant), in
subsections (1) and (3), for “OFT” (in each place where it occurs) substitute
“CMA”.
8 (1) Section 28 (power to enter business premises under a warrant) is amended
as follows.
(2) In subsection (1)(b)(i), for “OFT” substitute “CMA”.
(3) In subsection (2)—
(a) for “OFT” (in each place where it occurs) substitute “CMA”, and
(b) for “OFT’s” substitute “CMA’s”.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 5 — Amendments  related to Part 3
Part 1 — Transfer of  functions under the 1998 Act to the CMA125
9 In section 28A (power to enter dome stic premises under a warrant), in
subsections (1)(b)(i) and (2), for “OFT ” (in each place where it occurs)
substitute “CMA”.
10 In section 31 (decisions  following an investigatio n), in subsections (1) and
(2), for “OFT” (in each place wh ere it occurs) substitute “CMA”.
11 In section 31A (commitments), in subs ections (1) to (4), for “OFT” (in each
place where it occurs) substitute “CMA”.
12 In section 31B (effect of commitments under section 31A), in subsections (1)
to (5), for “OFT” (in each place where it occurs) substitute “CMA”.
13 In section 31C (review of commitments),  in subsections (1) and (2), for “OFT”
(in each place where it occurs) substitute “CMA”.
14 In section 31D (guidance), in subsections (1) to (3), (5), (6) and (8), for “OFT”
(in each place where it occurs) substitute “CMA”.
15 In section 31E (enforcement of commitments), in subsection (1), for “OFT”
(in each place where it occurs) substitute “CMA”.
1 6 I n  s e c t i o n  3 2  ( d i r e c t i o n s  i n  r e l a t i o n  t o  a g r e e m e n t s ) ,  i n  s u b s e c t i o n  ( 1 ) ,  f o r
“OFT” substitute “CMA”.
17 In section 33 (directions in relation to  conduct), in subsection (1), for “OFT”
substitute “CMA”.
18 In section 34 (enforcement of direct ions), in subsection (1), for “OFT”
substitute “CMA”. 
19 In section 35 (interim measures), in subsections (1) to (4), (8) and (9), for
“OFT” (in each place where it  occurs) substitute “CMA”.
20 In section 36 (penalties), in subsection s (1) to (5), (8) and (9), for “OFT” (in
each place where it occurs) substitute “CMA”.
21 In section 37 (recovery of penalties),  in subsection (1), for “OFT” (in each
place where it occurs) substitute “CMA”.
22 In section 38 (the appropriate level of a penalty), in subsections (1) to (3), (5),
(6), (8) and (9), for “OFT” (in each pl ace where it occurs ) substitute “CMA”.
23 In section 39 (limited immunity in relation to the Chapter 1 prohibition), in
subsections (3) to (5) and (8), for “O FT” (in each place where it occurs)
substitute “CMA”.
24 In section 40 (limited immunity in relation to the Chapter 2 prohibition), in
subsections (3) to (5) and (8), for “O FT” (in each place where it occurs)
substitute “CMA”.
25 In section 44 (false or mi sleading information), in su bsections (1) and (2), for
“OFT” (in each place where it  occurs) substitute “CMA”.
26 In section 46 (appealable decisions), in  subsections (1) to (3), for “OFT” (in
each place where it occurs) substitute “CMA”.
27 In section 47 (third party appeals), in subsection (1), for “OFT” (in each place
where it occurs) substitute “CMA”.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 5 — Amendments related to Part 3
Part 1 — Transfer of function s under the 1998 Act to the CMA126
28 In section 47A (monetary claims before Tribunal), in subs ections (6) and (7),
for “OFT” (in each place where it occurs) substitute “CMA”.
29 In section 50 (vertical agreements and land agreements), in subsection (3),
for “OFT” substitute “CMA”. 
30 In the cross-heading preceding sectio n 51, for “OFT’s” su bstitute “CMA’s”.
31 (1) Section 51 (rules) is amended as follows.
(2) In subsection (1), fo r “OFT” substitute “CMA”.
(3) In subsection (2), for “OFT’s” substitute “CMA’s”.
(4) In subsections (3) and (5) to (10), fo r “OFT” (in each place where it occurs)
substitute “CMA”.
32 (1) Section 52 (advice and information) is amended as follows.
(2) In subsection (1), for the words fr om the beginning to “the Director”
substitute “The CMA”.
(3) In subsection (1A), for the words from the beginning to “the OFT” substitute
“The CMA”.
(4) In subsections (2) to (6) and (8), fo r “OFT” (in each place where it occurs)
substitute “CMA”.
33 In section 54 (regulators), in subsecti ons (2), (5) and (7), for “OFT” (in each
place where it occurs) substitute “CMA”.
34 In section 57 (defamation), for “OFT” substitute “CMA”.
35 In the cross-heading preceding sect ion 58, for “OFT” substitute “CMA”.
36 (1) Section 58 (findings of fact) is amended as follows.
(2) In subsection (1), for “an OFT’s” substitute “a CMA’s”.
(3) In subsection (2)—
(a) for “an OFT’s” substitute “a CMA’s”, and
(b) for “OFT” (in each place where it occurs) substitute “CMA”.
(4) In subsection (3), fo r “OFT” substitute “CMA”.
(5) In the heading, for “OFT” substitute “CMA”.
37 In section 58A (findings of infringeme nts), in subsections (3) and (4), for
“OFT” (in each place where it  occurs) substitute “CMA”.
38 (1) Section 59 (interpretation of Part 1) is amended as follows.
(2) In subsection (1)—
(a) after the definition of “the Chapter II prohibition” insert—
““the CMA” means the Competition and Markets
Authority;”, and
(b) omit the definition of “the OFT”.
(3) In subsection (4), fo r “OFT” substitute “CMA”.
39 In section 60 (principles to be applied in determining questions), in
subsection (4), for “OFT” (in each pl ace where it occurs ) substitute “CMA”.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 5 — Amendments  related to Part 3
Part 1 — Transfer of  functions under the 1998 Act to the CMA127
40 In section 61 (interpretation of Part 2), in subsection (1)—
(a) after the definition of “books and records” insert—
““the CMA” means the Competition and Markets
Authority;”, and
(b) omit the definition of “the OFT”.
41 In section 62 (power to enter busine ss premises under a warrant: Article 20
inspections), in subsections (5) and (1 0), for “OFT” (in each place where it
occurs) substi tute “CMA”.
42 In section 62A (power to enter non-business premises under a warrant:
Article 21 inspections), in subsections (3 ) to (5), and (12), for “OFT” (in each
place where it occurs) substitute “CMA”.
43 In section 62B (powers when conduc ting Article 22(2) inspection), in
subsections (1) and (2), for “OFT” (in each place where it occurs) substitute
“CMA”.
44 In section 63 (power to enter busi ness premises under a warrant: Article
22(2) inspections), in subs ections (1)(a), (2) to (5) and (10), for “OFT” (in each
place where it occurs) substitute “CMA”.
45 (1) Section 65C (interpretation of Part 2A) is amended as follows.
(2) In subsection (1), in the definition of  “Article 22(1) investigation”, for “OFT”
substitute “CMA”.
(3) In subsection (2)—
(a) after the entry for “Article 82” insert—
““the CMA”;”, and
(b) omit the entry for “the OFT”.
(4) In subsection (4), fo r “OFT” substitute “CMA”.
46 In section 65D (power to conduct an Article 22(1) investigation), in
subsection (1), for “OFT” substitute “CMA”.
47 In section 65E (powers when conducting Article 22(1) investigations), in
subsections (1) and (5), for “OFT” (in each place where it occurs) substitute
“CMA”.
48 In section 65F (power to enter bu siness premises with out a warrant), in
subsections (1) and (3), for “OFT” (in each place where it occurs) substitute
“CMA”.
49 In section 65G (power to enter business premises under a warrant), in
subsections (1)(b)(i) and (2), for “OFT ” (in each place where it occurs)
substitute “CMA”.
50 In section 65H (power to enter domestic premises under a warrant), in
subsections (1)(b)(i) and (2), for “OFT ” (in each place where it occurs)
substitute “CMA”.
51 In section 65N (false or misleading in formation), in subsections (1) and (2),
for “OFT” (in each place where it occurs) substitute “CMA”.
52 In section 75A (rules in relation to Pa rts 2 and 2A), in su bsections (1) to (8),
for “OFT” (in each place where it occurs) substitute “CMA”.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 5 — Amendments related to Part 3
Part 1 — Transfer of function s under the 1998 Act to the CMA128
53 (1) Schedule 1 (exclusions: mergers and concentrations) is amended as follows.
(2) In paragraph 4, in sub-paragraphs (1) to (5), for “OFT” (in each place where
it occurs) substitute “CMA”.
(3) In paragraph 5, for “OFT” (in each pl ace where it occurs) substitute “CMA”.
54 In Schedule 2 (exclusions: other competition scrutiny), in Part 3, in
paragraph 5(3)(a), for “Dir ector” substitute “CMA”.
55 (1) Schedule 3 (general exclus ions) is amended as follows.
(2) In paragraph 9, in sub-paragraphs (3) to (7), for “OFT” (in each place where
it occurs) substitute “CMA”.
56 (1) Schedule 6A (commitments) is amended as follows.
(2) In paragraph 1, for “OFT” substitute “CMA”.
(3) In paragraph 2—
(a) in sub-paragraph (1), for “OFT” substitute “CMA”, and
(b) in sub-paragraph (2)—
(i) for “OFT” (in each place wher e it occurs) substitute “CMA”,
and
(ii) for “OFT’s” substitute “CMA’s”.
(4) In paragraph 3, in sub-paragrap h (1), for “OFT” substitute “CMA”.
(5) In paragraph 4, for “OFT” (in each pl ace where it occurs) substitute “CMA”.
(6) In paragraph 5, for “OFT” substitute “CMA”.
(7) In paragraph 6, for “OFT” substitute “CMA”.
(8) In paragraph 7, for “OFT” (in each pl ace where it occurs) substitute “CMA”.
(9) In paragraph 8, for “OFT” (in each pl ace where it occurs) substitute “CMA”.
(10) In paragraph 10, for “OFT” substitute “CMA”.
(11) In paragraph 11, in sub-paragraph (1), for “OFT” substitute “CMA”.(12) In paragraph 12, for “OFT” substitute “CMA”.
(13) In paragraph 13, for “OFT” substitute “CMA”.
(14) In paragraph 14, for “OFT” (in each place where it occurs) substitute “CMA”.
57 (1) Schedule 8 (appeals) is amended as follows.
(2) In paragraph 2, in sub-paragraph (2), for “OFT’s” su bstitute “CMA’s”.
(3) In paragraph 3, in sub-paragraphs (2) and (3), for “OFT” (in each place where
it occurs) substitute “CMA”.
(4) In paragraph 3A, in sub-paragrap h (3), for “OFT” substitute “CMA”.
58 (1) Schedule 9 (rules under sect ion 51) is amended as follows.
(2) In the heading, for “O FT’s” substitute “CMA’s”.
(3) In paragraph 1, for “OFT” substitute “CMA”.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 5 — Amendments  related to Part 3
Part 1 — Transfer of  functions under the 1998 Act to the CMA129
(4) In paragraph 5, in sub-paragraphs (1) and (2), for “OFT” (in each place where
it occurs) substitute “CMA”.
(5) In paragraph 8, for “OFT” (in each pl ace where it occurs) substitute “CMA”.
(6) In paragraph 9, for “OFT” (in each pl ace where it occurs) substitute “CMA”.
(7) In paragraph 11, for “OFT” substitute “CMA”.(8) In paragraph 12, in sub-paragraph (1)—
(a) for “OFT” substi tute “CMA”, and
(b) for “OFT’s” substitute “CMA’s”.
(9) In paragraph 13—
(a) for “OFT” substi tute “CMA”, and
(b) for “OFT’s” substitute “CMA’s”.
(10) In paragraph 14, for “OFT” substitute “CMA”.
P
ART 2
TRANSFER  OF FUNCTIONS  UNDER  THE 2002 A CT TO THE CMA
59 The Enterprise Act 2002 is amended as follows.
Part 1
60 (1) Section 5 (acquisiti on of information etc) is amended as follows.
(2) In subsections (1), (2) and (3), for “OFT” (in each place where it occurs)
substitute “CMA”.
(3) In the italic cross-heading preceding the section for “OFT” substitute “the
CMA”.
61 In section 6 (provision of information etc to the public), in subsections (1)
and (2), for “OFT” (in each place where it occurs) substitute “CMA”.
62 (1) Section 7 (provision of information and advice to Ministers etc) is amended
as follows.
(2) In subsection (1), fo r “OFT” substitute “CMA”.
(3) In subsection (2), for “OFT” (in ea ch place where it occurs) substitute
“CMA”.
63 Omit section 8 (promoting good consumer practice).64 (1) Section 11 (super-complaints) is amended as follows.
(2) In subsections (1) and (2),  for “OFT” (in each place where it occurs) substitute
“CMA”.
(3) In subsection (3), for “OFT’s” substitute “CMA’s”.
(4) In subsection (7), fo r “OFT” substitute “CMA”.
65 For the title to Part 1 substitute  “General functions of the CMA”.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 5 — Amendments related to Part 3
Part 2 — Transfer of function s under the 2002 Act to the CMA130
Part 2
66 In Schedule 4 (Competition Appeal Tr ibunal: procedure), in Part 2 (Tribunal
rules), in paragraph 22(2), for “OFT” substitute “CMA”.
Part 3
67 (1) Section 22 (duty to make references  in relation to completed mergers) is
amended as follows.
(2) In subsection (1), for the words befo re paragraph (a) substitute “The CMA
shall, subject to subsections (2) and (3),  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 that  it is or may be the case that—”.
(3) In subsection (2)—
(a) in the words before paragraph (a),  for “OFT” substitute “CMA”, and
(b) in paragraph (a), omit “to the Commission”.
(4) In subsections (3) and (3A), for “O FT” (in each place where it occurs)
substitute “CMA”.
(5) In subsection (7)—
(a) in paragraph (a), for “the OF T or (as the case may be) the
Commission” substitute “the CMA”, and
(b) in paragraph (b), for “the OFT,  the Commission” substitute “the
CMA”.
68 In section 23 (relevant merger situations ), in subsection (9), in paragraph (a),
for “Commission” substitute “CMA”.
69 In section 24 (time-limits and prior no tice), in subsection  (2), for “OFT” (in
each place where it occurs) substitute “CMA”.
70 In section 25 (extension of time-limits) , in subsections (1) to (6) and (8), for
“OFT” (in each place where it  occurs) substitute “CMA”. 
71 In section 28 (turnover test), in subs ection (5), for “OFT ” substitute “CMA”.
72 (1) Section 33 (duty to ma ke references in relation to anticipated mergers) is
amended as follows.
(2) In subsection (1), for the words befo re paragraph (a) substitute “The CMA
shall, subject to subsections (2) and (3),  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 that  it is or may be the case that—”.
(3) In subsection (2)—
(a) in the words before paragraph (a), for “OFT” substitute “CMA”,
(b) in paragraph (a), omit “to the Commission”, and
(c) in paragraph (b), omit “to the Commission”.
(4) In subsections (3) and (3A), for “O FT” (in each place where it occurs)
substitute “CMA”.
73 (1) Section 34A (duty where case re ferred by the European Commission) is
amended as follows.
(2) In subsection (1), fo r “OFT” substitute “CMA”.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 5 — Amendments  related to Part 3
Part 2 — Transfer of  functions under the 2002 Act to the CMA131
(3) In subsection (2)—
(a) in the words before paragraph (a),  for “OFT” substitute “CMA”, and
(b) in paragraph (a), omit “to the Commission”.
(4) In subsection (3), for “OFT” (in ea ch place where it occurs) substitute
“CMA”.
(5) In the heading, for “OFT” substitute “CMA”.
74 Before section 35 (but after the ital ic cross-heading immediately preceding
it) insert—
“34C Functions to be exercised by CMA groups
(1) Where a reference is made to the chair of the CMA under section 22
or 33 for the constitution of a group under Schedule 4 to the
Enterprise and Regulatory Reform  Act 2013, the functions of the
CMA under or by virtue of the foll owing provisions of this Part in
relation to the matter concerned are to be carried out on behalf of the
CMA by the group so constituted—
(a) sections 35 to 41B, except for sections 35(6) and (7), 36(5) and
(6) and 37(6);
(b) where a reference is treated by virtue of section 37(2) as
having been made under se ction 22, section 23(9)(a);
(c) section 76, as it applies in re lation to orders under section 83,
and sections 77, 78 and 80 to 84;
(d) section 87, so far as relating to an enforcement order made on
behalf of the CMA by the group;
(e) sections 92(4), 94 and 94A, so far as relating to an enforcement
undertaking or enforcement or der made on behalf of the
CMA by the group; 
(f) section 104, so far as relating to a decision mentioned in
paragraph (a)(iii) of the defini tion of relevant decision in
subsection (6) of that section;
(g) section 107, so far as relating to anything done on behalf of
the CMA by the group;
(h) section 109, where the permit ted purpose in question relates
to a function that (by virtue of this section) is being or is to becarried out on behalf of  the CMA by the group;
(i) sections 110 to 115, so far as relating to a notice given under
section 109 on behalf of the CMA by the group; 
(j) section 120(5)(b), so  far as relating to a decision of the group;
(k) Schedule 10, so far as relating to an enforcement undertaking
or enforcement order which the group is considering
accepting or making, or whic h the group has accepted or
made, on behalf of the CMA.
(2) The functions of the CMA under section 95(4) in relation to the
matter concerned may be carried ou t on behalf of the CMA by the
group.
(3) Nothing in subsection (1) preven ts the CMA Board from exercising a
function of the CMA under or by virtue of the following provisions
of this Part where the group cons tituted as mentioned in subsection
(1) has ceased to exist—Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 5 — Amendments related to Part 3
Part 2 — Transfer of function s under the 2002 Act to the CMA132
(a) section 76 and Schedule 10, so far as relating to the making of
an order under section 76 in re lation to an order under section
83;
(b) section 83 and Schedule 10, so far as relating to the making of
an order under section 83;
(c) sections 76 (as it applies in re lation to an order under section
83), 80 to 84 and Schedule 10, so far as relating to thevariation, supersession or  release of enforcement
undertakings or the variation or revocation of enforcement
orders;
(d) section 87;
(e) sections 92(4) and 94.”
75 In section 35 (questions to be decide d in relation to completed mergers), in
subsections (1) and (3) to (7), for “Commission” (in each place where it
occurs) substi tute “CMA”. 
76 In section 36 (questions to be decide d in relation to anticipated mergers), in
subsections (1) to (6), for “Commissio n” (in each place where it occurs)
substitute “CMA”.
77 (1) Section 37 (cancellation and variation of references under section 22 or 33) is
amended as follows.
(2) In subsections (1) to (4), for “Commi ssion” (in each plac e where it occurs)
substitute “CMA”.
(3) In subsection (6), fo r “OFT” substitute “CMA”.
(4) Omit subsections (7) and (8).
(5) In subsection (9)—
(a) for “OFT” substi tute “CMA”, and
(b) for “Commission” substitute “CMA”.
78 (1) Section 38 (investigations and report s on references unde r section 22 or 33)
is amended as follows.
(2) In subsections (1) to (3), for “Commi ssion” (in each plac e where it occurs)
substitute “CMA”.
(3) Omit subsection (4).
79 In section 39 (time-limits for investigations and reports), in subsections (1),
(3), (4) and (8), for “Commission” (in each place where it  occurs) substitute
“CMA”.
80 In section 40 (section 39: supplementary ), in subsections (10), (11) and (13),
for “Commission” (in ea ch place where it occurs) substitute “CMA”.
81 In section 41 (duty to remedy effects of completed or anticipated mergers),
in subsections (1) to (5),  for “Commission” (in each  place where it occurs)
substitute “CMA”.
82 (1) Section 42 (intervention by Secretary of  State in certain public interest cases)
is amended as follows.
(2) In subsection (2), fo r “OFT” substitute “CMA”.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 5 — Amendments  related to Part 3
Part 2 — Transfer of  functions under the 2002 Act to the CMA133
(3) In subsection (6)—
(a) for “OFT” (in each place where it occurs) substitute “CMA”, and
(b) for “Commission” substitute “CMA”.
83 (1)  Section 43 (intervention notices un der section 42) is amended as follows.
(2) In subsection (4)—
(a) in paragraph (a), for “O FT” substitute “CMA”, and
(b) for “Commission” (in each place wh ere it occurs) substitute “CMA”. 
84 (1)  Section 44 (investigation and report) is amended as follows.
(2) In subsections (2) and (3),  for “OFT” (in each place where it occurs) substitute
“CMA”.
(3) In subsection (4) —
(a) in the words before paragraph (a),  for “OFT” substitute “CMA”, and
(b) in paragraph (c), omit “to the Commission”.
(4) In subsections (5), (5A) and (7), fo r “OFT” (in each place where it occurs)
substitute “CMA”.
(5) In the heading, for “OFT” substitute “CMA”.
85 (1) Section 45 (power of Secretary of  State to refer matter) is amended as
follows.
(2) In subsection (1), in paragrap h (b), for “OFT” substitute “CMA”.
(3) In subsections (2) to (5 ), for “to the Commission” (in each place where it
occurs) substitute “to the chair of th e CMA for the constitution of a group
under Schedule 4 to the Enterprise and Regulatory Reform Act 2013”.
(4) In the heading, for “Com mission” substitute “CMA”.
86 In section 46 (references under section 46: supplementary), in subsection (2),
for “OFT” substitute “CMA”.
87 (1) Section 46A (cases referred by Eu ropean Commission where intervention
notice is in force) is amended as follows.
(2) In subsection (1), fo r “OFT” substitute “CMA”.
(3) In subsection (2), in paragrap h (a), omit “to the Commission”.
88 Before section 47 (but after the ital ic cross-heading immediately preceding
it) insert—
“46D Functions to be exercised by CMA groups
Where a reference is made to the chair of the CMA under section 45
for the constitution of a group unde r Schedule 4 to the Enterprise and
Regulatory Reform Act 2013, the functions of the CMA under or by
virtue of the following provisions of this Part in relation to the matter
concerned are to be carried out on behalf of the CMA by the groupso constituted—
(a) sections 47 to 53;
(b) where a reference is treated by virtue of section 49(1) as
having been made under section 45(2) or (3), section 23(9)(ab)
(as it has effect by virtue of section 42(6));Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 5 — Amendments related to Part 3
Part 2 — Transfer of function s under the 2002 Act to the CMA134
(c) sections 104, so far as relating to any decision mentioned in
paragraph (a)(iii) of the defini tion of relevant decision in
subsection (6) of that section, and 104A;
(d) section 107, so far as relating to anything done on behalf of
the CMA by the group;
(e) section 109, where the permitted purpose relates to a function
that (by virtue of this section) is being or is to be carried outon behalf of the CMA by the group;
(f) sections 110 to 115, so far as relating to a notice given under
section 109 on behalf of the CMA by the group; 
(g) section 118(4);
(h) section 120(5)(b), so far as rela ting to a decision of the group.”
89 In section 47 (questions to be decided on references under section 45), in
subsections (1) to (11), for “Commissio n” (in each place where it occurs)
substitute “CMA”.
90 In section 48 (cases where references on certain questions need not be
decided), in subsections (1) to (3) fo r “Commission” (in each place where it
occurs), substitute “CMA”.
91 In section 49 (variation of references under section 45), in subsections (1) to
(4) and (7) to (9), for “Commission” (i n each place where it  occurs) substitute
“CMA”. 
92 In section 50 (investigations and reports on references under section 45), in
subsections (1) to (3), for “Commissio n” (in each place where it occurs)
substitute “CMA”.
93 (1) Section 51 (time-limits for investigations and reports) is amended as follows.
(2) In subsections (1) to (4) and (8), fo r “Commission” (in each place where it
occurs) substi tute “CMA”.
(3) In the heading, for “Com mission” substitute “CMA”.
94 Section 52 (section 51: supplementary), in subsections (10), (11) and (13), for
“Commission” (in each place wher e it occurs) substitute “CMA”.
95 (1) Section 53 (restrictions on action where public interest considerations not
finalised) is amended as follows.
(2) In subsection (1), for “C ommission” substitute “CMA”.
(3) In subsection (2)—
(a) omit “to the Commission”, and
(b) for “Commission” substitute “CMA”.
(4) In subsections (3) to (5), for “Commi ssion” (in each plac e where it occurs)
substitute “CMA”.
96 (1) Section 54 (decision of Secretary of State in public interest cases) is amended
as follows.
(2) In subsection (1), for “C ommission” substitute “CMA”.
(3) In subsection (3), omit “to the Comm ission” (in each place where it occurs).Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 5 — Amendments  related to Part 3
Part 2 — Transfer of  functions under the 2002 Act to the CMA135
(4) In subsections (5) and (6 ), for “Commission” (in each  place where it occurs)
substitute “CMA”.
(5) In subsection (7)—
(a) omit “to the Commission” (in each place wher e it occurs),
(b) for “of the Commission” (in each pl ace where it occurs) substitute “of
the CMA”, and
(c) in paragraph (b)(ii), fo r “OFT” substitute “CMA”.
97 In section 55 (enforcement action by Secretary of State), in subsection (3), for
“Commission” su bstitute “CMA”.
98 (1) Section 56 (competition cases where in tervention on public  interest grounds
ceases) is amended as follows.
(2) In subsections (1) and (2),  for “OFT” (in each place where it occurs) substitute
“CMA”.
(3) In subsection (3)—
(a) for “Commission” (in each place where it occurs) substitute “CMA”,
(b) for “the report of the OFT”  substitute “its  report”, and
(c) omit “to it by the OFT”.
(4) In subsection (4), for “Commission” (i n each place where it occurs) substitute
“CMA”.
(5) In subsection (6)—
(a) for “Commission” substitute “CMA”, and
(b) omit “to it”.
(6) In subsection (7), for “Commission” (i n each place where it occurs) substitute
“CMA”.
(7) In subsection (8)—
(a) for “Commission” substitute “CMA”,
(b) after “(6)” insert “—
(a) ”, 
(c) omit “to the Commission by the OFT”, and
(d) at the end insert “; and
(b) for the purposes of sect ion 34C, the group constituted
in consequence of the refe rence under section 45 is to
be treated as if it were co nstituted in consequence of a
reference under section 22 or  (as the case may be) 33.” 
99 (1) Section 57 (duties of authorities to inform Secretary of State) is amended as
follows.
(2) In subsection (1), fo r “OFT” substitute “CMA”.
(3) In subsection (2)—
(a) for “OFT, OFCOM and the Commission” substitute “CMA and
OFCOM”, and
(b) for “OFT, OFCOM or (as the case may be) the Commission”
substitute “CMA or (as the case may be) OFCOM”.
(4) In the heading, for “OFT and Comm ission” substitute “CMA and OFCOM”.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 5 — Amendments related to Part 3
Part 2 — Transfer of function s under the 2002 Act to the CMA136
100 In section 58 (specified consideratio ns), in subsection  (4)(b) for “OFT,
OFCOM, the Commission” su bstitute “CMA, OFCOM”.
101 (1) Section 59 (intervention by Secretary of State in special public interest cases)
is amended as follows.
(2) In subsection (2), fo r “OFT” substitute “CMA”.
(3) In subsection (6)—
(a) for “OFT” (in each place where it occurs) substitute “CMA”, and
(b) for “Commission” substitute “CMA”.
102 (1) Section 60 (special intervention notices under section 59) is amended as
follows.
(2) In subsection (4)—
(a) in paragraph (a), for “O FT” substitute “CMA”, and
(b) for “Commission” (in each place wh ere it occurs) substitute “CMA”. 
103 (1) In section 61 (initial investigation and report) is amended as follows.
(2) In subsections (2) to (4A) and (6), fo r “OFT” (in each place where it occurs)
substitute “CMA”.
(3) In the heading, for “OFT” substitute “CMA”.
104 (1) Section 62 (power of Secretary of State to refer matter) is amended as
follows.
(2) In subsection (1), in paragrap h (b), for “OFT” substitute “CMA”.
(3) In subsections (2) and (3), for “to the Commission” (in each place where it
occurs), substitute “to th e chair of the CMA for the constitution of a group
under Schedule 4 to the Enterprise and Regulatory Reform Act 2013”.
(4) In subsection (5), fo r “OFT” substitute “CMA”.
105 Before section 63 insert—
“62A Functions to be exercised by CMA groups
Where a reference is made to the chair of the CMA under section 62
for the constitution of a group unde r Schedule 4 to the Enterprise and
Regulatory Reform Act 2013, the functions of the CMA under or by
virtue of the following provisions of this Part in relation to the matter
concerned are to be carried out on behalf of the CMA by the groupso constituted—
(a) sections 63 to 65;
(b) where a reference is treated by virtue of section 64(2) as
having been made under section 62(2), section 23(9)(ab) (as it
has effect by virtue of section 59(6));
(c) sections 104, so far as relating to any decision mentioned in
paragraph (a)(iii) of the defini tion of relevant decision in
subsection (6) of that section, and 104A;
(d) section 107, so far as relating to anything done on behalf of
the CMA by the group;
(e) section 109, where the permitted purpose relates to a function
that (by virtue of this section) is being or is to be carried outon behalf of the CMA by the group;Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 5 — Amendments  related to Part 3
Part 2 — Transfer of  functions under the 2002 Act to the CMA137
(f) sections 110 to 115, so far as relating to a notice given under
section 109 on behalf of the CMA by the group; 
(g) section 118(4);
(h) section 120(5)(b), so far as rela ting to a decision of the group.”
106 In section 63 (questions to be decided on references under section 62), in
subsections (1) to (4), for “Commissio n” (in each place where it occurs)
substitute “CMA”.
107 In section 64 (cancellation and variation of references under section 62), in
subsections (1) to (4) and (7) to (9), for “Commission” (in each place where it
occurs) substi tute “CMA”. 
108 In section 65 (investigations and reports on references under section 62), in
subsections (1) to (2A) and (4), fo r “Commission” (in each place where it
occurs) substi tute “CMA”.
109 In section 66 (d ecision and enforcement action by Secretary of State), in
subsections (1) to (4) and (7), for “Commission” (in each place where it
occurs) substi tute “CMA”. 
110 In section 67 (intervention to protect legitimate interests), in subsections (2)
and (8), for “OFT” (in each place where it occurs) substitute “CMA”.
111 In section 68 (scheme for protecting le gitimate interests), in subsection (4)—
(a) in paragraph (b), for “OFT” substitute “CMA”,
(b) in paragraph (c), for “to the Comm ission” substitute “to the chair of
the CMA for the constitution of a group under Schedule 4 to the
Enterprise and Regulatory Reform Act 2013”, and
(c) in paragraph (d), for “the Commi ssion” substitute “the CMA, acting
through a group so constituted,”.
112 In section 72 (initial enforcement orders ), in subsections (2), (6) and (7), for
“OFT” (in each place where it  occurs) substitute “CMA”. 
113 In section 73 (undertakings in lieu of re ferences), in subsections (1) to (4), (5)
and (7), for “OFT” (in each place wh ere it occurs) su bstitute “CMA”. 
114 In section 74 (effect of undertakings under section 73 ), in subsecti ons (1), (2)
and (5), for “OFT” (in each place wh ere it occurs) su bstitute “CMA”. 
115 In section 75 (order making power where undertakings under section 73 not
fulfilled), in subsections (1 ), (2), (4) and (6), for “OFT” (in each place where it
occurs) substi tute “CMA”.
116 (1) Section 76 (supplementary interi m order-making power) is amended as
follows
(2) In subsection (1)—
(a) in paragraph (a), for “O FT” substitute “CMA”, and
(b) in paragraph (b), for “Com mission” substitute “CMA”.
(3) In subsections (2), (3), (4) and (7),  for “OFT or (as the case may be) the
Commission” (in each place wher e it occurs) substitute “CMA”.
117 In section 77 (restrictions on ce rtain dealings: completed mergers), in
subsections (2), (3), (5) and (6), fo r “Commission” (in each place where it
occurs) substi tute “CMA”. Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 5 — Amendments related to Part 3
Part 2 — Transfer of function s under the 2002 Act to the CMA138
118 In section 78 (restrictions on cert ain dealings: anticipated mergers), in
subsections (2) to (4), for “Commissio n” (in each place where it occurs)
substitute “CMA”. 
119 (1) Section 79 (sections 77 and 78: further interpretation provisions) is amended
as follows.
(2) In subsection (1), for “Commission” (i n each place where it occurs) substitute
“CMA”.
(3) In subsection (4), fo r “OFT” substitute “CMA”.
120 (1) Section 80 (interim undertakings) is amended as follows.
(2) In subsections (2 ), (5) and (9), for “Commiss ion” (in each place where it
occurs) substi tute “CMA”.
(3) In subsection (10), for “Com mission’s” substitute “CMA’s”.
121 (1) Section 81 (interim orders) is amended as follows.
(2) In subsection (2), for “Commission” (i n each place where it occurs) substitute
“CMA”.
(3) In subsection (9), for “C ommission” substitute “CMA”.
122 In section 82 (final undertakings), in  subsections (1), (2) and (5), for
“Commission” (in each place wher e it occurs) substitute “CMA”.
123 (1) Section 83 (order-making powers wh ere final undertakings not fulfilled) is
amended as follows.
(2) In subsection (1), in  the words before paragr aph (a), for “Commission”
substitute “CMA”.
(3) In that subsection , in paragraph (b)—
(a) for “Commission or the OFT” substitute “CMA”, and
(b) for “Commission decided” substitute “CMA decided”.
(4) In subsections (2) and (4 ), for “Commission” (in each  place where it occurs)
substitute “CMA”.
(5) Omit subsection (6).
124 (1) Section 84 (final orders) is amended as follows.
(2) In subsections (1) and (2 ), for “Commission” (in each  place where it occurs)
substitute “CMA”.
(3) Omit subsection (4).
125 In section 85 (enforcement regime for public interest and special interest
cases), in subsection (2), for “OFT” substitute “CMA”.
126 (1) Section 91 (register of undertakin gs and orders) is amended as follows.
(2) In subsections (1) and (2),  for “OFT” (in each place where it occurs) substitute
“CMA”.
(3) In subsection (3)—
(a) in the words before paragraph (a),  for “OFT” substitute “CMA”, and
(b) in paragraph (d), for “Commission” substitute “CMA”.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 5 — Amendments  related to Part 3
Part 2 — Transfer of  functions under the 2002 Act to the CMA139
(4) In subsection (4), fo r “OFT” substitute “CMA”.
(5) In subsection (5)—
(a) for “Commission and the Secretary of State” substitute “Secretary of
State”,
(b) for “OFT” substi tute “CMA”, and
(c) for “by them” (in each place wh ere it occurs) substitute “by the
Secretary of State”.
(6) In subsections (6) and (7),  for “OFT” (in each place where it occurs) substitute
“CMA”.
127 In the italic cross-head ing preceding section 92, fo r “OFT” substitute “CMA”.
128 (1) Section 92 (duty to monitor undertak ings and orders) is amended as follows.
(2) In subsections (1) and (2),  for “OFT” (in each place where it occurs) substitute
“CMA”.
(3) In subsection (3)—
(a) in the words before paragraph (a)—
(i) for “OFT” substi tute “CMA”, and
(ii) omit “the Commission or (as the case may be)”, 
(b) in paragraph (a)—
(i) omit “the Commission or (as the case may be)”, and
(ii) omit “it (or as the case may be)”, and
(c) in paragraphs (b) to (d), omit “t he Commission or (as the case may
be)” (in each place where it occurs).
(4) In subsections (4) to (6), for “OFT” (i n each place where it occurs) substitute
“CMA”.
(5) In subsection (7)—
(a) in the words before paragraph (a), for “OFT” substitute “CMA”,
(b) omit paragraph (a), and
(c) in paragraph (b), for “the report” substitute “any report prepared by
it under subsection (6)”.
(6) In the heading, for “OFT” substitute “CMA”.
129 (1) Section 93 (further role in relation to undertakings and orders) is amended
as follows.
(2) In subsection (1), omit paragrap h (a) and the word “or” immediately
following it. 
(3) In subsection (2)—
(a) for the words from the beginnin g to “authority”)” substitute “The
Secretary of State”,
(b) for “OFT” substitute “CMA”,
(c) for “relevant authority” (in each place where it occurs) substitute
“Secretary of State”, and
(d) omit “section 80 or 82 or (as the case may be)”.
(4) In subsection (3)—Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 5 — Amendments related to Part 3
Part 2 — Transfer of function s under the 2002 Act to the CMA140
(a) for “relevant authority” (in each place where it occurs) substitute
“Secretary of State”,
(b) for “OFT” substi tute “CMA”, and
(c) for “OFT’s” substitute “CMA’s”.
(5) In subsection (4)—
(a) for “OFT” substitute “CMA”,
(b) for “relevant authority” substitute “Secretary of State”, and
(c) omit “section 80 or 82 or (as the case may be)”.
(6) In subsection (6)—
(a) for “relevant authority” substitute “Secretary of State”, and
(b) for “OFT” substitute “CMA”.
(7) In the heading, for “OFT” substitute “CMA”.
130 (1) Section 94 (rights to enforce un dertakings and orders) is amended as
follows. 
(2) In subsection (6), fo r “OFT” substitute “CMA”.
(3) Omit subsection (7).
131 (1) Section 95 (rights to enforce statutory restrictions) is amended as follows. 
(2) In subsection (4), for “OFT or  the Commission” substitute “CMA”.
(3) In subsection (5), fo r “OFT” substitute “CMA”.
132 (1) Section 96 (merger notices) is amended as follows.
(2) In subsection (1), for “OFT” substitute “CMA”. 
(3) In subsection (5), fo r “OFT” substitute “CMA”.
133 (1) Section 99 (certain functions in re lat ion to me rg er notices) is amended as
follows.
(2) In subsection (1), for “OFT” (in ea ch place where it occurs) substitute
“CMA”. 
(3) In subsection (5), for “OFT” (in ea ch place where it occurs) substitute
“CMA”.
(4) In the heading, for “OFT and Secr etary of State” substitute “CMA”.
134 In section 100 (exceptions to prot ection given by merger notices), in
subsection (1), for “OFT” (in each pl ace where it occurs ) substitute “CMA”.
135 (1) Section 104 (certain duties of relev ant authorities to consult) is amended as
follows.
(2) In subsection (6), in the definition of “relevan t authority” for “OFT, the
Commission” substitute “CMA”.
(3) In that subsection, in the definition of  “relevant decision”—
(a) for “OFT” (in each place where it occurs) substitute “CMA”,
(b) in paragraph (a), after sub- paragraph (ii) insert “; or
(iii) on the questions mentioned in section 35(1) or
(3), 36(1) or (2),  47 or 63;”, andEnterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 5 — Amendments  related to Part 3
Part 2 — Transfer of  functions under the 2002 Act to the CMA141
(c) omit paragraph (b).
136 In section 104A (public consultation in relation to media mergers), in
subsections (1) to (3), for “Commissio n” (in each place where it occurs)
substitute “CMA”.
137 (1) Section 105 (general information duties) is amended as follows.
(2) In subsection (1), fo r “OFT” substitute “CMA”.
(3) In subsection (3)—
(a) in the words before paragraph (a)—
(i) for “OFT” substi tute “CMA”, and
(ii) omit “Commission or”, 
(b) in paragraph (a), omit “the Commis sion or (as the case may be)” (in
each place where it occurs), and
(c) in paragraph (b)—
(i) omit “the Commission or (as the case may be)”, and
(ii) for “OFT” substitute “CMA”.
(4) In subsection (3A)—
(a) in the words before paragraph (a), for “Commission or the OFT”
substitute “CMA”, and
(b) for “Commission or (as the case  may be) the OFT” (in each place
where it occurs) substitute “CMA”.
(5) In subsection (4)—
(a) for “OFT” (in each place where it occurs) substitute “CMA”,
(b) for “the Commission or OF COM” substitute “OFCOM”, and
(c) omit “the Commission or (as the ca se may be)” (in each place where
it occurs).
(6) In subsection (4A)—
(a) for “Commission or the OFT” substitute “CMA”, and
(b) for “Commission or (as the case  may be) the OFT” (in each place
where it occurs) substitute “CMA”.
(7) In subsection (5)—
(a) in the words before paragrap h (a), for “OFT, OFCOM and the
Commission” substitute “CMA and OFCOM”, and
(b) in paragraph (b), for “OFT, OF COM or (as the case may be) the
Commission” substitute “CMA or (as the case may be) OFCOM”.
(8) In subsection (6), for “OFT” (in ea ch place where it occurs) substitute
“CMA”.
(9) In subsection (7)—
(a) for “Commission” substitute “CMA”, and
(b) for “(3), (3A), (4) or (4A) ” substitute “(3A) or (4A)”.
(10) In subsection (7A), omit the words from “and the OFT” to the end of the
subsection.
(11) In the heading, for “OFT an d Commission” substitute “CMA”.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 5 — Amendments related to Part 3
Part 2 — Transfer of function s under the 2002 Act to the CMA142
138 (1) Section 106 (advice and information about references under sections 22 and
33) is amended as follows.
(2) In subsection (1)—
(a) omit “As soon as reasonably pr acticable after the passing of this
Act,”,
(b) for “the OFT” substitute “The CMA”, and
(c) for the words from “the making” to the end of the subsection
substitute “—
(a) the making and consider ation by it of references
under section 22 or 33, and
(b) the way in which releva nt customer benefits may
affect the taking of enforc ement action in relation to
such references.”
(3) In subsection (2), fo r “OFT” substitute “CMA”.
(4) Omit subsections (3) and (4).(5) In subsection (5), in paragraph (b), for “OFT or  (as the case may be) the
Commission” substitute “CMA”.
(6) In subsection (6)—
(a) omit “or (3)”, and
(b) for “OFT or (as the case may be) the Commission” substitute “CMA”.
(7) In subsection (7)—
(a) for “OFT or the Commi ssion” substitute “CMA”, and
(b) for “OFT or (as the case may be) the Commission” substitute “CMA”.
(8) In subsection (8), for “OFT shall consult the Commission and such other
persons” substitute “CMA sh all consult such persons”.
(9) Omit subsection (9).
139 In section 106A (advice and informatio n in relation to media mergers), in
subsection (5), for “OFT, OFCOM, the Commission” substitute “CMA,OFCOM”.
140 In section 106B (general advisory duties of OFCOM), in subsections (1) and
(3), for “Commission” substitute “CMA”.
141 (1) Section 107 (further publicity requirements) is amended as follows.
(2) In subsection (1)—
(a) for “OFT” substitute “CMA”,
(b) in paragraph (e), omit “or 76”, and
(c) omit paragraphs (g) and (h).
(3) In subsection (2), fo r “Commission shall” subs titute “CMA shall also”.
(4) In subsection (3)—
(a) in paragraph (b), for “O FT” substitute  “CMA”, and
(b) in paragraph (e), for “Co mmission” substitute “CMA”.
(5) In subsection (9)—
(a) in paragraph (a), for “O FT” substitute “CMA”, andEnterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 5 — Amendments  related to Part 3
Part 2 — Transfer of  functions under the 2002 Act to the CMA143
(b) in paragraph (b), for “Com mission” substitute “CMA”.
(6) In subsection (10)—
(a) in paragraph (a), for “O FT” substitute “CMA”, and
(b) in paragraph (b), for “Com mission” substitute “CMA”.
(7) In subsection (11), for “Com mission’s” substitute “CMA’s”.
142 In section 108 (defamation), for “O FT, OFCOM, the Commission” substitute
“CMA, OFCOM”.
143 In section 109 (attendance of witnesses and production of documents etc.),
in subsection (3)(a), for “the Co mmission” substitute “the CMA”.
144 In section 110 (enforcement of powers under section 109: general), in
subsections (1) to (3), (6), (8) and (9),  for “Commission” (i n each place where
it occurs) substitute “CMA”.
145 In section 111 (penalties), in subsection s (1), (5) and (8), for “Commission” (in
each place where it occurs) substitute “CMA”.
146 In section 112 (penalties: main procedural requirements), in subsections (1)
to (3), for “Commission” (in each pl ace where it occurs ) substitute “CMA”.
147 In section 113 (payment and interest by instalments), in subsections (3) and
(4), for “Commission” (in each plac e where it occurs) substitute “CMA”.
148 In section 114 (appeals in relation to pe nalties), in subsections (4), (5) and (7),
for “Commission” (in ea ch place where it occurs) substitute “CMA”.
149 In section 115 (recovery of penalties),  for “Commission” (in each place where
it occurs) substitute “CMA”.
150 In section 116 (statement of policy),  in subsections (1), (3) and (4), for
“Commission” (in each place wher e it occurs) substitute “CMA”.
151 In section 117 (false or misleading in formation), in subs ections (1) and (2),
for “OFT, OFCOM, the Commission” (in each place where it occurs)
substitute “CMA, OFCOM”.
152 (1) Section 118 (excisions from reports) is amended as follows.
(2) In subsection (1)—
(a) in paragraph (a), for “O FT” substitute “CMA”, and
(b) in paragraph (b), for “Com mission” substitute “CMA”.
(3) In subsection (5), for “C ommission” substitute “CMA”.
153 (1) Section 119 (minority reports) is amended as follows.
(2) In subsection (1)—
(a) omit “in pursuance of paragraph 15 of Schedule 7 to the Competition
Act 1998 (c. 41)”, and
(b) for “Commission” (in each place where it occurs) substitute “CMA”.
(3) In the heading, for “Com mission” substitute “CMA”.
154 (1) Section 119B (monitoring role in re lation to media mergers) is amended as
follows.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 5 — Amendments related to Part 3
Part 2 — Transfer of function s under the 2002 Act to the CMA144
(2) In subsections (1) and (2),  for “OFT” (in each place where it occurs) substitute
“CMA”.
(3) In the heading, for “OFT” substitute “CMA”.
155 In section 120 (review of decisions under Part 3), in subsection (1)—
(a) for “OFT” substi tute “CMA”, and
(b) for “the Secretary of State or the Commission” substitute “or the
Secretary of State”.
156 (1) Section 121 (fees) is amended as follows.
(2) In subsection (1)—
(a) for “OFT of” substitute “CMA of”, and
(b) for “OFT, OFCOM and the Commission” substitute “CMA and
OFCOM”.
(3) In subsections (3), (4) and (7), for “OFT” (in each place where it occurs)
substitute “CMA”.
(4) In subsection (8)—
(a) for “OFT in” substitute “CMA in”, and
(b) for “OFT, OFCOM and the Commission” substitute “CMA and
OFCOM”.
(5) In subsection (9), fo r “OFT” substitute “CMA”.
157 (1) Section 122 (primacy of EU law) is amended as follows.
(2) In subsection (1)—
(a) omit “or (3)”, and 
(b) for “OFT or (as the case may be) the Commission” substitute “CMA”.
(3) In subsection (2), for “OFT” (in ea ch place where it occurs) substitute
“CMA”.
158 Section 123 (power to alter share of su pply test), in subsection (4), for “OFT
and the Commission” substitute “CMA”.
159 (1) Section 130 (index of defined expressions) is amended as follows.
(2) At the appropriate plac e in the table insert—
(3) Omit the entries in the table fo r “The Commission” and “The OFT”.
(4) In the first column of the entry fo r “Reports of the Commission”, for
“Commission” su bstitute “CMA”.
160 (1) Schedule 7 (enforcement regime for public interest and special interest
cases) is amended as follows.
(2) In paragraph 2, in sub-paragraphs (2),  (10) and (11), for “OFT” (in each place
where it occurs) substitute “CMA”.
(3) In paragraph 3, in sub-paragraph (3 ), for “OFT” (in each place where it
occurs) substi tute “CMA”.“The CMA Section 273”.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 5 — Amendments  related to Part 3
Part 2 — Transfer of  functions under the 2002 Act to the CMA145
(4) In paragraph 4, in sub-paragraphs (2) and (3), for “OFT” (in each place where
it occurs) substitute “CMA”.
(5) In paragraph 5, in sub-paragraphs (1) and (6), for “OFT” (in each place where
it occurs) substitute “CMA”.
(6) In paragraph 7, in sub-paragraphs (8) and (9), for “Commission” (in each
place where it occurs) substitute “CMA”.
(7) In paragraph 8—
(a) in sub-paragraphs (7) and (8), fo r “Commission” (in each place where
it occurs) substitute “CMA”, and
(b) in sub-paragraph (11), fo r “OFT” substitute “CMA”.
(8) In paragraph 10, in sub-paragraphs (1) and (6), for “OFT” (in each place
where it occurs) substitute “CMA”.
(9) In paragraph 11, in sub-paragrap h (5), for “OFT” substitute “CMA”.
161 (1) Schedule 8 (provision that may be contained in certain enforcement orders)
is amended as follows.
(2) In paragraph 8, in sub-paragraph (3), for “Commission” substitute “CMA”.
(3) In paragraph 19, for “OFT” (in each pl ace where it occurs) substitute “CMA”.
(4) In paragraph 24 —
(a) omit paragraph (a), and
(b) in paragraph (b), for “Commission”  (in each place where it occurs)
substitute “CMA”.
162 In Schedule 10 (procedural requ irements for certain enforcement
undertakings and orders), in paragraph 2(1), for “the OFT, the Commission”substitute “the CMA”.
Part 4
163 (1) Section 131 (power to make market investigation references) is amended as
follows.
(2) In subsection (1), for the words befo re “has reasonable grounds” substitute
“The CMA may, subject to subsection (4),  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”.
(3) In the heading, for “OFT” substitute “CMA”.
164 (1) Section 132 (ministerial power to make market investigation references) is
amended as follows.
(2) In subsections (1) and (2),  for “OFT” (in each place where it occurs) substitute
“CMA”.
(3) In subsection (3), for “Commission” substitute “chair of the CMA for the
constitution of a group under Schedule  4 to the Enterprise and Regulatory
Reform Act 2013”.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 5 — Amendments related to Part 3
Part 2 — Transfer of function s under the 2002 Act to the CMA146
165 In section 133 (contents of references ), in subsection (2), for “Commission”
substitute “group constituted by the chair of the CMA in respect of the
reference”.
166 Before section 134 (but after the ita lic cross-heading immediately preceding
it) insert—
“133A Functions to be exercised by CMA groups
(1) Where a reference is made to th e chair of the CMA under section 131,
132 or 140A for the constitution of a group under Schedule 4 to theEnterprise and Regulatory Reform  Act 2013, the functions of the
CMA under or by virtue of the foll owing provisions of this Part in
relation to the matter concerned are to be carried out on behalf of the
CMA by the group so constituted—
(a) sections 134 to 138B, except for section 135(1);
(b) sections 140B to 145, 148, 148A and 151;
(c) sections 157 and 158;
(d) section 159;
(e) section 160, except for su bsection (6) of that section;
(f) section 161, except for subs ection (5) of that section;
(g) section 162(4), so far as relating to an enforcement
undertaking or enforcement or der made on behalf of the
CMA by the group;
(h) section 164(2)(b), so far as relating to an enforcement order
made on behalf of the CMA by the group;
(i) section 167, so far as relating to an enforcement undertaking
or enforcement order made on  behalf of the CMA by the
group;
(j) section 168;
(k) section 169, so far as relating to a decision mentioned in
paragraph (a)(iii) of the defini tion of relevant decision in
subsection (6) of that section;
(l) section 172, so far as relating to anything done on behalf of
the CMA by the group; 
(m) section 174, where the permit ted purpose in question relates
to a function that (by virtue of this section) is being or is to becarried out on behalf of  the CMA by the group;
(n) sections 174A to 174D, so far as relating to a notice given
under section 174 on behalf of the CMA by the group;
(o) section 179(5)(b), so  far as relating to a decision of the group;
(p) Schedule 10, so far as relating to an enforcement undertaking
or enforcement order which the group is considering
accepting or making, or whic h the group has accepted or
made, on behalf of the CMA.
(2) Nothing in subsection (1) preven ts the CMA Board from carrying out
a function of the CMA under or by virtue of the following provisions
of this Part where the group cons tituted as mentioned in subsection
(1) has ceased to exist—
(a) section 160 and Schedule 10, so far as relating to the making
of an order under section 160;Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 5 — Amendments  related to Part 3
Part 2 — Transfer of  functions under the 2002 Act to the CMA147
(b) sections 159 to 161 and Schedule 10, so far as relating to the
variation, supersession or  release of enforcement
undertakings or the variation or revocation of enforcement
orders;
(c) section 162(4);
(d) section 164(2)(b);
(e) section 167.”
167 (1) Section 134 (questions to be decided on market investigation references) is
amended as follows.
(2) In subsections (1), (4), (6) and (7), for “Commission” (in each place where it
occurs) substi tute “CMA”.
(3) In subsection (8)(b), for “Commission,  the Secretary of State or (as the case
may be) the OFT” substitute “CMA or (as the case may be) the Secretary ofState”.
168 (1) Section 135 (variation of references) is amended as follows.
(2) In subsection (1), fo r “OFT” substitute “CMA”.
(3) In subsection (2)—
(a) omit “OFT or (as the case may be) the”,
(b) for “Commission” substitute “CMA”, and
(c) after “reference” insert “made by him”.
(4) In subsection (3), for “C ommission” substitute “CMA”.
169 (1) Section 136 (investigations and reports on market investigation references)
is amended as follows.
(2) In subsections (1) to (3), for “Commi ssion” (in each plac e where it occurs)
substitute “CMA”.
(3) For subsection (4) substitute—
“(4) Where a reference has been made by the appropriate Minister under
section 132 the CMA shall, at the same time as the report under thissection is published, give it  to the appropriate Minister.”
(4) In subsection (5)—
(a) for “OFT” substi tute “CMA”, and
(b) for “Commission” substitute “CMA”.
(5) Omit subsection (6).
170 In section 137 (time-limits for mark et investigations and reports), in
subsections (1), (5) and (6), for “Commi ssion” (in each plac e where it occurs)
substitute “CMA”.
171 In section 138 (duty to remedy adverse effects), in subsections (1) to (6), for
“Commission” (in each place wher e it occurs) substitute “CMA”.
172 In section 139 (public interest interv ention by the Secretary of State), in
subsection (2), for “OFT” (in each pl ace where it occurs ) substitute “CMA”.
173 In section 140 (intervention notices under section 139(1)), in subsection (5),
for “Commission” (in ea ch place where it occurs) substitute “CMA”.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 5 — Amendments related to Part 3
Part 2 — Transfer of function s under the 2002 Act to the CMA148
174 In section 141 (questions to be decided) , in subsections (2) and (3) to (6), for
“Commission” (in each place wher e it occurs) substitute “CMA”.
175 (1) Section 142 (investigations and reports) is amended as follows.
(2) In subsections (2) and (3 ), for “Commission” (in each  place where it occurs)
substitute “CMA”.
(3) In the heading, for “Com mission” substitute “CMA”.
176 In section 143 (publication etc. of report s), in subsections (1), (3) and (4), for
“Commission” (in each place wher e it occurs) substitute “CMA”.
177 In section 144 (time-limits for investig ations and reports in public interest
cases), in subsections (1),  (4) and (5), for “Commiss ion” (in each place where
it occurs) substitute “CMA”.
178 In section 145 (restrictions where public interest considerations not
finalised), in subsections (1) to (5), for “Commission” (in each place where it
occurs) substi tute “CMA”.
179 In section 146 (decision of Secretary of State), in subsections (2) to (4), for
“Commission” (in each place wher e it occurs) substitute “CMA”.
180 In section 147 (remedial action by Secretary of State), in subsections (3) and
(4), for “Commission” (in each plac e where it occurs) substitute “CMA”.
181 (1) Section 148 (reversion of the matter) is amended as follows.
(2) In subsections (1),  (2), (6), (7) and (9), for “C ommission” (in each place where
it occurs) substitute “CMA”.
(3) In subsection (10), for “Com mission’s” substitute “CMA’s”.
182 In section 149 (intervention notices under section 139(2)), in subsections (1)
and (5), for “OFT” (in each place where it occurs) substitute “CMA”.
183 (1) Section 150 (power of veto of Secretary of State) is amended as follows.
(2) In subsections (1) and (3),  for “OFT” (in each place where it occurs) substitute
“CMA”.
(3) In subsection (4), for “OFT’s” substitute “CMA’s”.
184 (1) Section 151 (further interaction of  intervention notices with general
procedure) is amended as follows.
(2) In subsection (3), for “Commission” (i n each place where it occurs) substitute
“CMA”.
(3) In subsection (4), for “Commission”  (in the first place where it occurs)
substitute “CMA”.
(4) In subsection (5), for “Commission” (i n each place where it occurs) substitute
“CMA”.
185 (1) Section 152 (certain duties in relati on to providing information) is amended
as follows.
(2) In subsection (1), fo r “OFT” substitute “CMA”.
(3) In subsection (3)—Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 5 — Amendments  related to Part 3
Part 2 — Transfer of  functions under the 2002 Act to the CMA149
(a) for “OFT and the Commissio n” substitute “CMA”, and
(b) for “OFT or (as the case may be) the Commission” substitute “CMA”.
(4) In the heading, for “OFT an d Commission” substitute “CMA”.
186 In section 153 (specified considerations for purposes of Part 4), in
subsection (4)—
(a) for “OFT” substitute “CMA”,
(b) for “by the Secretary of State,” su bstitute “by the Secretary of State
or”, and
(c) omit “or by the Commission”.
187 In section 154 (undertakings in lieu of  market investigat ion references), in
subsections (1) to (7), for “OFT” (in each place where it occurs) substitute
“CMA”.
188 In section 155 (undertakings in lieu: procedural requirements), in
subsections (1) to (4) and (6) to (9), fo r “OFT” (in each place where it occurs)
substitute “CMA”.
189 In section 156 (effect of undertakings  under section 154), in subsections (1)
and (2), for “OFT” (in each place where it occurs) substitute “CMA”.
190 In section 159 (final undertakings: Part 4), in subsections (1), (5) and (6) for
“Commission” (in each place wher e it occurs) substitute “CMA”.
191 (1) Section 160 (order-making power where final undertakings not fulfilled:
Part 4) is amended as follows.
(2) In subsection (1)(b), for “the releva nt authority or the OFT” substitute “a
relevant person”.
(3) After subsection (1) insert—
“(1A) In subsection (1), a “relevant person” means—
(a) in a case where the relevant authority is the CMA, the CMA;
(b) in a case where the relevant authority is the Secretary of State,
the Secretary of State or the CMA.”
(4) In subsection (6), for the words from  the beginning to “O FT” substitute “The
Secretary of State shall not vary or re voke an order made by him under this
section unless the CMA”.
(5) In subsection (7), in paragraph (a), for “Commission” (in each place where it
occurs) substi tute “CMA”.
192 (1) Section 161 (final orders: Part 4) is amended as follows.
(2) In subsection (1), for “C ommission” substitute “CMA”.
(3) In subsection (5), for the words from  the beginning to “O FT” substitute “The
Secretary of State shall not vary or re voke an order made by him under this
section unless the CMA”.
193 For the italic cross-heading before section 162 substitute “Undertakings and
orders: monitoring, consultation and advice”.
194 (1) Section 162 (duty to monitor undertakings and orders: Part 4) is amended as
follows.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 5 — Amendments related to Part 3
Part 2 — Transfer of function s under the 2002 Act to the CMA150
(2) In subsections (1) and (2),  for “OFT” (in each place where it occurs) substitute
“CMA”.
(3) In subsection (3)—
(a) in the words before paragraph (a)—
(i) for “OFT” substi tute “CMA”, and
(ii)  omit “the Commission or (as the case may be)”,
(b) in paragraph (a)—
(i) omit “the Commission or (as the case may be)”, and
(ii) omit “it (or as the case may be)”, 
(c) in paragraphs (b) to (d), omit “t he Commission or (as the case may
be)” (in each place where it occurs), and
(d) in paragraph (e), for “167(6) to (8)” substitute “167(6) and (7)”.
(4) In subsection (4)—
(a) in the words before paragraph (a),  for “OFT” substitute “CMA”, and
(b) after paragraph (b) (but before  the “or” following it) insert—
“(ba) any possible variation or release by it of an
enforcement undertaking accepted by it;
(bb) any possible new enfo rcement undertaking to be
accepted by it so as to supersede another enforcementundertaking given to it;
(bc) any possible variation or revocation by it of an
enforcement order made by it;
(bd) any possible enforcement undertaking to be accepted
by it instead of an enforcement order or any possibleenforcement order to be made by it instead of anenforcement undertaking;”.
(5) In subsections (5) and (6),  for “OFT” (in each place where it occurs) substitute
“CMA”.
(6) In subsection (7)—
(a) in the words before paragraph (a), for “OFT” substitute “CMA”, 
(b) omit paragraph (a), and
(c) in paragraph (b), for “the report” substitute “any report prepared by
it under subsection (6)”.
(7) In the heading, for “OFT” substitute “CMA”.
195 (1) Section 163 (further role in relation to undertakings and orders: Part 4) is
amended as follows.
(2) In subsection (1)—
(a) omit “the Commission or”, and
(b) omit “(in this section “the relevant authority”)”.
(3) In subsection (2)—
(a) for “relevant authority” (in each place where it occurs) substitute
“Secretary of State”, and
(b) for “OFT” substitute “CMA”.
(4) In subsection (3)—Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 5 — Amendments  related to Part 3
Part 2 — Transfer of  functions under the 2002 Act to the CMA151
(a) for “relevant authority” (in each place where it occurs) substitute
“Secretary of State”, 
(b) for “OFT” substi tute “CMA”, and
(c) for “OFT’s” substitute “CMA’s”.
(5) In subsection (4)—
(a) for “OFT” substi tute “CMA”, and
(b) for “relevant authority” substitute “Secretary of State”.
(6) In subsection (5)—
(a) for “relevant authority” (in each place where it occurs) substitute
“Secretary of State”, and
(b) omit “itself”.
(7) In subsection (6)—
(a) for “relevant authority” substitute “Secretary of State”, and
(b) for “OFT” substitute “CMA”.
(8) For the heading substitute “Role of CMA in relation to undertakings and
orders in public interest cases: Part 4”.
196 (1) Section 166 (register of undertakin gs and orders: Part 4) is amended as
follows.
(2) In subsections (1) and (2),  for “OFT” (in each place where it occurs) substitute
“CMA”.
(3) In subsection (3)—
(a) in the words before paragraph (a), for “OFT” substitute “CMA”,
(b) in paragraph (a), omit “(whethe r by the Commission, the Secretary
of State or a relevant sectoral regulator)”, and
(c) in paragraph (b), omit “(whethe r by the Commission, the Secretary
of State or a relevant sectoral regulator)”.
(4) In subsection (4), fo r “OFT” substitute “CMA”.
(5) In subsection (5)—
(a) omit “Commission, the”, and
(b) for “OFT” substitute “CMA”.
(6) In subsections (6) and (7),  for “OFT” (in each place where it occurs) substitute
“CMA”.
197 (1) Section 167 (rights to enforce unde rtakings and orders under this Part) is
amended as follows.
(2) In subsection (6), fo r “OFT” substitute “CMA”.
(3) In subsection (7)—
(a) after “accepted” insert “by the Secretary of State”, 
(b) after “an order” insert “made by the Secretary of State”, and
(c) for “relevant authority” substitute “Secretary of State”.
(4) Omit subsection (8).
(5) In subsection (9), for “(6) to  (8)” substitute “(6) and (7)”.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 5 — Amendments related to Part 3
Part 2 — Transfer of function s under the 2002 Act to the CMA152
198 In section 168 (regulated markets), in subsections (1), (2),  (6) and (7), for
“Commission” (in each place wher e it occurs) substitute “CMA”.
199 In section 169 (certain duties of relevant authorities to consult: Part 4), in
subsection (6)—
(a) in the definition of “relevant au thority”, for “OFT, the appropriate
Minister or the Commission” su bstitute “CMA, the appropriate
Minister”,
(b) in the definition of “relevant de cision”, in paragraph (a), in the
opening words, for “OFT” (in each place where it occurs) substitute
“CMA”,
(c) also in that paragraph of that definition, after sub-paragraph (ii)
insert “; or—
(iii) on the questions mentioned in section 134, 141
or 141A; and”, and
(d) also in that definition, omit paragraph (c) and the word “and”
preceding it.
200 (1) Section 170 (general information duties) is amended as follows.
(2) Omit subsections (1) and (2).(3) In subsection (3)—
(a) in the words before paragraph (a ), for “OFT and the Commission”
substitute “CMA”,
(b) in paragraph (a), for “their poss ession” substitute “its possession”,
and
(c) in paragraph (b), for “OFT (or as  the case may be) the Commission”
substitute “CMA”.
(4) In subsection (4), for “OFT” (in ea ch place where it occurs) substitute
“CMA”.
(5) In subsection (5), omit the words fr om the beginning to “and the Secretary
of State” and insert “T he Secretary of State”.
201 (1) Section 171 (advice and information: Part 4) is amended as follows.
(2) In subsection (1)—
(a) omit “As soon as reasonably pr acticable after the passing of this
Act,”,
(b) for “the OFT” substitute “The CMA”, and
(c) for “the making of references by  it under section 131” substitute “—
(a) the making and consideration by it of market
investigation references, and
(b) the way in which releva nt customer benefits may
affect the taking of enforc ement action in relation to
such references.”
(3) In subsection (2), fo r “OFT” substitute “CMA”.
(4) Omit subsections (3) and (4).
(5) In subsection (5)(b), for “OFT or (as the case may be) the Commission”
substitute “CMA”.
(6) In subsection (6)—Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 5 — Amendments  related to Part 3
Part 2 — Transfer of  functions under the 2002 Act to the CMA153
(a) omit “or (3)”, and
(b) for “OFT or (as the case may be) the Commission” substitute “CMA”.
(7) In subsection (7)—
(a) omit “or (3)”, and
(b) for “OFT or (as the case may be) the Commission” substitute “CMA”.
(8) In subsection (8)—
(a) for “OFT or the Commi ssion” substitute “CMA”, and
(b) for “OFT or (as the case may be) the Commission” substitute “CMA”.
(9) In subsection (9), for “OFT shall consult the Commission and such other
persons” substitute “CMA sh all consult such persons”.
(10) Omit subsection (10).
202 (1) Section 172 (further publicity requir ements: Part 4) is amended as follows.
(2) In subsection (1), fo r “OFT” substitute “CMA”.
(3) In subsection (2), fo r “Commission shall” subs titute “CMA shall also”.
(4) In subsection (10), for “Com mission’s” substitute “CMA’s”.
203 In section 173 (defamation)—
(a) for “OFT” substitute “CMA”, 
(b) for “by the Secretary of State,” su bstitute “by the Secretary of State
or”, and
(c) omit “or by the Commission”.
204 In section 174 (investigatory powers), in subsections (3) to  (5), for “OFT” (in
each place where it occurs) substitute “CMA”.
205 In section 177 (excisions from reports: Part 4), in subsections (1), (4) and (5),
for “Commission” (in ea ch place where it occurs) substitute “CMA”.
206 (1) Section 178 (minority reports: Part 4) is amended as follows.
(2) In subsection (1)—
(a) omit “in pursuance of paragraph 15 of Schedule 7 to the Competition
Act 1998 (c. 41)”, and
(b) for “Commission” (in each place where it occurs) substitute “CMA”.
(3) In the heading, for “Com mission” substitute “CMA”.
207 In section 179 (review of decisions under Part 4), in subsection (1)—
(a) for “OFT” substi tute “CMA”, and
(b) for “, the Secretary of State or  the Commission” substitute “or the
Secretary of State”.
208 In section 183 (interpretation of Part 4), in subsection (3), for “Commission”
(in each place where it occurs) substitute “CMA”.
209 (1) Section 184 (index of defined expressions: Part 4) is amended as follows.
(2) At the appropriate plac e in the table insert—Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 5 — Amendments related to Part 3
Part 2 — Transfer of function s under the 2002 Act to the CMA154
(3) Omit the entries in the table fo r “The Commission” and “The OFT”.
(4) In the first column of the entry in th e table for “Reports of the Commission”,
for “Commission” substitute “CMA”.
Part 6
210 In section 190 (cartel offence: prosecut ion), in subsections (2)(b) and (4), for
“OFT” substitute “CMA”. 
211 In section 192 (investigation of cartel offences), in subsections (1) and (2), for
“OFT” (in each place where it  occurs) substitute “CMA”.
212 In section 193 (powers when conducting  an investigation), in subsections (1)
to (4), for “OFT” (in each place where it occurs) substitute “CMA”.
213 In section 194 (power to enter premis es under a warrant), in subsections (1)
and (2), for “OFT” (in each place where it occurs) substitute “CMA”.
214 In section 195 (exercise of powers by authorised person), in subsection (1),
for “OFT” (in both places wher e it occurs) substitute “CMA”.
215 In section 196 (privilege d information etc), in subsection (2)(b), for “OFT”
substitute “CMA”.
216 In section 201 (offences),  in subsection (4)(a), fo r “OFT” substitute “CMA”.
Part 11
217 (1) Section 273 (interpretation) is amended as follows.
(2) For the definition of “t he Commission” substitute—
““the CMA” means the Competition and Markets Authority;”.
(3) Omit the definiti on of “the OFT”.
PART 3
ABOLITION  OF THE COMPETITION  COMMISSION
Amendments of the 1998 Act
218 The 1998 Act is amended as follows.
219 In the heading of Chapter 4 of Part 1, omit “The Competition Commission
and”.
220 Omit section 45 (establishment of Competition Commission) and the cross-
heading preceding it.
221 In section 59 (interpretation of Part 1) , in subsection (1), in the definition of
“the Commission”, omit “(except in relation to the Competition
Commission)”.
222 Omit Schedule 7 (Competition Commission).“The CMA Section 273”.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 5 — Amendments  related to Part 3
Part 3 — Abolition of the Competition Commission155
223 Omit Schedule 7A (Competition Comm ission: procedural rules for mergers
and markets refinances).
Amendments of the 2002 Act
224 The 2002 Act is amended as follows.
225 Omit sections 185 to 187 (the Competition Commission).
226 In Schedule 3 (the Competition Service), omit Part 2 (transfers of property
etc between the Competition Commissi on and the Competition Service).
227 Omit Schedule 11 (the Competition Commission).
228 Omit Schedule 12 (Competition Co mmission: certain procedural rules). 
PART 4
ABOLITION  OF THE OFFICE  OF FAIR TRADING
229 Omit sections 1 to 4 of, and Schedule 1 to, the 2002 Act (which make
provision about the establishment of th e Office of Fair Trading), and the
italic cross-heading preceding section 1.
SCHEDULE 6 Section 26(4)
REGULATORY  APPEALS  ETC: MINOR  AND  CONSEQUENTIAL  AMENDMENTS
PART 1
AMENDMENTS  TO ACTS
Competition Act 1980 (c. 21)
1 The Competition Act 1980 is amended as follows.
2 (1) Section 11 (reference of public bo dies and certain other persons to the
Commission) is amended as follows.
(2) In subsections (1), (5),  (6), (8) and (10), for “C ommission” (in each place
where it occurs) su bstitute “CMA” .
(3) After subsecti on (10) insert—
“(10A) The functions of the CMA with respect to a reference under this
section (including functions unde r sections 109 to 115 of the
Enterprise Act 2002, as applied by section 11B) are to be carried outon behalf of the CMA by a group constituted for the purpose by the
chair of the CMA under Schedule 4 to the Enterprise and Regulatory
Reform Act 2013.”
(4) In the heading, for “Com mission” substitute “CMA”.
3 In section 11A (references under sectio n 11: time-limits), in subsections (2)
and (3), for “Commission” (in each pl ace where it occurs) substitute “CMA”.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 6 — Regulatory appeals etc:  minor and consequential amendments
Part 1 — Amendments to Acts156
4 (1) Section 11C (references under sectio n 11: further supplementary provisions)
is amended as follows.
(2) In subsection (1), for the words from “the words” to the end, substitute “—
(a) the words “, OFCOM or the Secretary of State” were omitted,
and
(b) for the words “their function s” there were substituted “its
functions”.”
(3) In subsection (3)—
(a) for “Commission” substitute “CMA”, and
(b) for the words from “in connection with” to the end, substitute “by the
chair of the CMA for the purpose of carrying out the functions of the
CMA with respect to the reference”.
5 In section 12 (orders following report un der section 11), in  subsections (1) to
(3) and (5), for “Commiss ion” (in each place where it occurs) substitute
“CMA”.
6 In section 16 (general provisions as to reports), in subsection (2), for
“Commission” su bstitute “CMA”.
7 In section 17 (laying before Parlia ment and publication of reports), in
subsection (6), for “Commission” substitute “CMA”.
8 In section 33 (short title, interpretati on, etc), in subsecti on (2), for ““the
Commission”” substitute ““the CMA””.
Solicitors (Scotland) Act 1980 (c. 46)
9 The Solicitors (Scotland) Act 1980 is amended as follows.
10 In section 25A (rights of audience in the Court of Session etc), in subsections
(9) and (11), for “Director” (in each pl ace where it occurs ) substitute “CMA”.
11 (1) Section 64A (advisory and supervis ory functions) is amended as follows.
(2) In subsections (1) and (2), for “Direc tor” (in each place where it occurs)
substitute “CMA”.
(3) In subsection (3)—
(a) for “Director has completed his consideration he” substitute “CMA
has completed its consideration, the CMA”, and
(b) for “he thinks” substitute “it thinks”.
(4) In subsection (4), for “The Director  may publish any advice given by him”
substitute “The CMA may publish advice given”.
(5) In subsection (5)—
(a) for “Director” substitute “CMA”, and
(b) for “Director’s” substitute “CMA’s”.
(6) In subsection (6), for “D irector” substitute “CMA”.
(7) In the heading, for “Director Ge neral of Fair Trading” substitute
“Competition and Markets Authority”.
12 (1) Section 64C (investigatory powers) is amended as follows.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 6 — Regulatory appeals etc:  minor and consequential amendments
Part 1 — Amendments to Acts157
(2) In subsection (1)—
(a) for “Director” substitute “CMA”, and
(b) for “him” (in each place where it occurs) substitute “the CMA”.
(3) After subsection (2) insert—
“(2A) A notice under this section may be issued on the CMA’s behalf by
any member of the CMA Board.”
(4) In the heading, for “Director” su bstitute “Competition and Markets
Authority”.
13 In section 64CA (enforcement of notices under section 64C), in subsections
(1) and (2), for “Office of Fair Trad ing” (in each place where it occurs)
substitute “CMA”.
14 (1) In section 65 (interpret ation), in subsection (1)—
(a) before the definition of “the Council” insert—
““the CMA” means the Competition and Markets
Authority;
“the CMA Board” has the sa me meaning as in Schedule
4 to the Enterprise and Regulatory Reform Act 2013;”,and
(b) omit the definition of “the Director”.
Gas Act 1986 (c. 44)
15 The Gas Act 1986 is amended as follows.
16 (1) Section 23B (appeals) is amended as follows.
(2) In subsection (1), for “Competi tion Commission (“the Commission”)”
substitute “CMA”.
(3) In subsections (3) and (4 ), for “Commission” (in each  place where it occurs)
substitute “CMA”.
(4) In the heading, for “Competiti on Commission” substitute “CMA”.
17 (1) Section 23C (procedure on appeal) is amended as follows.
(2) Omit subsection (1).(3) In subsection (2), omit “Instead,”.
(4) After subsection (2) insert—
“(2A) Except where specified otherwis e in Schedule 4A, the functions of
the CMA with respect to an appe al under section 23B are to be
carried out on behalf of the CMA by a group constituted for thepurpose by the chair of the CMA un der Schedule 4 to the Enterprise
and Regulatory Reform Act 2013.”
(5) In the heading, for “Com mission” substitute “CMA”.
18 (1) Section 23D (determination of  appeal) is amended as follows.
(2) In subsections (2) to (5), for “Commi ssion” (in each plac e where it occurs)
substitute “CMA”.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 6 — Regulatory appeals etc:  minor and consequential amendments
Part 1 — Amendments to Acts158
(3) In the heading, for “Com mission” substitute “CMA”.
19 (1) Section 23E (powers on allowing appeal) is amended as follows.
(2) In subsection (1), for “C ommission” substitute “CMA”.
(3) In subsection (2)—
(a) for “Commission” (in each place where it occurs) substitute “CMA”,
and
(b) for “Commission’s” substitute “CMA’s”.
(4) In subsection (3), for “Commission” (i n each place where it occurs) substitute
“CMA”.
(5) In subsection (7), for “Co mmission’s” substitute “CMA’s”.
(6) In the heading, for “Commi ssion’s” substitute “CMA’s”.
20 (1) Section 23F (time limit s for determination of appeal) is amended as follows.
(2) In subsections (1), (3) to (5) and (7),  for “Commission” (i n each place where
it occurs) substitute “CMA”.
(3) In the heading, for “Com mission” substitute “CMA”.
21 (1) Section 23G (supplementary provision about determination of appeal) is
amended as follows.
(2) In subsection (1), for “Commission” (i n each place where it occurs) substitute
“CMA”.
(3) In subsection (2)—
(a) for “Commission” substitute “CMA”, and
(b) for “Commission’s” (in each pl ace where it occurs) substitute
“CMA’s”.
(4) In subsection (3), for “C ommission” substitute “CMA”.
(5) In the heading, for “Com mission” substitute “CMA”.
22 In section 27 (modification by order under other enactments), in subsection
(1), for “Office of Fair  Trading, the Competition Commission” substitute
“CMA”.
23 (1) Section 41D (application by Authorit y for order including new activities) is
amended as follows.
(2) In subsection (3), for the words from  “shall” to the end, substitute “shall,
before making the application, make a reference under section 41E to theCMA”.
(3) In subsections (4) and (5 ), for “Commission” (in each  place where it occurs)
substitute “CMA”.
(4) After subsecti on (6), insert—
“(7) The functions of the CMA with respect to a reference under section
41E (including functions under sect ions 109 to 115 of the Enterprise
Act 2002, as applied by section 41EB) are to be carried out on behalfof the CMA by a group constituted for the purpose by the chair of theEnterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 6 — Regulatory appeals etc:  minor and consequential amendments
Part 1 — Amendments to Acts159
CMA under Schedule 4 to the Enterp rise and Regulatory Reform Act
2013.”
24 (1) Section 41E (reference s) is amended as follows.
(2) In subsection (1)—
(a) for “Competition Commissi on” substitute  “CMA”, and
(b) for “the Commission” substitute “the CMA”.
(3) In subsections (2), (3), (5) and (6), for “Commission” (in each place where it
occurs) substi tute “CMA”.
(4) In the heading, for “Competiti on Commission” substitute “CMA”.
25 In section 41EA (references under sectio n 41E: time limits), in subsections (2)
and (3), for “Competition Commission ” (in each place where it occurs)
substitute “CMA”.
26 In section 41EB (references under section 41E: application of the Enterprise
Act 2002), in subsection (4)—
(a) for “Competition Commissi on” substitute  “CMA”, and
(b) for the words from “the word s” to the end, substitute “—
(a) the words “, OFCOM or the Secretary of State” were
omitted; and
(b) for the words “their functions” there were substituted
“its functions”.”
27 (1) Section 41F (reports on re ferences) is amended as follows.
(2) In subsection (1), for “Competi tion Commission” substitute “CMA”.
(3) In subsections (2) and (3 ), for “Commission” (in each  place where it occurs)
substitute “CMA”.
(4) In subsection (3A)—
(a) for “Competition Commissi on” substitute  “CMA”, and
(b) for the words from “in connection with” to the end, substitute “by the
chair of the CMA for the purpose of carrying out the functions of the
CMA with respect to the reference”.
(5) In subsections (3B) to (4C), for “C ompetition Commissi on” (in each place
where it occurs) substitute “CMA”.
(6) In subsection (5), for “C ommission” substitute “CMA”.
28 In section 48 (interpretation of Part 1) , in subsection (1),  after the definition
of “calorific value” insert—
““the CMA” means the Competition and Markets Authority;”.
29 (1) Schedule 4A (procedure for appe als under section 23B) is amended as
follows.
(2) In paragraph 1—
(a) in sub-paragraphs (1) and (7), fo r “Commission” (in each place where
it occurs) substitute “CMA”,
(b) in sub-paragraph (8)—
(i) for “Commission’s” substitute “CMA’s”, and
(ii) for “Commission” substitute “CMA”,Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 6 — Regulatory appeals etc:  minor and consequential amendments
Part 1 — Amendments to Acts160
(c) in sub-paragraph (9)—
(i) for “deciding” substitute “the authorised member decides”,
and
(ii) for “the Commission must give the Authority” substitute “the
Authority must be given”,
(d) in sub-paragraph (10), for “Commission’s” substitute “CMA’s”,
(e) in sub-paragraph (12), for “the Commission must” substitute “an
authorised member of the CMA must”, and
(f) in sub-paragraph (13)—
(i) for “of the Commission” su bstitute “of the CMA”, and
(ii) for “as the Commission” su bstitute “as an authorised
member of the CMA”.
(3) In paragraph 2—
(a) in sub-paragraph (1), for “Commission” substitute “CMA”,
(b) in sub-paragraph (2)(b), for “the Commission has given the
Authority” substitute “the Authority has been given”,
(c) in sub-paragraph (3), for “C ommission’s” substitute “CMA’s”,
(d) in sub-paragraph (4), for “Commission” substitute “CMA”,
(e) in sub-paragraph (5)—
(i) for “Commission’s” substitute “CMA’s”, and
(ii) for “Commission” substitute “CMA”, and
(f) in sub-paragraph (6)—
(i) in paragraph (a), for “Commi ssion” substitu te “CMA”, and
(ii) in paragraph (b), for “the  Commission” substitute “an
authorised member of the CMA”.
(4) In paragraph 3, in sub-paragraphs (1) and (3), for “Commission” (in each
place where it occurs) substitute “CMA”.
(5) In paragraph 4—
(a) omit sub-paragraph (1),
(b) in sub-paragraph (2)—
(i) after “group” insert “constituted by the chair of the CMA
under Schedule 4 to the Ente rprise and Regulatory Reform
Act 2013 for the purpose of carrying out functions of the
CMA with respect to an appeal under section 23B”, and
(ii) for “Commission” substitute “CMA panel”,
(c) omit sub-paragraphs  (3) to (7), and
(d) in sub-paragraph (8), for “a group” substitute  “the group”.
(6) In paragraph 5, in sub-paragraph (1)—
(a) for “The group with the func tion of determining an appeal”
substitute “The CMA”, and
(b) for “determination of the appe al” substitute “determination of an
appeal”.
(7) In paragraph 6—
(a) in sub-paragraph (1), for “Com mission” (in each place where it
occurs) substi tute “CMA”,
(b) in sub-paragraph (4)—Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 6 — Regulatory appeals etc:  minor and consequential amendments
Part 1 — Amendments to Acts161
(i) for “The Commission may take copies” substitute “An
authorised member of the CMA may, for the purpose of the
exercise of the functions of th e CMA, make arrangements for
copies to be taken”, and
(ii) omit “to it”, and
(c) in sub-paragraph (5), in pa ragraph (a), for the words from
“Commission’s” to the end of pa ragraph (a), substitute “CMA’s
behalf by an authorised member of the CMA”.
(8) In paragraph 7—
(a) in sub-paragraph (2), for “Commission” substitute “CMA”,
(b) in sub-paragraph (5)(a), for “the Commission is not required”
substitute “there is no requirement”,
(c) in sub-paragraph (7), for “the Commission must pay that person”
substitute “an authorised member of the CMA must arrange for that
person to be paid”, and
(d) in sub-paragraph (8), for the word s from “Commission’s” to the end,
substitute “CMA’s behalf by an authorised member of the CMA”.
(9) In paragraph 8—
(a) in sub-paragraph (1), for “Commission” substitute “CMA”, and
(b) in sub-paragraph (4), for the word s from “Commission’s” to the end,
substitute “CMA’s behalf by an authorised member of the CMA”.
(10) In paragraph 9, for “C ommission” substitute “CMA”.
(11) In paragraph 10, in sub-paragraph (1), for “a member of the Commission”
substitute “an authorised member of the CMA”.
(12) In paragraph 11, in sub-paragraphs (1), (3) and (4), for “Commission” (in
each place where it occurs) substitute “CMA Board”.
(13) In paragraph 12, in sub-paragraphs (1) and (2), for “C ommission” (in each
place where it occurs) substitute “CMA”.
(14) In paragraph 13, in sub-paragraph (1)—
(a) for the definition of “authorised member of the Commission”
substitute—
““authorised member of the CMA”—
(a) in relation to a power exercisable in
connection with an appeal in respect of whicha group has been constituted by the chair ofthe CMA under Schedule 4 to the Enterpriseand Regulatory Reform Act 2013, means amember of that group who has been
authorised by the chair of the CMA to exercisethat power;
(b) in relation to a power exercisable in
connection with an application for permissionto bring an appeal, or otherwise in connection
with an appeal in respect of which a group hasnot been so constituted by the chair of theCMA, means—
(i) any member of the CMA Board who is
also a member of the CMA panel, orEnterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 6 — Regulatory appeals etc:  minor and consequential amendments
Part 1 — Amendments to Acts162
(ii) any member of the CMA panel
authorised by the Secretary of State(whether generally or specifically) toexercise the power in question.”,
(b) omit the definition of “the Chairman”,
(c) for the definition of “t he Commission” substitute—
““CMA Board” and “CMA panel” have the same
meaning as in Schedule 4 to the Enterprise andRegulatory Reform Act 2013;”, and
(d) omit the definition of a “group”.
Electricity Act 1989 (c. 29)
30 The Electricity Act 1989 is amended as follows.
31 (1) Section 11C (appeals) is amended as follows.
(2) In subsection (1), for “Competi tion Commission (“the Commission”)”
substitute “CMA”.
(3) In subsections (3) and (4 ), for “Commission” (in each  place where it occurs)
substitute “CMA”.
(4) In the heading, for “Competiti on Commission” substitute “CMA”.
32 (1) Section 11D (procedure on appeal) is amended as follows.
(2) Omit subsection (1).
(3) In subsection (2), omit “Instead,”.(4) After subsection (2) insert—
“(2A) Except where specified otherwis e in Schedule 5A, the functions of
the CMA with respect to an appeal under section 11C are to becarried out on behalf of the CMA by a group constituted for thepurpose by the chair of the CMA un der Schedule 4 to the Enterprise
and Regulatory Reform Act 2013.”
(5) In the heading, for “Com mission” substitute “CMA”.
33 (1) Section 11E (determination of  appeal) is amended as follows.
(2) In subsections (2) to (5), for “Commi ssion” (in each plac e where it occurs)
substitute “CMA”.
(3) In the heading, for “Com mission” substitute “CMA”.
34 (1) Section 11F (powers on allowing appeal) is amended as follows.
(2) In subsection (1), for “C ommission” substitute “CMA”.
(3) In subsection (2)—
(a) for “Commission” (in each place where it occurs) substitute “CMA”,
and
(b) for “Commission’s” substitute “CMA’s”.
(4) In subsection (3), for “Commission” (i n each place where it occurs) substitute
“CMA”.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 6 — Regulatory appeals etc:  minor and consequential amendments
Part 1 — Amendments to Acts163
(5) In subsection (7), for “Co mmission’s” substitute “CMA’s”.
(6) In the heading, for “Commi ssion’s” substitute “CMA’s”.
35 (1) Section 11G (time limits for determin ation of appeal) is amended as follows.
(2) In subsection (1), for “C ommission” substitute “CMA”.
(3) In subsections (3) to (5) and (7), fo r “Commission” (in each place where it
occurs) substi tute “CMA”.
(4) In the heading, for “Com mission” substitute “CMA”.
36 (1) Section 11H (supplementary provis ion about determination of appeal) is
amended as follows.
(2) In subsection (1), for “Commission” (i n each place where it occurs) substitute
“CMA”.
(3) In subsection (2)—
(a) for “Commission” substitute “CMA”, and
(b) for “Commission’s” (in each pl ace where it occurs) substitute
“CMA’s”.
(4) In subsection (3), for “C ommission” substitute “CMA”.
(5) In the heading, for “Com mission” substitute “CMA”. 
37 In section 15 (modification by order under other enactments), in subsection
(1) for “Office of Fair Trading, th e Competition Commission” substitute
“CMA”.
38 (1) Section 56B (application for order including new activities) is amended as
follows.
(2) In subsection (3), for the words from  “shall” to the end, substitute “shall,
before making the application, make a reference under section 56C to theCMA”.
(3) In subsections (4) and (5 ), for “Commission” (in each  place where it occurs)
substitute “CMA”.
(4) After subsecti on (6), insert—
“(7) The functions of the CMA with respect to a reference under section
56C (including functions under sections 109 to 115 of the EnterpriseAct 2002, as applied by section 56CB) are to be carried out on behalfof the CMA by a group constituted for the purpose by the chair of theCMA under Schedule 4 to the Enterp rise and Regulatory Reform Act
2013.”
39 (1) Section 56C (reference s) is amended as follows.
(2) In subsection (1)—
(a) for “Competition Commissi on” substitute  “CMA”, and
(b) for “the Commission” substitute “the CMA”.
(3) In subsections (2), (3), (5) and (6), for “Commission” (in each place where it
occurs) substi tute “CMA”.
(4) In the heading, for “Competiti on Commission” substitute “CMA”.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 6 — Regulatory appeals etc:  minor and consequential amendments
Part 1 — Amendments to Acts164
40 In section 56CA (references under sectio n 56C: time limits), in subsections (2)
and (3), for “Competition Commission ” (in each place where it occurs)
substitute “CMA”.
41 In section 56CB (references under sect ion 56C: application of Enterprise Act
2002), in subsection (4)—
(a) for “Competition Commissi on” substitute  “CMA”, and
(b) for the words from “the word s” to the end, substitute “—
(a) the words “, OFCOM or the Secretary of State” were
omitted; and
(b) for the words “their functions” there were substituted
“its functions”.”
42 (1) Section 56D (reports on re ferences) is amended as follows.
(2) In subsection (1), for “Competi tion Commission” substitute “CMA”.
(3) In subsections (2) and (3 ), for “Commission” (in each  place where it occurs)
substitute “CMA”.
(4) In subsection (3A)—
(a) for “Competition Commissi on” substitute  “CMA”, and
(b) for the words from “in connection with” to the end, substitute “by the
chair of the CMA for the purpose of carrying out the functions of the
CMA with respect to the reference”.
(5) In subsections (3B) to (4C), for “C ompetition Commissi on” (in each place
where it occurs) substitute “CMA”.
(6) In subsection (5), for “C ommission” substitute “CMA”.
43 In section 64 (interpretation etc of Part 1), in subsection (1), after the
definition of “authorised supplier” insert—
““the CMA” means the Competition and Markets Authority;”.
44 (1) Schedule 5A (procedure for appe als under section 11C) is amended as
follows.
(2) In paragraph 1—
(a) in sub-paragraphs (1) and (7), fo r “Commission” (in each place where
it occurs) substitute “CMA”,
(b) in sub-paragraph (8)—
(i) for “Commission’s” substitute “CMA’s”, and
(ii) for “Commission” substitute “CMA”,
(c) in sub-paragraph (9)—
(i) for “deciding” substitute “the authorised member decides”,
and
(ii) for “the Commission must give the Authority” substitute “the
Authority must be given”,
(d) in sub-paragraph (10), for “Commission’s” substitute “CMA’s”,
(e) in sub-paragraph (12), for “the Commission must” substitute “an
authorised member of the CMA must”, and
(f) in sub-paragraph (13)—
(i) for “of the Commission” su bstitute “of the CMA”, andEnterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 6 — Regulatory appeals etc:  minor and consequential amendments
Part 1 — Amendments to Acts165
(ii) for “as the Commission” su bstitute “as an authorised
member of the CMA”.
(3) In paragraph 2—
(a) in sub-paragraph (1) for “C ommission” substitute “CMA”,
(b) in sub-paragraph (2)(b), for “the Commission has given the
Authority” substitute “the Authority has been given”,
(c) in sub-paragraph (3), for “C ommission’s” substitute “CMA’s”,
(d) in sub-paragraph (4), for “Commission” substitute “CMA”,
(e) in sub-paragraph (5)—
(i) for “Commission’s” substitute “CMA’s”, and
(ii) for “Commission” substitute “CMA”, and
(f) in sub-paragraph (6)—
(i) in paragraph (a), for “Commi ssion” substitu te “CMA”, and
(ii) in paragraph (b), for “the  Commission” substitute “an
authorised member of the CMA”.
(4) In paragraph 3, in sub-paragraphs (1) and (3), for “Commission” (in each
place where it occurs) substitute “CMA”.
(5) In paragraph 4—
(a) omit sub-paragraph (1),
(b) in sub-paragraph (2)—
(i) after “group” insert “constituted by the chair of the CMA
under Schedule 4 to the Ente rprise and Regulatory Reform
Act 2013 for the purpose of carrying out functions of the
CMA with respect to an appeal under section 11C”, and
(ii) for “Commission” substitute “CMA panel”,
(c) omit sub-paragraphs  (3) to (7), and
(d) in sub-paragraph (8), for “a group” substitute  “the group”.
(6) In paragraph 5, in sub-paragraph (1)—
(a) for “The group with the func tion of determining an appeal”
substitute “The CMA”, and
(b) for “determination of the appe al” substitute “determination of an
appeal”.
(7) In paragraph 6—
(a) in sub-paragraph (1), for “Com mission” (in each place where it
occurs) substi tute “CMA”,
(b) in sub-paragraph (4)—
(i) for “The Commission may take copies” substitute “An
authorised member of the CMA may, for the purpose of the
exercise of the functions of th e CMA, make arrangements for
copies to be taken”, and
(ii) omit “to it”, and
(c) in sub-paragraph (5), in pa ragraph (a), for the words from
“Commission’s” to the end of pa ragraph (a), substitute “CMA’s
behalf by an authorised member of the CMA”.
(8) In paragraph 7—
(a) in sub-paragraph (2), for “Commission” substitute “CMA”,Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 6 — Regulatory appeals etc:  minor and consequential amendments
Part 1 — Amendments to Acts166
(b) in sub-paragraph (5)(a), for “the Commission is not required”
substitute “there is no requirement”,
(c) in sub-paragraph (7), for “the Commission must pay that person”
substitute “an authorised member of the CMA must arrange for that
person to be paid”, and
(d) in sub-paragraph (8), for the word s from “Commission’s” to the end,
substitute “CMA’s behalf by an authorised member of the CMA”.
(9) In paragraph 8—
(a) in sub-paragraph (1), for “Commission” substitute “CMA”, and
(b) in sub-paragraph (4), for the word s from “Commission’s” to the end,
substitute “CMA’s behalf by an authorised member of the CMA”.
(10) In paragraph 9, for “C ommission” substitute “CMA”.
(11) In paragraph 10, in sub-paragraph (1), for “a member of the Commission”
substitute “an authorised member of the CMA”.
(12) In paragraph 11, in sub-paragraphs (1), (3) and (4), for “Commission” (in
each place where it occurs) substitute “CMA Board”.
(13) In paragraph 12, in sub-paragraphs (1) and (2), for “C ommission” (in each
place where it occurs) substitute “CMA”.
(14) In paragraph 13, in sub-paragraph (1)—
(a) for the definition of “authorised member of the Commission”
substitute—
““authorised member of the CMA”—
(a) in relation to a power exercisable in
connection with an appeal in respect of whicha group has been constituted by the chair ofthe CMA under Schedule 4 to the Enterpriseand Regulatory Reform Act 2013, means amember of that group who has been
authorised by the chair of the CMA to exercisethat power;
(b) in relation to a power exercisable in
connection with an application for permissionto bring an appeal, or otherwise in connection
with an appeal in respect of which a group hasnot been so constituted by the chair of theCMA, means—
(i) any member of the CMA Board who is
also a member of the CMA panel, or
(ii) any member of the CMA panel
authorised by the Secretary of State(whether generally or specifically) toexercise the power in question.”,
(b) omit the definition of “the Chairman”,
(c) for the definition of “t he Commission” substitute—
““CMA Board” and “CMA panel” have the same
meaning as in Schedule 4 to the Enterprise andRegulatory Reform Act 2013;”, and
(d) omit the definition of a “group”.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 6 — Regulatory appeals etc:  minor and consequential amendments
Part 1 — Amendments to Acts167
Law Reform (Miscellaneous Provisio ns) (Scotland) Act 1990 (c. 40)
45 The Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 is amended
as follows.
46 In section 26 (consideration of applications made under section 25), in
subsection (3), for “Dir ector” substitute “CMA”.
47 In section 31 (rules of conduct), in subs ection (2), for “Direc tor” (in each place
where it occurs) substitute “CMA”.
48 (1) Section 40 (advisory and supervisor y functions of Director) is amended as
follows.
(2) In subsections (1) and (2), for “Direc tor” (in each place where it occurs)
substitute “CMA”.
(3) In subsection (3)—
(a) for “Director has completed his consideration he” substitute “CMA
has completed its consideration it”, and
(b) for “as he” substitute “as it”.
(4) In subsection (4), for “The Director  may publish any advice given by him”
substitute “The CMA may pu blish any advice given”.
(5) In subsection (5)—
(a) for “Director” substitute “CMA”, and
(b) for “Director’s” substitute “CMA’s”.
(6) In the heading, for “Dir ector” substitute “CMA”.
49 (1) Section 41 (investigatory powers  of Director) is amended as follows.
(2) In subsection (1)—
(a) for “Director” substitute “CMA”, and
(b) in paragraphs (a) and (b), for “h im” in each place substitute “the
CMA”.
(3) In the heading, for “Dir ector” substitute “CMA”.
50 In section 41A (enforcement of notices under section 41), in subsections (1)
and (2), for “Office of Fair Trading” (i n each place where it occurs) substitute
“CMA”.
51 In section 44 (interpretation of Part 2)—
(a) after the definition of “advocate” insert—
““the CMA” means the Competition and Markets
Authority;”, and
(b) omit the definition of “the OFT”.
Water Industry Act 1991 (c. 56)
52 The Water Industry Act 1991 is amended as follows.
53 (1) Section 12 (determinations under conditions of appointment) is amended as
follows.
(2) In subsection (2)—Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 6 — Regulatory appeals etc:  minor and consequential amendments
Part 1 — Amendments to Acts168
(a) for “Competition Commissi on” substitute  “CMA”, and
(b) for “the Commission” substitute “the CMA”.
(3) In subsection (3)—
(a) for “Competition Commissi on” substitute  “CMA”, and
(b) for “that Commission” (in each pl ace where it occurs) substitute “the
CMA”.
(4) In subsection (3A), for “Commissio n” (in each place where it occurs)
substitute “CMA”.
(5) In subsections (3B) and (3C), for “C ompetition Commission” (in each place
where it occurs) substitute “CMA”.
(6) After subsecti on (3C) insert—
“(3D) The functions of the CMA with respect to a reference under this
section are to be carried out on behalf of the CMA by a groupconstituted for the purpose by th e chair of the CMA under Schedule
4 to the Enterprise and Regulato ry Reform Act 2013 (including
functions relating to the making of modifications following a reporton a reference, and functions under sections 109 to 115 of theEnterprise Act 2002, as applied by subsection (3B) read with section
16B).”
54 (1) Section 14 (modification re ferences) is amended as follows.
(2) In subsection (1)—
(a) for “Competition Commissi on” substitute  “CMA”, and
(b) for “the Commission” substitute “the CMA”.
(3) In subsection (2)—
(a) for “Competition Commissi on” substitute  “CMA”, and
(b) for “the Commission” substitute “the CMA”.
(4) In subsection (3), for “Competi tion Commission” substitute “CMA”.
(5) In subsection (5)—
(a) for “Competition Commissi on” substitute  “CMA”, and
(b) for “the Commission” (in each pl ace where it occurs) substitute “the
CMA”.
(6) In subsection (6), for “Competi tion Commission” substitute “CMA”.
(7) After subsection (6) insert—
“(6A) The functions of the CMA with respect to a reference under this
section are to be carried out on behalf of the CMA by a groupconstituted for the purpose by th e chair of the CMA under Schedule
4 to the Enterprise and Regulato ry Reform Act 2013 (including
functions relating to the making of modifications following a reporton a reference, and functions under sections 109 to 115 of theEnterprise Act 2002, as applie d by sections 14B and 16B).”
(8) In the heading, for “Monopolies Commission” substitute “CMA”.
55 In section 14A (references under sectio n 14: time limits), in subsections (2)
and (3), for “Competition Commission ” (in each place where it occurs)
substitute “CMA”.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 6 — Regulatory appeals etc:  minor and consequential amendments
Part 1 — Amendments to Acts169
56 (1) Section 15 (reports on modificati on references) is amended as follows.
(2) In subsection (1), for “Competi tion Commission” substitute “CMA”.
(3) In subsection (1A)—
(a) for “Competition Commissi on” substitute  “CMA”, and
(b) for the words from “in connection  with the reference” to the end,
substitute “by the chair of the CM A for the purpose of carrying out
the functions of the CMA with respect to the reference”.
(4) In subsections (1B), (3) to (3C) and (4), for “Competition Commission” (in
each place where it occurs) substitute “CMA”.
57 In section 16 (modification following re port), in subsections (1) and (4A), for
“Competition Commission ” (in each place where it occurs) substitute
“CMA”.
58 (1) Section 16A (power of veto foll owing report) is amended as follows.
(2) In subsection (1), for the words from  the beginning to “the Commission”)”
substitute “The CMA”.
(3) In subsections (2) to (9), for “Commi ssion” (in each plac e where it occurs)
substitute “CMA”.
(4) Omit subsection (10).
(5) In the heading, for “Commi ssion’s” substitute “CMA’s”.
59 (1) Section 16B (power of veto follow ing report: supplemen tary) is amended as
follows.
(2) In subsections (2) to (4), (6) and (8),  for “Commission” (i n each place where
it occurs) substitute “CMA”.
(3) In the heading, for “Commi ssion’s” substitute “CMA’s”.
60 In section 17 (modification by order under other enactments), in subsection
(1), for “OFT, the Competition Commission” substitute “CMA”.
61 (1) Section 17K (water supply licences: modification references) is amended as
follows.
(2) In subsection (1)—
(a) for the words from “Competition Commission” to “the
Commission”)” substi tute “CMA”, and
(b) for “Commission to” substitute “CMA to”.
(3) In subsections (2) to (4), (6), (7) and (9), for “Commissi on” (in each place
where it occurs) substitute “CMA”.
(4) After subsection (9) insert—
“(10) The functions of the CMA with respect to a reference under this
section are to be carried out on behalf of the CMA by a groupconstituted for the purpose by th e chair of the CMA under Schedule
4 to the Enterprise and Regulato ry Reform Act 2013 (including
functions relating to the making of modifications following a reporton a reference, and functions under sections 109 to 115 of theEnterprise Act 2002, as applied by sections 17M and 17Q).”Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 6 — Regulatory appeals etc:  minor and consequential amendments
Part 1 — Amendments to Acts170
(5) In the heading, for “Competiti on Commission” substitute “CMA”.
62 In section 17L (references under section 17K: time limits), in subsections (2)
and (3), for “Commission” (in each pl ace where it occurs) substitute “CMA”.
63 (1) Section 17N (water supply licences : reports on modification references) is
amended as follows.
(2) In subsection (1), for “C ommission” substitute “CMA”.
(3) In subsection (2)—
(a) for “Commission” substitute CMA”, and
(b) for the words from “in connection with” to the end substitute “by the
chair of the CMA for the purpose of carrying out the functions of the
CMA with respect to the reference”.
(4) In subsections (3) to (7) and (9), fo r “Commission” (in each place where it
occurs) substi tute “CMA”.
64 In section 17O (water supply licences:  modification following report), in
subsections (1) and (6), for “Commissio n” (in each place where it occurs)
substitute “CMA”.
65 (1) Section 17P (water supply licences:  power of veto following report) is
amended as follows.
(2) In subsections (1) to (8) and (10) an d (11), for “Commissio n” (in each place
where it occurs) substitute “CMA”.
(3) In the heading, for “Commi ssion’s” substitute “CMA’s”.
66 (1) Section 17Q (section 17P: supplementary) is amended as follows.
(2) In subsections (2) to (4), (6) and (8),  for “Commission” (i n each place where
it occurs) substitute “CMA”.
67 In section 17R (water supply licences: modification by order under other
enactments), in subsection (1), for “OFT, the Commission” substitute
“CMA”.
68 In section 219 (general interp retation), in subsection (1)—
(a) after the definition of  “the Authority” insert—
““the CMA” means the Competition and Markets Authority”, and
(b) omit the definition of “the OFT”.
Railways Act 1993 (c. 43)
69 The Railways Act 1993 is amended as follows.
70 (1) Section 13 (modification re ferences) is amended as follows.
(2) In subsection (1)—
(a) for “Competition Commissi on” substitute  “CMA”, and
(b) for “the Commission” substitute “the CMA”.
(3) In subsection (2)—
(a) for “Competition Commissi on” substitute  “CMA”, and
(b) for “the Commission” substitute “the CMA”.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 6 — Regulatory appeals etc:  minor and consequential amendments
Part 1 — Amendments to Acts171
(4) In subsection (3), for “Competi tion Commission” substitute “CMA”.
(5) In subsection (5)—
(a) for “Competition Commissi on” substitute  “CMA”, and
(b) for “the Commission” substitute “the CMA”.
(6) In subsection (6)—
(a) for “Competition Commissi on” substitute  “CMA”, and
(b) for “the Commission” (in each pl ace where it occurs) substitute “the
CMA”.
(7) In subsection (7), for “Competi tion Commission” substitute “CMA”.
(8) After subsection (9) insert—
“(10) The functions of the CMA with respect to a reference under this
section are to be carried out on behalf of the CMA by a groupconstituted for the purpose by th e chair of the CMA under Schedule
4 to the Enterprise and Regulato ry Reform Act 2013 (including
functions relating to the making of modifications following a reporton a reference, and functions under sections 109 to 115 of theEnterprise Act 2002, as applie d by sections 13B and 15C).”
(9) In the heading, for “Monopolies Commission” substitute “CMA”.
71 In section 13A (references under sectio n 13: time limits), in subsections (2)
and (3), for “Competition Commission ” (in each place where it occurs)
substitute “CMA”.
72 (1) In section 13B (application of Ente rprise Act 2002), in subsection (4)—
(a) for “Competition Commissi on” substitute  “CMA”, and
(b) for the words from “the word s” to the end, substitute “—
(a) the words “, OFCOM or the Secretary of State” were
omitted; and
(b) for the words “their functions” there were substituted
“its functions”.”
73 (1) Section 14 (reports on modificati on references) is amended as follows.
(2) In subsection (1), for “Competi tion Commission” substitute “CMA”.
(3) In subsection (1A)—
(a) for “Competition Commissi on” substitute  “CMA”, and
(b) for the words from “in connection with” to the end substitute “by the
chair of the CMA for the purpose of carrying out the functions of the
CMA with respect to the reference”.
(4) In subsections (1B), (3) to (3C) and (4), for “Competition Commission” (in
each place where it occurs) substitute “CMA”.
74 In section 15 (modification following report), in subsections (1), (4A), (4C)
and (4D), for “Competition Commission ” (in each place where it occurs)
substitute “CMA”.
75 (1) Section 15A (power to veto modifi cations following report) is amended as
follows.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 6 — Regulatory appeals etc:  minor and consequential amendments
Part 1 — Amendments to Acts172
(2) In subsections (1) to (5), for “Compe tition Commission” (i n each place where
it occurs) substitute “CMA”.
(3) In the heading, for “Competition  Commission’s” substitute “CMA’s”.
76 (1) Section 15B (making of modifi cations) is amended as follows.
(2) In subsections (1) to (5), for “Compe tition Commission” (i n each place where
it occurs) substitute “CMA”.
(3) In the heading, for “Competiti on Commission” substitute “CMA”.
77 (1) Section 15C (sections 15A and 15B: supplementary) is amended as follows.
(2) In subsections (2) to (2B) and (2D) , for “Competition Commission” (in each
place where it occurs) substitute “CMA”.
(3) In subsection (2F), for “Commissio n” (in each place where it occurs)
substitute “CMA”.
(4) In subsection (2G)—
(a) for “Competition Commissi on” substitute  “CMA”, and
(b) for the words from “the word s” to the end, substitute “—
(a) the words “, OFCOM or the Secretary of State” were
omitted; and
(b) for the words “their functions” there were substituted
“its functions”.”
(5) In subsections (3) and (4), for “Com petition Commission” (in each place
where it occurs) substitute “CMA”.
78 In section 16 (modification by order under other enactments), in subsection
(1), for “OFT, the Competition Commission” substitute “CMA”.
79 (1) Section 74 (annual and other reports) is amended as follows.
(2) In subsection (1)(b), for “Competiti on Commission’s” substitute “CMA’s”.
(3) Omit subsection (7).
80 In section 83 (interpretation of Part 1), in subsection (1)—
(a) before the definition of “c ross-border service” insert—
““the CMA” means the Competition and Markets Authority;”, and
(b) omit the definition of “the OFT”.
81 (1) Schedule 4A (review of access charge s by regulators) is amended as follows.
(2) In the italic cross-heading prec eding paragraph 8, for “Competition
Commission reference” substitute “reference to CMA”.
(3) In paragraph 8, in sub-paragraph (2)(b), for “Competition Commission”
substitute “CMA”.
(4) In the italic cross-heading prec eding paragraph 9, for “Competition
Commission” substitute “CMA”.
(5) In paragraph 9—
(a) in sub-paragraphs (1), (3) to (5),  and (6A) to (9), for “Competition
Commission” (in each place where it  occurs) substitu te “CMA”, andEnterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 6 — Regulatory appeals etc:  minor and consequential amendments
Part 1 — Amendments to Acts173
(b) after sub-paragraph (9), insert—
 “(10) The functions of the CMA wi th respect to a reference under
this paragraph are to be carried out on behalf of the CMAby a group constituted for the purpose by the chair of the
CMA under Schedule 4 to th e Enterprise and Regulatory
Reform Act 2013 (including functions relating to the
making of changes following a report on a reference, andfunctions under sections 109 to 115 of the Enterprise Act
2002, as applied by paragraphs 10A and 15).”
(6) In paragraph 10A, in sub-paragraph (4)—
(a) for “Competition Commissi on” substitute  “CMA”, and
(b) for the words from “the word s” to the end, substitute “—
(a) the words “, OFCOM or the Secretary of State” were
omitted; and
(b) for the words “their functions” there were substituted
“its functions”.”
(7) In paragraph 11—
(a) in sub-paragraph (1), for “Competition Commission” substitute
“CMA”,
(b) in sub-paragraph (4A)—
(i) for “Competition Commissi on” substitute “CMA”, and
(ii) for the words from “in connec tion with” to the end substitute
“by the chair of the CMA for th e purpose of carrying out the
functions of the CMA with respect to the reference”, and
(c) in sub-paragraphs (4B) to (5C) and (6), for “Competition
Commission” (in each place wher e it occurs) substitute “CMA”.
(8) In paragraph 12, in sub-paragraphs  (1), (4B), (5), (8) and (9), for
“Competition Commissio n” substitute “CMA”.
(9) In the italic cross-heading prec eding paragraph 13, for “Competition
Commission’s” substitute “CMA’s”.
(10) In paragraph 13, in sub-paragraphs (1 ) to (5), for “Compe tition Commission”
(in each place where it occurs) substitute “CMA”.
(11) In the italic cross-heading prec eding paragraph 14, for “Competition
Commission” substitute “CMA”.
(12) In paragraph 14, in sub-paragrap hs (1) to (3) and (5) and (6), for
“Competition Commission ” (in each place where it occurs) substitute
“CMA”.
(13) In paragraph 15—
(a) in sub-paragraphs (2) to (2 B) and (2D), for “Competition
Commission” (in each place wher e it occurs) substitute “CMA”,
(b) in sub-paragraph (2F), for “Com mission” (in each place where it
occurs) substi tute “CMA”,
(c) in sub-paragraph (2G)—
(i) for “Competition Commissi on” substitute “CMA”, and
(ii) for the words from “the words” to the end, substitute “—
(a) the words “, OFCOM or the Secretary of State” were
omitted; andEnterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 6 — Regulatory appeals etc:  minor and consequential amendments
Part 1 — Amendments to Acts174
(b) for the words “their functions” there were substituted
“its functions”.”, and
(d) in sub-paragraphs (3 ) and (4), for “Competition Commission” (in
each place where it oc curs) substitute “CMA”.
Utilities Act 2000 (c. 27)
82 The Utilities Act 2000 is amended as follows.
83 (1) Section 5 (annual and other reports of Authority) is amended as follows.
(2) In subsection (1)(b), for “Competiti on Commission” substitute “Competition
and Markets Authority”.
(3) Omit subsection (9).
84 Section 104 (specialist members of th e Competition Commission) is omitted.
Transport Act 2000 (c. 38)
85 The Transport Act 2000 is amended as follows.
86 (1) Section 12 (references) is amended as follows.
(2) In subsection (1)—
(a) for “Competition Commission”  substitute “Competition and
Markets Authority (referred to in this Chapter as “the CMA”)”, and
(b) for “the Commission” substitute “the CMA”.
(3) In subsections (2), (3) an d (5) to (8), for “Commiss ion” (in each place where
it occurs) substitute “CMA”.
(4) After subsection (8) insert—
“(8A) The functions of the CMA with respect to a reference under this
section are to be carried out on behalf of the CMA by a groupconstituted for the purpose by th e chair of the CMA under Schedule
4 to the Enterprise and Regulato ry Reform Act 2013 (including
functions relating to the making of modifications following a reporton a reference, and functions under sections 109 to 115 of theEnterprise Act 2002, as appl ied by sections 12B and 18).”
(5) In the heading, for “Competition Commission” substitute “Competition and
Markets Authority”.
87 In section 12A (references under sectio n 12: time limits), in subsections (2)
and (3), for “Competition Commission ” (in each place where it occurs)
substitute “CMA”.
88 In section 12B (reference s under section 12: application of Enterprise Act
2002), in subsection (4)—
(a) for “Competition Commissi on” substitute  “CMA”, and
(b) for the words from “the word s” to the end, substitute “—
(a) the words “, OFCOM or the Secretary of State” were
omitted; and
(b) for the words “their functions” there were substituted
“its functions”.”Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 6 — Regulatory appeals etc:  minor and consequential amendments
Part 1 — Amendments to Acts175
89 (1) Section 13 (reports on re ferences) is amen ded as follows.
(2) In subsection (1), for “Competi tion Commission” substitute “CMA”.
(3) In subsection (1A)—
(a) for “Competition Commissi on” substitute  “CMA”, and
(b) for the words from “in connection with” to the end, substitute “by the
chair of the CMA for the purpose of carrying out the functions of the
CMA with respect to the reference.”.
(4) In subsections (1B) to (2C), for “C ompetition Commissi on” (in each place
where it occurs) substitute “CMA”.
(5) In subsection (3), for “C ommission” substitute “CMA”.
90 (1) Section 14 (modification follow ing report) is amended as follows.
(2) In subsection (1), for “Competi tion Commission” substitute “CMA”.
(3) In subsection (5), for “Commission” (i n each place where it occurs) substitute
“CMA”.
91 (1) Section 15 (power to give direction) is amended as follows.
(2) In subsection (1), for “Competi tion Commission” substitute “CMA”.
(3) In subsection (2), for “C ommission” substitute “CMA”.
(4) In subsection (3)—
(a) for “Commission” substitute “CMA”, and
(b) for “Commission’s” substitute “CMA’s”.
(5) In subsections (4), (9) and (10), fo r “Commission” (in each place where it
occurs) substi tute “CMA”.
(6) In the heading, for “Commi ssion’s” substitute “CMA’s”.
92 (1) Section 16 (position where direction given) is amended as follows.
(2) In subsection (1), for “Competi tion Commission” substitute “CMA”.
(3) In subsection (2)—
(a) for “Commission” substitute “CMA”, and
(b) for “Commission’s” substitute “CMA’s”.
(4) In subsection (3)—
(a) for “Commission” substitute “CMA”, and
(b) for “Commission’s” substitute “CMA’s”.
(5) In subsections (4) to (6), for “Commi ssion” (in each plac e where it occurs)
substitute “CMA”.
(6) In the heading, for “Com mission” substitute “CMA”.
93 (1) Section 17 (duty as to modification s under section 16) is amended as follows.
(2) In subsection (1), for “Competi tion Commission” substitute “CMA”.
(3) In subsections (2) and (4) to (6), fo r “Commission” (in each place where it
occurs) substi tute “CMA”.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 6 — Regulatory appeals etc:  minor and consequential amendments
Part 1 — Amendments to Acts176
(4) In the heading, for “Commi ssion’s” substitute “CMA’s”.
94 (1) Section 18 (sections 15 and 16: general) is amended as follows.
(2) In subsections (2) to (4) and (6), for “Competition Co mmission” (in each
place where it occurs) substitute “CMA”.
(3) In subsection (8), for “Commission” (i n each place where it occurs) substitute
“CMA”.
(4) In subsection (9)—
(a) for “Competition Commissi on” substitute  “CMA”, and
(b) for the words from “the word s” to the end, substitute “—
(a) the words “, OFCOM or the Secretary of State” were
omitted; and
(b) for the words “their functions” there were substituted
“its functions”.”
95 In section 19 (modification by order under other enactments), in subsection
(1), for “Office of Fair  Trading, the Competition Commission” substitute
“CMA”.
96 (1) Schedule 10 (competition test: functi ons and agreements relating to buses) is
amended as follows.
(2) In the italic cross-heading preceding paragraph 5, for “OFT” substitute
“CMA”.
(3) In paragraph 5—
(a) for “Office of Fair Trading” su bstitute “Competition and Markets
Authority”, and
(b) for “OFT”” substitute “CMA””.
(4) In paragraphs 6, 7, 9, 10 and 12 to 14, for “OFT” (in each place where it
occurs) substi tute “CMA”.
(5) In paragraph 14A, in sub-paragraphs (2) to (6), for “OFT” (in each place
where it occurs) su bstitute “CMA”. 
(6) In paragraphs 15 and 16, for “OFT” (i n each place where it occurs) substitute
“CMA”.
Communications Act 2003 (c. 21)
97 The Communications Act 2003 is amended as follows.
98 (1) Section 193 (reference of price control matters) is amended as follows.
(2) In subsection (1), for “Competi tion Commission” substitute “CMA”.
(3) In subsection (2)—
(a) for “Competition Comm ission” substi tute “CMA”,
(b) for “the Commission is to determine that matter” substitute “the
determination of the matter is to be carried out on behalf of the CMAby a group constituted for the pu rpose by the chair of the CMA
under Schedule 4 to the Enterprise and Regulatory Reform Act 2013,and is to be performed”,
(c) in paragraph (b), for “them”  substitute “the CMA”, andEnterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 6 — Regulatory appeals etc:  minor and consequential amendments
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(d) in paragraph (c), for “Commission” substitute “CMA”.
(4) In subsection (3)—
(a) for “Competition Commissi on” substitute  “CMA”, and
(b) for “that Commission” substitute “the CMA”.
(5) In subsection (4), for “Competi tion Commission” substitute “CMA”.
(6) In subsection (6)—
(a) for “Competition Commissi on” substitute  “CMA”, and
(b) for “that Commission” substitute “the CMA”.
(7) In subsections (7) and (8), for “Com petition Commission” (in each place
where it occurs) substitute “CMA”.
(8) In the heading, for “Competiti on Commission” substitute “CMA”.
99 Section 194 (composition of Compet ition Commission for price control
references) is omitted.
100 In section 197 (interpretation of Chapter 3), before the definition of “network
access” insert—
““the CMA” means the Competition and Markets Authority;”.
Energy Act 2004 (c. 20)
101 The Energy Act 2004 is amended as follows.
102 (1) Section 173 (appeals) is amended as follows.
(2) In subsection (1)—
(a) omit “shall lie to the Competition Commission”, and
(b) after “applies” insert “shall lie to the Competition and Markets
Authority (in this Chapter referred to as “the CMA”)”.
(3) In subsections (4) and (5), for “Com petition Commission” (in each place
where it occurs) substitute “CMA”.
(4) In the heading, for “Competiti on Commission” substitute “CMA”.
103 (1) Section 174 (procedure on appeals) is amended as follows.
(2) Omit subsection (1).(3) In subsection (2), omit “Instead,”.
(4) After subsection (2) insert—
“(2A) Except where specified otherwise in  Schedule 22, the functions of the
CMA with respect to appeals under section 173 are to be carried outon behalf of the CMA by a group constituted for the purpose by the
chair of the CMA under Schedule 4 to the Enterprise and Regulatory
Reform Act 2013.”
104 (1) Section 175 (determination of appeals) is amended as follows.
(2) In subsections (2) to (6), for “Compe tition Commission” (i n each place where
it occurs) substitute “CMA”.
(3) In subsection (9)—Enterprise and Regulatory Reform Act 2013 (c. 24)
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Part 1 — Amendments to Acts178
(a) for “Competition Commissi on” substitute  “CMA”, and
(b) for “the Commission” (in each pl ace where it occurs) substitute “the
CMA”.
(4) In subsection (10), for “Competi tion Commission” substitute “CMA”.
105 Section 176 is omitted.106 Section 177 is omitted.
107 (1) Schedule 22 (procedure for appeals under section 173) is amended as
follows.
(2) In paragraph 1—
(a) in sub-paragraph (1), for “Commission” substitute “CMA”,
(b) in sub-paragraph (8), for “C ommission’s” substitute “CMA’s”,
(c) in sub-paragraph (9)—
(i) for “Commission’s” substitute “CMA’s”, and
(ii) for “Commission” substitute “CMA”, and
(d) in sub-paragraph (12), for “the Commission must” substitute “an
authorised member of the CMA must”.
(3) In paragraph 2, in sub-paragraphs (1),  (2), (5) and (6), for “Commission” (in
each place where it occurs) substitute “CMA”.
(4) In paragraph 3, in sub-paragraphs (1) and (5), for “Commission” (in each
place where it occurs) substitute “CMA”.
(5) In paragraph 4, in sub-paragraph (1), for “Commission” substitute “CMA”.
(6) In paragraph 5—
(a) omit sub-paragraph (1),
(b) in sub-paragraph (2)—
(i) after “group”, insert “const ituted by the chair of the CMA
under Schedule 4 to the Ente rprise and Regulatory Reform
Act 2013 for the purpose of carrying out functions of the
CMA with respect to an appeal under section 173”, and
(ii) for “Commission” substitute “CMA panel”,
(c) omit sub-paragraphs  (3) to (7), and
(d) in sub-paragraph (8), for “a group” substitute  “the group”.
(7) In paragraph 6—
(a) in sub-paragraph (1), for the wo rds from the beginning to “that
appeal” substitute “The CMA must determine an appeal”,
(b) in sub-paragraph (2)—
( i ) f o r  “ g r o u p  w i t h  t h e  f u n c t i o n  o f  d e t e r m i n i n g  a n  a p p e a l ”
substitute “CMA”, and
(ii) after “requirements” insert “in respect of an appeal”, and
(c) in sub-paragraph (3), for “Commission” substitute “CMA”.
(8) In paragraph 7—
(a) for “The group with the func tion of determining an appeal”
substitute “The CMA”, and
(b) for “determination of the appe al” substitute “determination of an
appeal”.Enterprise and Regulatory Reform Act 2013 (c. 24)
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(9) In paragraph 8—
(a) in sub-paragraph (1), for “Com mission” (in each place where it
occurs) substi tute “CMA”,
(b) in sub-paragraph (4)—
(i) for “The Commission may take copies” substitute “An
authorised member of the CMA may, for the purpose of the
exercise of the functions of th e CMA, make arrangements for
copies to be taken”, and
(ii) omit “to it”, and
(c) in sub-paragraph (5), for the word s from “Commission’s” to the end,
substitute “CMA’s behalf by an authorised member of the CMA”.
(10) In paragraph 9—
(a) in sub-paragraph (2), for “Commission” substitute “CMA”,
(b) in sub-paragraph (5)(a), for “the Commission is not required”
substitute “there is no requirement”,
(c) in sub-paragraph (7), for “the Commission must pay him” substitute
“an authorised member of the CMA must arrange for that person to
be paid”, and
(d) in sub-paragraph (8), for the word s from “Commission’s” to the end,
substitute “CMA’s behalf by an authorised member of the CMA”.
(11) In paragraph 10—
(a) in sub-paragraph (1), for “Commission” substitute “CMA”, and
(b) in sub-paragraph (4), for the word s from “Commission’s” to the end,
substitute “CMA’s behalf by an  authorised member of the CMA”
(12) In paragraph 11, in sub-paragraph (1), for “a member of the Commission”
substitute “an authorised member of the CMA”.
(13) In paragraph 12, in sub-paragraphs (1), (3) and (4), for “Commission” (in
each place where it occurs) substitute “CMA Board”.
(14) In paragraph 13, in sub-paragraph (1), for “Commissio n” (in each place
where it occurs) substitute “CMA”.
(15) In paragraph 15, in sub-paragraph (1)—
(a) for the definition of “authorised member of the Commission”
substitute—
““authorised member of the CMA”—
(a) in relation to a power exercisable in
connection with an appeal in respect of whicha group has been constituted by the chair ofthe CMA under Schedule 4 to the Enterpriseand Regulatory Reform Act 2013, means amember of that group who has been
authorised by the chair of the CMA to exercisethat power;
(b) in relation to a power exercisable in
connection with an application for permissionto bring an appeal, or otherwise in connection
with an appeal in respect of which a group has
not been so constituted by the chair of theCMA, means—Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 6 — Regulatory appeals etc:  minor and consequential amendments
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(i) any member of the CMA Board who is
also a member of the CMA panel, or
(ii) any member of the CMA panel
authorised by the Secretary of State(whether generally or specifically) toexercise the power in question.”,
(b) omit the definition of “the Chairman”,
(c) for the definition of “t he Commission” substitute—
““the CMA” means the Competition and Markets
Authority;”
“CMA Board” and “CMA panel” have the same
meaning as in Schedule 4 to the Enterprise andRegulatory Reform Act 2013;”, and
(d) omit the definition of “a group”.
Legal Services Act 2007 (c. 29)
108 The Legal Services Act 20 07 is amended as follows.
109 (1) Section 57 (reports) is amended as follows.
(2) In subsection (1), for “OFT” (in ea ch place where it occurs) substitute
“CMA”.
(3) In subsection (2), for “OFT’s” substitute “CMA’s”.
(4) In subsections (3) to (6), for “OFT” (i n each place where it occurs) substitute
“CMA”.
(5) In the heading, for “OFT” substitute “CMA”.
110 (1) Section 58 (Board’s response to report) is amended as follows.
(2) In subsection (1), fo r “OFT” substitute “CMA”.
(3) In subsections (2) and (3), for “OFT ’s” (in each place where it occurs)
substitute “CMA’s”.
(4) In subsection (4), fo r “OFT” substitute “CMA”.
(5) In the heading, for “OFT” substitute “CMA”.
111 (1) Section 59 (referral of report by Lord Chancellor) is amended as follows.
(2) In subsections (1) to (3), for “OFT” (i n each place where it occurs) substitute
“CMA”.
(3) In subsection (4), for the words from “must” to “its advice” substitute “must
make a reference to the chair of the CMA for the constitution of a groupunder Schedule 4 to the Enterprise an d Regulatory Reform Act 2013, for the
purpose of advising the Lord Chancellor”.
(4) After subsecti on (4), insert—
“(5) Where a reference is made to the chair of the CMA under this section
for the constitution of a group, the functions of the CMA under
section 60, in relation to the matte r concerned, are to be carried out
on behalf of the CMA by the group so constituted (includingEnterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 6 — Regulatory appeals etc:  minor and consequential amendments
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functions under sections 109 to 115 of the Enterprise Act 2002, as
applied by section 60(9)).”
(5) In the heading, omit “to the Competition Commission”.
112 (1) Section 60 (duties of the Competit ion Commission) is amended as follows.
(2) In subsection (1), for the words from  “seeks” to “the Commission” substitute
“makes a reference under section 59, the CMA”.
(3) In subsection (2), for “The Commission must then make its own report”
substitute “The CMA must  then make a report”.
(4) In subsection (3), for “C ommission” substitute “CMA”.
(5) In subsection (4)—
(a) for “Commission” substitute “CMA”, and
(b) for the words from “it receives” to the end substitute “the reference
in question is made to the ch air of the CMA under section 59”.
(6) In subsection (5), for “Co mmission’s” substitute “CMA’s”.
(7) In subsection (6)—
(a) for “Commission’s” substitute “CMA’s, and
(b) for “Commission” (in each place where it occurs) substitute “CMA”.
(8) In subsection (7), for “C ommission” substitute “CMA”.
(9) In subsection (8)—
(a) for “Commission’s” substitute “CMA’s, and
(b) for “Commission” substitute “CMA”.
(10) In subsection (9)—
(a) in the words before paragraph (a), for “to the Commission”
substitute “to the CMA”, and
(b) in paragraph (b), for “Com mission” substitute “CMA”.
(11) In subsection (10)—
(a) for “Commission” substitute “CMA”, and
(b) for “OFT’s report” substitute  “report made by the CMA under
section 57”.
(12) In the heading, for “Competiti on Commission” substitute “CMA”.
113 (1) Section 61 (Lord Chancellor’s powe r to give directions) is amended as
follows.
(2) In subsection (1), fo r “OFT” substitute “CMA”.
(3) In subsection (2), for “Competi tion Commission” substitute “CMA”.
114 In section 66 (Board’s power to recomm end orders), in subsection (3)(b), for
“OFT” substitute “CMA”.
115 In section 67 (effect of Board’s de signation as approved regulator), in
subsection (3), for “OFT” substitute “CMA”.
116 In section 207 (interpretation), in subsection (1)—Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 6 — Regulatory appeals etc:  minor and consequential amendments
Part 1 — Amendments to Acts182
(a) after the definition of “barrister” insert—
“the CMA” means the Competition and Markets
Authority;”, and
(b) omit the definition of “the OFT”.
117 (1) Schedule 4 (approved regu lators) is amended as follows.
(2) In paragraph 5, in sub-paragraph (2)(a), for “OFT” substitute “CMA”.
(3) In the italic cross-heading preced ing paragraph 6, for “Office of Fair
Trading” substitute “Competition and Markets Authority”.
(4) In paragraph 6, in sub-paragraphs (1) and (2), for “OFT” (in each place where
it occurs) substitute “CMA”.
(5) In paragraph 15, in sub-paragraph (5)(a), for “OFT” substitute “CMA”.
118 (1) Schedule 6 (alteration of reserved legal activities) is amended as follows.
(2) In paragraph 3, in sub-paragraph (1)(b), for “OFT” substitute “CMA”.
(3) In paragraph 5, in sub-paragraphs (1) to (4), for “OFT” (in each place where
it occurs) substitute “CMA”.
(4) In paragraph 8, in sub-paragraph (3 ), for “OFT” (in each place where it
occurs) substi tute “CMA”.
(5) In paragraph 9, in sub-paragraph (2)(b), for “OFT” substitute “CMA”.
(6) In paragraph 11, in sub-paragraph (4)(a), for “OFT” substitute “CMA”.
(7) In paragraph 17, in sub-paragraph (4)(a), for “OFT” substitute “CMA”.
119 (1) Schedule 7 (directions: procedure) is amended as follows.
(2) In paragraph 3, in sub-paragraph (2)(b), for “OFT” substitute “CMA”.
(3) In the italic cross-heading preced ing paragraph 5, for “Office of Fair
Trading” substitute “Competition and Markets Authority”.
(4) In paragraph 5, in sub-paragraphs (1) and (2), for “OFT” (in each place where
it occurs) substitute “CMA”.
120 (1) Schedule 8 (intervention directions: procedure) is amended as follows.
(2) In paragraph 3, in sub-paragraph (2)(b), for “OFT” substitute “CMA”.
(3) In the italic cross-heading preced ing paragraph 5, for “Office of Fair
Trading” substitute “Competition and Markets Authority”.
(4) In paragraph 5, in sub-paragraphs (1) and (2), for “OFT” (in each place where
it occurs) substitute “CMA”.
(5) In paragraph 14, in sub-paragraph (3)(b), for “OFT” substitute “CMA”.
(6) In the italic cross-heading preced ing paragraph 16, for “Office of Fair
Trading” substitute “Competition and Markets Authority”.
(7) In paragraph 16, in sub-paragraphs (1) and (2), for “OFT” (in each place
where it occurs) substitute “CMA”.
121 (1) Schedule 9 (cancellation of designation as approved regulator) is amended
as follows.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 6 — Regulatory appeals etc:  minor and consequential amendments
Part 1 — Amendments to Acts183
(2) In paragraph 3, in sub-paragraph (2)(a), for “OFT” substitute “CMA”.
(3) In the italic cross-heading preced ing paragraph 4, for “Office of Fair
Trading” substitute “Competition and Markets Authority”.
(4) In paragraph 4, in sub-paragraphs (1) and (2), for “OFT” (in each place where
it occurs) substitute “CMA”.
122 (1) Schedule 10 (designation of approved regulators as licensing authorities) is
amended as follows.
(2) In paragraph 3, in sub-paragraph (2)(a), for “OFT” substitute “CMA”.
(3) In the italic cross-heading preced ing paragraph 4, for “Office of Fair
Trading” substitute “Competition and Markets Authority”.
(4) In paragraph 4, in sub-paragraphs (1) and (2), for “OFT” (in each place where
it occurs) substitute “CMA”.
(5) In paragraph 13, in sub-paragraph (5)(a), for “OFT” substitute “CMA”.
(6) In paragraph 19, in sub-paragraph (2)(a), for “OFT” substitute “CMA”.
(7) In the italic cross-heading preced ing paragraph 20, for “Office of Fair
Trading” substitute “Competition and Markets Authority”.
(8) In paragraph 20, in sub-paragraphs (1) and (2), for “OFT” (in each place
where it occurs) substitute “CMA”.
123 In Schedule 24 (index of defined expressions)—
(a) at the appropriate place insert—
(b) omit the reference to the OFT.
Postal Services Act 2011 (c. 5)
124 The Postal Services Act 2011 is amended as follows.
125 (1) Section 59 (price control decisions) is amended as follows.
(2) In subsection (3), for “Competi tion Commission (“the Commission”)”
substitute “Competition and Markets Authority (“the CMA”)”.
(3) In subsections (5) to (12), for “Commi ssion” (in each plac e where it occurs)
substitute “CMA”.
(4) After subsecti on (12) insert—
“(12A) The CMA’s functions with respect to an appeal under this section are
to be carried out on its behalf by  a group constituted for the purpose
by the chair of the CMA under Sc hedule 4 to the Enterprise and
Regulatory Reform Act 2013”.
126 In section 60 (section 59: supplementary),  in subsections (1) and (4) to (6), for
“Commission” (in each place wher e it occurs) substitute “CMA”.“CMA section 207”, andEnterprise and Regulatory Reform Act 2013 (c. 24)
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Health and Social Care Act 2012 (c. 7)
127 The Health and Social Care Act 2012 is amended as follows.
128 (1) Section 101 (licence condition modification references) is amended as
follows.
(2) In subsection (2)—
(a) for “Competition Commissi on” substitute  “CMA”, and
(b) for “the Commission” substitute “the CMA”.
(3) In subsection (4)—
(a) for “Competition Commissi on” substitute  “CMA”, and
(b) for “the Commission” substitute “the CMA”.
(4) After subsection (4) insert—
“(4A) The functions of the CMA with respect to a reference under this
section are to be carried out on behalf of the CMA by a groupconstituted for the purpose by th e chair of the CMA under Schedule
4 to the Enterprise and Regulato ry Reform Act 2013 (including
functions relating to the making of  changes following a report on a
reference, and functions under sections 109 to 115 of the EnterpriseAct 2002, as applied by paragraph 10 of Schedule 10).”
(5) In subsections (5) and (6), for “Com petition Commission” (in each place
where it occurs) substitute “CMA”.
(6) In the heading, for “Competiti on Commission” substitute “CMA”.
129 In section 102 (modification of conditions by order under other enactments),
in subsection (1), for “Office of Fa ir Trading, Competition Commission”
substitute “CMA”.
130 In section 103 (standard condition as to transparency of certain criteria), in
subsection (3)—
(a) in paragraph (b), fo r “Competition Commission” substitute “CMA”,
and
(b) in paragraph (c), for “Office of Fair Trading, Competition
Commission” substitute “CMA”.
131 (1) Section 120 (responses to consulta tion on proposals for national tariff) is
amended as follows.
(2) In subsections (1) and (4), for “Com petition Commission” (in each place
where it occurs) substitute “CMA”.
(3) In subsection (5), omit the word s from the beginnin g to “instead,”.
(4) After subsecti on (5), insert—
“(5A) Except where specified otherwise in  Schedule 12, the functions of the
CMA with respect to a reference under this section (includingfunctions relating to the making of changes following adetermination on a reference) are to be carried out on behalf of theCMA by a group constituted for the purpose by the chair of the CMAunder Schedule 4 to the Enterpri se and Regulatory Reform Act
2013.”Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 6 — Regulatory appeals etc:  minor and consequential amendments
Part 1 — Amendments to Acts185
132 (1) Section 121 (determination on reference under section 120) is amended as
follows.
(2) In subsections (1) to (3), for “Compe tition Commission” (i n each place where
it occurs) substitute “CMA”.
(3) In subsections (4) to (6) and (8) to (10), for “Commission” (in each place
where it occurs) substitute “CMA”.
133 In section 122 (changes following determination on reference under section
120), in subsections (1) and (2), for “C ompetition Commission” (in each place
where it occurs) substitute “CMA”.
134 (1) Section 123 (power to veto changes proposed under section 122) is amended
as follows.
(2) In subsection (1), for “Competi tion Commission” substitute “CMA”.
(3) In subsection (3), for “C ommission” substitute “CMA”.
(4) In subsection (4), for “Competi tion Commission” substitute “CMA”.
(5) In subsections (5) to (7), for “Commi ssion” (in each plac e where it occurs)
substitute “CMA”.
135 (1) Section 142 (responses to consultation on proposal to impose a levy) is
amended as follows.
(2) In subsections (1) and (4), for “Com petition Commission” (in each place
where it occurs) substitute “CMA”.
(3) After subsection (4) insert—
“(4A) The functions of the CMA with respect to a reference under this
section are to be carried out on behalf of the CMA by a groupconstituted for the purpose by th e chair of the CMA under Schedule
4 to the Enterprise and Regulato ry Reform Act 2013 (including
functions relating to the making of  changes following a report on a
reference, and functions under sections 109 to 115 of the EnterpriseAct 2002, as applied by paragraph 10 of Schedule 10).”
(4) In subsections (5) and (7), for “Com petition Commission” (in each place
where it occurs) substitute “CMA”.
136 (1) Section 149 (electronic communications) is amended as follows.
(2) In subsection (2)—
(a) for “Competition Commissi on” substitute  “CMA”, and
(b) for “the Commission” substitute “the CMA”.
(3) In subsections (3) and (4), for “Com petition Commission” (in each place
where it occurs) substitute “CMA”.
137 In section 150 (interpretation etc. of Part 3), in subsection (1), after the
definition of “anti-competitive behaviour” insert—
““the CMA” means the Competition and Markets Authority;”.
138 (1) Schedule 10 (references by Monitor under section 101 or 142) is amended as
follows.
(2) In the heading, for “Competiti on Commission” substitute “CMA”.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 6 — Regulatory appeals etc:  minor and consequential amendments
Part 1 — Amendments to Acts186
(3) In paragraph 1—
(a) in sub-paragraph (1), for “Competition Commission” substitute
“CMA”, and
(b) in sub-paragraph (2), for “the Commission” substitute “the CMA”.
(4) In paragraph 2, for “Competiti on Commission” substitute “CMA”.
(5) In paragraph 4—
(a) in sub-paragraph (1)—
(i) for “Competition Commissi on” substitute “CMA”, and
(ii) for “the Commission” (in each place where it occurs)
substitute “the CMA”, and
(b) in sub-paragraph (2), for “Commission” substitute “CMA”.
(6) In paragraph 5—
(a) in sub-paragraph (1), for “Competition Commission” substitute
“CMA”, 
(b) in sub-paragraph (3), for “Commission” substitute “CMA”, and
(c) in sub-paragraph (4), for “Competition Commission” substitute
“CMA”.
(7) In paragraph 6—
(a) in sub-paragraph (1), for “Competition Commission” substitute
“CMA”, 
(b) in sub-paragraph (2)—
(i) for “Commission” substitute “CMA”, and
(ii) for the words from “in connec tion with” to the end substitute
“by the chair of the CMA for th e purpose of carrying out the
functions of the CMA with respect to the reference”, and
(c) in sub-paragraph (4), for “Commission” substitute “CMA”.
(8) In paragraph 7, in sub-paragrap hs (1) and (8), for “Competition
Commission” (in each place wher e it occurs) substitute “CMA”.
(9) In the italic cross-heading prec eding paragraph 8, for “Competition
Commission’s” substitute “CMA’s”.
(10) In paragraph 8—
(a) in sub-paragraph (1), for “Competition Commission” substitute
“CMA”, and
(b) in sub-paragraphs (3) to  (5), (7), (8) and (10) to (12), for “Commission”
(in each place where it occurs) substitute “CMA”.
(11) In paragraph 9—
(a) in sub-paragraph (1), for “Competition Commission” substitute
“CMA”, and
(b) in sub-paragraphs (2) and (3), fo r “Commission” (in each place where
it occurs) substitute “CMA”.
(12) In paragraph 10, in sub-paragrap h (2), for “Competi tion Commission”
substitute “CMA”.
139 (1) Schedule 12 (procedure on refere nces under section 120) is amended as
follows.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 6 — Regulatory appeals etc:  minor and consequential amendments
Part 1 — Amendments to Acts187
(2) In paragraph 2, in sub-paragraph (1), for “Competi tion Commission”
substitute “CMA”.
(3) In the italic cross-heading preceding paragraph 3, for “Commission”
substitute “CMA”.
(4) In paragraph 3—
(a) omit sub-paragraph (1),
(b) in sub-paragraph (2)—
(i) for “selected under this paragraph” substitute “constituted
by the chair of the CMA under Schedule 4 to the Enterpriseand Regulatory Reform Act 2013 for the purpose of carryingout functions of the CMA with respect to a reference under
section 120”, and
(ii) for “Commission” substitute “CMA panel”,
(c) omit sub-paragraphs  (3) to (6), and
(d) in sub-paragraph (7), for “a group” substitute  “the group”.
(5) In paragraph 4—
(a) in sub-paragraph (1), for the words from the beginning to “the
determination” substitute “The CMA must make its determinationon a reference”,
(b) in sub-paragraph (2), for “that group” substitute “the CMA”, and
(c) in sub-paragraph (3), for “Competition Commission” substitute
“CMA”.
(6) In paragraph 5, in sub-paragraph (1)—
(a) for “group with the function of determining a reference” substitute
“CMA”, and
(b) for “of the appeal” subs titute “on a reference”.
(7) In paragraph 6, in sub-paragrap hs (1) and (3), for “Competition
Commission” (in each place wher e it occurs) substitute “CMA”.
(8) In paragraph 7—
(a) in sub-paragraph (1), for “a grou p with the function of making a
determination on a reference under section 120” substitute “theCMA”,
(b) in sub-paragraph (2), for “A group with that function” substitute
“The CMA”,
(c) in sub-paragraph (3), for “Competition Commission” substitute
“CMA”,
(d) in sub-paragraph (4)—
(i) for “Competition Commissi on” substitute “CMA”, and
(ii) in paragraph (b), after “evidenc e” insert “to it” and omit “to a
group with that function”,
(e) in sub-paragraph (5), for “group conducting the hearing” substitute
“CMA”,
(f) in sub-paragraph (8)—
(i) in paragraph (a), for “Compe tition Commission” substitute
“CMA”, and
(ii) in paragraph (b), for “group conducting the hearing”
substitute “CMA”, andEnterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 6 — Regulatory appeals etc:  minor and consequential amendments
Part 1 — Amendments to Acts188
(g) in sub-paragraph (9), for “Competition Commission” substitute
“CMA”.
(9) In paragraph 8, in sub-paragraph (1)— 
(a) for “Commission” substitute “CMA”, and
(b) for “a group with the function  of making a determination on a
reference under section 120”  substitute “the CMA”.
(10) In paragraph 9, in sub-paragraph (2), for “Commission” substitute “group
constituted for the purpose of carr ying out function s of the CMA with
respect to the reference to which th e notice or requirement relates”. 
(11) In paragraph 10, in sub-paragrap h (2) for the words from “Competition
Commission’s” to the end substitute “CMA’s behal f  b y  a  m e m b e r  o f  t h e
group constituted for the purpose of ca rrying out functions of the CMA with
respect to the reference to which the notice relates”.
(12) In paragraph 11—
(a) in sub-paragraph (1), for “Competition Commission” substitute
“CMA Board”, and
(b) in sub-paragraphs (4) and (5),  for “Commission” substitute “CMA
Board”.
(13) In paragraph 12—
(a) for sub-paragraph (1) substitute—
 “(1) Where the CMA makes a determination on a reference
under section 120 it must make an order requiring thepayment to it of the costs it in curred in connection with the
reference.”, and
(b) in sub-paragraph (5)—
(i) for “The group that makes a determination on a reference
under section 120” substitute “The CMA”, and
(ii) for “the determination” subs titute “a determination on a
reference under section 120”.
Civil Aviation Act 2012 (c. 19)
140 The Civil Aviation Act 2012 is amended as follows.
141 (1) Section 24 (appeals: conditions of new licences) is amended as follows.
(2) In subsections (1), (3) and (5), for “Competition Commission” (in each place
where it occurs) substitute “Com petition and Markets Authority”.
(3) In the heading, for “Competition Commission” substitute “Competition and
Markets Authority”.
142 (1) Section 25 (appeals: modification  of licence conditions) is amended as
follows.
(2) In subsections (1), (3), (5) and (7),  for “Competition Commission” (in each
place where it occurs) substitute “Competition and Markets Authority”.
(3) In the heading, for “Competition Commission” substitute “Competition and
Markets Authority”.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 6 — Regulatory appeals etc:  minor and consequential amendments
Part 1 — Amendments to Acts189
143 In section 26 (when appeals may be allowed), for “Competition
Commission” substitute “Competi tion and Markets Authority”.
144 (1) Section 27 (determination of appeal) is amended as follows.
(2) In subsection (1) for “Competition  Commission” substitute “Competition
and Markets Authority”.
(3) In subsection (2)—
(a) for “Competition Commission”  substitute “Competition and
Markets Authority”, and
(b) for “the Commission” substitute “the Competition and Markets
Authority”.
(4) In subsection (4)—
(a) for “Competition Commission”  substitute “Competition and
Markets Authority”, and
(b) for “the Commission” substitute “the Competition and Markets
Authority”.
(5) In subsection (5), for “Competition  Commission” substitute “Competition
and Markets Authority”.
145 (1) Section 28 (determination of appeal : time limits) is amended as follows.
(2) In subsections (1), (3) and (4), for “Competition Commission” (in each place
where it occurs) substitute “Com petition and Markets Authority”.
(3) In subsection (5)—
(a) for “Competition Commission”  substitute “Competition and
Markets Authority”, and
(b) for “the Commission” substitute “the Competition and Markets
Authority”.
(4) In subsections (6) to (8), for “Compe tition Commission” (i n each place where
it occurs) substitute “Competi tion and Markets Authority”.
146 (1) Section 29 (determination of appeal : publication etc) is amended as follows.
(2) In subsection (1)—
(a) for “Competition Commission”  substitute “Competition and
Markets Authority”, and
(b) for “the Commission” substitute “the Competition and Markets
Authority”.
(3) In subsections (3) and (4), for “Com petition Commission” (in each place
where it occurs) substitute “Com petition and Markets Authority”.
(4) In subsection (5)—
(a) for “Competition Commission”  substitute “Competition and
Markets Authority” and
(b) for “Commission’s opinion” (in each place where those words occur)
substitute “opinion of the Competition and Markets Authority”.
147 (1) Section 30 (procedure on appeals) is amended as follows.
(2) In subsection (2), for “Competition  Commission” substitute “Competition
and Markets Authority”.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 6 — Regulatory appeals etc:  minor and consequential amendments
Part 1 — Amendments to Acts190
(3) For subsection (4) substitute—
“(4) Except where specified otherwise in  Schedule 2, the functions of the
Competition and Markets Authority with respect to an appeal undersection 24 or 25 are to be carried out on behalf of the Competition and
Markets Authority by a group constituted for the purpose, by thechair of the Competition and Market s Authority, unde r Schedule 4 to
the Enterprise and Regulatory Reform Act 2013.”
148 (1) Schedule 2 (appeals under sections 24 and 25) is amended as follows.
(2) In paragraph 2—
(a) in sub-paragraph (1)—
(i) for “Competition Commi ssion’s decision” substitute
“decision of the Competition and Markets Authority”, and
(ii) for “the Commission” substitute “the Competition and
Markets Authority”,
(b) in sub-paragraphs (5 ) and (6), for “Competition Commission” (in
each place where it occurs) subs titute “Competition and Markets
Authority”,
(c) in sub-paragraph (7), for “The Competition Commission” substitute
“An authorised member of the Co mpetition and Markets Authority”,
and
(d) in sub-paragraph (8), in paragrap h (d), for “Commi ssion” substitute
“authorised member”.
(3) In paragraph 3, in sub-paragraph (1), for “Competi tion Commission”
substitute “Competition and Markets Authority”.
(4) In paragraph 4—
(a) in sub-paragraph (1), for “Competition Commission” substitute
“Competition and Markets Authority”,
(b) in sub-paragraph (2), for “on which the Competition Commission
publishes its” substitute “of pu blication of the Competition and
Markets Authority’s”, and
(c) in sub-paragraph (3), for “Competition Commission” substitute
“Competition and Markets Authority”.
(5) In paragraph 5—
(a) in sub-paragraph (1)—
(i) for “Competition Commi ssion’s decision” substitute
“decision of the Competition and Markets Authority”, and
(ii) for “the Commission” substitute “the Competition and
Markets Authority”,
(b) in sub-paragraph (2), for “Competition Commission” substitute
“Competition and Markets Authority”,
(c) in sub-paragraph (4), for “The Competition Commission must”
substitute “An authorised member  of the Competition and Markets
Authority must”, and
(d) in sub-paragraph (5), in paragrap h (d), for “Commi ssion” substitute
“authorised member”.
(6) In paragraph 6, in sub-paragraph (3), for “Competi tion Commission”
substitute “Competition and Markets Authority”.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 6 — Regulatory appeals etc:  minor and consequential amendments
Part 1 — Amendments to Acts191
(7) In paragraph 7, in sub-paragraph (3), for “Competi tion Commission”
substitute “Competition and Markets Authority”.
(8) In paragraph 8, in sub-paragraph (3), for “Competi tion Commission”
substitute “Competition and Markets Authority”.
(9) In paragraph 9, in sub-paragraph (1), for “Competi tion Commission”
substitute “Competition and Markets Authority”.
(10) In paragraph 10, in sub-paragraph (3), for “Competition Commission’s
decision” substitute “decision of th e Competition and Markets Authority”.
(11) In paragraph 11—
(a) in sub-paragraph (1)—
(i) for “Competition Commiss ion’s functions” substitute
“functions of the Competition and Markets Authority”, and
(ii) for “the Commission” substitute “the Competition and
Markets Authority”,
(b) in sub-paragraph (2), for “Competition Commission” substitute
“Competition and Markets Authority”, and
(c) in sub-paragraph (4)—
(i) for “The Competition Commission” substitute “An
authorised member of the Competition and MarketsAuthority”, and
(ii) for first “it” subs titute “he or she”.
(12) In paragraph 12, in sub-paragrap h (1), for “Competi tion Commission”
substitute “Competition and Markets Authority”.
(13) In paragraph 13, in sub-paragraph (3), for “Competition Commission’s
decision” substitute “decision of th e Competition and Markets Authority”.
(14) In paragraph 14—
(a) in sub-paragraph (1)—
(i) for “Competition Commiss ion’s functions” substitute
“functions of the Competition and Markets Authority”, and
(ii) for “the Commission” substitute “the Competition and
Markets Authority”,
(b) in sub-paragraph (2), for “Competition Commission” substitute
“Competition and Markets Authority”, and
(c) in sub-paragraph (4)—
(i) for “The Competition Commission” substitute “An
authorised member of the Competition and MarketsAuthority”, and
(ii) for first “it” subs titute “he or she”.
(15) In paragraph 15—
(a) in sub-paragraph (1), for “The Competition Commission must”
substitute “An authorised member  of the Competition and Markets
Authority must”,
(b) in sub-paragraph (2), for “t he Competition Commission must
comply with sub-paragraph (1)” substitute “the requirements of sub-
paragraph (1) must be complied with”,Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 6 — Regulatory appeals etc:  minor and consequential amendments
Part 1 — Amendments to Acts192
(c) in sub-paragraph (3), for “The Competition Commission must”
substitute “An authorised member  of the Competition and Markets
Authority must”, and
(d) in sub-paragraph (4), in paragrap h (d), for “Commi ssion” substitute
“authorised member”.
(16) In paragraph 16—
(a) in sub-paragraph (1), for “Competition Commission” substitute
“Competition and Markets Authority”, and
(b) in sub-paragraph (4), in para graph (a), for “the Competition
Commission” substitute “an authorised member of the Competition
and Markets Authority”.
(17) In paragraph 17—
(a) omit sub-paragraph (1),
(b) in sub-paragraph (2)—
(i) for “The group” substitute “A  group constituted by the chair
of the Competition and Markets Authority, under Schedule 4
to the Enterprise and Regulatory Reform Act 2013, for thepurpose of carrying out func tions of the Competition and
Markets Authority with respect to an appeal under section 24or 25”, and
(ii) for “Competition Commission ” substitute “CMA panel”, and
(c) omit sub-paragr aphs (3) and (4).
(18) Omit paragraph 18.(19) In paragraph 19, in sub-paragrap h (1), for “Competi tion Commission”
substitute “Competition and Markets Authority”.
(20) In paragraph 20—
(a) in sub-paragraph (1)—
(i) for “A group with the func tion of determining an appeal”
substitute “The Competition and Markets Authority”,
(ii) for “the appeal” substitute “an appeal”, and
(iii) for “Competition Commission”  substitute “Competition and
Markets Authority”,
(b) in sub-paragraph (3)—
(i) for “A group with the func tion of determining an appeal”
substitute “The Competition and Markets Authority”, and
(ii) for “the appeal” substitute “an appeal”, and
(c) in sub-paragraph (4)—
(i) for “A group with the func tion of determining an appeal”
substitute “The Competition and Markets Authority”, and
(ii) for “the appeal” substitute “an appeal”.
(21) In paragraph 21, in sub-paragrap h (1), for “Competi tion Commission”
substitute “Competition and Markets Authority”.
(22) In paragraph 22—
(a) in sub-paragraphs (1 ) and (2), for “Competition Commission” (in
each place where it occurs) subs titute “Competition and Markets
Authority”,Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 6 — Regulatory appeals etc:  minor and consequential amendments
Part 1 — Amendments to Acts193
(b) in sub-paragraph (3), for “Com petition Commission’s decision”
substitute “decision of the Comp etition and Markets Authority”,
(c) in sub-paragraph (4)—
(i) for “Competition Commi ssion’s decision” substitute
“decision of the Competition and Markets Authority”, and
(ii) for “the Commission” substitute “the Competition and
Markets Authority”,
(d) in sub-paragraphs (5 ) and (6), for “Competition Commission” (in
each place where it occurs) subs titute “Competition and Markets
Authority”,
(e) in sub-paragraph (7)—
(i) for “Competition Commi ssion’s decision” substitute
“decision of the Competition and Markets Authority”, and
(ii) for “Commission” (in each pl ace where it occurs) substitute
“Competition and Markets Authority”, and
(f) in sub-paragraph (9)—
(i) for “Competition Commi ssion’s decision” substitute
“decision of the Competition and Markets Authority”, and
(ii) for “Commission” (in each pl ace where it occurs) substitute
“Competition and Markets Authority”.
(23) In paragraph 23, in sub-paragrap h (1), for “Competi tion Commission”
substitute “Competition and Markets Authority”.
(24) In paragraph 24—
(a) in sub-paragraph (1)—
(i) for “Competition Commission”  substitute “Competition and
Markets Authority”, and
(ii) for “the Commission” substitute “the Competition and
Markets Authority”, and
(b) in sub-paragraph (4), for the words from “on the” to the end
substitute “on behalf of the Competition and Markets Authority byan authorised member of the Co mpetition and Markets Authority”.
(25) In paragraph 25—
(a) in sub-paragraph (1), for “Compe tition Commission” (in each place
where it occurs) substitute “Com petition and Markets Authority”,
(b) in sub-paragraph (3), for “The Competition Commission” substitute
“An authorised member of the Co mpetition and Markets Authority”,
(c) in sub-paragraph (7), in para graph (a), for “the Competition
Commission is not required” substi tute “there is no requirement”,
(d) in sub-paragraph (9), for “the Competition Commission must pay
the person” substitute “an author ised member of the Competition
and Markets Authority must arrange for the person to be paid”, and
(e) in sub-paragraph (10), for the words from “on the” to the end
substitute “on behalf of the Competition and Markets Authority byan authorised member of the Co mpetition and Markets Authority”.
(26) In paragraph 26—
(a) in sub-paragraph (1), for “Compe tition Commission” (in each place
where it occurs) substitute “Com petition and Markets Authority”,
andEnterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 6 — Regulatory appeals etc:  minor and consequential amendments
Part 1 — Amendments to Acts194
(b) in sub-paragraph (5), for the words from “on the” to the end
substitute “on behalf of the Competition and Markets Authority byan authorised member of the Co mpetition and Markets Authority”.
(27) In paragraph 27, for “Competition  Commission” substitute “Competition
and Markets Authority”.
(28) In paragraph 28, in sub-paragraph (2 ), for “A member of the Competition
Commission” substitute “An authoris ed member of the Competition and
Markets Authority”.
(29) In paragraph 30—
(a) in sub-paragraphs (1) to (4), fo r “the Competition Commission” (in
each place where it occurs) substi tute “the Competition and Markets
Authority”,
(b) after sub-paragraph (4), insert—
 “(4A) For the purposes of sub-pa ragraphs (1) to (4), the consent
of the Competition and Markets Authority is to be given byan authorised member of the Competition and MarketsAuthority.”, and
(c) in sub-paragraph (6), for “Competition Commission” substitute
“Competition and Markets Authority”.
(30) In paragraph 31, in sub-paragraphs  (1), (5) and (6), for “Competition
Commission” (in each place where it  occurs) substitute “CMA Board”.
(31) In paragraph 32—
(a) in sub-paragraph (1)—
(i) for “Competition Commission”  substitute “Competition and
Markets Authority”, and
(ii) for “the Commission” substitute “the Competition and
Markets Authority”,
(b) in sub-paragraph (2)—
(i) for “Competition Commission”  substitute “Competition and
Markets Authority”, and
(ii) for “the Commission” substitute “the Competition and
Markets Authority”, and
(c) in sub-paragraphs (3 ) and (4), for “Competition Commission” (in
each place where it occu rs) substitute “group”.
(32) In paragraph 34—
(a) for “Competition Commission”  substitute “Competition and
Markets Authority or a member of the Competition and MarketsAuthority”, and
(b) “it must publish or send it” substi tute “it must be published or sent”.
(33) In paragraph 35, in sub-paragraph (1)—
(a) for the definition of “autho rised member of the Competition
Commission” substitute—
““authorised member of the Competition and Markets
Authority—
(a) in relation to a power exercisable in
connection with an appeal or application ordirection in respect of which a group has beenEnterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 6 — Regulatory appeals etc:  minor and consequential amendments
Part 1 — Amendments to Acts195
constituted by the chai r of the Competition
and Markets Authority under Schedule 4 tothe Enterprise and Regulatory Reform Act2013, means a member of that group who hasbeen authorised by  the chair of the
Competition and Markets Authority toexercise that power;
(b) in relation to a power exercisable in
connection with an application for permission
to bring an appeal, or otherwise in connection
with an appeal or application or direction inrespect of which a group has not been soconstituted by the chai r of the Competition
and Markets Authority, means—
(i) any member of the CMA Board who is
also a member of the CMA panel, or
(ii) any member of the CMA panel
authorised by the Secretary of State(whether generally or specifically) toexercise the power in question;”,
(b) omit the definition of “Chairman”,
(c) omit the definition of “a group”, and
(d) before the definition of “intervener” insert—
““CMA Board” and “CMA panel” have the same
meaning as in Schedule 4 to the Enterprise andRegulatory Reform Act 2013;”.
P
ART 2
AMENDMENTS  TO OTHER  ENACTMENTS
Electricity (Northern Ireland) Or der 1992 (SI 1992/231 (N.I. 1))
149 The Electricity (Northern Ireland)  Order 1992 is amended as follows.
150 In article 2 (interpretation), in paragr aph (2), before the definition of “the
Department” insert—
““the CMA” means the Competition and Markets Authority;”.
151 (1) Article 15 (modification references) is amended as follows.
(2) In paragraph (1)—
(a) for “Competition Commissi on” substitute  “CMA”, and
(b) for “the Commission” substitute “the CMA”.
(3) In paragraph (2)—
(a) for “Competition Commissi on” substitute  “CMA”, and
(b) for “the Commission” substitute “the CMA”.
(4) In paragraph (3), for “Competiti on Commission” substitute “CMA”.
(5) In paragraph (5)—
(a) for “Competition Commissi on” substitute  “CMA”, and
(b) for “the Commission” substitute “the CMA”.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 6 — Regulatory appeals etc:  minor and consequential amendments
Part 2 — Amendments to other enactments196
(6) In paragraph (6)—
(a) for “Competition Commissi on” substitute  “CMA”, and
(b) for “the Commission” (in each pl ace where it occurs) substitute “the
CMA”.
(7) In paragraph (7), for “Competiti on Commission” substitute “CMA”.
(8) After paragraph (7) insert—
“(7A) The functions of the CMA with respect to a reference under this
Article are to be carried out on  behalf of the CMA by a group
constituted for the purpose by th e chair of the CMA under Schedule
4 to the Enterprise and Regulato ry Reform Act 2013 (including
functions relating to the making of modifications following a reporton a reference, and functions under sections 109 to 115 of theEnterprise Act 2002, as applie d by Articles 15B and 17A).”
(9) In paragraph (9), for the words fr om “members” to the end substitute
“persons to membership of the CMA fo r the purpose of being available for
selection as members of a group constituted to carry out functions on behalfof the CMA with respect to a reference under this Article”.
(10) In paragraph (9A), for “selec ting” substitute “constituting”. 
(11) In the heading, for “Monopolies Commission” substitute “CMA”.
152 In article 15A (references under article 15: time limits), in paragraphs (2) and
(3), for “Competition Commission” (in each place where it  occurs) substitute
“CMA”.
153 (1) Article 16 (reports on modificati on references) is amended as follows.
(2) In paragraph (1), for “Competiti on Commission” substitute “CMA”.
(3) In paragraph (1A)—
(a) for “Competition Commissi on” substitute  “CMA”, and
(b) for the words from “in connection with” to the end substitute “by the
chair of the CMA for the purpose of carrying out the functions of the
CMA with respect to the reference”.
(4) In paragraphs (1B), (3) to (3C) and (4), for “Competition Commission” (in
each place where it occurs) substitute “CMA”.
154 In article 17 (modification following re port), in paragraphs (1) and (5), for
“Competition Commission ” (in each place where it occurs) substitute
“CMA”.
155 (1) Article 17A (power to veto modifi cations following report) is amended as
follows.
(2) In paragraph (1), for the words fr om the beginning to “Commission”)”
substitute “The CMA”.
(3) In paragraphs (2) to (8),  (10) to (12), (14) and (16), for “Commission” (in each
place where it occurs) substitute “CMA”.
(4) In the heading, for “Competition  Commission’s” substitute “CMA’s”.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 6 — Regulatory appeals etc:  minor and consequential amendments
Part 2 — Amendments to other enactments197
156 In article 18 (modification by order under other statutory provisions), in
paragraph (1), for “Office of Fair Trading, the Competition Commission”
substitute “CMA”.
157 (1) Article 53 (annual and other reports) is amended as follows.
(2) In paragraph (1)(a)(ii), for “Competi tion Commission” substitute “CMA’s”.
(3) Omit paragraph (6). 
Gas (Northern Ireland) Order 1996 (SI 1996/275 (N.I.2))
158 The Gas (Northern Ireland) Order 1996 is amended as follows.
159 In article 2 (interpretation), in paragraph (2), before the definition of
“construction” insert—
““the CMA” means the Competition and Markets Authority;”.
160 (1) Article 15 (modification references) is amended as follows.
(2) In paragraph (1)—
(a) for “Competition Commissi on” substitute  “CMA”, and
(b) for “the Commission” substitute “the CMA”.
(3) In paragraph (2)—
(a) for “Competition Commissi on” substitute  “CMA”, and
(b) for “the Commission” substitute “the CMA”.
(4) In paragraph (3)—
(a) for “Competition Commissi on” substitute  “CMA”, and
(b) for “the Commission” substitute “the CMA”.
(5) In paragraph (4), for “Competiti on Commission” substitute “CMA”.
(6) In paragraph (6)—
(a) for “Competition Commissi on” substitute  “CMA”, and
(b) for “the Commission” substitute “the CMA”.
(7) In paragraph (7)—
(a) for “Competition Commissi on” substitute  “CMA”, and
(b) for “the Commission” (in each pl ace where it occurs) substitute “the
CMA”.
(8) In paragraph (8), for “Competiti on Commission” substitute “CMA”.
(9) After paragraph (8) insert—
“(8A) The functions of the CMA with respect to a reference under this
Article are to be carried out on  behalf of the CMA by a group
constituted for the purpose by th e chair of the CMA under Schedule
4 to the Enterprise and Regulato ry Reform Act 2013 (including
functions relating to the making of modifications following a reporton a reference, and functions under sections 109 to 115 of theEnterprise Act 2002, as applie d by Articles 15B and 17A).”
(10) In the heading, for “M onopolies Commission” subs titute “Competition and
Markets Authority”.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 6 — Regulatory appeals etc:  minor and consequential amendments
Part 2 — Amendments to other enactments198
161 In article 15A (references under article 15: time limits), in paragraphs (2) and
(3), for “Competition Commission” (in each place where it  occurs) substitute
“CMA”.
162 (1) Article 16 (reports on modificati on references) is amended as follows.
(2) In paragraph (1), for “Competiti on Commission” substitute “CMA”.
(3) In paragraph (1A)—
(a) for “Competition Commissi on” substitute  “CMA”, and
(b) for the words from “in connection with” to the end substitute “by the
chair of the CMA for the purpose of carrying out the functions of the
CMA with respect to the reference ”.
(4) In paragraphs (1B), (3) to (3C) and (4), for “Competition Commission” (in
each place where it occurs) substitute “CMA”.
163 In article 17 (modification following re port), in paragraphs  (1) and (5A), for
“Competition Commission ” (in each place where it occurs) substitute
“CMA”.
164 (1) Article 17A (power to veto modifi cations following report) is amended as
follows.
(2) In paragraph (1), for the words fr om the beginning to “Commission”)”
substitute “The CMA”.
(3) In paragraphs (2) to (10), (13) to (15) , (17) and (19), for “Commission” (in each
place where it occurs) substitute “CMA”.
(4) In the heading, for “Competition  Commission’s” substitute “CMA’s”.
165 In article 18 (modification by order under other statutory provisions), in
paragraph (1), for “Office of Fair Trading, the Competition Commission”
substitute “CMA”.
166 (1) Article 32 (annual and other reports) is amended as follows.
(2) In paragraph (1)(a)(ii), for “Monopo lies Commission’s” substitute “CMA’s”.
(3) Omit paragraph (6). 
Energy (Northern Ireland) Orde r 2003 (SI 2003/419 (N.I. 6))
167 The Energy (Northern Ireland) Order 2003 is amended as follows.
168 (1) Article 6 (annual and other reports of the Authority) is amended as follows.
(2) In paragraph (1)(b), for “Competition  Commission” substitute “Competition
and Markets Authority”.
(3) Omit paragraph (10). 
169 In article 38 (modification of licences), in paragraphs (1) and (2), for “, the
Office of Fair Trading or the Competition Commission” (in each place wherethose words occur) substitute “or th e Competition and Markets Authority”.
170 (1) Schedule 2 (orders altering licensable activities) is amended as follows.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 6 — Regulatory appeals etc:  minor and consequential amendments
Part 2 — Amendments to other enactments199
(2) In paragraph 1, after sub-paragraph (3), insert—
 “(4) In this Schedule, “the CMA” means the Competition and Markets
Authority.”
(3) In paragraph 2—
(a) in sub-paragraph (4), for “Competition Commission” substitute
“CMA”, and
(b) in sub-paragraphs (5) and (6), fo r “Commission” (in each place where
it occurs) substitute “CMA”.
(4) In the italic cross-heading prec eding paragraph 3, for “Competition
Commission” substitute “CMA”.
(5) In paragraph 3—
(a) in sub-paragraph (1)—
(i) for “Competition Commissi on” substitute “CMA”, and
(ii) for “the Commission” substitute “the CMA”,
(b) in sub-paragraphs (2),  (3), (5) and (6), fo r “Commission” (in each
place where it occurs) substitute “CMA”, and
(c) after sub-paragraph (6), insert—
 “(7) The functions of the CMA wi th respect to a reference under
this paragraph (including functions under sections 109 to115 of the Enterprise Act 2002, as applied by paragraph 5)are to be carried out on be half of the CMA by a group
constituted for the purpose by  the chair of the CMA under
Schedule 4 to the Enterprise and Regulatory Reform Act2013.”
(6) In paragraph 4—
(a) in sub-paragraph (2), for “Competition Commission” substitute
“CMA”, and
(b) in sub-paragraph (3), for “Commission” substitute “CMA”.
(7) In paragraph 5, in sub-paragraph (4)—
(a) for “Competition Commissi on” substitute  “CMA”, and
(b) for the words from “the words” to  the end, substitute “for the words
“, OFCOM or the Secretary of St ate” there were substituted “or
OFCOM”.
(8) In paragraph 6—
(a) in sub-paragraph (1), for “Competition Commission” substitute
“CMA”,
(b) in sub-paragraphs (2) and (3), fo r “Commission” (in each place where
it occurs) substitute “CMA”,
(c) in sub-paragraph (4)—
(i) for “Commission” substitute “CMA”, and
(ii) for the words from “in connec tion with” to the end substitute
“by the chair of the CMA for th e purpose of carrying out the
functions of the CMA with respect to the reference”, and
(d) in sub-paragraphs (5) to (9) and (1 1), for “Commission” (in each place
where it occurs) substitute “CMA”.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 6 — Regulatory appeals etc:  minor and consequential amendments
Part 2 — Amendments to other enactments200
Water Services etc (Scotland) Act 2005 (Con sequential Provisions and Modifications) Order 
2005 (SI 2005/3172)
171 The Water Services etc (Scotland) Act 2005 (Consequential Provisions and
Modifications) Order 2005 is amended as follows.
172 In article 2 (interpretation), in para graph (1), for the definition of “the
Commission” substitute—
““the CMA” means the Competition and Markets Authority;”.
173 (1) Article 3 (references) is amended as follows.
(2) In paragraphs (1), (5) to (9), and (1 1) and (12), for “Commission” substitute
“CMA”.
(3) After paragrap h (12) insert—
“(13) The functions of the CMA with respect to a reference under this
article are to be carried out on  behalf of the CMA by a group
constituted for the purpose by th e chair of the CMA under Schedule
4 to the Enterprise and Regulato ry Reform Act 2013 (including
functions relating to the making of modifications following a reporton a reference, and functions under sections 109 to 115 of theEnterprise Act 2002, as applied by articles 5 and 10).”
(4) In the heading, for “Com mission” substitute “CMA”.
174 In article 4 (references: time limit s), in paragraphs (2) and (3), for
“Commission” (in each place wher e it occurs) substitute “CMA”.
175 In article 5 (references: powers of investigation), in paragraph (4)(a), for
paragraph (i) substitute—
“(i) the words “, OFCOM or the Secretary of State” were
omitted;”.
176 (1) Article 6 (consultation on proposals) is amended as follows.
(2) In paragraphs (1) to (3), for “Commi ssion” (in each plac e where it occurs)
substitute “CMA”.
(3) In the heading, for “Com mission” substitute “CMA”.
177 (1) Article 7 (reports on refe rences) is amended as follows.
(2) In paragraphs (1) to (5), for “Commi ssion” (in each plac e where it occurs)
substitute “CMA”.
(3) In paragraph (6)—
(a) for “Commission” substitute “CMA”, and
(b) for the words from “constituted,”  to the end substitute “constituted
by the chair of the CMA for the purpose of carrying out the functionsof the CMA with respect to the reference”.
(4) In paragraphs (7) and (8), for “Commi ssion” (in each place where it occurs)
substitute “CMA”.
(5) In paragraph (10), for “Commission’s” substitute “CMA’s”.
(6) In paragraph (12), for “Commission” substitute “CMA”.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 6 — Regulatory appeals etc:  minor and consequential amendments
Part 2 — Amendments to other enactments201
178 (1) Article 8 (modifications followi ng report) is amended as follows.
(2) In paragraph (1), for “C ommission” substitute “CMA”.
(3) In paragraph (2)—
(a) for “Commission” substitute “CMA”, and
(b) for “Commission’s” substitute “CMA’s”.
(4) In paragraph (3), for “Com mission’s” substitute “CMA’s”.
(5) In paragraph (6), for “C ommission” substitute “CMA”.
179 (1) Article 9 (power of veto follo wing report) is amended as follows.
(2) In paragraphs (1) to (3), for “Commi ssion” (in each plac e where it occurs)
substitute “CMA”.
(3) In paragraph (4)—
(a) for “Commission” (in each place where it occurs) substitute “CMA”,
and
(b) for “Commission’s” (in each pl ace where it occurs) substitute
“CMA’s”.
(4) In paragraphs (5) to (8), for “Commi ssion” (in each plac e where it occurs)
substitute “CMA”.
(5) In the heading, for “Commi ssion’s” substitute “CMA’s”.
180 (1) Article 10 (article 9: suppl ementary) is amended as follows.
(2) In paragraphs (2), (3) and (5), fo r “Commission” (in each place where it
occurs) substi tute “CMA”.
(3) In paragraph (6)(a), for paragraph (i) substitute—
“(i) the words “, OFCOM or the Secretary of State” were
omitted;”.
Water and Sewerage Services (Northern Irel and) Order 2006 (SI 2006/3336 N.I. 21))
181 The Water and Sewerage Services (Northern Ireland) Order 2006 is amended
as follows.
182 In article 2 (interpretation), in paragraph (2)—
(a) after the definition of  “the Authority”, insert—
““the CMA” means the Competition and Markets Authority;”, and
(b) omit the definition of “the OFT”.
183 (1) Article 19 (determinations under conditions of appointment) is amended as
follows.
(2) In paragraph (2)—
(a) for “Competition Commissi on” substitute  “CMA”, and
(b) for “the Commission” substitute “the CMA”.
(3) In paragraph (3)—
(a) for “Competition Commissi on” substitute  “CMA”, and
(b) for “that Commission” (in each pl ace where it occurs) substitute “the
CMA”.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 6 — Regulatory appeals etc:  minor and consequential amendments
Part 2 — Amendments to other enactments202
(4) In paragraph (4)—
(a) for “Competition Commissi on” substitute  “CMA”, and
(b) for “the Commission” (in each pl ace where it occurs) substitute “the
CMA”.
(5) In paragraph (5), for “Competiti on Commission” substitute “CMA”.
(6) In paragraph (6)—
(a) for “Competition Commissi on” substitute  “CMA”, and
(b) for “the Commission” substitute “the CMA”.
(7) After paragraph (6) insert—
“(7) The functions of the CMA with respect to a reference under this
Article are to be carried out on  behalf of the CMA by a group
constituted for the purpose by th e chair of the CMA under Schedule
4 to the Enterprise and Regulato ry Reform Act 2013 (including
functions relating to the making of modifications following a reporton a reference, and functions under sections 109 to 115 of theEnterprise Act, as applied by para graph (5) read with Article 27).”
184 (1) Article 21 (modification references) is amended as follows.
(2) In paragraph (1)—
(a) for “Competition Commissi on” substitute  “CMA”, and
(b) for “the Commission” substitute “the CMA”.
(3) In paragraph (2)—
(a) for “Competition Commissi on” substitute  “CMA”, and
(b) for “the Commission” substitute “the CMA”.
(4) In paragraph (3), for “Competiti on Commission” substitute “CMA”.
(5) In paragraph (5)—
(a) for “Competition Commissi on” substitute  “CMA”, and
(b) for “the Commission” (in each pl ace where it occurs) substitute “the
CMA”.
(6) In paragraph (6), for “Competiti on Commission” substitute “CMA”.
(7) After paragraph (6) insert—
“(7) The functions of the CMA with respect to a reference under this
Article are to be carried out on  behalf of the CMA by a group
constituted for the purpose by th e chair of the CMA under Schedule
4 to the Enterprise and Regulato ry Reform Act 2013 (including
functions relating to the making of modifications following a reporton a reference, and functions under sections 109 to 115 of theEnterprise Act 2002, as applied by Articles 23 and 27).”
(8) In the heading, for “Competiti on Commission” substitute “CMA”.
185 In article 22 (references under article 21: time limits), in paragraphs (2) and
(3), for “Competition Commission” (in each place where it  occurs) substitute
“CMA”.
186 (1) Article 24 (reports on modificati on references) is amended as follows.
(2) In paragraph (1), for “Competiti on Commission” substitute “CMA”.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 6 — Regulatory appeals etc:  minor and consequential amendments
Part 2 — Amendments to other enactments203
(3) In paragraph (2)—
(a) for “Competition Commissi on” substitute  “CMA”, and
(b) for the words from “in connection with” to the end, substitute “by the
chair of the CMA for the purpose of carrying out the functions of the
CMA with respect to the reference in question”.
(4) In paragraphs (3) to (5), for “Compe tition Commission” (in each place where
it occurs) substitute “CMA”.
(5) In paragraphs (6) and (7), for “Commi ssion” (in each place where it occurs)
substitute “CMA”.
(6) In paragraph (9), for “Competiti on Commission” substitute “CMA”.
187 In article 25 (modifications following report), in paragraphs (1) and (5), for
“Competition Commissio n” substitute “CMA”.
188 (1) Article 26 (power of veto foll owing report) is amended as follows.
(2) In paragraph (1), for “Competiti on Commission” substitute “CMA”.
(3) In paragraphs (2) to (9), for “Commi ssion” (in each plac e where it occurs)
substitute “CMA”.
(4) In the heading, for “Commi ssion’s” substitute “CMA’s”.
189 (1) Article 27 (power of veto follow ing report: supplementary) is amended as
follows.
(2) In paragraph (2), for “Competiti on Commission” substitute “CMA”.
(3) In paragraphs (3), (4), (6) and (8), for “Commission” (in each place where it
occurs) substi tute “CMA”.
(4) In the heading, for “Commi ssion’s” substitute “CMA’s”.
190 In article 28 (modification by order under other statutory provisions), in
paragraph (1)—
(a) for “OFT, the Competition Commission” substitute “CMA”, and
(b) for “OFT, the Commiss ion” substitute “CMA”.
191 In article 57 (restriction s on disclosure of information), in sub-paragraph (7),
for “Competition Commis sion” substitute “CMA”.
Legal Services (Scotland) Act 2010 (asp 16)
192 The Legal Services (Scotland) Act 2010 is amended as follows.
193 In section 8 (pre-approval considerat ion), in subsection (1)(b), for “OFT”
substitute “CMA”.
194 In section 15 (initial considerations), in subsections (1) and (2), for “OFT” (in
each place where it occurs) substitute “CMA”.
195 In section 28 (communicating outsid e), in subsection (1)(e), for “OFT”
substitute “CMA”.
196 In section 49 (majority ownership) , in subsection (5)(b)(iii), for “OFT”
substitute “CMA”.
197 (1) Section 76 (input) is amended as follows.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 6 — Regulatory appeals etc:  minor and consequential amendments
Part 2 — Amendments to other enactments204
(2) In subsections (1) to (3), for “OFT” (i n each place where it occurs) substitute
“CMA”.
(3) In the heading, for “OFT” substitute “CMA”.
198 In section 92 (certification of bodies),  in subsections (4) an d (5), for “OFT” (in
each place where it occurs) substitute “CMA”.
199 In section 103 (certification of bodies ), in subsections (4) and (5), for “OFT”
(in each place where it occurs) substitute “CMA”.
200 (1) Section 113 (regard to input) is amended as follows.
(2) In subsections (1) to (3), for “OFT” (i n each place where it occurs) substitute
“CMA”.
(3) In the heading, for “OFT” substitute “CMA”.
201 In section 122 (particular rules), in  subsection (2), for “OFT” substitute
“CMA”. 
202 In section 125 (citizens advice bodi es), in subsection  (4)(b), for “OFT”
substitute “CMA”. 
203 In section 147 (further modification ), in subsection (3)(d), for “OFT”
substitute “CMA”.
204 (1) In section 149 (definit ions), in subsection (1)—
(a) after the definition of “the 2007 Act” insert—
““CMA” means Competition and Markets Authority,”,
and
(b) omit the definition of “OFT”.
205 In schedule 2 (directions), in paragrap h 4, in sub-paragraph (3), for “OFT” (in
each place where it occurs) substitute “CMA”.
206 In schedule 5 (amendment of authorisation), in paragraph 4, in sub-
paragraph (2)(b)(i), for “OFT” substitute “CMA”.
207 In schedule 6 (rescission of authorisation), in paragraph 4, in sub-paragraph
(2)(b)(i), for “OFT” substitute “CMA”.
208 In schedule 7 (surrender of authorisat ion), in paragraph 3, in sub-paragraph
(1)(a)(ii), for “OFT” substitute “CMA”.
209 In schedule 9 (index of expressions us ed), in the first table, in the column
headed “Whole Act expressions”—
(a) after the reference to “advocat e”, insert a reference to “CMA”;
(b) omit the reference to “OFT”.
SCHEDULE 7 Section 30(10)
MERGERS : INTERIM  MEASURES
Interim measures following references under section 22 or 33
1 Part 3 of the 2002 Act (mergers) is amended as follows.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 7 — Mergers: interim measures205
2 (1) Section 80 (interim undertakings) is amended as follows.
(2) In subsection (1), for “S ubsections (2) and (3)” subs titute “Subsections (2) and
(2A)”.
(3) After subsection (2) insert—
“(2A) Where the CMA has reasonable grounds for suspecting that pre-
emptive action has or may have been taken, it may, for the purposeof restoring the position to what  it would have been had the action
not been taken or otherwise for the purpose of mitigating its effects,accept from such of the parties concerned as it considers appropriateundertakings to take such action as it considers appropriate.”
(4) After subsecti on (2A) insert—
“(2B) A person may, with the consent of  the CMA, take action or action of
a particular description where the action would otherwise constitute
a contravention of an undertaking under this section.”
(5) Omit subsections (3) and (4).(6) In subsection (5), for “Any other undertaking” substitute “An undertaking”.
(7) Omit subsection (6).
3 (1) Section 81 (interim orders) is amended as follows.
(2) In subsection (1) for “Sub sections (2) and (3 )” substitute “Subsections (2) and
(2A)”.
(3) After subsection (2) insert—
“(2A) Where the CMA has reasonable grounds for suspecting that pre-
emptive action has or may have been  taken, it may by order, for the
purpose of restoring the position to  what it would have been had the
action not been taken or otherwise for the purpose of mitigating its
effects—
(a) do anything mentioned in  subsection (2)(b) to (d);
(b) impose such other obligations, prohibitions or restrictions as
it considers appropriate for that purpose.”
(4) After subsecti on (2A) insert—
“(2B) A person may, with the consent of  the CMA, take action or action of
a particular description where the action would otherwise constitute
a contravention of an order under this section.”
(5) Omit subsections (3) and (4).
(6) In subsection (5), for “Any other order” substitute “An order”.
(7) Omit subsection (6).
Interim measures: public inte rest and special interest cases
4 (1) Schedule 7 (enforcement regime for public interest and special public
interest cases) is amended as follows.
(2) Omit paragraph 1 (interim undertakings).Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 7 — Mergers: interim measures206
(3) In paragraph 2 (interim orders),  after sub-paragraph (2) insert—
 “(2A) Sub-paragraph (2B) applies where—
(a) an intervention notice or sp ecial intervention notice is in
force, and
(b) the Secretary of State or the CMA has reasonable grounds
for suspecting that pre-emptive action has or may havebeen taken.
(2B) The Secretary of State or (as the case may be) the CMA may by
order, for the purpose of restoring the position to what it wouldhave been had the pre-emptive action not been taken or otherwisefor the purpose of mitigating its effects—
(a) do anything mentioned in sub-paragraph (2)(b) to (d);
(b) impose such other obligations, prohibitions or restrictions
as it considers appropriate for that purpose.”
(4) In that paragraph, after sub-paragraph (2B) insert—
“(2C) A person may, with the consent of the Secretary of State or (as the
case may be) the CMA, take acti on or action of a particular
description where the action would otherwise constitute acontravention of an order under this paragraph by the Secretary ofState or (as the case may be) the CMA.”
(5) In that paragraph, in sub-paragraph (4)—
(a) omit “or the OFT”,
(b) for “by the OFT” subs titute “by the CMA”, and
(c) omit “or (as the case may be) the OFT”.
(6) In that paragraph, in sub-paragraph (8), omit “1 or”.
(7) In that paragraph, in sub-paragraph (10), for the words from “the order” to
the end of the sub-paragraph substitute “—
(a) the Secretary of State or (as the case may be) the CMA has
reasonable grounds for suspecting that it is or may be thecase that two or more enterprises have ceased to be distinctor that arrangements are in progress or in contemplationwhich, if carried into effect, will result in two or moreenterprises ceasing to be distinct; or
(b) the order relates to a spec ial merger situation which has
been, or may have been, created.”
(8) In that paragraph, after sub-paragraph (11) insert—
 “(12) In this paragraph “pre-emptive  action” means action which might
prejudice the reference or possible reference concerned undersection 45 or (as the case may be) 62 or impede the taking of anyaction under this Part which may be justified by the Secretary of
State’s decisions on the reference.”
Interim measures: duration of interim orders under section 72
5 (1) Section 72 (initial enforcement or ders: completed mergers) is amended as
follows.
(2) Omit subsection (5).Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 7 — Mergers: interim measures207
(3) In subsection (6)—
(a) in the words before paragraph (a ), omit “section 81 or”, and
(b) in paragraph (a), for the words from  “at the end of” to the end of the
paragraph substitute “—
(i) if the CMA accepts an undertaking under
section 80 or makes an order under section 81,
on the acceptance of the undertaking or the
making of the order, and
(ii) otherwise on the final determination of the
reference concerned;”.
SCHEDULE 8 Section 32(2)
MERGERS : TIME -LIMITS
1 Part 3 of the 2002 Act (mergers) is amended as follows.
2 In section 22 (duty to make references in relation to completed mergers), in
subsection (3)—
(a) before paragraph (a) insert—
“(za) the period within which the CMA is required by
section 34ZA to decide whet her the duty to make the
reference applies has expired without such a decisionhaving been made;”, and
(b) in paragraph (a) omit “or 96(3)”.
3 In section 33 (duty to make references in relation to anticipated mergers), in
subsection (3)—
(a) before paragraph (a) insert—
“(za) the period within which the CMA is required by
section 34ZA to decide whet her the duty to make the
reference applies has expired without such a decisionhaving been made;”, and
(b) in paragraph (a) omit “or 96(3)”.
4 After section 34 insert—
“Supplementary provision: time-lim its for decisions about references
34ZA  Time-limits for decisions about references
(1) In carrying out its function of de ciding whether to make a reference
under section 22 or 33, the CMA sh all, within the initial period—
(a) decide whether the duty to make a reference under the
section applies (taking account of the power under section22(2) or (as the case may be) 33(2) and the operation of section
22(3) or (as the case  may be) 33(3)); and
(b) inform the persons carrying on the enterprises concerned by
notice of the decision an d of the reasons for it.
(2) Nothing in this section prevents the CMA from making a reference
under section 22 or 33 in the event that—Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 8 — Mergers: time-limits208
(a) it decides that the duty to make a reference does not apply
because it is considering wh ether to accept undertakings
under section 73; but
(b) no such undertakings are offered or accepted. 
(3) In this section—
“the initial period” means (sub ject to any extension under
section 34ZB) the period of 40 working days beginning
with—
(a) where the CMA is carrying out its function in
consequence of the giving of a merger notice undersection 96, the first work ing day after the day on
which the CMA gives notice under section 96(2A) tothe person who gave th e merger notice, and
(b) in any other case, the first working day after the day
on which the CMA informs the persons carrying onthe enterprises concerned by notice that it hassufficient information to enable it to begin aninvestigation for the purposes of deciding whether tomake a reference;
“working day” means any day which is not—
(a) a Saturday, a Sunday, Good Friday or Christmas Day,
or
(b) a day which is a bank ho liday in England and Wales.
(4) For the purposes of paragraph (a) in  the definition of “initial period”
in subsection (3), the CMA is carrying out its function in consequenceof the giving of a merger notice un der section 96 if it is considering
whether to make a reference under se ction 22 or 33 in relation to—
(a) arrangements of which notice is given in the merger notice or
arrangements which do not differ from them in any materialrespect, or
(b) the creation of any relevant merger situation which is, or may
be, created in consequence of  carrying such  arrangements
into effect. 
(5) Nothing in this section applies where section 34A(2) or 46A(2)
applies (duties where case referr ed by the European Commission).
34ZB Extension of time-limits
(1) The CMA may extend the initial period mentioned in section
34ZA(1) if it considers that a re levant person has failed (with or
without a reasonable excuse) to comply with any requirement of anotice under section 109 in relation to the case in question.
(2) In subsection (1), “relevant person” means—
(a) any person carrying on any of the enterprises concerned;
(b) any person who (whether alon e or as a member of a group)
owns or has control of  any such person; or
(c) any officer, employee or agent of any person mentioned in
paragraph (a) or (b).
(3) For the purposes of subsection (2),  a person or group of persons able,
directly or indirectly, to control or  materially to influence the policyEnterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 8 — Merg ers: time-limits209
of a body of persons corporate or unincorporate, but without having
a controlling interest in that bo dy of persons, may be treated as
having control of it.
(4) Where an intervention notice is in force in relation to the matter
concerned, the CMA may extend the initial period by no more than20 working days.
(5) The CMA may by notice extend the initial period  if the European
Commission is considering a reques t made, in relation to the matter
concerned, by the United Kingdom (whether alone or with others)
u n d e r  a r t i c l e  2 2 ( 1 )  o f  t h e  E C  M e r g e r  R e g u l a t i o n  ( b u t  i s  n o t  y e tproceeding with the matter in pursuance of such a request).
(6) An extension under subsection (1) or (4) comes into force when
published under section 107.
(7) An extension under subsection  (1) continues in force until—
(a) the person concerned provides the information or documents
to the satisfaction of the CMA or (as the case may be) appears
as a witness in accordance with the requirements of the CMA;or
(b) the CMA publishes its decision to cancel the extension.
(8) An extension under subsection (5 ) shall be for the period which—
(a) begins when notice is give n under that subsection, and
(b) ends when the CMA gives notice of the completion by the
European Commission of its consideration of the request ofthe United Kingdom.
(9) In this section, “working day” has the same meaning as in section
34ZA.
34ZC Sections 34ZA and 34ZB: supplementary
(1) An extension of the period mentioned in section 34ZA(1) may be
made under each of subsections (1 ), (4) or (5) of section 34ZB.
(2) No more than one extension is possible under section 34ZB(4).
(3) Where a period is extended or further extended under section
34ZB(1), (4) or (5), the period as  extended or (as the case may be)
further extended shall, subject to subsections (4) and (5), be
calculated by taking the period be ing extended and adding to it the
period of the extension (whether  or not those periods overlap in
time).
(4) Subsection (5) applies where—
(a) the period mentioned in sect ion 34ZA(1) is fu rther extended;
(b) the further extension and at least one previous extension is
made under one or more of subs ections (1) and (5) of section
34ZB; and
(c) the same days or fractions of days are included in or comprise
the further extension and are included in or comprise at leastone such previous extension.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 8 — Mergers: time-limits210
(5) In calculating the period of the further extension, any days or
fractions of days of the kind ment ioned in subsection (4)(c) are to be
disregarded.
(6) The Secretary of State may by order do either or both of the
following—
(a) amend section 34ZA so as to alter the period of 40 working
days mentioned in subsection (3 ) of that section or any period
for the time being mentioned in that subsection in
substitution for that period;
(b) amend section 34ZB so as to alter the period of 20 working
days mentioned in subsection (4 ) of that section or any period
for the time being mentioned in that subsection insubstitution for that period.
( 7 ) B u t  n o  a l t e r a t i o n  m a y  b e  m a d e  b y  v i r t u e  o f  s u b s e c t i o n  ( 6 )  w h i c h
results in—
(a) the period for the time bein g mentioned in section 34ZA(3)
exceeding 40 working days; or
(b) the period for the time being mentioned in section 34ZB(4)
exceeding 20 working days.
(8) Before making an order under subsection (6), the Secretary of State
shall consult the CMA and such ot her persons as the Secretary of
State considers appropriate.
(9) In this section, “working day” has the same meaning as in section
34ZA.”
5 (1) Section 39 (time-limits for investigations and reports) is amended as follows.
(2) In subsection (5) fo r “subsection (4)” substitute “this section”.
(3) After subsection (8) insert—
“(8A) In the case of a report on a reference under section 33, the CMA may
provide that a specified period of no more than 3 weeks is to bedisregarded for the purposes of an y time-limit for the preparation
and publication of the report which applies by virtue of this section
if—
(a) a relevant person has so re quested before the end of the
period of 3 weeks beginning wi th the date of the reference
concerned; and
(b) the CMA reasonably believes that the arrangements in
question might be abandoned.
(8B) If the CMA exercises the powe r under subsection (8A), the CMA
shall publish a notice to that effect.”
6 After section 41 (duty to remedy effects of completed or anticipated
mergers) insert—
“41A Time-limit for discharging duty under section 41
(1) The CMA shall discharge its duty under section 41(2) within the
period of 12 weeks beginning with the date on which it publishes the
report concerned under section 38.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 8 — Merg ers: time-limits211
(2) The CMA may extend, by no more than 6 weeks, the period within
which its duty under section 41(2) sh all be discharged if it considers
that there are special reasons for doing so.
(3) The CMA may extend the period wi thin which its duty under section
41(2) shall be discharged  if it considers that a relevant person has
failed (whether with or without reasonable excuse) to comply with
any requirement of a notice under section 109 which is given inrelation to the reference.
(4) In subsection (3), “relevant person” means—
(a) any person carrying on any of the enterprises concerned;
(b) any person who (whether alon e or as a member of a group)
owns or has control of  any such person; or
(c) any officer, employee or agent of any person mentioned in
paragraph (a) or (b).
(5) For the purposes of subsection (4),  a person or group of persons able,
directly or indirectly, to control or  materially to influence the policy
of a body of persons corporate or unincorporate, but without having
a controlling interest in that bo dy of persons, may be treated as
having control of it.
(6) An extension under subsection (2) or (3) comes into force when
published under section 107.
(7) An extension under subsection  (3) continues in force until—
(a) the person concerned provides the information or documents
to the satisfaction of the CMA or (as the case may be) appears
as a witness in accordance with the requirements of the CMA;or
(b) the CMA publishes its decision to cancel the extension.
41B Section 41A: supplementary
(1) A period extended under section 41A(2) may also be extended under
section 41A(3), and a period extended under section 41A(3) may alsobe extended under section 41A(2).
(2) No more than one extension is possible under section 41A(2).
(3) Where a period is extended or further extended under section 41A(2)
or (3), the period as extended or (as the case may be) further
extended is, subject to subsections (4) and (5), to be calculated by
taking the period being extended an d adding to it the period of the
extension (whether or not those periods overlap in time).
(4) Subsection (5) applies where—
(a) the period within which the CMA must discharge its duty
under section 41(2) is further extended;
(b) the further extension and at least one previous extension is
made under section 41A(3); and
(c) the same days or fractions of days are included in or comprise
the further extension and are included in or comprise at leastone such previous extension.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 8 — Mergers: time-limits212
(5) In calculating the period of the further extension, any days or
fractions of days of the kind ment ioned in subsection (4)(c) are to be
disregarded.
(6) The Secretary of State may by order amend section 41A so as to alter
either or both of the following periods—
(a) the period of 12 weeks ment ioned in subsection (1) of that
section or any period for the time being mentioned in thatsubsection in substitution for that period;
(b) the period of 6 weeks mentioned in subsection (2) of that
section or any period for the time being mentioned in thatsubsection in substitution for that period.
( 7 ) B u t  n o  a l t e r a t i o n  m a y  b e  m a d e  b y  v i r t u e  o f  s u b s e c t i o n  ( 6 )  w h i c h
results in—
(a) the period for the time be ing mentioned in section 41A(1)
exceeding 12 weeks; or
(b) the period for the time be ing mentioned in section 41A(2)
exceeding 6 weeks.
(8) Before making an order under subsection (6) the Secretary of State
shall consult the CMA and such ot her persons as the Secretary of
State considers appropriate.”
7 After section 73 (undertakings in lieu of references under section 22 or 33)
insert—
“73A Time-limits for consid eration of undertakings
(1) A party concerned who wishes to  offer an undertaking to the CMA
for the purposes of section 73(2) must do so before the end of theperiod of 5 working days beginning with—
(a) the day after the CMA gives the person the notice required by
section 34ZA(1)(b); or
(b) in a case where subsection (2) of section 34A applies, the day
after the CMA gives the person the notice required byparagraph (b) of that subsection.
(2) If an undertaking is offered fo r those purposes, the CMA shall,
before the end of the period of 10  working days beginning with the
day mentioned in subsection (1)—
(a) decide whether there are reasonable grounds for believing
that the undertaking or a modi fied version of it might be
accepted by the CMA under section 73(2), and
(b) if it considers that it might be , give notice to the person who
offered the undertaking that  it is considering it.
(3) If such a notice is given, the CM A shall decide whether to accept the
undertaking before the end of the period of 50 working daysbeginning with the day ment ioned in subsection (1).
(4) The CMA may extend the period mentioned in subsection (3), by no
more than 40 working days, if it  considers that there are special
reasons for doing so.
(5) The CMA shall prepare and publish guidance in relation to the
exercise of its power under subsection (4).Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 8 — Merg ers: time-limits213
(6) The CMA may revise any such guid ance and, where it does so, shall
publish the revised statement.
(7) The CMA may extend the period mentioned in subsection (3) if it
considers that a relevant person has failed (with or withoutreasonable excuse) to comply with any requirement of a notice given
under section 109 in relation  to the case in question.
(8) In subsection (7), “relevant person” means—
(a) any person carrying on any of the enterprises concerned;
(b) any person who (whether alon e or as a member of a group)
owns or has control of  any such person; or
(c) any officer, employee or agent of any person mentioned in
paragraph (a) or (b).
(9) For the purposes of subsection (8),  a person or group of persons able,
directly or indirectly, to control or materially influence the policy of
a body of persons corporate or unin corporate, but without having a
controlling interest in that body of persons, may be treated as havingcontrol of it.
(10) An extension under subsection (4) or (7) comes into force when
published under section 107.
(11) An extension under subsection  (7) continues in force until—
(a) the person concerned provides the information or documents
to the satisfaction of the CMA or (as the case may be) appears
as a witness in accordance with the requirements of the CMA;or
(b) the CMA publishes its decision to cancel the extension.
(12) In this section and section 73B, “working day” means any day which
is not—
(a) a Saturday, a Sunday, Good Friday or Christmas Day, or
(b) a day which is a bank ho liday in England and Wales.
73B Section 73A: supplementary
(1) A period extended under section 73A(4) may also be extended under
section 73A(7), and a period extended under section 73A(7) may alsobe extended under section 73A(4).
(2) No more than one extension is possible under section 73A(4).
(3) Where a period is extended or further extended under section 73A(4)
or (7), the period as extended or (as the case may be) further
extended is, subject to subsections (4) and (5), to be calculated by
taking the period being extended an d adding to it the period of the
extension (whether or not those periods overlap in time).
(4) Subsection (5) applies where—
(a) the period within which the CMA must discharge its duty
under section 73A(3) is further extended,
(b) the further extension and at least one previous extension is
made under section 73A(7), andEnterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 8 — Mergers: time-limits214
(c) the same days or fractions of days are included in or comprise
the further extension and are included in or comprise at leastone such previous extension.
(5) In calculating the period of the further extension, any days or
fractions of days of the kind ment ioned in subsection (4)(c) are to be
disregarded.
(6) The Secretary of State may by order amend section 73A so as to alter
one or more of the periods for the time being mentioned in the
section.
( 7 ) B u t  n o  a l t e r a t i o n  m a y  b e  m a d e  b y  v i r t u e  o f  s u b s e c t i o n  ( 6 )  w h i c h
results in—
(a) the period mentioned in sect ion 73A(1) exceeding 5 working
days;
(b) the period mentioned in section 73A(2) exceeding 10 working
days;
(c) the period mentioned in section 73A(3) exceeding 50 working
days;
(d) the period mentioned in section 73A(4) exceeding 40 working
days.
(8) Before making an order under subsection (6) the Secretary of State
shall consult the CMA and such ot her persons as the Secretary of
State considers appropriate.”
8 (1) Section 96 (merger notices) is amended as follows.
(2) In subsection (1), for the words from  “of proposed arrangements” to the end
of the subsection substitute “of ar rangements or proposed arrangements
which might have resulted or might result in the creation of a relevantmerger situation.”
(3) In subsection (2) after paragraph (a ) (and before the “and” immediately
following it) insert—
“(aa) shall contain the prescribed information;”.
(4) After subsection (2) insert—
“(2A) Where the CMA is satisfied that a merger notice meets the
requirements of subsection (2), it shal l give notice to that effect to the
person who gave the merger notice.”
(5) Omit subsections (3) and (4).
9 Sections 97 and 98 (period for cons idering merger notices) are omitted.
10 (1) Section 99 (certain funct io ns in relat ion to me rg er notices) is amended as
follows.
(2) In subsection (1),  for “the period for considering any merger notice begins”
substitute “the init ial period (within the meaning of section 34ZA) begins in
relation to the merger notice”.
(3) In subsection (5), fo r “the period for consid ering any merger notice”
substitute “the initial period (within the meaning of section 34ZA) in relation
to a merger notice”.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 8 — Merg ers: time-limits215
11 (1) Section 100 (exceptions to protection  given by merger notices) is amended as
follows.
(2) In subsection (1)—
(a) in the words before paragraph (a ), for “Section 96(3) does not”
substitute “Sections 22(3)(z a) and 33(3)(za) do not”,
(b) in those words, for “to the Commission” substitute “under section 22
or (as the case may be) 33”,
(c) in paragraph (a), for “the period  for considering the merger notice”
substitute “the initial period (within the meaning of section 34ZA) inrelation to the merger notice”,
(d) omit paragraph (b),
(e) in paragraph (c), omit the words from “by such time” to the end of
the paragraph, and
(f) in paragraph (e), for “the period for considering the merger notice”
substitute “the initial period (within the meaning of section 34ZA) inrelation to the merger notice”.
(3) In subsection (2)—
(a) in paragraph (a), for “s ection 22, 33 or 45” substitute “section 22 or
33”, and
(b) in paragraph (b), for “section 96 (3) does not” substitute “sections
22(3)(za) and 33(3)(za) do not”.
(4) In subsection (3), for “Section 96(3) does not” substitute “Sections 22(3)(za)
and 33(3)(za) do not”.
12 (1) Section 101 (merger notices: re gulations) is amended as follows.
(2) In subsection (2), in pa ragraph (a), omit “section 97(1), (2), (3) or (4) or”.
(3) In that subsection, om it paragraphs (c) to (f).
13 (1) Section 124 (order and regulations under Part 3) is amended as follows.
(2) In subsection (4)—
(a) after “section” insert “34ZC(6),”,
(b) after “40(8),” insert “41B(6),”, and
(c) after “68,” insert “, 73B(6),”.
(3) In subsection (5)—
(a) after “67(7)),” insert “34ZC(6),”,
(b) after “40(8),” insert “41B(6),”, and
(c) after “65(3)),” insert “73B(6),”.
SCHEDULE 9
Section 34(4)
MARKETS : CROSS -MARKET  REFERENCES
1 Part 4 of the 2002 Act (market investigations) is amended as follows.
2 (1) Section 133 (contents of references) is amended as follows.
(2) In subsection (1)—Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 9 — Markets: cross-market references216
(a) omit the “and” following paragraph (b),
(b) in paragraph (c), at the beginning insert “in the case of an ordinary
reference,”, and
(c) after paragraph (c) insert “; and
(d) in the case of a cross-market reference, the feature or
features concerned and the descriptions of goods or
services to which it or they relate.”
(3) In subsection (2)—
(a) in paragraph (a), after “a supply” insert “or, in the case of a cross-
market reference, supplies”, and
(b) in paragraph (b), after “an acquisition” insert “or, in the case of a
cross-market reference, acquisitions”.
3 (1) Section 134 (questions to be decided on market investigation references) is
amended as follows.
(2) In subsection (1), for “a market investigation” substitute “a n ordinary”.
(3) After subsection (1) insert—
“(1A) The CMA shall, on a cross-market reference, decide in relation to
each feature and each combination of the features specified in the
reference, whether the feature or comb ination of features, as it relates
to goods or services of one or mo re than one of the descriptions so
specified, prevents, restricts or distorts competition in connection
with the supply or acquisition of an y goods or services in the United
Kingdom or a part of the United Kingdom.”
(4) In subsection (2), for “a market investigation” substitute “a n ordinary”.
(5) After subsection (2) insert—
“(2A) For the purposes of this Part, in  relation to a cross-market reference,
there is an adverse effe ct on competition if a feature or a combination
of the features specified in the reference, as that feature orcombination of features relates to goods or services of one or more
than one of the descriptions so specified, prevents, restricts ordistorts competition in connection with the supply or acquisition ofany goods or services in the United  Kingdom or a part of the United
Kingdom.”
(6) In subsection (5)(a), after “t he market” insert “or markets”.
(7) In subsection (7), after “the market” insert “or markets”.(8) In subsection (8)(a)(i), after “t he market” insert “or markets”.
4 In section 138 (duty to remedy adverse effects), in subsection (5), after “the
market” insert “or markets”.
5 (1) Section 141 (questions to be decided where intervention notice under section
139(1) is in force) is amended as follows.
(2) In subsection (2), afte r “shall” insert “, on an ordinary reference,”.
(3) After subsection (2) insert—
“(2A) The CMA shall, on a cross-market reference, decide in relation to
each feature and each combination of the features specified in theEnterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 9 — Markets: cross-market references217
reference, whether the feature or comb ination of features, as it relates
to goods or services of one or mo re than one of the descriptions so
specified, prevents, restricts or distorts competition in connection
with the supply or acquisition of an y goods or services in the United
Kingdom or a part of the United Kingdom.”
(4) In subsection (6), after “the market” insert “or markets”.
6 In section 147 (remedial action by the Secretary of State), in subsection (5),
after “the market” insert “or markets”.
7 In section 154 (undertakings in lieu of references), in subsection (4), after “the
market” insert “or markets”.
8 (1) Section 156 (effect of undertakings under section 154) is amended as follows.
(2) Before subsection (1) insert—
“(A1) No market investigation reference shall be made by the CMA or the
appropriate Minister in relation to any feature, or combination offeatures, of a market in the Unit ed Kingdom for goods or services
if—
(a) the CMA has accepted an undertaking or group of
undertakings under section 154 within the previous 12months;
( b ) t h e  f e a t u r e  o r  c o m b i n a t i o n  o f  f e a t u r e s  t o  w h i c h  t h e
undertaking or group of undert akings relates is the same as
the feature or combination of fe atures to which the reference
would relate; and
(c) the goods or services to wh ich the undertaking or group of
undertakings relates are of the same description as the goods
or services to which the reference would relate.”
(3)  In subsection (1)—
(a) in the words before paragraph (a), for “market investigation”
substitute “ordinary”, 
(b) in paragraph (a), after “has” insert “, instead of making an ordinary
reference,”, and
(c) in paragraph (b), for “the feature,  or combination of features, relates”
substitute “the reference would relate”.
(4) In subsection (2), for “Subsection (1) does” substitute “Subsections (A1) and
(1) do”.
9 (1) Section 184 (index of defined expressions for Part 4) is amended as follows.
(2) In the second column of the entry for “Adverse effect on competition”, after
“134(2)” insert “and (2A)”.
(3) After the entry in the table for “Consumer” insert—
“Cross-market reference Section 131(6)”.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 9 — Markets: cross-market references218
(4) Before the entry in the table for “P ublic interest consideration” insert—
SCHEDULE 10 Section 35(10)
MARKETS : PUBLIC  INTEREST  INTERVENTIONS
1 Part 4 of the 2002 Act (market investigations) is amended as follows.
2 (1) Section 131 (power to make market investigation references) is amended as
follows. 
(2) In subsection (4)(b), afte r “132” insert “or 140A(6)”.
(3) In subsection (6),  in the definition of “market investigation reference”, after
“132” insert “or 140A(6)”.
3 In section 132 (ministerial power to make references), in subsection (4)—
(a) after “if” insert “—
(a) ”, and
(b) at the end insert “; or
(b) a reference has been made under section 140A(6) in
relation to the same matter but has not been finallydetermined.”
4 In section 135 (variation of references), in subsection (1), for “by it or (as the
case may be) by him” substitute “by it under section 131 or (as the case maybe) by the appropriate Minister under section 132”.
5 (1) Section 140 (supplementary provis ion about intervention notices under
section 139(1)) is amended as follows.
(2) In subsection (1)—
(a) for paragraphs (a ) and (b) substitute—
“(a) the matter to which the market study notice or (as the
case may be) the consultation under section 169concerned relates;
(b) the date of publication of that notice or (as the case
may be) on which the proces s of consultation began;”,
and
(b) in paragraph (c), for “c ase” substitute “matter”.
(3) In subsection (2), for “c ase” (in the second place where it occurs) substitute
“matter”.
(4) After subsection (4) insert—
“(4A) An intervention notice under sect ion 139(1) shall also cease to be in
force if—
(a) it mentions a public interest consideration which was not
finalised on the giving of th e notice or public interest
considerations which, at that time, were not finalised;“Ordinary reference Section 131(6)”.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 10 — Markets: public interest interventions219
(b) no other public interest cons ideration is mentioned in the
notice;
(c) at least 24 weeks has elapsed since the giving of the notice;
(d) the public interest considerat ion mentioned in the notice has
not been finalised within that period of 24 weeks or (as the
c a s e  m a y  b e )  n o n e  o f  t h e  p u blic interest considerations
mentioned in the notice has been finalised within that periodof 24 weeks; and
(e) the Secretary of State has not, by the end of that period of 24
weeks, made a reference under section 140A in relation to thematter.
(4B) Subsection (4D) applies in a case where—
(a) an intervention notice ceases to  be in force in accordance with
subsection (4A);
(b) the CMA has, before the time at which the notice ceases to be
in force, prepared a market st udy report in relation to the
matter within the period permitted by section 131B(4) andgiven it to the Secretary of State in accordance with section140A(3)(b); and
(c) the report contains the deci sion of the CMA that it should
make a reference in relation to the matter concerned under
section 131.
(4C) Subsection (4D) also applies in a case where—
(a) an intervention notice ceases to  be in force in accordance with
subsection (4A); and
(b) the CMA has, before the time at which the notice ceases to be
in force—
(i) decided that it should ma ke an ordinary reference or
a cross-market reference under section 131 in relationto the matter concerned; and
(ii) given a document containi ng its decision, the reasons
for it and such information as the CMA considersappropriate for facilitating a proper understanding ofthe reasons for its decision to the Secretary of State inaccordance with section 140A(3)(c).
(4D) In a case to which this subsection applies—
(a) the CMA shall, as soon as reasonably practicable, make a
reference in relati on to the matter under section 131; and
(b) the reference is to be treated for the purposes of this Part as
h a v i n g  b e e n  m a d e  i n  a c c o r d a n c e  w i t h  t h e  r e q u i r e m e n t simposed by this Part.”
(5) In subsection (5)—
(a) before paragraph (a) insert—
“(za) the CMA accepts an undertaking under section 154
instead of making a reference under section 131 inrelation to the matter; 
(zb) the CMA publishes notice that it has otherwise
decided not to make a refe rence under section 131 in
relation to the matter;Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 10 — Markets: public interest interventions220
(zc) the period permitted for the preparation by the CMA
of the market study report in relation to the matter
and for the report to be  published under section
131B(4) or (as the case may be) given to the Secretary
of State under section 140A(3) has expired and nosuch report has been so prepared or no such actionhas been taken;
(zd) the Secretary of State makes a reference under section
140A(5) in relation to the matter;”,
(b) in paragraph (a), after “143(1) or (3)” insert “or (as the case may be)
143A(2) or (3)”,
(c) in paragraph (c), after “143(1)”  insert “or (as the case may be)
143A(2)”,
(d) in paragraph (d), at the end inse rt “or (as the case may be) fails to
make and publish a decision under subsection (2) of section 146Awithin the period required by su bsection (6) of that section”,
(e) in paragraph (e), at the end inse rt “or (as the case may be) decides
under section 146A(2) to make no fi nding at all in relation to the
matter”, and
(f) in paragraph (f), after “147(2)” insert “or (as the case may be)
147A(2)”.
(6) In subsection (6)—
(a) before paragraph (a) insert—
“(za) in a case falling with in subsection (5)(za), the
acceptance of the undertaking concerned; 
(zb) in a case falling within subsection (5)(zb), the
publication of the notice concerned;”, 
(b) in paragraph (a), after “(5)” insert “(zc),”, and
(c) after paragraph (a) insert—
“(aa) in a case falling within subsection (5)(zd), the making
of the reference concerned;”.
(7) After subsection (6) insert—
“(6A) In subsection (6)(za) the refe rence to the acceptance of the
undertaking concerned shall, in a case where the CMA has accepteda group of undertakings under section 154, be treated as a referenceto the acceptance of the last undertaking in the group; but
undertakings which vary, supersed e or revoke earlier undertakings
shall be disregarded for the purposes of subsections (5)(za) and(6)(za).”
(8) In subsection (7), afte r “147(2)” insert “or (as the case may be) 147A(2)”.
6 After section 140A (inser ted by section 35) insert—
“140BVariation of restricted PI references and full PI references
(1) The Secretary of State may at any time vary a restricted PI reference
or a full PI reference.
(2) The Secretary of State shall cons ult the CMA before varying any such
reference.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 10 — Markets: public interest interventions221
(3) But subsection (2) does not appl y if the CMA requested the variation
concerned.
(4) No variation under this section is capable of altering the public
interest consideration or considerat ions specified in the reference.”
7 (1) Section 141 (questions to be decided where section 139(1) intervention notice
is in force) is amended as follows.
(2) For subsection (1) substitute—
“(1) This section applies where the Secretary of State makes a restricted
PI reference.”
(3) For the heading, substitu te “Restricted PI references: questions to be decided
by CMA”.
8 (1) Section 142 (investigations and reports) is amended as follows.
(2) In subsection (1)—
(a) for the words from the beginning to “the Commission” substitute
“Where the Secretary of State makes a restricted PI reference or a full
PI reference, the CMA”, and
(b) after “section 143(1) or (3)” in sert “or (as the case may be) 143A(2)
or (3)”.
(3) In subsection (2)—
(a) in paragraph (a), at the end inse rt “or (as the case may be) 141A”,
(b) omit the “and” after paragraph (b), and
(c) after paragraph (c) insert “; and
(d) in the case of a report in relation to a full PI reference
in respect of which the Secretary of State appointed apublic interest expert, a summary of the views of theexpert.”
(4) After subsection (2) insert—
 “(2A) A summary of the views of a public interest expert in a report
under this section shall be approved  by the expert before action is
taken in relation to the report  under section 143A(2) or (3).”
9 (1) Section 143 (publication etc of reports) is amended as follows.
(2) Before subsection (1) insert—
“(A1) This section applies in relation to a report prepared under section 142
in respect of a restricted PI reference.”
(3) In subsection (1), in the words befo re paragraph (a), for “a report under
section 142” substi tute “the report”.
(4) Omit subsection (2).(5) In subsection (3), for “a report un der section 142” substitute “the report”.
(6) Omit subsections (5) to (8).
(7) For the heading substi tute “Restricted PI references: publication etc of
reports of CMA”.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 10 — Markets: public interest interventions222
10 After section 143 insert—
“143A Full PI references: publication etc of reports of CMA
(1) This section applies in relation to  a report prepared under section 142
in respect of a full PI reference.
(2) The CMA shall publish the report if it contains—
(a) the decision of the CMA that there is no adverse effect on
competition;
(b) the decision of the CMA that  there is an adverse effect on
competition but that the feature or combination of featureswhich gave rise to it does  not operate and may not be
expected to operate agains t the public interest; or
(c) the decisions of the CMA that  there is one or more than one
adverse effect on competition and that one or more than oneof the features or combinations of features which gave rise to
an adverse effect on competition operates or may be expectedto operate against the public interest but, on the question
mentioned in section 141A(5)(a), and in relation to each effect
adverse to the public interest concerned, that no actionshould be taken by the Secretary of State.
(3) The CMA shall give the report to the Secretary of State if it contains
the decisions of the CMA—
(a) that there is one or more than one adverse effect on
competition and that one or more  than one of the features or
combinations of features which gave rise to an adverse effecton competition operates or may be expected to operateagainst the public interest; and
(b) in relation to at least one effe ct adverse to the public interest
concerned, that action should be taken by the Secretary ofState.
(4) The Secretary of State shall publis h, no later than publication of the
Secretary of State’s decision under section 146A(2) in relation to thecase, a report of the CMA given to the Secretary of State undersubsection (3) and not required to be published by virtue of section
148A(3).” 
11 (1) Section 144 (time-limits for invest igations and reports in public interest
cases) is amended as follows.
(2) In subsection (1)—
(a) for “the date of the reference” substitute “the re levant date”, and
(b) for the words from “publish it” to the end substitute “publish it
under section 143(1) or 143A(2) or (as the case may be) give it to theSecretary of State in accordance  with section 143(3) or 143A(3).”
(3) After subsection (1) insert—
“(1A) For the purposes of subsecti on (1), the “relevant date” is—
(a) in the case of a report in relati on to a restricted PI reference or
to a full PI reference which specif ies that the Secretary of State
does not propose to appoint a pu blic interest expert, the date
of the reference;Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 10 — Markets: public interest interventions223
(b) in the case of a report in relation to a full PI reference which
specifies that the Secretary of State proposes to appoint apublic interest expert, the earliest of the following—
(i) the date of the appo intment of the expert;
(ii) the date on which the Secr etary of State gives notice to
the CMA that the Secretary of State no longer intendsto appoint such an expert;
(iii) the end of the period of 2 months beginning with the
date of the reference.”
(4) In subsection (4),  after “143(1) or (3)” insert “or (as the case may be) 143A(2)
or (3)”.
12 (1) Section 145 (restriction s where public interest considerations not finalised:
Part 4) is amended as follows.
(2) In subsection (2), afte r “143(3)” insert “or (as the case may be) 143A(3)”.
(3) In subsection (3), after “141(3)” inse rt “or (as the case may be) 141A(4) and
(5).”
(4) In subsection (4), after “141(3)” inse rt “or (as the case may be) 141A(4) and
(5).”
13 (1) Section 146 (decision of Secretar y of State) is amended as follows.
(2) In subsection (1),  in the words before paragr aph (a), for “report of the
Commission” substitute “r eport of the CMA in rela tion to a restricted PI
reference”.
(3) In the heading, at the beginning, insert “Restricted PI references:”.
14 After section 146 insert—
“146A Full PI references: deci sion of Secretary of State
(1) Subsection (2) applies where the Secretary of State has received a
report of the CMA in relation  to a full PI reference which—
(a) has been prepared under section 142;
(b) contains the decisions of the CMA that there is one or more
than one adverse effect on competition and that one or morethan one of the features or combinations of features that gaverise to an adverse effect on competition operates or may beexpected to operate against the public interest and that, inrelation to at least one effect adverse to the public interestconcerned, action should be taken by the Secretary of State;and
(c) has been given to the Secretary of State as required by section
143A(3).
(2) The Secretary of State shall decide whether to make an adverse
public interest finding in relation  to the matter and whether to make
no finding at all in the matter.
(3) For the purposes of this Part, th e Secretary of State makes an adverse
public interest finding in relation to a matter if, in relation to that
matter, the Secretary of State decides—
(a) that there is an adverse effect on competition;Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 10 — Markets: public interest interventions224
(b) that there is one or more than  one admissible public interest
consideration which is relevant to the matter; and
(c) taking account only of any ad verse effect on competition and
any relevant admissible public interest consideration orconsiderations, that any featur e or combination of features
which gave rise to an adverse effect on competition operatesor may be expected to operate against the public interest.
(4) The Secretary of State may make no finding at all in a matter only if
the Secretary of State decides that  there is no admissible public
interest consideration which is re levant to a consideration of the
matter concerned.
(5) In deciding whether to make an adverse public interest finding
under subsection (2), the Secretary of State shall accept the decision
of the CMA as to whether there is an adverse effect on competitionin relation to the matter.
(6) The Secretary of State shall make and publish the decision under
subsection (2) within the period of 90 days beginning with the receipt
of the report of the CMA under section 142.
(7) In this section “admissible public  interest consideration” means a
public interest consideration which—
(a) was mentioned in the intervention notice concerned; and
(b) was not disregarded by the CMA for the purposes of its
report under section 142.”
15 In section 147 (remedial action by Secr etary of State), in the heading, at the
beginning, insert “Restr icted PI references:”.
16 After section 147 insert—
“147A Full PI references: remedial action by Secretary of State
(1) Subsection (2) applies where the Secretary of State has decided under
subsection (2) of section 146A within the period required bys u b s e c t i o n  ( 6 )  o f  t h a t  s e c t i o n  t o  m a k e  a n  a d v e r s e  p u b l i c  i n t e r e s tfinding in relation to a matter an d has published the decision within
the period so required.
(2) The Secretary of State may take such action under section 159 or 161
as the Secretary of State considers to be reasonable and practicable toremedy, mitigate or prevent any of  the effects adverse to the public
interest which have resulted from, or may be expected to result from,the features or combinations  of features in question.
(3) In making a decision under subsection (2), the Secretary of State
s h a l l ,  i n  p a r t i c u l a r ,  h a v e  r e g a r d  t o  t h e  r e p o r t  o f  t h e  C M A  u n d e rsection 142.
(4) In making a decision under subsecti on (2), the Secretary of State may,
in particular, have regard to—
(a) the need to achieve as co mprehensive a solution as is
reasonable and practicable to th e effects adverse to the public
interest concerned; and
(b) any detrimental effects on cu stomers so far as resulting from
those effects.”Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 10 — Markets: public interest interventions225
17 (1) Section 148 (reversion of th e matter) is amended as follows.
(2) Omit subsections (3) to (5).(3) For the heading substitute “Restricte d PI references: reve rsion of the matter
to CMA”.
18 After section 148 insert—
“148A Full PI references: reversion of the matter to CMA
(1) This section applies if—
(a) the Secretary of State decide s under section 146A(2) to make
no finding at all in the matter; or
(b) the Secretary of State fails to make and publish the decision
under subsection (2 ) of section 146A within the period
required by subsection  (6) of that section.
(2) The CMA shall proceed under section 138 as if—
(a) a reference under section 131 had been made (in accordance
with the requirements imposed by  this Part) instead of a full
PI reference; and
(b) its report had been prepared and published under section 136
within the period perm itted by section 137.
(3) The CMA shall publish the report  which has been prepared by it
under section 142 (if still unpublishe d) as soon as it becomes able to
proceed by virtue of subsection (2).
(4) In relation to proceedings by virtue  of subsection (2 ), the reference in
section 138(3) to decisions of the CMA included in its report by virtueof section 134(4) is to be construed as a reference to decisions whichwere included in the report of the CMA by virtue of section 141A(6).
(5) Where the CMA becomes under a duty to proceed as mentioned in
subsection (2), references in this Part to a referenc e under section 131,
so far as necessary, are to  be construed accordingly.
(6) Where the CMA, in proceeding by virtue of subsection (2), intends to
proceed in a way which is not co nsistent with its decisions as
included in its report by virtue of section 141A(6), it shall not soproceed without the consent of the Secretary of State.
(7) The Secretary of State shall not withhold consent under subsection
(6) unless the Secretary of State be lieves that the prop osed alternative
way of proceeding will operate against the public interest.
(8) For the purposes of subsection  (7) a proposed alternative way of
proceeding will operate against th e public interest only if any
admissible public interest consideration or considerations outweighthe considerations which have le d the CMA to propose proceeding
in that way.
(9) In deciding whether to withhold consent under subs ection (6), the
Secretary of State shall accept the CMA’s view of what, if the onlyrelevant consideration were how to  remedy, mitigate or prevent the
adverse effect on competition concerned or any detrimental effect oncustomers so far as resulting from the adverse effect on competition,
would be the most appropriate way to proceed.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 10 — Markets: public interest interventions226
(10) In this section “admissible publ ic interest consideration” has the
same meaning as in section 146A.”
19 (1) Section 149 (intervention notices under section 139(2)) is amended as
follows.
(2) In subsection (1)(c), for “case” substitute “proposal to accept the
undertaking”.
(3) In subsection (2), for “c ase” (in the second place where it occurs) substitute
“proposal to accept the undertaking”.
20 In section 150 (power of veto of Secr etary of State: undertakings in lieu),
before subsecti on (1) insert—
“(A1) Where an intervention notice under subsection 139(1) is in force, the
CMA shall not, without the consent of the Secretary of State, accept
any proposed undertaking under section 154 in relation to the matterconcerned.”
21 (1) Section 151 (further interaction of  intervention notices with general
procedure) is amended as follows.
(2) For subsection (1) substitute—
“(1) Sections 134(1), (1A), (4 ), (6) and (7), 136(1) to  (6), 137(1) to (6), 138
and 138A do not apply in relation to a restricted PI reference or a fullPI reference.” 
(3) In subsection (2), for the words from “, the Commis sion” to the end
substitute “at a time after the Secretary of State has made a restricted PIreference or a full PI reference, the CMA shall proceed as if the reference
concerned had instead been made under section 131 (in accordance with therequirements impose d by this Part).”
(4) In subsection (4), for the words from  “, the Commission shall” to the end
substitute “, the CMA shall proceed as if the restricted PI reference or (as thecase may be) the full PI reference concerned had instead been made by the
CMA under section 131 (in accordance with the requirements imposed bythis Part).”
(5) For the heading, substitute “Public interest intervention cases: interaction
with general procedure”.
22 In section 152 (certain duties in relation to providing information), omit
subsection (2).
23 In section 155 (undertakings in lieu: procedural requiremen ts), in subsection
(3)(a), at the end insert “or (but for the effect of section 140A(3)) it would
have had power to make and which it would otherwise have intended to
make”.
24 (1) Section 157 (interim undertakings: Part 4) is amended as follows.
(2) In subsection (1)(b), afte r “143(3)” insert “or (as the case may be) 143A(3)”.
(3) In subsection (6)—
(a) in the definition of “pre-emptive action”, for “or (as the case may be)
147(2)” substitute “, 147(2) or (as the case may be) 147A(2)”, andEnterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 10 — Markets: public interest interventions227
(b) for the definition of “rel evant authority”  substitute—
““the relevant authority” means—
(a) in the case of a restricted PI reference or a full
PI reference, the Secretary of State;
(b) in any other case, the CMA.”
25 In section 158 (interim orders: Part 4), in subsection (1)(b), after “143(3)”
insert “or (as the case may be) 143A(3)”.
26 In section 159 (final undertakings: Part 4), in subsection (2 ), after “147” insert
“or (as the case may be) 147A”.
27 (1) Section 160 (order-making power wh ere final undertakings not fulfilled:
Part 4) is amended as follows.
(2) In subsection (2), for “o r (as the case may be) 147(2)” substitute “, 147(2) or
(as the case may be) 147A(2)”.
(3) In subsection (3),  for “or (as the case may be) 14 7” substitute “or 147 or (as
the case may be) subsections (3) and (4) of section 147A”.
28 In section 161 (final orders: Part 4), in subsection (2), after “147” insert “or (as
the case may be) 147A”.
29 In section 169 (certain duties of relevant authorities to consult: Part 4), in
subsection (6)—
(a) in the definition of “relevant au thority”, at the end insert “or the
Secretary of State”, 
(b) in the definition of “relevant de cision”, in paragraph (b), after
“appropriate Minister” (in the first place where it occurs) insert“(other than the Secretary of State acting alone)”, and
(c) also in that definition, after paragraph (b) insert—
“(ba) in the case of the Secretary of State, any decision by
the Secretary of State—
(i) to make a reference under section 132; 
(ii) to vary under section 135 such a reference;
(iii) in a case where the Secretary of State is
required to make a re ference under section
140A, whether to make a reference undersubsection (5) or (6) of that section; or
(iv) to vary under section 140B a reference made
under section 140A(6).”
30 (1) Section 172 (further publicity requir ements: Part 4) is amended as follows.
(2) In subsection (1), in para graph (a), after “section 131” insert “, other than a
reference treated as so made by  virtue of section 140A(5)(b)”.
(3) In subsection (2), omit paragraph (d).(4) In subsection (3)—
(a) after paragraph (d) insert—
“(da) any reference made by him under section 140A(5) or
(6);
(db) any variation made by him under section 140B of a
reference under sect ion 140A(6);”, andEnterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 10 — Markets: public interest interventions228
(b) in paragraph (e), after “147(2)”  insert “or (as the case may be)
147A(2)”.
(5) In subsection (7), omit “or (2)(d)”.(6) In subsection (7A) (inserted by Schedu le 12), at the end insert “or (3)(da)”.
(7) In subsection (8), in paragraph (a), after “146(2)” insert “or 146A(2)”.
(8) In subsection (10), after “1 47(2)” insert “or 147A(2)”.
31 In section 177 (excisions from reports: Part 4), in subsection (5), omit “, 143(2)
and (5) to (7), 148(3) to (5)”.
32 (1) Section 183 (interpretation: Part 4) is amended as follows.
(2) In subsection (3), in paragraph (a), for the words before sub-paragraph (i)
substitute “where the reference is  made under section 131 or 132—”.
(3) In that subsection , in paragraph (b)—
(a) for the words before sub-para graph (i) substitute “where the
reference is a restricted PI refe rence or a full PI reference—”,
(b) in sub-paragraph (i), after “143(1) or (3)” insert “or (as the case may
be) 143A(2) or (3)”,
(c) in sub-paragraph (ii), omit “(disregarding the fact that the notice was
given)”,
(d) in sub-paragraph (iii), after “143(1 )” insert “or (as the case may be)
143A(2)”,
(e) in sub-paragraph (iv), omit “(disregarding the fact that the notice
was given)”,
(f) for sub-paragraph (v) substitute—
“(v) the Secretary of State has failed to make and
publish a decision under subsection (2) ofsection 146 within the period permitted bysubsection (3) of that section or (as the case
may be) under subsection  (2) of section 146A
within the period permit ted by subsection (6)
of that section and the reference is finallydetermined under paragraph (a) above;”,
(g) in sub-paragraph (vi), omit “(disregarding the fact that the notice
was given)”,
(h) after sub-paragr aph (vi) insert—
“(via) the Secretary of State has made no finding at
all under section 146A(2) and the reference isfinally determined under paragraph (a)above;”,
(i) omit the “or” after sub-paragraph (vii),
(j) after sub-paragraph (vii) insert—
“(viia) the Secretary of State has made an adverse
public interest finding under section 146A(2)but has decided under section 147A(2) neitherto accept an undertaking under section 159nor to make an order under section 161;”, andEnterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 10 — Markets: public interest interventions229
(k) after sub-paragraph (viii) insert “; or
(ix) the Secretary of Stat e has made an adverse
public interest finding under section 146A(2)and has accepted an undertaking undersection 159 or made an order under section161.”
(4) In subsection (4)(c), after “(b)(viii)” insert “or (ix)”.
(5) In subsection (5), for “or (vi) ” substitute “, (vi) or (via)”.
(6) In subsection (6), after “( b)(viii)” insert “and (ix)”.
33 (1) Section 184 (index of defined expressions in Part 4) is amended as follows.
(2) After the entry in the table for “Adv erse effect on competition” insert—
(3) After the entry in the table for “Final  determination of market investigation
reference” insert—
(4) After the entry in the table for “Public  interest consideration being finalised”
insert—
(5) Before the entry in the table for “subordinate legislation” insert—
SCHEDULE 11
Section 36(8)
MARKETS : INVESTIGATION  POWERS
Enforcement of investigation powers
1 After section 174 of the 2002 Act insert—
“174A Enforcement of powers under section 174: general
(1) Where the CMA considers that a person has, without reasonable
excuse, failed to comply with an y requirement of a notice under
section 174, it may impose a penalty in accordance with section 174D.“Adverse public interest finding Section 146A(3)”.
“Full PI reference Section 140A(12)”.
“Public interest expert Section 141B(4)”.
“Restricted PI reference Section 140A(12)”.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 11 — Markets:  investigation powers230
(2) The CMA may proceed (whether at the same time or at different
times) under subsection (1) and section 138A(3) in relation to thesame failure.
(3) Where the CMA considers that a person has intentionally obstructed
or delayed another person in the ex ercise of its powers under section
174(7), it may impose a penalty in accordance with section 174D.
(4) A person commits an offence if  the person intentionally alters,
suppresses or destroys any document which the person has been
required to produce by a notice under section 174.
( 5 ) B u t  a  p e r s o n  d o e s  n o t  c o m m i t  an offence under subsection (4) in
relation to any act which constitutes a failure to comply with a noticeunder section 174 if the CMA has proceeded against the personunder subsection (1) in re lation to that failure.
(6) A person who commits an offenc e under subsection (4) is liable—
(a) on summary conviction, to a fine not exceeding the statutory
maximum;
(b) on conviction on indictment, to imprisonment for a term not
exceeding 2 years or to a fine or to both.
(7) The CMA shall not proceed against a person under subsection (1) in
relation to an act which constitutes an offence under subsection (4) ifthat person has been found guilty of that offence.
(8) In deciding whether and, if so, how to proceed under subsection (1)
or (3) or section 138A(3), the CMA shall have regard to the statement
of policy which was most recently published under section 174E atthe time the failure or (as the case may be) the obstruction or delay
concerned occurred.
(9) In this section—
(a) the reference to the producti on of a document includes a
reference to the production of a legible and intelligible copyof information recorded otherwise than in legible form; and
(b) the reference to suppressing a document includes a reference
to destroying the means of reproducing informationrecorded otherwise than in legible form.
174B Restriction on powers to im pose penalties unde r section 174A
(1) No penalty shall be imposed by vi rtue of section 174A(1) or (3) if
more than 4 weeks have passed since the day which is the relevantday in the case in question; but this subsection shall not apply in
relation to any variation or substitution of the penalty which ispermitted by virtue of this Part.
(2) In the following provisions of th is section, “the section 174 power”
means the power under section 174 to which the failure or (as thecase may be) the obstruction or  delay in question relates.
(3) Where the section 174 power is exercised for the purpose mentioned
in section 174(1)(a), the relevant day is the day when the CMA finally
concludes the carrying out of its section 5 functions.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 11 — Markets: investigation powers231
(4) Where the section 174 power is exercised in connection with an
enforcement function (within the meaning of that section), therelevant day is the day when  the enforcement undertaking
concerned is superseded or releas ed or (as the case may be) the
enforcement order concerned is revoked.
(5) Except where subsection (3) or (4) applies, the relevant day is the day
determined in accordance with the following provisions of this
section.
(6) Where the section 174 power is exercised for the purpose mentioned
in section 174(1)(b) in connection with a matter that is the subject ofa possible reference under section 131, the relevant day is the daywhen the CMA finally decides whether to make the reference.
(7) Where the section 174 power is exercised for the purpose mentioned
in section 174(1)(b) in connection with a matter that is the subject ofa reference under section 131 or 132, the relevant day is the day when
the reference is finally determined (see section 183).
(8) Where the section 174 power is exercised for the purpose mentioned
in section 174(1)(c) in connection wi th a matter that is the subject of a
possible reference under section 14 0A(5) or (6), the relevant day is
the day when the Secretary of State makes the reference.
(9) Where the section 174 power is exercised for the purpose mentioned
in section 174(1)(c) in connection wi th a matter that is the subject of a
reference under section 140A(6), the relevant day is the day when the
reference is finally determined (see section 183).
174C Section 174B: supplementary provision
(1) For the purpose of section 174B (3), the CMA finally concludes the
carrying out of its section 5 functions if—
(a) the CMA publishes the market study report under section
131B(4) or (as the case may be ) gives it to the Secretary of
State under section 140A(3)(b); or
(b) the period permitted for the preparation by the CMA of the
market study report and for the report to be published under
section 131B(4) or (as the case may be) given to the Secretaryof State under section 140A(3)(b ) expires and no such report
has been so prepared or no such action has been taken.
(2) For the purpose of section 174B (3), the time wh en the CMA finally
concludes the carrying out of its section 5 functions is—
(a) in a case falling wi thin subsection (1)(a ), the publication of
the report or (as the case may be) the giving of it to theSecretary of State;
(b) in a case falling within subsec tion (1)(b), the expiry of the
period concerned.
(3) For the purpose of section 174B(6 ), the CMA finally decides whether
to make a reference under section 131 if—
(a) the CMA makes such a reference;
(b) the CMA accepts an undertaking under section 154 instead of
making such a reference;Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 11 — Markets:  investigation powers232
(c) the CMA publishes notice that it has otherwise decided not to
make such a reference; or
(d) the period permitted for the preparation by the CMA of a
market study report in relati on to the matter and for the
report to be published under section 131B(4) has expired and
no such report has been so prepared or published.
(4) For the purpose of section 174B (6), the time wh en the CMA finally
decides whether to make a reference under section 131 is—
(a) in a case falling within subsec tion (3)(a), the making of the
reference;
(b) in a case falling within subsecti on (3)(b), the acceptance of the
undertaking concerned;
(c) in a case falling within subsecti on (3)(c), the publication of the
notice concerned;
(d) in a case falling within subsec tion (3)(d), the expiry of the
period concerned.
(5) In subsection (4)(b) the refere nce to the acceptance of the
undertaking concerned shall, in a case where the CMA has accepteda group of undertakings under section 154, be treated as a referenceto the acceptance of the last undertaking in the group; but
undertakings which vary, supersed e or revoke earlier undertakings
shall be disregarded for the purpos es of subsections (3)(b) and (4)(b).
174D Penalties
(1) A penalty imposed under section 174A(1) or (3) shall be of such
amount as the CMA considers appropriate.
(2) In the case of a penalty imposed under section 174A(1), the amount
may be—
(a) a fixed amount;
(b) an amount calculated by reference to a daily rate; or
(c) a combination of a fixed amount and an amount calculated
by reference to a daily rate.
(3) In the case of a penalty imposed under section 174A(3), the amount
shall be a fixed amount.
(4) A penalty imposed under section 174A(1) shall not—
(a) in the case of a fixed amount, exceed such amount as the
Secretary of State may by order specify;
(b) in the case of an amount calculated by reference to a daily
rate, exceed such amount per day as the Secretary of Statemay so specify; and
(c) in the case of a fixed amount and an amount calculated by
reference to a daily rate, exc eed such fixed amount and such
amount per day as the Secret ary of State may so specify.
(5) A penalty imposed under section 174A(3) shall not exceed such
amount as the Secretary of State may by order specify.
(6) An order under subsection (4) or (5) shall not specify—
(a) in the case of a fixed amount, an amount exceeding £30,000;Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 11 — Markets: investigation powers233
(b) in the case of an amount calculated by reference to a daily
rate, an amount per day exceeding £15,000; and
(c) in the case of a fixed amount and an amount calculated by
reference to a daily rate, a fixed amount exceeding £30,000and an amount per day exceeding £15,000.
(7) Before making an order under subs ection (4) or (5), the Secretary of
State shall consult—
(a) the CMA; and
(b) such other persons as the Secretary of State considers
appropriate.
(8) In imposing a penalty by reference to a daily rate—
(a) no account is to be taken of an y days before the service on the
person concerned of notice of the penalty under section 112(as applied by subs ection (10)); and
(b) unless the CMA determines an earlier date (whether before
or after the penalty is imposed) , the amount payable ceases to
accumulate at the beginning of the earliest  of the days
mentioned in subsection (9).
(9) Those days are—
(a) the day on which the requirement of the notice concerned
under section 174 is satisfied;
(b) the day which is the relevant day in the case in question for
the purposes of section 174B.
(10) Sections 112 to 115 apply in relation to a penalty imposed under
section 174A(1) or (3) as they apply in relation to a penalty imposedunder section 110(1) or (3).
174E Statement of policy on penalties
(1) The CMA shall prepare and publish a statement of policy in relation
to the enforcement of noti ces given under section 174.
(2) The statement shall, in particular, include a statement about the
considerations relevant to the determination of the nature andamount of any penalty imposed under section 174A(1) or (3).
(3) The CMA may revise its statement of policy and, where it does so, it
shall publish the revised statement.
(4) The CMA shall consult such persons as it considers appropriate
when preparing or revising its statement of policy.”
Investigation powers: miscellaneous consequential amendments
2 Part 4 of the 2002 Act (market investigations) is amended as follows.
3 Omit section 175 (enforcement of powers under section 174: offences). 
4 Omit section 176 (investigation powers of the Commission).5 In section 179 (review of decisions unde r Part 4), in subsection (2)(a), for
“section 110(1) or (3) as applied by section 176” substitute “section 174A(1)
or (3)”.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 11 — Markets:  investigation powers234
6 (1) Section 181 (orders under Part 4) is amended as follows.
(2) In subsection (4), for the words from “or 161,” to “section 176” substitute “,
161, 174D(4) or (5), or under section 1 14(3)(b) or (4)(b) as applied by section
174D”.
(3) In subsection (10)—
(a) omit “111(4) or  (6) or”, and 
(b) for “176” substitute “174D”.
SCHEDULE 12 Section 38
MARKETS : TIME -LIMITS
Market studies and decisions whether to  make a reference under section 131
1 Before section 131 of the 2002 Act (power to make market investigation
references) insert—
“Market studies
130A  Duty to publish market study notice
(1) Where the CMA is proposing to ca rry out its functi ons under section
5 in relation to a matter for the pu rposes mentioned in subsection (2),
the CMA must publish a notice under this section (referred to in this
Part as a “market study notice”).
(2) The purposes are—
(a) to consider the extent to wh ich a matter in relation to the
acquisition or supply of  goods or services of one or more than
one description in the Unit ed Kingdom has or may have
effects adverse to the interests of consumers; and
(b) to assess the extent to which steps can and should be taken to
remedy, mitigate or prevent any such adverse effects.
(3) A market study notice shall, in particular, specify—
(a) the matter in relation to wh ich the CMA is proposing to carry
out its functions under section 5;
(b) the period during which repr esentations may be made to the
CMA in relation to the matter; and
(c) the dates by which the CMA is required to comply with the
requirements imposed on it by sections 131A and 131B.”
2 After section 131 of that Act insert—
“131A Decisions about references under section 131: consultation
(1) This section applies to a case where the CMA has published a market
study notice and—
(a) the CMA is proposing to ma ke a reference under section 131
in relation to the matter specified in the notice; or
(b) a representation has been ma de to the CMA within the period
specified in the notice under section 130A(3)(b) to the effectEnterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 12 — Markets: time-limits235
that such a reference should be made but the CMA is
proposing not to make such a reference.
(2) The CMA shall—
(a) publish notice of the proposal concerned; and
(b) consult the relevant person s about the proposal, in such
manner as it considers practica ble, before deciding whether
to make a reference.
(3) The CMA may, for the purposes of subsection (1), ignore any
representation which it consider s to be frivolous or vexatious.
(4) For the purposes of subsection (2 ), a person is a “relevant person” if
the CMA considers that its decision whether to make a reference islikely to have a substantial impa ct on the person’s interests.
(5) In consulting a person for the purposes of this section, the CMA
shall, so far as practicable, give its reasons for the proposal.
(6) In considering what is practicable fo r the purposes of this section, the
CMA shall, in particular, have regard to—
(a) the restrictions imposed by the time-table for making the
decision (see section 131B); and
(b) any need to keep what is proposed, or the reasons for it,
confidential.
131B  Market studies and the making of decisions to refer: time-limits
(1) Where the CMA has published a market study notice in a case to
which section 131A applies, the CM A shall, within the period of 6
months beginning with the date on which it publishes the notice—
(a) publish the notice unde r section 131A(2)(a); and
(b) begin the process of consul tation under section 131A(2)(b)
(but the CMA need not complete the process within thatperiod).
(2) Subsection (3) applies where— 
(a) the CMA has published a market study notice;
(b) no representation has been made to the CMA within the
period specified in the notice under section 130A(3)(b) to the
effect that a reference under section 131 should be made inrelation to the matter specified in the notice; and
(c) the CMA has decided not to make such a reference.
(3) The CMA shall, within the period  of 6 months beginning with the
date on which it publishes the mark et study notice, publish notice of
the decision not to make a reference.
(4) Where the CMA has published a market study notice it shall, within
the period of 12 months beginn ing with the date on which it
publishes the notice, prepare and pub lish a report (referred to in this
Part as a “market study report”) which sets out—
(a) the findings of the CMA in re lation to the matter specified in
the notice; and
(b) the action (if any) which the CMA proposes to take in relation
to the matter.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 12 — Markets: time-limits236
(5) In a case to which section 131A  applies, the market study report
shall, in particular, contain—
(a) the decision of the CMA to make a reference under section
131 in relation to the matter specified in the market studynotice, the decision to accept  an undertaking under section
154 instead of making such a reference or (as the case may be)the decision otherwise not to make such a reference;
(b) the CMA’s reasons for the decision; and
(c) such information as the CMA considers appropriate for
facilitating a proper understa nding of its reasons for the
decision.
(6) Where a market study report contains a decision of the CMA to make
a reference under section 131 in relation to a matter, the CMA shall,at the same time as it publishes the report, make the reference.
(7) This section is subject to section 140A (duty of Secretary of State to
refer in public interest  intervention cases).
131C  Time-limits under section 131B: supplementary
(1) The Secretary of State may by order amend section 131B so as to alter
one or more of the following periods—
(a) the period of 6 months mentio ned in subsection (1) or (3) or
any period for the time being mentioned in either of thosesubsections in substitu tion for that period;
(b) the period of 12 months mentioned in subsection (4) or any
period for the time being there mentioned in substitution for
that period.
( 2 ) B u t  n o  a l t e r a t i o n  m a y  b e  m a d e  b y  v i r t u e  o f  s u b s e c t i o n  ( 1 )  w h i c h
results in—
(a) the period for the time bein g mentioned in subsection (1) or
(3) exceeding 6 months; or
(b) the period for the time bein g mentioned in subsection (4)
exceeding 12 months.
(3) Before making an order under this section the Secretary of State shall
consult the CMA and such other persons as the Secretary of Stateconsiders appropriate.”
Market investigations and reports
3 (1) Section 137 of the 2002 Act (time- limits for market investigations and
reports) is amended as follows.
(2) In subsection (1), for “two years” substitute “18 months”.
(3) After subsection (2) insert—
“(2A) The CMA may extend, by no more  than 6 months, the period within
which its report under section 136 is  to be prepared and published if
it considers that there are special reasons for doing so.
(2B) An extension under subsection (2A) shall come into force when
published under section 172.
(2C) No more than one extension is  possible under subsection (2A).”Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 12 — Markets: time-limits237
(4) For subsection (3) substitute—
“(3) The Secretary of State may by order amend this section so as to alter
one or more of the following periods—
(a) the period of 18 months mentioned in subsection (1) or any
period for the time being there mentioned in substitution for
that period;
(b) the period of 6 months mentioned in subsection (2A) or any
period for the time being there mentioned in substitution for
that period.”
(5) For subsection (4) substitute—
“ ( 4 ) B u t  n o  a l t e r a t i o n  s h a l l  b e  m a d e  b y  v i r t u e  o f  s u b s e c t i o n  ( 3 )  w h i c h
results in—
(a) the period for the time bein g mentioned in subsection (1)
exceeding 18 months; or
(b) the period for the time bein g mentioned in subsection (2A)
exceeding 6 months.”
Remedies implementation
4 In section 138 of the 2002 Act (duty to remedy adverse effects), in subsection
(2), after “shall,” insert “within the period permitted by section 138A,”.
5 After section 138 of that Act insert—
“138A Time-limits for discha rging duty under section 138
(1) The CMA shall discharge its duty under section 138(2) within the
period of 6 months beginning with the date on which it publishes the
report concerned under section 136.
(2) The CMA may extend, by no more than 4 months, the period within
which its duty under section 138(2) is  required to be discharged if it
considers that there are special reasons for doing so.
(3) The CMA may extend the period wi thin which its duty under section
138(2) is required to be discharged if it considers that— 
(a) a person has failed (wheth er with or without reasonable
excuse) to comply with any re quirement of a notice under
section 174 which was given in relation to the reference; and
(b) the failure is preventing th e CMA from properly discharging
its duty under section 138(2).
(4) An extension under subsection (2) or (3) shall come into force when
published under section 172.
(5) An extension under subsection  (3) continues in force until—
(a) the person concerned provides the information or documents
to the satisfaction of the CMA or (as the case may be) appears
as a witness in accordance with the requirements of the CMA;or
(b) the CMA publishes its decision to cancel the extension.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 12 — Markets: time-limits238
138B Section 138A: supplementary
(1) A period extended under section 138A(2) may also be extended
under section 138A(3), and a period extended under section 138A(3)may also be extended under section 138A(2).
(2) No more than one extension is possible under section 138A(2).
(3) Where a period is extended or further extended under section
138A(2) or (3), the period as extend ed or (as the case may be) further
extended shall, subject to subsecti ons (4) and (5), be calculated by
taking the period being extended an d adding to it the period of the
extension (whether or not those periods overlap in time).
(4) Subsection (5) applies where—
(a) the period within which th e CMA shall discharge its duty
under section 138(2) is further extended;
(b) the further extension and at least one previous extension is
made under section 138A(3); and
(c) the same days or fractions of days are included in or comprise
the further extension and are included in or comprise at leastone such previous extension.
(5) In calculating the period of the further extension, any days or
fractions of days of the kind ment ioned in subsecti on (4)(c) shall be
disregarded.
(6) The Secretary of State may by order amend section 138A so as to alter
one or more of the following periods—
(a) the period of 6 months mentioned in subsection (1) or any
period for the time being there mentioned in substitution for
that period;
(b) the period of 4 months mentioned in subsection (2) or any
period for the time being there mentioned in substitution for
that period.
( 7 ) B u t  n o  a l t e r a t i o n  s h a l l  b e  m a d e  b y  v i r t u e  o f  s u b s e c t i o n  ( 6 )  w h i c h
results in—
(a) the period for the time being mentioned in section 138A(1)
exceeding 6 months; or
(b) the period for the time being mentioned in section 138A(2)
exceeding 4 months.
(8) Before making an order under subsection (6) the Secretary of State
shall consult the CMA and such ot her persons as the Secretary of
State considers appropriate.”
Time-limits: public interest intervention cases
6 (1) Section 144 of the 2002 Act (time-li mits for investigations and reports in
public interest intervention cases) is amended as follows.
(2) In subsection (1), for “two years” substitute “18 months”.
(3) After subsection (1A) (ins erted by Schedule 10) insert—
“(1B) The CMA may extend, by no more than 6 months, the period within
which its report under section 142 is to be prepared and action is toEnterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 12 — Markets: time-limits239
be taken in relation to it under sect ion 143(1) or (3) or (as the case may
be) 143A(2) or (3) if it considers that there are special reasons for
doing so.
(1C) An extension under subsection (1B) shall come into force when
published under section 172.
(1D) No more than one extension is  possible under subsection (1B).”
(4) In subsection (2)—
(a) after “amend” insert “—
(a) ”,
(b) for “two years” subs titute “18 months”, and
(c) at the end insert “;
(b) subsection (1B) so as to alter the period of 6 months
mentioned in that subsecti on or any period for the
time being mentioned in  that subsection in
substitution for that period.”
(5) In subsection (3)—
(a) after “results in” insert “—
(a) ”,
(b) for “two years” subs titute “18 months”, and
(c) at the end insert “;or
(b) the period for the time being mentioned in subsection
(1B) exceeding 6 months.”
Time-limits: consequential and other minor amendments
7 Part 4 of the 2002 Act (market investigations) is amended as follows.
8 In the heading of that Part, at the beginning insert “Market Studies and”.9 In the heading of Chapter 1, at the beginning insert “Market Studies and”.
10 (1) Section 132 (ministerial power to make references) is amended as follows.
(2) In subsection (1)— 
(a) after “services” insert “—
(a) ”, and
(b) at the end insert “; and
(b) in a case in which the CMA has published a market
study notice under section 130A, the periodpermitted by section 131B for the preparation andpublication by the CMA of the market study reporthas expired.”
(3) In subsection (2)(b), for “to make such a reference”  substitute “to publish a
market study notice in relati on to the matter concerned”.
11 In section 135 (variation of references), omit subsection (4).
12 In section 156 (effect of undertakings under section 154), after subsection (2)
insert—
“(3) The expiry of the period mentioned in section 131B(4) does not
prevent the making of a market investigation reference if the CMAEnterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 12 — Markets: time-limits240
has accepted an undertaking or gr oup of undertakings under section
154 and—
(a) the CMA considers that any undertaking concerned has been
breached and has given notice of that fact to the personresponsible for giving the undertaking; or
(b) the person responsible for giving any undertaking concerned
supplied, in connection with the matter, information to theOFT which was false or misleadi ng in a material respect.”
13 In section 169 (certain duties of relevant authorities to consult: Part 4), in
subsection (6), in the defini tion of “relevant decision”—
(a) in paragraph (a), for su b-paragraph (i) substitute—
“(i) to make a reference un der section 131 in a case
where the CMA has not published a marketstudy notice under section 130A in relation tothe matter concerned;
(ia) as to whether to accept undertakings under
section 154 instead of making any referenceunder section 131;”, and
(b) in paragraph (b)(i), omit “as to whether”.
14 (1) Section 172 (further publicity requir ements: Part 4) is amended as follows.
(2) In subsection (1), af ter paragraph (a) insert—
“(aa) any decision not to make a reference under section 131
following a consultation in rela tion to the matter concerned
under section 169;”.
(3) In subsection (2)—
(a) before paragraph (a) insert—
“(za) any extension by it under section 137 of the period
within which a report under section 136 is to beprepared and published;
(zb) any extension by it under section 138A of the period
within which its duty under section 138(2) is to bedischarged;”, and
(b)  after paragraph (b) insert—
“(ba) any extension by it under section 144 of the period
within which a report under section 142 is to beprepared and action is to be  taken in relation to it;”.
(4) After subsection (7) insert—
“(7A) Subsection (6) shall not apply in relation to any case falling within
subsection (1)(a).”
15 In section 179 (review of decisions un der Part 4), in subsection (2), before
paragraph (a) insert—
“(za) does not include a decision whether to carry out functions
under section 5 in a case where the CMA is, or would havebeen, required to publish a ma rket study notice (see section
130A(1));”.
16 (1) Section 181 (orders under Part 4) is amended as follows.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 12 — Markets: time-limits241
(2) In subsection (3),  for “136(9), 137(3)” substitute “131C(1), 136(9), 137(3),
138B(6)”.
(3) In subsection (4), fo r “137(3)” substitute “131C(1), 137(3), 138B(6)”.
17 In section 184 (index of defined expres sions in Part 4), after the entry in the
table for “market investigation reference” insert—
SCHEDULE 13 Section 41
EXTENSION  OF POWERS  TO ISSUE  WARRANTS  UNDER  THE 1998 A CT TO CAT
1 The 1998 Act is amended as follows.
2 (1) Section 28 (power to enter business premises under a warrant) is amended
as follows.
(2) In subsection (1), for the words be fore paragraph (a) substitute “On an
application made to it by the CMA, the court or the Tr ibunal may issue a
warrant if it is satisfied that—”.
(3) In subsection (3), for “the judge” substi tute “the court or (as the case may be)
the Tribunal”.
(4) After subsection (7) insert—
“(7A) An application for a warrant under this section must be made—
(a) in the case of an application to the court, in accordance with
rules of court;
(b) in the case of an application to the Tribunal, in accordance
with Tribunal rules.”
3 (1) Section 28A (power to enter domestic premises under a warrant) is amended
as follows.
(2) In subsection (1), for the words be fore paragraph (a) substitute “On an
application made to it by the CMA, the court or the Tr ibunal may issue a
warrant if it is satisfied that—”.
(3) In subsection (3), for “the judge” substi tute “the court or (as the case may be)
the Tribunal”.
(4) After subsection (8) insert—
“(8A) An application for a warrant under this section must be made—
(a) in the case of an application to the court, in accordance with
rules of court;
(b) in the case of an application to the Tribunal, in accordance
with Tribunal rules.”
4 In section 61 (interpretation of Part 2) , after the definition of “the Treaty”“Market study notice Section 130A(1)
“Market study report Section 131B(4)”.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 13 — Extension of  powers to issue warrants under the 1998 Act to CAT242
insert—
““the Tribunal” means the Competition Appeal Tribunal;”“Tribunal rules” means rules unde r section 15 of the Enterprise
Act 2002.””.
5 (1) Section 62 (power to enter busine ss premises under a warrant: Article 20
inspections) is amended as follows.
(2) In subsection (1), for the words be fore paragraph (a) substitute “On an
application made to it by the CMA, the High Court or the Tribunal must
issue a warrant if it is satisfied that—”.
(3) After subsection (8) insert—
“(8A) An application for a warrant under this section must be made—
(a) in the case of an application to the High Court, in accordance
with rules of court;
(b) in the case of an application to the Tribunal, in accordance
with Tribunal rules.”
6 (1) Section 62A (power to enter non-business premises under a warrant: Article
21 inspections) is amended as follows.
(2) In subsection (1), for the words be fore paragraph (a) substitute “On an
application made to it by the CMA, the High Court or the Tribunal must
issue a warrant if it is satisfied that—”.
(3) After subsecti on (10) insert—
“(10A) An application for a warrant under this section must be made—
(a) in the case of an application to the High Court, in accordance
with rules of court;
(b) in the case of an application to the Tribunal, in accordance
with Tribunal rules.”
7 (1) Section 63 (power to enter business premises under a warrant: Article 22(2)
inspections) is amended as follows.
(2) In subsection (1), for the words be fore paragraph (a) substitute “On an
application made to it by the CMA, the High Court or the Tribunal must
issue a warrant if it is satisfied that—”.
(3) After subsection (8) insert—
“(8A) An application for a warrant under this section must be made—
(a) in the case of an application to the High Court, in accordance
with rules of court;
(b) in the case of an application to the Tribunal, in accordance
with Tribunal rules.”
8 In section 65C (interpretation of Part 2A), in subsection (2), after the entry for
“the Treaty” (but before th e “and” following it) insert—
““the Tribunal;”
“Tribunal rules;””.
9 (1) Section 65G (power to enter business premises under a wa rrant: Article 22(1)
investigations) is amended as follows.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 13 — Extension of powers to is sue warrants under the 1998 Act to CAT243
(2) In subsection (1), for the words be fore paragraph (a) substitute “On an
application made to it by the CMA, the court or the Tr ibunal may issue a
warrant if it is satisfied that—”.
(3) In subsection (3), for “the judge” substi tute “the court or (as the case may be)
the Tribunal”.
(4) After subsection (8) insert—
“(8A) An application for a warrant under this section must be made—
(a) in the case of an application to the court, in accordance with
rules of court;
(b) in the case of an application to the Tribunal, in accordance
with Tribunal rules.”
10 (1) Section 65H (power to enter domest ic premises under a warrant: Article
22(1) investigations) is amended as follows.
(2) In subsection (1), for the words be fore paragraph (a) substitute “On an
application made to it by the CMA, the court or the Tr ibunal may issue a
warrant if it is satisfied that—”.
(3) In subsection (3), for “the judge” substi tute “the court or (as the case may be)
the Tribunal”.
(4) After subsection (8) insert—
“(8A) An application for a warrant under this section must be made—
(a) in the case of an application to the court, in accordance with
rules of court;
(b) in the case of an application to the Tribunal, in accordance
with Tribunal rules.”
SCHEDULE 14 Section 51(5)
REGULATORS : USE OF POWERS  UNDER  THE 1998 A CT
Gas Act 1986 (c. 44)
1 The Gas Act 1986 is amended as follows.
2 (1) Section 28 (orders for securing compliance) is amended as follows.
(2) In subsections (1), (2) and (4), for “( 5) and” (in each place where it occurs)
substitute “(4A) to”.
(3) After subsection (4) insert—
“(4A) Before making a final order or making or confirming a provisional
order, the Authority shall consider whether it would be moreappropriate to proceed under the Competition Act 1998.
(4B) The Authority shall not make a final order or ma ke or confirm a
provisional order if it considers th at it would be more appropriate to
proceed under the Competition Act 1998.”
(4) In subsection (5), omit paragr aph (c) and the “or” preceding it.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 14 — Regulators: u se of powers under the 1998 Act244
(5) In subsection (6)—
(a) in the words before paragraph (a ), after “the Authority” insert
“decides that it would be more appropriate to proceed under the
Competition Act 1998 or”, and
(b) in paragraph (a), after “that it” insert “has so decided or”.
3 In section 30A (penalties), fo r subsection (2) substitute—
“(2) Before imposing a penalty on a regulated person under
subsection (1), the Authority shal l consider whether it would be
more appropriate to proceed under the Competition Act 1998.
(2A) The Authority shall not impose a penalty on a regulated person
under subsection (1) if it considers that it would be more appropriateto proceed under the Competition Act 1998.”
Electricity Act 1989 (c. 29)
4 The Electricity Act 1989  is amended as follows.
5 (1) Section 25 (orders for securing compliance) is amended as follows.
(2) In subsections (1), (2) and (4), for “( 5) and” (in each place where it occurs)
substitute “(4A) to”.
(3) After subsection (4) insert—
“(4A) Before making a final order or making or confirming a provisional
order, the Authority shall consider whether it would be moreappropriate to proceed under the Competition Act 1998.
(4B) The Authority shall not make a final order or ma ke or confirm a
provisional order if it considers th at it would be more appropriate to
proceed under the Competition Act 1998.”
(4) In subsection (5), omit paragr aph (d) and the “or” preceding it.
(5) In subsection (6)—
(a) in the words before paragraph (a ), after “the Authority” insert
“decides that it would be more appropriate to proceed under the
Competition Act 1998 or”, and
(b) in paragraph (a), after “that it” insert “has so decided or”.
6 In section 27A (penalties), fo r subsection (2) substitute—
“(2) Before imposing a penalty on a regulated person under
subsection (1), the Authority shal l consider whether it would be
more appropriate to proceed under the Competition Act 1998.
(2A) The Authority shall not impose a penalty on a regulated person
under subsection (1) if it considers that it would be more appropriateto proceed under the Competition Act 1998.”
7 In section 43 (functions with respect to co mpetition), in subsection (6), for the
words from the beginning to “(3) above” substitute “If any question arises asto whether subsection (2) or (3) ab ove applies to any particular case”.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 14 — Regulators: use of powers under the 1998 Act245
Water Industry Act 1991 (c. 56)
8 The Water Industry Act 1991 is amended as follows.
9 (1) Section 19 (exception to duty to enforce) is amended as follows. 
(2) For subsection (1A) substitute—
“(1A) Before making an enforcement order or confirming a provisional
enforcement order, the Authority s hall consider whether it would be
more appropriate to proceed under the Competition Act 1998.
(1B) The Authority shall not make an  enforcement order or confirm a
provisional enforcement order if it  considers that it would be more
appropriate to proceed under the Competition Act 1998.”
(3) In subsection (3)—
(a) in the words before pa ragraph (a), for “is satisfied as mentioned in
subsection (1A) above” substitute “has decided that it would be more
appropriate to proceed under the Competition Act 1998”, and
(b) in paragraph (a), after “satisfied” insert “or has so decided”.
10 In section 22A (penalties), fo r subsection (1 3) substitute—
“(13) Before imposing a penalty under this section, the Authority shall
consider whether it would be more appropriate to proceed under theCompetition Act 1998.
(14) The Authority shall not impose a penalty under this section if it
considers that it would be more appropriate to proceed under theCompetition Act 1998.”
Railways Act 1993 (c. 43)
11 The Railways Act 1993 is amended as follows.
12 (1) Section 55 (orders for securing  compliance) is amended as follows.
(2) For subsection (5A) substitute—
“(5A) Before making a final order or making or confirming a provisional
order, the Office of Rail Regulation  shall consider whether it would
be more appropriate to proceed under the Competition Act 1998.
(5AA) The Office of Rail Regulation sh all not make a final order or make or
confirm a provisional order if it considers that it would be moreappropriate to proceed under the Competition Act 1998.”
(3) In subsection (5D)(b), fo r “(5A)” substitute “(5AA)”.
13 In section 57A (penalties), for subsection (6) substitute—
“(6) Before imposing a penalty under this section, the Office of Rail
Regulation shall consider whether it would be more appropriate toproceed under the Competition Act 1998.
(7) The Office of Rail Regulation sh all not impose a penalty under this
section if it considers that it would be more appropriate to proceedunder the Competition Act 1998.”Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 14 — Regulators: u se of powers under the 1998 Act246
14 In section 67 (functions of the Offi ce of Rail Regulati on with respect to
competition), in subsection (8), for the words from the beginning to “(3)
above” substitute “If any question arises as to whether subsection (2) or (3)above applies to any particular case”.
Transport Act 2000 (c. 38)
15 (1) Section 21 of the Transport Act 2 000 (exceptions to duties to secure
compliance) is amended as follows.
(2) In subsection (1), omit paragr aph (b) and the “or” preceding it.
(3) After subsection (5) insert—
“(6) Before making a final order or making or confirming a provisional
order, the CAA must consider whether it would be more appropriateto proceed under the Competition Act 1998.
(7) The CAA must not make a final order or make or confirm a
provisional order to the extent that it considers that it would be more
appropriate to proceed under the Competition Act 1998.”
Communications Act 2003 (c. 21)
16 The Communications Act 2003 is amended as follows.
17 In section 94 (notification of contravention of SMP apparatus conditions), for
subsection (10) substitute—
“(10) Before giving a notification under this section, OFCOM must
consider whether it would be more appropriate to proceed under theCompetition Act 1998.
(10A) OFCOM must not give a notifi cation under this section if they
consider that it would be more appropriate to proceed under theCompetition Act 1998.
(10B) In a case where OFCOM decide that it would be more appropriate to
proceed under the Competition Ac t 1998, they must publish a
statement to that effect in such manner as they consider appropriatefor bringing their decision to th e attention of persons whom they
consider are likely to be affected by it.”
18 In section 96A (notification of contravention of condition other than SMP
apparatus condition), for su bsection (5) substitute—
“(5) Before giving a notification under this section, OFCOM must
consider whether it would be more appropriate to proceed under theCompetition Act 1998.
(6) OFCOM must not give a notifica tion under this section if they
consider that it would be more appropriate to proceed under theCompetition Act 1998.
(7) In a case where OFCOM decide that  it would be more appropriate to
proceed under the Competition Ac t 1998, they must publish a
statement to that effect in such manner as they consider appropriatefor bringing their decision to th e attention of persons whom they
consider are likely to be affected by it.”Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 14 — Regulators: use of powers under the 1998 Act247
Postal Services Act 2011 (c. 5)
19 In Schedule 7 to the Postal Servic es Act 2011 (enforcement of regulatory
requirements) for paragraph 4 substitute—
“4 (1) Before giving a notification under paragraph 2, OFCOM must
consider whether it would be more appropriate to proceed underthe Competition Act 1998.
(2) OFCOM must not give a notifi cation under paragraph 2 if they
consider that it would be more appropriate to proceed under the
Competition Act 1998.
(3) In a case where OFCOM decide that it would be more appropriate
to proceed under the Competition Act 1998, they must publish astatement to that effect in such manner as they consider
appropriate for bringing their deci sion to the attention of persons
whom they consider are like ly to be affected by it.”
Health and Social Care Act 2012 (c. 7)
20 The Health and Social Care Act 2012 is amended as follows.
21 In section 105 (discretionary requirem ents), after subsec tion (3) insert—
“(3A) Before imposing a discretionary requirement on a person mentioned
in subsection (1)(b), Monitor mu st consider whether it would be
more appropriate to proceed under the Competition Act 1998.
(3B) Monitor must not impose a disc retionary requirement on such a
person if it considers that it wo uld be more appropriate to proceed
under the Competition Act 1998.”
22 In section 106 (enforcement undertakings), after subsection (3) insert—
“(3A) Before accepting an enforcement undertaking from a person
mentioned in subsection  (1)(b), Monitor must consider whether it
would be more appropriate to proceed under the Competition Act1998.
(3B) Monitor must not accept an enforcement undertaking from such a
person if it considers that it wo uld be more appropriate to proceed
under the Competition Act 1998.”
The Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1))
23 In article 46 of the Electricity (Northern Ireland) Order 1992, in paragraph
(6), for the words from th e beginning to “(2A) or (3)” substitute “If any
question arises as to whether paragrap h (2) or (3) applies to any particular
case”.
The Energy (Northern Ireland) Order 2003 (S.I. 2003/419 (N.I. 6))
24 The Energy (Northern Ireland) Or der 2003 is amended as follows.
25 (1) Article 42 (orders for securing  compliance) is amended as follows.
(2) In paragraph (1), for “, (5) and” substitute “and (5) to”.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 14 — Regulators: u se of powers under the 1998 Act248
(3) In paragraphs (2) and (4), for “(5) and” substitute “(5) to”.
(4) In paragraph (5), omit sub-paragr aph (b) and the “or” preceding it.
(5) After that paragraph insert—
 “(5A) Before making a final order or making or confirming a provisional
order in relation to a licence holder, the Authority shall consider
whether it would be more appr opriate to proceed under the
Competition Act 1998.
(5B) The Authority shall not make a final order or make or confirm a
provisional order in relation to a licence holder if it considers that
it would be more appropriate to  proceed under the Competition
Act 1998.”
(6) In paragraph (7)—
(a) in the words before sub-paragraph (a), after “(6)” insert “or decides
that it would be more appropriat e to proceed under the Competition
Act 1998”, and
(b) in sub-paragraph (a), after “satisfied” insert “or has so decided”.
26 In article 45 (financial penaltie s), for paragraph (3) substitute—
 “(3) Before imposing a penalty under paragraph (1) or (2) the
Authority shall consider whether it would be more appropriate to
proceed under the Competition Act 1998.
(3A) The Authority shall not impose a penalty under paragraph (1) or
(2) if it considers that it would be more appropriate to proceedunder the Competition Act 1998.”
The Water and Sewerage Services (Northern Irel and) Order 2006 (S.I. 2006/3336 (N.I. 21))
27 The Water and Sewerage Services (Northern Ireland) Order 2006 is amended
as follows.
28 (1) Article 31 (exceptions to duty to enforce) is amended as follows.
(2) In paragraph (1), omit sub-paragr aph (d) and the “or” preceding it.
(3) After that paragraph insert—
 “(1A) Before making an enforcement order or confirming a provisional
enforcement order under Article 30, the Authority shall consider
whether it would be more appr opriate to proceed under the
Competition Act 1998.
(1B) The Authority shall not make an  enforcement order or confirm a
provisional enforcement order under that Article if it considers
that it would be more appropriate to proceed under theCompetition Act 1998.”
(4) In paragraph (3)—
(a) in the words before sub-paragraph (a)—
(i) for “, (c) or (d)” substitute “or (c)”, and
(ii) after “paragraph (1)” insert “or decides that it would be more
appropriate to proceed under the Competition Act 1998”, and
(b) in sub-paragraph (a), after “so sati sfied” insert “or has so decided”.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 14 — Regulators: use of powers under the 1998 Act249
29 In article 35 (financial penaltie s), for paragraph (11) substitute—
 “(11) Before imposing a penalty under this Article the Authority shall
consider whether it would be more appropriate to proceed underthe Competition Act 1998.
(12) The Authority shall not impose a penalty under this Article if it
considers that it would be more appropriate to proceed under the
Competition Act 1998.”
SCHEDULE 15
Section 57
MINOR  AND  CONSEQUENTIAL  AMENDMENTS : PART 4
Civil Aviation Act 1982 (c. 16)
1 In Schedule 1 to the Civil Aviation Act 1982 (constitution etc. of the
Authority), in paragraph 15—
(a) the existing text becomes sub-paragraph (1), and
(b) after that sub- paragraph insert—
 “(2) The power in sub-paragraph (1) is subject to provision in
rules made under section 51 of the Competition Act 1998b y  v i r t u e  o f  p a r a g r a p h  1 A  o f  S c h e d u l e  9  t o  t h a t  A c t  i nrespect of the exercise of a function under Part 1 of that
Act.”
Gas Act 1986 (c. 44)
2 In section 36A of the Gas Act 1986 (functions with respect to competition), in
subsections (3), (3A) and (7)(b), after “38(1) to (6)” (in each place where it
occurs) insert “, 40B(1) to (4)”.
Electricity Act 1989 (c. 29)
3 In section 43 of the Electricity Act 1989 (functions with respect to
competition), in subsections (3), (3A) an d (6)(b), after “38(1) to (6)” (in each
place where it occurs) insert “, 40B(1) to (4)”.
Water Industry Act 1991 (c. 56)
4 The Water Industry Act 1991 is amended as follows.
5 In section 31 (functions with respect to competition), in subsections (3), (4A)
and (8)(b), after “38(1) to (6)” (in each  place where it occurs) insert “, 40B(1)
to (4)”.
6 In Schedule 1A (constitution etc. of the Authority), in paragraph 10, after
sub-paragraph (2) insert—
 “(3) Sub-paragraph (1) is subject to provision in rules made under
section 51 of the Competition Act 1998 by virtue of paragraph 1AEnterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 15 — Minor and conseq uential amendments: Part 4250
of Schedule 9 to that Act in resp ect of the exercise of a function
under Part 1 of that Act.”
Railways Act 1993 (c. 43)
7I n  s e c t i o n  6 7  o f  t h e  R a i l w a y s  Act 1993 (functions with respect to
competition), in subsections (3), (3A) an d (8)(b), after “38(1) to (6)” (in each
place where it occurs) insert “, 40B(1) to (4)”.
Competition Act 1998 (c. 41)
8 The Competition Act 1998 is amended as follows.
9 In section 26 (powers when conducting investigations), in  subsection (3)(b),
for “42 to” substitute “43 and”.
10 In section 38 (guidance on level of penalties), in subsection (9), for “an appeal
tribunal” subs titute “the Tribunal”.
11 In section 54 (regulators), in subsection (1)—
(a) omit paragraph (c), and
(b) for paragraph (f) substitute—
“(f) the Northern Irelan d Authority for Utility
Regulation;”.
12 (1) Schedule 1 (exclusions: mergers and concentrations) is amended as follows.
(2) In paragraph 5—
(a) omit “to the Competition Commission” (in each place where it
occurs), and
(b) for “the Commission” (in each pl ace where it occurs) substitute “the
CMA”.
Utilities Act 2000 (c. 27)
13 In Schedule 1 to the Utilities Act 2000  (constitution etc. of the Authority), in
paragraph 9, after sub-paragraph (2) insert—
 “(2A) Sub-paragraph (1) is subject to provision in rules made under
section 51 of the Competition Act 1998 by virtue of paragraph 1Aof Schedule 9 to that Act in resp ect of the exercise of a function
under Part 1 of that Act.”
Transport Act 2000 (c. 38)
14 In section 86 of the Transport Act 2000 (functions with respect to
competition), in subsections (3), (4)(b) an d (7)(b), after “38(1) to (6)” (in each
place where it occurs) insert “, 40B(1) to (4)”.
Enterprise Act 2002 (c. 40)
15 The Enterprise Act 2002 is amended as follows.
16 (1) Section 25 (extension of ti me-limits) is amended as follows.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 15 — Minor and conseq uential amendments: Part 4251
(2) In subsection (2), for the words from “has failed” to the end of the subsection
substitute “has failed (with or without a reasonable excuse) to comply withany requirement of a notice under section 109”.
(3) For subsection (3) substitute—
“(3) An extension under subsection (2 ) shall come into force when notice
of the extension is given and end—
(a) when the person concerned provides the information or
documents to the satisfaction of the CMA or (as the case maybe) appears as a witness in accordance with the requirementsof the CMA; or
(b) if earlier, the CMA cancels the extension.”
17 Omit section 31 (information powers in relation to completed mergers).
18 (1) Section 32 (supplementary provision for purposes of sections 25 and 31) is
amended as follows.
(2) Omit subsections (1) to (3).
(3) In subsection (4), omit “or subsection (3)(a) above”.
(4) In the heading, for “sections 25  and 31” substitute “section 25”.
19 (1) Section 34A (duty where case referred by European Commission) is
amended as follows.
(2) For subsection (5) substitute—
“(5) The CMA may extend the preliminary assessment period if it
considers that any of the persons carrying on the enterprisesconcerned has failed (whether with or without reasonable excuse) tocomply with any requirement of a notice under section 109.”
(3) For subsection (6) substitute—
“(6) An extension under subsection (5) shall come into force when
published under section 107.
(6A) An extension under subsection (5) shall continue in force until—
(a) the person concerned provides the information or documents
to the satisfaction of the CMA or (as the case may be) appears
as a witness in accordance with the requirements of the CMA;or
(b) the CMA publishes its decision to cancel the extension.”
(4) Omit subsection (7).
20 Omit section 34B (power to requ est information in referred cases).
21 (1) Section 42 (intervention by Secretary of  State in certain public interest cases)
is amended as follows.
(2) In subsection (1),  in paragraph (d)(i)—
(a) for “section 22(3)(a) or (e)” substi tute “section 22(3)(za), (a) or (e)”,
and
(b) for “33(3)(a) or (e)” substi tute “33(3)(za), (a) or (e)”. 
(3) In subsection (5), for “to 32” substitute “to 30”.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 15 — Minor and conseq uential amendments: Part 4252
(4) In subsection (6), in the words before paragraph (a), for “t o 32” substitute “to
30”.
(5) In that subsection, in pa ragraph (b), for “sections 25 (1) to (3), (6) and (8) and
31” substitute “section 25 (1) to (3), (6) and (8)”.
(6) In that subsection , in paragraph (h)—
(a) omit “, and the power to reques t information under section 31(1) as
so applied,”, and
(b) after “existing time-limits” insert “by virtue of section 24 (as so
applied)”.
(7) In that subsection, in paragraph (i), after “existing time-limits” insert “by
virtue of section 24 (as so applied)”.
(8) In that subsection , omit paragraph (j).
(9) In that subsection, in  paragraph (k), for “to 32” substitute “to 30”.
(10) In that subsection, omit paragraph (l) and the word “and” immediately
preceding it.
22 In section 46 (referen ces under section 45: supplementary), in subsection
(1)(a), omit “or 96(3)”.
23 (1) Section 46B (extension of preliminary assessment period) is amended as
follows.
(2) For subsection (1) substitute—
“(1) The CMA may extend the preliminary assessment period for the
purposes of section 46A if it co nsiders that any of the persons
carrying on the enterprises concer ned has failed (w hether with or
without reasonable excuse) to comply with any requirement of anotice under section 109.”
(3) Omit subsection (2).
(4) For subsection (3) substitute—
“(3) An extension under subsection (1) shall come into force when
published under section 107.
(3A) An extension under subsection (1) shall continue in force until—
(a) the person concerned provides the information or documents
to the satisfaction of the CMA or (as the case may be) appears
as a witness in accordance with the requirements of the CMA;or
(b) the CMA publishes its decision to cancel the extension.”
(5) Omit subsection (4).
24 Omit section 46C (power to requ est information in referred cases).
25 (1) Section 49 (variation of references under section 45) is amended as follows.
(2) In subsection (2), omit “1,”.
(3) In subsection (3), omit “1,”.
(4) In subsection (4) —Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 15 — Minor and conseq uential amendments: Part 4253
(a) omit “any undertaking accepted under paragraph 1 of Schedule 7,
or”, and
(b) for “that Schedule” substitute “Schedule 7”.
(5) In subsection (5)—
(a) omit “undertaking or” (in each place wher e it occurs),
(b) omit “, accepted or” (in each  place where it occurs), and
(c) omit “, superseded, released”.
26 (1) Section 59 (intervention by Secretary of State in special public interest cases)
is amended as follows.
(2) In subsection (5), for “to 32” substitute “to 30”.
(3) In subsection (6), in the words before paragraph (a), for “t o 32” substitute “to
30”.
(4) In that subsection, in paragraph (c), fo r “sections 25(1) to (3), (6) and (8) and
31” substitute “section 25 (1) to (3), (6) and (8)”.
(5) In that subsection, in paragraph (g ), omit “, and the power to request
information under section 31(1) as so applied,”.
(6) In that subsection , omit paragraph (h).
(7) In that subsection, in  paragraph (i), for “to 32” substitute “to 30”.
(8) In that subsection, omit paragraph (j) and the word “and” immediately
preceding it.
27 (1) Section 64 (cancellation and variation of references under section 62) is
amended as follows.
(2) In subsection (3), omit “1,”.(3) In subsection (4)—
(a) omit “any undertaking accepted under paragraph 1 of Schedule 7,
or”, and
(b) for “that Schedule” substitute “Schedule 7”.
(4) In subsection (5)—
(a) omit “undertaking or” (in each place wher e it occurs),
(b) omit “, accepted or” (in each  place where it occurs), and
(c) omit “, superseded, released”.
28 (1) Section 67 (intervention to protec t legitimate interests) is amended as
follows.
(2) In subsection (7), for “to 32” substitute “to 30”.
(3) In subsection (8), in the words before paragraph (a), for “t o 32” substitute “to
30”.
(4) In that subsection, in paragraph (d), for “sections 25, 31 and 32” substitute
“section 25”.
29 In section 68 (scheme for protecting le gitimate interests), in subsection (4)(a),
for “to 32” subs titute “to 30”.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 15 — Minor and conseq uential amendments: Part 4254
30 In section 77 (restrictions on certai n share dealings: completed mergers), in
subsection (1)(b), omit “71 or”.
31 In section 78 (restrictions on certain share dealings: anticipated mergers), in
subsection (1)(b), for “section 81 ” substitute “section 72 or 81”.
32 In section 89 (subject matter of  undertakings), in subsection (2)—
(a) omit “71,”, and
(b) omit “1,”.
33 (1) Section 93 (further role of OFT in relation to undertakings and orders) is
amended as follows.
(2) In subsection (1), in paragraph (b), omit “1,”.
(3) In subsection (2), omit “1,”.
(4) In subsection (4), omit “1,”.
34 In section 94 (rights to enforce undert akings and orders), in subsection (8),
omit “1,”.
35 (1) Section 99 (functions in relation to  merger notices) is amended as follows.
(2) Omit subsections (2) to (4).
(3) In subsection (5), in paragraph (c),  for the words from “or any” to “as
required” substitute “or the person wh o gave the merger notice has failed
(with or without a reasonab le excuse) to comply wi th any requirement of a
notice under section 109 in relation to the case concerned”.
36 (1) Section 107 (further publicity re quirements) is amended as follows.
(2) In subsection (1), for paragraph (a) substitute—
“(a) any decision made by it that the duty to make a reference
under section 22 or 33 applies and any such reference madeby it;
(aa) any decision made by it th at the duty to make such a
reference does not apply (oth er than a decision made by
virtue of subsection (2)(b) of section 33);”.
(3) In that subsection, after paragraph (aa) insert—
“(ab) any notice given by it as mentioned in paragraph (b) of the
definition of “initial period” in section 34ZA(3);
(ac) any extension by it under sect ion 34ZB of the initial period; 
(ad) any decision made by it to cancel an extension as mentioned
in section 34ZB(7)(b);
(ae) any extension by it under section 34A of the preliminary
assessment period; 
(af) any decision made by it to cancel an extension as mentioned
in section 34A(6A)(b);.
(ag) any extension by it under section 46B of the preliminary
assessment period; 
(ah) any decision made by it to cancel an extension as mentioned
in section 46B(3A)(b);”.
(4) In that subsection , omit paragraph (d).Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 15 — Minor and conseq uential amendments: Part 4255
(5) In that subsection, after paragraph (e) insert—
“(ea) any notice given by it under section 73A(2)(b);
(eb) any extension by it under section 73A of the period for
considering whether to accept an undertaking under section
73;
(ec) any decision made by it to cancel an extension as mentioned
in section 73A(11)(b);”.
(6) In that subsection, in paragraph (f),  for “such an undertaking or order”
substitute “an order mentioned in paragraph (e)”.
(7) At the end of that subsection insert “; and
(i) any notice given by it under section 96(2A).”
(8) In subsection (2), after paragraph (e) insert—
“(ea) any extension by it under section 41A of the period within
which its duty under section 41(2) is to be discharged;
(eb) any decision made by it to cancel an extension as mentioned
in section 41A(7)(b);”.
(9) In subsection (3), omit  paragraphs (h) and (i).
37 In section 130 (index of defined expressions), omit the entry for
“Undertakings under paragraph 1 of Schedule 7”.
38 (1) Schedule 7 (enforcement regime fo r public interest and special public
interest cases) is amended as follows.
(2) In paragraph 7, in sub-paragraph (1), for paragrap h (b) substitute—
“(b) no orders under paragraph 2 are in force in relation to the
relevant merger situation co ncerned or (as the case may
be) the special merger situation concerned.”
(3) In paragraph 8, in sub-paragraph (1), for paragrap h (b) substitute—
“(b) no orders under paragraph 2 are in force in relation to the
relevant merger situation co ncerned or (as the case may
be) the special merger situation concerned.”
39 In Schedule 15 (enactments conferring functions for the purposes of which
specified information may be di sclosed), at the end insert—
“The Health and Social Care Act 2012.”
Office of Communications Act 2002 (c. 11)
40 In Schedule 1 to the Office of Commu nications Act 2002 (c onstitution etc. of
the OFCOM), in paragraph 18—
(a) the existing text becomes sub-paragraph (1), and
(b) after that sub- paragraph insert—
 “(2) Sub-paragraph (1) is subject to provision in rules made
under section 51 of the Competition Act 1998 by virtue ofparagraph 1A of Schedule 9 to that Act in respect of theexercise of a function under Part 1 of that Act.”Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 15 — Minor and conseq uential amendments: Part 4256
Railways and Transport Safety Act 2003 (c. 20)
41 In Schedule 1 to the Rail and Transport Safety Act 2003 (constitution etc. of
the Office of Rail Regu lation), in paragraph 7—
(a) the existing text becomes sub-paragraph (1), and
(b) after that sub- paragraph insert—
 “(2) Sub-paragraph (1) is subject to provision in rules made
under section 51 of the Competition Act 1998 by virtue ofparagraph 1A of Schedule 9 to that Act in respect of theexercise of a function under Part 1 of that Act.”
Communications Act 2003 (c. 21)
42 The Communications Act 2003 is amended as follows.
43 (1) Section 192 (appeals against decisions by OFCOM etc) is amended as
follows.
(2) In subsection (1), after paragraph (d) insert—
“(e) a decision by the CMA to which effect is given by an order
made under section 193A.”
(3) In subsection (6)(b), afte r “the Secretary of State” insert “, by the CMA”.
44 In section 193 (reference of price control matters), in subsection (10), after
“this section” insert “and section 193A”.
45 In section 195 (decisions of the Trib unal), in subsection (9), for “or the
Secretary of State” (in each place it occu rs) substitute “, the Secretary of State
or the CMA”.
46 In section 371 (functions under the Competition Act 1998), in subsections (2)
and (3)(a), after “38(1) to (6)” (in each  place where it occurs) insert “, 40B(1)
to (4)”.
Health and Social Care Act 2012 (c. 7)
47 The Health and Social Care 2012 is amended as follows.
48 In section 72 (functions under the Competition Act 1998), in subsections (2)
and (3), after “38(1) to (6)” (in each pl ace where it occurs) insert “, 40B(1) to
(4)”.
49 In Schedule 8 (constitution etc. of  Monitor), in paragraph 11, after sub-
paragraph (2) insert—
 “(2A) Sub-paragraph (2) is subject to provision in rules made under
section 51 of the Competition Act 1998 by virtue of paragraph 1Aof Schedule 9 to that Act in resp ect of the exercise of a function
under Part 1 of that Act.”
Civil Aviation Act 2012 (c. 19)
50 The Civil Aviation Act 2012 is amended as follows.
51 In section 62 (functions under Competition Act 1998), in subsections (2) and
(4), after “38(1) to (6)” (in each place wh ere it occurs) insert “, 40B(1) to (4)”.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 15 — Minor and conseq uential amendments: Part 4257
52 In section 63 (Competition Act 1998: su pplementary), in subsection (1), after
“38(1) to (6)” insert “, 40B(1) to (4)”.
Electricity (Northern Ireland) Or der 1992 (SI 1992/231 (N.I. 1))
53 In article 46 of the El ectricity (Northern Ireland)  Order 1992 (functions with
respect to competition), in paragraphs (3 ), (3A) and (6)(b), after “38(1) to (6)”
(in each place where it occurs ) insert “, 40B(1) to (4)”.
Gas (Northern Ireland) Order 1996 (SI 1996/275 (N.I. 2))
54 In article 23 of the Gas (Northern Ir eland) Order 1996 (functions with respect
to competition), in paragrap hs (3), (3A) and (6)(b), af ter “38(1) to (6)” (in each
place where it occurs) insert “, 40B(1) to (4)”.
Energy (Northern Ireland) Orde r 2003 (SI 2003/419 (N.I. 6))
55 In Schedule 1 to the Energy (Northern Ireland) Order 2003 (constitution etc.
of the Authority), in paragraph 9, after sub-paragraph (2) insert—
 “(2A) Sub-paragraph (1) is subject to provision in rules made under
section 51 of the Competition Act 1998 by virtue of paragraph 1Aof Schedule 9 to that Act in resp ect of the exercise of a function
under Part 1 of that Act.”
SCHEDULE 16
Section 60(5)
LOCAL  LISTED  BUILDING  CONSENT  ORDERS : PROCEDURE
In the Planning (Listed Buildings and Conservation Areas) Act 1990, after
Schedule 2 insert—
“SCHEDULE 2A Section 26D
LOCAL  LISTED  BUILDING  CONSENT  ORDERS : PROCEDURE
Preparation
1 (1) A local listed building consent order must be prepared in accordance with
such procedure as is prescribed  by regulations under this Act.
(2) The regulations may include provision as to—
(a) the preparation, submission, approval, adoption, revision,
revocation and withdrawal of a local listed building consent order;
(b) notice, publicity, and inspection by the public;
(c) consultation with and consideration of views of such persons and for
such purposes as are prescribed;
(d) the making and consideration of representations.
Revision
2 (1) The local planning authority may at any time prepare a revision of a local
listed building consent order.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 16 — Local listed buil ding consent orders: procedure258
(2) An authority must prepare a revisi on of a local listed building consent
order—
(a) if the Secretary of State directs them to do so, and
(b) in accordance with such timetabl e as the Secretary of State directs.
(3) This Schedule applies to the revision of a local listed building consent order
as it applies to the pr eparation of the order.
(4) A local listed building consent order may not be varied except by revision
under this paragraph.
Order to be adopted
3 A local listed building consent order is  of no effect unless it is adopted by
resolution of the local planning authority.
Annual report
4 (1) While a local listed building consen t order is in forc e the local planning
authority must prepare reports containi ng such information as is prescribed
as to the extent to which the order is achieving its purposes.
(2) A report under this paragraph must—
(a) be in respect of a period—
(i) which the authority considers appropriate in the interests of
transparency,
(ii) which begins with the end of the period covered by the
authority’s most recent report  under this paragraph (or, in
the case of the first report, wi th the day the order comes into
force), and
(iii) which is not longer than 12 months or such shorter period as
is prescribed;
(b) be in such form as is prescribed;
(c) contain such other ma tter as is prescribed.
(3) The authority must make its report s under this section available to the
public.”
SCHEDULE 17 Section 63
HERITAGE  PLANNING  REGULATION
National Heritage Act 1983 (c. 47)
1 (1) Section 33 of the National Heritage Act 1983 (the Commission’s general
function) is amended as follows. 
(2) In subsection (2A)—
(a) in paragraph (a) after “1979” insert “, under section 196D of the Town
and Country Planning Act 1990”, and
(b) in paragraph (b) for “that Part or of  that Act of 1990” substitute “Part
1 of the Ancient Monuments and Archaeological Areas Act 1979 orthe Planning (Listed Buildings and Conservation Areas) Act 1990”.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 17 — Heritage  planning regulation259
(3) After subsecti on (2A) insert—
“(2AA) In relation to an actual or a pprehended breach of planning control in
respect of relevant demolition, in section 187B of the Town andCountry Planning Act 1990 (injunctions restraining breaches ofplanning control) reference to a local planning authority includesreference to the Commission.
(2AB) In subsection (2AA)—
“breach of planning control” has the same meaning as in the
Town and Country Planning Act 1990 (see section 171A ofthat Act);
“relevant demolition” has the same meaning as in section 196D
of that Act.”
Town and Country Planning Act 1990 (c. 8)
2 The Town and Country Planning Act 1990 is amended as follows.
3 In section 108 (compensation for refusal or conditional grant of planning
permission formerly granted by orde r) after subsection (3E) insert—
“(3F) This section does not apply to  the extent that the development
referred to in subsection (1)(b ) would, while permitted by a
development order, have required conservation area consent under
the Planning (Listed Buildings and Conservation Areas) Act 1990.”
4 In section 171B (time limi ts for enforcement of breaches of planning control)
after subsection (2) insert—
“(2A) There is no restriction on when  enforcement action may be taken in
r e l a t i o n  t o  a  b r e a c h  o f  p l a n n i n g  c o n t r o l  i n  r e s p e c t  o f  r e l e v a n tdemolition (within the meaning of section 196D).”
5 In section 174 (appeal against enforc ement notice) before subsection (3)
insert—
“(2C) Where any breach of planning control constituted by the matters
stated in the notice relates to relevant demolition (within the
meaning of section 196D), an appeal may also be brought on thegrounds that— 
(a) the relevant demolition was urgently necessary in the
interests of safety or health;
(b) it was not practicable to secure  safety or health by works of
repair or works for affording temporary support or shelter;and
(c) the relevant demolition was the minimum measure
necessary.”Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 17 — Heritage  planning regulation260
6 After section 196C insert—
“Conservation areas
196D Offence of failing to obtain planning permission for demolition of 
unlisted etc buildings in c onservation areas in England
( 1 ) I t  i s  a n  o f f e n c e  f o r  a  p e r s o n  t o  c a r r y  o u t  o r  c a u s e  o r  p e r m i t  t o  b e
carried out relevant demolition without the required planning
permission.
(2) It is also an offence for a person to fail to comply with any condition
or limitation subject to which pl anning permission for relevant
demolition is granted.
(3) In this section “relevant demolition” means the demolition of a
building that— 
(a) is situated in a conserva tion area in England; and 
(b) is not a building to which section 74 of the Planning (Listed
Buildings and Conservation Area s) Act 1990 does not apply
by virtue of section 75 of that Act (listed buildings, certainecclesiastical buildings, sche duled monuments and buildings
described in a direction of th e Secretary of State under that
section).
(4) It is a defence for a person accused of an offence under this section to
prove the following matters—
(a) that the relevant demolition was urgently necessary in the
interests of safety or health;
(b) that it was not practicable to secure safety or health by works
of repair or works for affordin g temporary suppo rt or shelter;
(c) that the relevant demoliti on was the minimum measure
necessary; and
(d) that notice in writing of the relevant demolition was given to
the local planning authority as soon as reasonablypracticable.
(5) A person guilty of an offenc e under this section is liable—
(a) on summary conviction, to imprisonment for a term not
exceeding 12 months or a fine or both;
(b) on conviction on indictment, to imprisonment for a term not
exceeding 2 years or a fine or both.
(6) In relation to an offence committed before the coming into force of
section 154(1) of the Criminal Just ice Act 2003, subs ection (5)(a) has
effect as if the reference to 12 months were to 6 months.
(7) In relation to an offence committed before the coming into force of
section 85(1) of the Legal Aid,  Sentencing and Punishment of
Offenders Act 2012, subsec tion (5)(a) has effect as if the reference to
a fine were a reference to a fine not exceeding £20,000.
(8) In determining the amount of an y fine to be imposed on a person
convicted of an offence under this section, the court must inparticular have regard to any financial benefit which has accrued orappears likely to accrue to that person in consequence of the offence.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 17 — Heritage  planning regulation261
(9) Where, after a person commits an offence under this section,
planning permission is granted for any development carried out
before the grant of the permission , that grant does not affect the
person’s liability for the offence.”
Planning (Listed Buildings and Co nservation Areas) Act 1990 (c. 9)
7 The Planning (Listed Buildings an d Conservation Areas) Act 1990 is
amended as follows.
8 (1) Section 1 (listing of buildings of spec ial architectural or historic interest) is
amended as follows.
(2) In subsection (5) after “shall” insert “, subject to subsection (5A)(a),”.
(3) After subsection (5) insert—
“(5A) In a list compiled or approved under this section,  an entry for a
building situated in England may provide—
(a) that an object or structure mentioned in subsection (5)(a) or
(b) is not to be treated as part  of the building for the purposes
of this Act; 
(b) that any part or feature of the building is not of special
architectural or hi storic interest.”
9 (1) Section 6 (issue of certificate that  building not intended to be listed) is
amended as follows.
(2) Before subsection (1) insert—
“(A1) The Secretary of State may, on the application of any person, issue a
certificate stating that the Secretary of State does not intend to list a
building situated in England.”
(3) In subsection (1)(a) after “build ing” insert “situated in Wales”.
(4) In subsection (2) for “such a certific ate” substitute “a certificate under
subsection (A1) or (1)”.
(5) In subsection (3) after “s ubsection” insert “(A1) or”.
10 In section 32(1)(a) (purchase notice  on refusal or conditional grant of
consent)—
(a) for “listed building consent in resp ect of a building” substitute “on an
application for listed building co nsent in respect of a building,
consent”;
(b) before “is revoked” insert “such consent granted on an application”.
11 In section 62(2) (validity of certain orders and decisions), after paragraph (a)
insert—
“(aa) any decision to approve or reject a local listed building
consent order or part of such an order;
(ab) any decision on an appeal under section 26K;”.
12 (1) Section 74 (control of demolition in conservation areas) is amended as
follows.
(2) In subsection (1) after the fi rst “area” insert “in Wales”.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 17 — Heritage  planning regulation262
(3) After subsection (2) insert—
“(2A) Sections 56, 66(1) and 90(2) to (4) have effect in relation to buildings
in conservation areas in  England as they have effect in relation to
listed buildings, subject to such exceptions and modifications as maybe prescribed by regulations.”
(4) In subsection (3) after “areas” insert “in Wales”.
(5) In subsection (4) for “Any such regu lations” substitute  “Regulations made
under subsection (3)”.
13 In section 75 (cases in which section 74 does not apply) in subsection (11)—
(a) for “that section”, in both pl aces those words appear, substitute
“section 74”, and
(b) after “43” insert “or section 196D of the principal Act (offence of
failing to obtain, or comply with, planning permission for demolition
of unlisted etc building in co nservation area in England)”.
14 In section 82(3) (application of Act to land and works of local planning
authorities) for “to 29” substitute “to 26, 28, 29”.
15 In section 82A(2) (application to the Crown), after paragraph (c) insert—
“(ca) section 26J;”.
16 In section 88(2)(c) (rights of en try) after “11” insert “, 26J”.
17 In section 92(2)(b) (application to Isles of Scilly), after “Schedules 1, 2” insert
“, 2A”.
18 (1) Section 93 (regulations and orders) is amended as follows.
(2) In subsection (4) after “8(5),” insert “26C,”.
(3) In subsection (5A) after “section” insert “26C or”.
19 (1) Schedule 3 (determination of ce rtain appeals by person appointed by
Secretary of State) is amended as follows.
(2) In paragraph 1(1), 2(8)(a) and 3(3) after “20” insert “, 26K”.
(3) In paragraph 2(1) after paragraph (a) (before “and” at the end) insert—
“(aa) in relation to an appeal under section 26K, as the Secretary
of State has under section 26K(4) to (6);”.
Application
20 Paragraph 8 applies in relation to en tries for buildings that are listed, or
entries that are amended, on or after the date on which that paragraphcomes into force.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 18 — Adjudicators: ba nkruptcy applications by de btors and bankruptcy orders263
SCHEDULE 18 Section 71(2)
ADJUDICATORS : BANKRUPTCY  APPLICATIONS  BY DEBTORS  AND  BANKRUPTCY  ORDERS
“CHAPTER  A1
ADJUDICATORS : BANKRUPTCY  APPLICATIONS  BY DEBTORS  AND  BANKRUPTCY  
ORDERS
263H Bankruptcy applications to an adjudicator
(1) An individual may make an application to an adjudicator in
accordance with this Chapter for a bankruptcy order to be madeagainst him or her.
(2) An individual may make a bankruptcy application only on the
ground that the individual is unable to pay his or her debts.
263I Debtors against whom an adjudicator may make a bankruptcy order
(1) An adjudicator has jurisdicti on to determine a bankruptcy
application only if— 
(a) the centre of the debtor’s ma in interests is in England and
Wales, or
(b) the centre of the debtor’s main interests is not in a member
state of the European Union which has adopted the ECRegulation, but the test in subsection (2) is met.
(2) The test is that—
(a) the debtor is domicile d in England and Wales, or
(b) at any time in the period of three years ending with the day
on which the application is ma de to the adjudicator, the
debtor—
(i) has been ordinarily resident, or has had a place of
residence, in England and Wales, or
(ii) has carried on busine ss in England and Wales.
(3) The reference in subsection (2) to the debtor carrying on business
includes—
(a) the carrying on of business by a firm or partnership of which
the debtor is a member, and
(b) the carrying on of business by an agent or manager for the
debtor or for such a firm or partnership.
(4) In this section, references to the centre of the debtor’s main interests
have the same meaning as in Article 3 of the EC Regulation.
263J Conditions applying to bankruptcy application
(1) A bankruptcy application must include—
(a) such particulars of the debtor ’s creditors, debts and other
liabilities, and assets, as may be prescribed, and
(b) such other information as may be prescribed.
(2) A bankruptcy application is not to be regarded as having been made
unless any fee or deposit required in connection with the applicationEnterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 18 — Adjudicators: ba nkruptcy applications by de btors and bankruptcy orders264
by an order under section 415 has been paid to such person, and
within such period, as may be prescribed.
(3) A bankruptcy application may not be withdrawn.(4) A debtor must notify the adju dicator if, at any time before a
bankruptcy order is made agains t the debtor or the adjudicator
refuses to make such an order—
(a) the debtor becomes able to pay his or her debts, or
(b) a bankruptcy petition has been presented to the court in
relation to the debtor.
263K Determination of bankruptcy application
(1) After receiving a bankruptcy application, an adjudicator must
determine whether the following requirements are met—
(a) the adjudicator had jurisdiction under section 263I to
determine the application on the date the application was
made,
(b) the debtor is unable to pay his or her debts at the date of the
determination,
(c) no bankruptcy petition is pend ing in relation to the debtor at
the date of the determination, and
(d) no bankruptcy order has been made in respect of any of the
debts which are the subject of the application at the date ofthe determination.
(2) If the adjudicator is satisfied that each of the requirements in
subsection (1) are met, the adjudicator must make a bankruptcyorder against the debtor.
(3) If the adjudicator is not so satisf ied, the adjudicator must refuse to
make a bankruptcy order against the debtor.
(4) The adjudicator must make a bankruptcy order against the debtor or
refuse to make such an order befo re the end of the prescribed period
(“the determination period”).
263L Adjudicator’s requests  for further information
(1) An adjudicator may at any time during the determination period
request from the debtor information that the adjudicator considersnecessary for the purpose of de termining whether a bankruptcy
order must be made.
(2) The adjudicator may specify a date before which information
requested under subsection (1) must  be provided; but that date must
not be after the end of the determination period.
(3) If the rules so prescribe, a requ est under subsection (1) may include
a request for information to be given orally.
(4) The rules may make provision enab ling or requiring an adjudicator
to request information from person s of a prescribed description in
prescribed circumstances.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 18 — Adjudicators: ba nkruptcy applications by de btors and bankruptcy orders265
263M Making of bankruptcy order
(1) This section applies where an adju dicator makes a bankruptcy order
as a result of a bankruptcy application.
(2) The order must be made in the prescribed form.
(3) The adjudicator must—
(a) give a copy of the order to the debtor, and
(b) give notice of the order to persons of such description as may
be prescribed.
263N Refusal to make a bankruptcy order: review and appeal etc.
(1) Where an adjudicator refuses to make a bankruptcy order on a
bankruptcy application, the adjudicator must give notice to thedebtor—
(a) giving the reasons for the refusal, and
(b) explaining the effect of  subsections (2) to (5).
(2) If requested by the debtor before the end of the pres cribed period, the
adjudicator must review the inform ation which was available to the
adjudicator when the determination that resulted in the refusal was
made.
(3) Following a review under subs ection (2) the adjudicator must—
(a) confirm the refusal to make a bankruptcy order, or
(b) make a bankruptcy order against the debtor.
(4) Where the adjudicator confirms a refusal under subs ection (3), the
adjudicator must give notice to the debtor—
(a) giving the reasons fo r the confirmation, and
(b) explaining the effect of subsection (5).
(5) If the refusal is confirmed unde r subsection (3), the debtor may
appeal against the refusal to th e court before the end of the
prescribed period.
263O False representations and omissions
(1) It is an offence knowingly or recklessly to make any false
representation or omission in—
(a) making a bankruptcy application to an adjudicator, or
(b) providing any information to an adjudicator in connection
with a bankruptcy application.
(2) It is an offence knowingly or reckle ssly to fail to notify an adjudicator
of a matter in accordance with a requirement imposed by or underthis Part.
(3) It is immaterial for the purposes  of an offence under this section
whether or not a bankruptcy orde r is made as a result of the
application.
(4) It is not a defence in proceeding s for an offence under this section
that anything relied on, in whole or in part, as constituting theoffence was done outside England and Wales.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 18 — Adjudicators: ba nkruptcy applications by de btors and bankruptcy orders266
(5) Proceedings for an offence under this section may only be
instituted—
(a) by the Secretary of State, or
(b) by or with the consent of the Director of Public Prosecutions.”
SCHEDULE 19 Section 71(3)
ADJUDICATORS : MINOR  AND  CONSEQUENTIAL  AMENDMENTS
1 The Insolvency Act 1986 is amended in accordance with  this Schedule.
2 In section 253 (application for inte rim order), omit subsection (5).
3 In section 255 (cases in which interi m order can be made), in subsection
(1)(b) for “petition for his own bankru ptcy” substitute “make a bankruptcy
application”.
4 (1) Section 256A (debtor’s proposal and nominee’s report) is amended as
follows.
(2) In subsection (1) omit the wo rds from “unless” to the end.
(3) In subsection (3) for “p etition for his own bankruptcy” substitute “make a
bankruptcy application”.
5 For the heading to Chapter 1 of Part 9 substitute “The court: bankruptcy
petitions and bankruptcy orders”.
6 In section 264 (who may present a bankruptcy petition), in subsection (1)
omit paragraph (b).
7 For section 265 (conditions to be sati sfied in respect of debtor) substitute—
“265 Creditor’s petition: debtors agai nst whom the court may make a 
bankruptcy order
(1) A bankruptcy petition may be presented to the court under section
264(1)(a) only if— 
(a) the centre of the debtor’s ma in interests is in England and
Wales, or
(b) the centre of the debtor’s main interests is not in a member
state of the European Union which has adopted the ECRegulation, but the test in subsection (2) is met.
(2) The test is that—
(a) the debtor is domicile d in England and Wales, or
(b) at any time in the period of three years ending with the day
on which the petition is  presented, the debtor—
(i) has been ordinarily resident, or has had a place of
residence, in England and Wales, or
(ii) has carried on busine ss in England and Wales.
(3) The reference in subsection (2) to the debtor carrying on business
includes—
(a) the carrying on of business by a firm or partnership of which
the debtor is a member, andEnterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 19 — Adjudicators: mino r and consequential amendments267
(b) the carrying on of business by an agent or manager for the
debtor or for such a firm or partnership.
(4) In this section, references to the centre of the debtor’s main interests
have the same meaning as in Ar ticle 3 of the EC Regulation.”
8 In section 266 (bankruptcy petitions: other preliminary conditions), in
subsection (4) omit “, (b)”.
9 (1) Sections 272 to 274A (and the cross-heading immediately preceding those
sections) (debtor’s petition) are repealed.
(2) In consequence of the repeal of section 274A by sub-paragraph (1), omit
paragraph 3 of Schedule 20 to the Tribunals, Courts and Enforcement Act2007 (debt relief orders: consequential amendments).
10 For the cross-heading immediatel y before section 278 substitute—
“C
HAPTER  1A
COMMENCEMENT  AND  DURATION  OF BANKRUPTCY ".
11 In section 278 (commencement and continuance), in paragraph (b)
(discharge of bankruptcy order) om it “the following provisions of”.
12 In section 279 (duration of bankruptcy), in subsection (6) for “adjudged”
substitute “made”.
13 In section 282 (court’s power to annu l bankruptcy order), in subsection (2)—
(a) omit “, (b)”,
(b) after “section 264(1)” insert “or on a bankruptcy application”, and
(c) in paragraph (a) after “pending ” insert “or the application was
ongoing”.
14 In section 283 (definitio n of bankrupt’s estate), in subsection (5)(a) for
“adjudged” subs titute “made”.
15 (1) Section 284 (restrictions on disposit ions of property) is amended as follows.
(2) In subsection (1) for “adj udged” substitute “made”.
(3) In subsection (3) for “presentation of  the petition for the bankruptcy order”
substitute “making of the bankruptcy a pplication or (as the case may be) the
presentation of the bankruptcy petition”.
(4) In subsection (4), in paragraph (a) before “petition” insert “bankruptcy
application had been made or (as the case may be) that the bankruptcy”.
16 (1) Section 285 (restriction on proceedin gs and remedies) is amended as follows.
(2) In subsection (1)—
(a) after “when” insert “proceedings on a bankruptcy application are
ongoing or”, and
(b) for “adjudged” substitute “made”.
(3) In subsection (2) after “proof that” insert “a bankruptcy application has been
made or”.
17 (1) Section 286 (power to appoint interim receiver) is amended as follows.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 19 — Adjudicators: mi nor and consequential amendments268
(2) Omit subsection (2).
(3) In subsection (8), for “a djudged” substitute “made”.
18 In section 288 (statement of affairs), in subsection (1) fo r “debtor’s petition”
substitute “bankruptcy application”.
19 In section 290 (public examination of  bankrupt), in su bsection (4)(a) for
“adjudged” subs titute “made”.
20 In section 293 (summoning of m eeting to appoint first trustee), in
subsections (2) and (3) for “court ” substitute “prescribed person”.
21 In section 295 (failure of meeting to appoint trustee), in subsection (3) for
“court” substitute “prescribed person”.
22 (1) Section 297 (appointment of trustee of bankrupt’s estate: special cases) is
amended as follows.
(2) Omit subsection (4).
(3) In subsection (6) omit “(4) or”.
23 In section 298 (removal of trustee and vacation of office), in subsections (7)
and (8) for “court” substitute “prescribed person”.
24 (1) Section 299 (release of tr ustee) is amended as follows.
(2) In subsection (1)(a) for “to the court” substitute “under this paragraph to the
prescribed person”.
(3) In subsection (3)(a) for “court ” substitute “prescribed person”.
25 (1) Section 320 (court order vesting disc laimed property) is amended as follows.
(2) In subsection (2)(c) before “bankruptc y” insert “bankruptcy application was
made or (as the case may be) the”.
(3) In subsection (3)(c) before “bankruptc y” insert “bankruptcy application was
made or (as the case may be) the”.
26 In section 321 (orders under section 320 in respect of leaseholds), in
subsection (1)(a) before “bankruptcy” insert “bankruptcy application was
made or (as the case may be) the”.
27 In section 323 (mutual credit and se t-off), in subsection (3) before “a
bankruptcy” insert “p roceedings on a bankruptcy application relating to the
bankrupt were ongoing or that”.
28 In section 334 (stay of distribution  in case of second bankruptcy), in
subsection (2) before “presentation of  the petition” insert “making of the
application or (as the case may be) the”.
29 (1) Section 336 (rights of occupation etc of bankrupt’s spouse or civil partner) is
amended as follows.
(2) In subsection (1) for “presentation of  the petition for the bankruptcy order”
substitute “making of the bankruptcy a pplication or (as the case may be) the
presentation of the bankruptcy petition”.
(3) In subsection (2) for “adj udged” substitute “made”.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 19 — Adjudicators: mino r and consequential amendments269
30 In section 337 (rights of occupation  of bankrupt), in  subsection (1)—
(a) in paragraph (a) for “adju dged” substitute “made”, and
(b) in paragraph (b) befo re “bankruptcy petition” insert “bankruptcy
application was made or (as the case may be) the”.
31 In section 339 (transactions at an undervalue), in subsection (1) for
“adjudged” subs titute “made”.
32 In section 340 (preferenc es), in subsection (1) for “adjudged” substitute
“made”.
33 In section 341 (meaning of “relevant time” under sections 339 and 340), in
subsection (1)(a) for “presentation of the bankruptcy petition on which the
individual is adjudged” substitute “m aking of the bankruptcy application as
a result of which, or (as the case ma y be) the presentation  of the bankruptcy
petition on which, the individual is made”.
34 (1) Section 342 (orders under sections 339 and 340) is amended as follows.
(2) In subsection (1) for “adj udged” substitute “made”.
(3) In subsection (5)— 
(a) for paragraph (a) substitute—
“(a) of the fact that the bankruptcy application as a result
of which, or (as the case may be) the bankruptcypetition on which, the individual in question is madebankrupt has been made or presented; or”, and
(b) in paragraph (b) for “adj udged” substitute “made”.
35 In section 342A (recover y of excessive pension contributions), in subsection
(1) for “adjudged” substitute “made”.
36 In section 343 (extortionate credit transactions), in subsection (1) for
“adjudged” subs titute “made”.
37 (1) Section 344 (avoidance of general assignment of book debts) is amended as
follows.
(2) In subsection (1) for “adj udged” substitute “made”.
(3) In subsection (2 ) before “presentation” insert “making of the bankruptcy
application or (as the case may be) the”.
38 In section 345 (contracts to which bank rupt is a party), in subsection (1) for
“adjudged” subs titute “made”.
39 (1) Section 346 (enforcement procedures) is amended as follows.
(2) In subsections (1) and (2) for “adjudged” substitute “made”.
(3) In subsection (3)—
(a) in paragraph (b) before “bankruptc y” insert “bankruptcy application
has been made or a”, and
(b) in paragraph (c) before “on that petition” insert “as a result of that
application or”.
(4) In subsection (4)(a) after “while” insert “proceedings on a bankruptcy
application are ongoing or (as the case may be)”.
40 (1) Section 347 (distress, etc) is amended as follows.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 19 — Adjudicators: mi nor and consequential amendments270
(2) In subsection (2)—
(a) after “individual to whom” insert “a bankruptcy appl ication or”, and
(b) before “on that petition” insert “a s a result of that application or”.
(3) In subsection (3) for “adj udged” substitute “made”.
41 In section 348 (apprentice ships, etc), in subsecti on (1)(a) for “petition on
which the order was made” substitute  “application for the order was made
or (as the case may be) th e petition for the order”.
42 In section 350 (application of Chapter 6 of Part 9: bankruptcy offences), in
subsection (1) after “applies” insert “—
(a) where an adjudicator has made a bankruptcy order as a result
of a bankruptcy application, or
(b) ”.
43 (1) Section 351 (definitions for the purposes of Chapter 6 of Part 9) is amended
as follows.
(2) In paragraph (b) before “presentation” insert “making of the bankruptcy
application or (as the case may be) the”.
(3) Omit paragraph (c), and the preceding “and”.
44 (1) Section 354 (concealment of property) is amended as follows.
(2) In subsection (1)(c ) before “petition” insert “the making of the bankruptcy
application or (as the case may be) the presentation of the bankruptcy”.
(3) In subsection (3)(a) befo re “petition” insert “the making of the bankruptcy
application or (as the case may be) the presentation of the bankruptcy”.
45 (1) Section 355 (concealment of books and papers; falsification) is amended as
follows.
(2) In subsection (2)(d ) before “petition” insert “the making of the bankruptcy
application or (as the case may be) the presentation of the bankruptcy”.
(3) In subsection (3)(b ) before “petition” insert “the making of the bankruptcy
application or (as the case may be) the presentation of the bankruptcy”.
46 In section 356 (false statements), in su bsection (2)(c) before  “petition” insert
“the making of the bankruptcy application or (as the case may be) thepresentation of the bankruptcy”.
47 In section 358 (absconding), in paragraph (b) before “petition” insert “the
making of the bankruptcy application or (as the case may be) thepresentation of the bankruptcy”.
48 (1) Section 359 (fraudulent dealing wi th property obtained on credit) is
amended as follows.
(2) In subsection (1) before “petition” insert “the making of the bankruptcy
application or (as the case may be) the presentation of the bankruptcy”.
(3) In subsection (2) before “petition” insert “the making of the bankruptcy
application or (as the case may be) the presentation of the bankruptcy”.
49 In section 360 (obtaining credit and engaging in business), in subsection
(1)(b) for “adjudged” substitute “made”.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 19 — Adjudicators: mino r and consequential amendments271
50 (1) Section 364 (power of a rrest) is amended as follows.
(2) In subsection (1)(a) after “to whom a”  insert “bankruptcy application or a”.
(3) In subsection (2 ) before “presentation” insert “making of the bankruptcy
application or the”.
51 In section 376 (time limits), after “any thing” insert “(including anything in
relation to a bankru ptcy application)”.
52 (1) Section 381 (definition of “bankrupt” and associated terminology) is
amended as follows.
(2) In subsection (1) for “adjudged” (in both places where it occurs) substitute
“made”.
(3) After subsection (1) insert—
“(1A) “Bankruptcy application” means an  application to an adjudicator for
a bankruptcy order.”
(4) In subsection (2) for “adj udging” substitute “making”.
53 In section 383 (definition of “cre ditor” etc.), in subsection (1)(b)—
(a) after “to whom a” insert “bankruptcy application or”, and
(b) after “that” insert “application or”.
54 In section 384 (definitions of “prescribed” and “the rules”), in subsection (1)
omit “section 273;”.
55 In section 385 (miscellaneous de finitions), in subsection (1)—
(a) before the definition of “the court” insert—
““adjudicator” means a pe rson appointed by the
Secretary of State un der section 398A;”,
(b) in the definition of “the debtor”, in paragraph (b)—
(i) before “bankruptcy petition” insert “bankruptcy application
or a”, and
(ii) after “to whom the” insert “application or”,
(c) omit the definition of “debtor’s petition”, and
(d) before the definition of “dwelling house” insert—
“determination period” has the meaning given in
section 263K(4);”.
56 In section 387 (meaning of “the relevant date”), in subsection (6)(a) after
“after” insert “the making of the bankruptcy application or (as the case maybe)”.
57 In section 389A (authorisation of nominees and supervisors), in subsection
(3)(a) for “adjudged” substitute “made”.
58 In section 390 (persons not qualified to act as insolvency practitioners), in
subsection (4)(a) for “adju dged” substitute “made”.
59 (1) Section 415 (fees orde rs) is amended as follows.
(2) In subsection (1)—
(a) after paragraph (a) omit “and”, andEnterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 19 — Adjudicators: mi nor and consequential amendments272
(b) at the end of paragraph (b) insert “and
(c) the performance by an adjudicator of functions under
Part 9 of this Act,”.
(3) After subsection (1) insert—
“(1A) An order under subs ection (1) may make di fferent provision for
different purposes, including by reference to the manner or form inwhich proceedings are commenced.”
60 In section 421A (insolvent estates: joint tenancies), in subsection (9) in the
definition of “value lost to the esta te”, for “adjudged” substitute “made”.
61 In section 424 (who may apply for an order under section 423 in respect of
transactions entered into at an un dervalue), in subsection (1)(a) for
“adjudged” subs titute “made”.
62 In Schedule 4ZA (conditions for making a debt relief order), for paragraph 3
substitute—
“3 A bankruptcy application under Part 9—
(a) has not been made before the determination date; or
(b) has been so made, but proceedings on the application have
been finally disposed of before that date.”
63 (1) In Schedule 4A (bankruptcy restrict ions orders), paragraph 2 is amended as
follows.
(2) In sub-paragraph (2)—
(a) in paragraph (a), for the words fr om “petition” to the end substitute
“the making of the bankruptcy application or (as the case may be) thepresentation of the bankruptcy peti tion and ending with the date of
the application for the bankruptcy restrictions order”, and
(b) in paragraph (j), for “presentation of the petition” substitute “the
making of the bankruptcy application or (as the case may be) thepresentation of the bankruptcy petition”.
(3) In sub-paragraph (4) omit the definition of “before petition”.
64 In Schedule 6 (categories of prefer ential debts), in paragraph 14(1) for
“adjudged” subs titute “made”.
65 (1) Schedule 9 (provisions capable of in clusion in individual  insolvency rules)
is amended as follows.
(2) After paragraph 4 insert—
“Adjudicators
4A Provision for regulating the practice and procedure of
adjudicators in the discharge of functions for the purposes of Part
9 of this Act.
4B Provision about the form and cont ent of a bankruptcy application
(including an application for a review of an adjudicator’sdetermination).”Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 19 — Adjudicators: mino r and consequential amendments273
(3) After paragraph 4B (as insert ed by sub-paragraph (2)) insert—
“Appeals against determinations by adjudicators
4C Provision about the making and determining of appeals to the
court against a determination by an adjudicator, includingprovision—
(a) enabling the court to make a bankruptcy order on such an
appeal, and
(b) about where such appeals lie.”
(4) After paragraph 24 insert—
“24A Provision requiring adjudicators—
(a) to keep files and other records relating to bankruptcy
applications and bankruptcies  resulting from bankruptcy
applications,
(b) to make files and records available for inspection by
persons of a prescrib ed description, and
(c) to provide files and records, or copies of them, to persons
of a prescribed description.
24B Provision requiring an adjudi cator to make returns to the
Secretary of State of th e adjudicator’s business under Part 9 of this
Act.
24C Provision requiring official receivers—
(a) to keep files and other records relating to bankruptcy
applications and bankruptcies  resulting from bankruptcy
applications, and
(b) to make files and records available for inspection by
persons of a prescribed description.
24D Provision requiring a person to whom notice is given under
section 293(2), 295(3), 298(7) or (8) or section 299(1)(a) or (3)(a)—
(a) to keep files and other records of notices given under the
section in question, and
(b) to make files and records available for inspection by
persons of a prescribed description.”
66 (1) In the Table in Schedule 10 (punishm ent of offences), insert the following
entry after the entry rela ting to section 262A(1)—
(2) In the application of the entry inserted  by sub-paragraph (1) in relation to an
offence committed before the commen cement of section 154(1) of the
Criminal Justice Act 2003 (limit on magistrates’ court powers to impose“263O False
representationsor omissions inconnection witha bankruptcyapplication.1. On indictment
2. Summary1. 7 years or a
fine, or both.2. 12 months orthe statutorymaximum, orboth.”Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 19 — Adjudicators: mi nor and consequential amendments274
imprisonment), the reference in the fo urth column to “12 months” is to be
read as a reference to “6 months”.
SCHEDULE 20 Section 72(4)
ABOLITION  OF AGRICULTURAL  WAGES  BOARD  AND  RELATED  ENGLISH  BODIES : 
CONSEQUENTIAL  PROVISION
1 In section 28 of the Rent (Agricultu re) Act 1976 (duty of housing authority
upon receiving application that agricu ltural worker be re-housed etc), in
subsection (3), for “The authority” substitute “I f the dwelling-house is in
Wales, the authority”. 
2 The repeals and revocations in the following table have effect.
Reference Extent of repeal or revocation
Agricultural Wages Act 1948
(c. 47)Section 1. 
In section 2—
(a) in subsection (1)—
(a) the words “England and”, and
(b) paragraph (a), and
(b) subsection (4).
Sections 3 to 4. Sections 6 to 16.
In section 17—
(a) in subsection (1), the definition of “the
national minimum wage”, and
(b) subsection (1A).
Sections 17A to 19.
Schedules 1, 2 and 4.
The Agricultural Wages
Committee Regulations 1949(S.I. 1949/1885)Regulation 3(2)(a) and the word “and” after it.
Regulation 16.
Public Records Act 1958 (c. 51) In the table at the end of paragraph 3 of
Schedule 1, the words “Agricultural WagesBoard.”
Parliamentary Commissioner
Act 1967 (c. 13)In Schedule 2, the words “Agricultural Wages
Board for England and Wales.”
Agriculture Act 1967 (c. 22) Section 67.
Agriculture (Miscellaneous
Provisions) Act 1968 (c. 34)Section 46.
Agricultural Wages
Committees (WagesStructure) Regulations 1971(S.I. 1971/844)The whole instrument.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 20 — Abolition of Agricult ural Wages Board and re lated English bodies: co nsequential provision275
Agricultural Wages
Committees (Areas) Order1974 (S.I. 1974/515)In article 3(1), the words—
(a) “Subject to the provis ions of this order”,
and
(b) “an agricultural wages committee for
each county in England and”.
Article 3(2).
Article 4.
The Schedule.
Social Security (Consequential
Provisions) Act 1975 (c. 18)In Schedule 2, paragraph 32.
House of Commons
Disqualification Act 1975(c. 24)In Part 3 of Schedule 1, the words “Member
appointed by a Minister of the Crown of theAgricultural Wages Board for England andWales.”
Northern Ireland Assembly
Disqualification Act 1975(c. 25)In Part 3 of Schedule 1, the words “of the
Agricultural Wages Board for England andWales or”.
Social Security Pensions Act
1975 (c. 60)In Schedule 4, paragraph 10.
Employment Protection Act
1975 (c. 71)Section 97(1) and (2).
Schedule 9.
In Schedule 17, paragraph 12.
Agriculture (Miscellaneous
Provisions) Act 1976 (c. 55)In section 4(1)(c), the words from “(including”
to the end.
Agricultural Wages
Committees (NewCombinations of Counties)Order 1981 (S.I. 1981/179)The whole order.
Agricultural Wages Committee
(Cleveland, Durham,Northumberland and Tyneand Wear) Order 1989(S.I. 1989/1173)The whole order.
Social Security (Consequential
Provisions) Act 1992 (c. 6)In Schedule 2, paragraph 4.
Agricultural Wages
Committees (Areas)(England) Order 1995(S.I. 1995/3186)The whole order.
Employment Rights Act 1996
(c. 18)In section 35—
(a) in subsection (2), paragraph (a) and the
word “or” at the end of that paragraph,and
(b) in subsection (3), paragraph (b) and the
“and” before that paragraph.Reference Extent of repeal or revocationEnterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 20 — Abolition of Agricu ltural Wages Board and related English bodies: consequential provision276
National Minimum Wage Act
1998 (c. 39)In section 16(6)—
(a) in the definition of “the agricultural
wages legislation”, paragraph (a), and
(b) in the definition of “relevant authority”,
paragraphs (a), (b) and (c).
In section 16A(5)—
(a) in the definition of “enforcement
officer”, paragraph (b), and
(b) in the definition of “the relevant
legislation”, paragraph (b).
Section 46(4)(a).In section 47—
(a) subsection (1)(a),
(b) subsection (2)(a) and (d),
(c) subsection (4)(a),
(d) in subsection (4)(b),  the words “(similar
provision for Scotland)”, and
(e) subsection (6)(a).
In section 55(1), in  the definition of
“regulations”, the words “by the Secretary ofState and the Minist er of Agriculture,
Fisheries and Food acting jointly or”.
Part 1 of Schedule 2.
National Minimum Wage
Regulations 1999 (S.I. 1999/584)Regulation 38(5)(a).
Freedom of Information Act
2000 (c. 36)I n  P a r t  6  o f  S c h e d u l e  1 ,  t h e  w o r d s  “ A n
Agricultural Wages Board for England andWales”.
Criminal Justice Act 2003 (c. 44) In Schedule 25, paragraph 28.
Employment Relations Act 2004
(c. 24)Section 47.
In Schedule 1, paragraph 1.
Public Contracts Regulations
2006 (S.I. 2006/5)In Schedule 1, in the entry relating to the
Agricultural Wages Board and agriculturalwages committees, the words “Board and”.
Employment Act 2008 (c. 24) Section 8(6).
Section 9(6).
Public Contracts (Scotland)
Regulations 2012 (S.S.I. 2012/88)In Schedule 1, in the entry relating to the
Agricultural Wages Board and agriculturalwages committees, the words “Board and”.Reference Extent of repeal or revocationEnterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 21 — Unnecessary regulation: miscellaneous
Part 1 — Notification of TV sales etc277
SCHEDULE 21 Section 73
UNNECESSARY  REGULATION : MISCELLANEOUS
PART 1
NOTIFICATION  OF TV SALES  ETC
Wireless Telegraphy Act 1967 (c. 72)
1 The Wireless Telegraphy Act 1967 (t he remaining provis ions of which make
provision for, and in connection with, the recording and notification of thesale or hire of televisions etc) is repealed.
2 In consequence, the repeals in the following table have effect. 
Saving provision
3 The repeal of section 3 of the Post Office Act 1969 by paragraph 2 does not
affect the construction of any provisio n mentioned in subsec tion (1)(i) or (ii)
of that section that continues to have  effect after the commencement of the
repeal.
P
ART 2
WATER  UNDERTAKERS : IN-AREA  BAN
Water Industry Act 1991 (c. 56)
4 In section 2 of the Water Industry Ac t 1991 (general duties with respect to
water industry), omit subsection (3)(d)(i ii) (duty of Secretary of State and the
Water Services Regulation Authorit y where a licensed water supplier is
connected to a relevant undertaker).Short title and chapter Extent of repeal
Post Office Act 1969 (c. 48) Section 3.
Customs and Excise
Management Act 1979 (c. 2)In paragraph 12 of Schedule 4, the entries in the
table relating to the Wireless Telegraphy Act1967.
Broadcasting Act 1990 (c. 42) Section 180.
Part 2 of Schedule 18.
Communications Act 2003
(c. 21)Section 367.
Section 393(5)(c).Section 404(4)(d).
In Schedule 17, paragraph 39.
Wireless Telegraphy Act 2006
(c. 36)Section 111(6)(a).
Section 118(6)(a).
In Schedule 7, paragraph 2.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 21 — Unnecessary regulation: miscellaneous
Part 3 — Bankruptcy early discharge procedure278
PART 3
BANKRUPTCY  EARLY  DISCHARGE  PROCEDURE
Insolvency Act 1986 (c. 45)
5 In section 279 of the Insolvency Act 1986 (duration of bankruptcy), omit
subsection (2) (bankrupt di scharged early if official receiver files with the
court a notice stating that investigat ion of the conduct and affairs of the
bankrupt is unnecessary or concluded).
SCHEDULE 22 Section 77(4)
LICENSING  OF COPYRIGHT  AND  PERFORMERS ’ RIGHTS
PART 1
REGULATION  OF LICENSING  BODIES
1 In the Copyright, Designs and Patents Act 1988, before Schedule 1 insert—
“SCHEDULE A1
REGULATION  OF LICENSING  BODIES
Codes of practice
1 (1) The Secretary of State may by regulations make provision for a
licensing body to be required to adopt a code of practice thatcomplies with criteria specified in the regulations.
(2) The regulations may provide that, if a licensing body fails to adopt
such a code of practice, any code of practice that is approved forthe purposes of that licensing body  by the Secretary of State, or by
a person designated by the Secretary of State under theregulations, has effect as a code  of practice adopted by the body.
(3) The regulations must provide that a code is not to be approved for
the purposes of provision un der sub-paragraph (2) unless it
complies with criteria specified in the regulations.
2 Regulations under paragraph 1 may make provision as to
conditions that are to be satisfied, and procedures that are to befollowed—
(a) before a licensing body is required to adopt a code of
practice as described in paragraph 1(1);
(b) before a code of practice has effect as one adopted by a
licensing body as described in paragraph 1(2).
Licensing code ombudsman
3 (1) The Secretary of State may by regulations make provision—
(a) for the appointment of a person (the “licensing code
ombudsman”) to investigat e and determine disputesEnterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 22 — Licens ing of copyright an d performers’ rights
Part 1 — Regulation of licensing bodies279
about a licensing body’s co mpliance with its code of
practice;
(b) for the reference of disputes to the licensing code
ombudsman;
(c) for the investigation and determination of a dispute so
referred.
(2) Provision made under this para graph may in particular include
provision—
(a) about eligibility for appo intment as the licensing code
ombudsman;
(b) about the disputes to be referred to the licensing code
ombudsman;
(c) requiring any person to provide information, documents
or assistance to the licens ing code ombudsman for the
purposes of an investigation or determination;
(d) requiring a licensing body to comply with a determination
of the licensing code ombudsman;
(e) about the payment of expe nses and allowances to the
licensing code ombudsman.
Code reviewer
4 (1) The Secretary of State may by regulations make provision—
(a) for the appointment by the Secretary of State of a person
(the “code reviewer”) to review and report to the Secretaryof State on—
(i) the codes of practice adopted by licensing bodies,
and
(ii) compliance with the codes of practice;
(b) for the carrying out of a re view and the making of a report
by that person.
(2) The regulations must provide fo r the Secretary of State, before
appointing a person as the code reviewer, to consult personswhom the Secretary of State considers represent the interests oflicensing bodies, licensees, memb ers of licensing bodies, and the
Intellectual Property Office.
(3) The regulations may, in particular, make provision—
(a) requiring any person to provide information, documents
or assistance to the code re viewer for the purposes of a
review or report;
(b) about the payment of expenses and allowances to the code
reviewer.
(4) In this paragraph “member”, in re lation to a licensing body, means
a person on whose behalf the bo dy is authorised to negotiate or
grant licences.
Sanctions
5 (1) The Secretary of State may by regulations provide for the
consequences of a failure by a licensing body to comply with—Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 22 — Licensing of co pyright and performers’ rights
Part 1 — Regulation of licensing bodies280
(a) a requirement to adopt a code  of practice under provision
within paragraph 1(1);
(b) a code  of pract ice t hat has been adopt ed by the bo dy in
accordance with a requirement under provision withinparagraph 1(1), or that has effect as one adopted by thebody under provision within paragraph 1(2);
(c) a requirement imposed on  the body under any other
provision made unde r this Schedule;
(d) an authorisation under regu lations under section 116A or
116B;
(e) a requirement imposed by regulations under section 116A
or 116B;
(f) an authorisation under regulations under paragraph 1A or
1B of Schedule 2A;
(g) a requirement imposed by regulations under paragraph
1A or 1B of that Schedule.
(2) The regulations may in  particular provide for—
(a) the imposition of financia l penalties or other sanctions;
(b) the imposition of sancti ons on a director, manager or
similar officer of a licensing body or, where the body’saffairs are managed by its members, on a member.
(3) The regulations must include provision—
(a) for determining whether there has been a failure to comply
with a requirement or code of  practice for the purposes of
any provision made under sub-paragraph (1);
(b) for determining any sancti on that may be imposed in
respect of the failure to comply;
(c) for an appeal against a dete rmination within paragraph (a)
or (b).
(4) A financial penalty imposed under sub-paragraph (2) must not be
greater than £50,000.
(5) The regulations may provide for a determination within sub-
paragraph (3)(a) or (3)(b) to be made by the Secretary of State or by
a person designated by the Secretary of State under theregulations.
(6) The regulations may make provis ion for requiring a person to give
the person by whom a determination within sub-paragraph (3)(a)falls to be made (the “adjudicator”) any information that theadjudicator reasonably requires for the purpose of making thatdetermination.
Fees
6 (1) The Secretary of State may by regulations require a licensing body
to which regulations under any ot her paragraph of this Schedule
apply to pay fees to the Secretary of State.
(2) The aggregate amount of fees payable under the regulations must
not be more than the cost to the Secretary of State of administeringthe operation of regulati ons under this Schedule.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 22 — Licens ing of copyright an d performers’ rights
Part 1 — Regulation of licensing bodies281
General
7 (1) The power to make regulations under this Schedule includes in
particular power—
(a) to make incidental, suppl ementary or consequential
provision, including provision extending or restricting the
jurisdiction of the Copyright Tribunal or conferringpowers on it;
(b) to make provision for bodies of a particular description, or
carrying out activities of a particular description, not to betreated as licensing bodi es for the purposes of
requirements imposed unde r regulations under this
Schedule;
(c) to make provision that applie s only in respect of licensing
bodies of a particular descri ption, or only in respect of
activities of a particular description;
(d) otherwise to make different provision for different
purposes.
(2) Regulations under a paragraph of this Schedule may amend Part
1  o r  P a r t  2 ,  o r  a n y  o t h e r  e n a c tment or subordinate legislation
passed or made before the paragraph in question comes into force,for the purpose of making conseq uential provision or extending or
restricting the jurisdiction of the Copyright Tribunal or conferringpowers on it.
( 3 )T h e  p o w e r  t o  m a k e  r e g u l a t i o n s  i s  e x e r c i s a b l e  b y  s t a t u t o r y
instrument.
(4) A statutory instrument containing regulations may not be made
unless a draft of the instrument has been laid before and approved
by a resolution of each  House of Parliament.
8 References in this Schedule to a licensing body are to a body that
is a licensing body for the purpos es of Chapter 7 of Part 1 or
Chapter 2 of Part 2, and references to licensees are to be construedaccordingly.”
P
ART 2
PERFORMERS ’ RIGHTS
2 Schedule 2A to the Copyright, Desi gns and Patents Act 1988 (licensing of
performers’ property rights ) is amended as follows.
3 In the heading of the Schedule omit “property”.
4 In paragraph 1, after sub-paragraph (4) insert—
 “(5) Schedule A1 confers powers to provide for the regulation of
licensing bodies.”Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 22 — Licensing of co pyright and performers’ rights
Part 2 — Performers’ rights282
5 After paragraph 1 insert—
“Power to provide for licensing of orphan rights
1A (1) The Secretary of State may by regulations provide for the grant of
licences to do, or authorise the doing of, acts to which section 182,182A, 182B, 182C, 182CA, 183 or 184 applies in respect of aperformance, where—
(a) the performer’s consent would otherwise be required
under that section, but
(b) the right to authorise or prohibit the act qualifies as an
orphan right under the regulations.
(2) The regulations may—
(a) specify a person or a descri ption of persons authorised to
grant licences, or
(b) provide for a person designated in the regulations to
specify a person or a description of persons authorised togrant licences.
(3) The regulations must provide that, for a right to qualify as an
orphan right, it is a requirement that the owner of the right has not
been found after a diligent search  made in accordance with the
regulations.
(4) The regulations must provide for any licence—
(a) to have effect as if gr anted by the missing owner;
(b) not to give exclusive rights;
(c) not to be granted to a person authorised to grant licences.
(5) The regulations may apply in a case where it is not known
whether a performer’s right subsists, and references to a right, toa missing owner and to an interest of a missing owner are to beread as including references to a supposed right, owner or interest.
Extended collective licensing
1B (1) The Secretary of State may by regulations provide for a licensing
body that applies to the Secretary of State under the regulations to
be authorised to grant licences to do, or authorise the doing of, acts
to which section 182, 182A, 182B, 182C, 182CA, 183 or 184 appliesin respect of a performance, where the right to authorise or
prohibit the act is not owned by  the body or a person on whose
behalf the body acts.
(2) An authorisation must specify the acts to which any of those
sections applies that the licensing  body is authorised to license.
(3) The regulations must provide for the rights owner to have a right
to limit or exclude the grant of lice nces by virtue of the regulations.
(4) The regulations must provide for any licence not to give exclusive
rights.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 22 — Licens ing of copyright an d performers’ rights
Part 2 — Performers’ rights283
General provision about licensing
1C (1) This paragraph and paragraph 1D apply to regulations under
paragraphs 1A and 1B.
(2) The regulations may provide for a body to be or remain authorised
to grant licences only if specified requirements are met, and for aquestion whether they are met to be determined by a person, and
in a manner, specified in the regulations.
(3) The regulations may specify other matters to be taken into account
in any decision to be made unde r the regulations as to whether to
authorise a person to grant licences.
(4) The regulations must provide fo r the treatment of any royalties or
other sums paid in respect of a licence, including—
(a) the deduction of administrative costs;
(b) the period for which sums must be held;
(c) the treatment of sums after th at period (as bona vacantia or
otherwise).
(5) The regulations must provide for circumstances in which an
authorisation to grant licences may be withdrawn, and fordetermining the rights and oblig ations of any person if an
authorisation is withdrawn.
(6) The regulations may include ot her provision for the purposes of
authorisation and licensing, incl uding in particular provision—
(a) for determining the rights an d obligations of any person if
a right ceases to qualify as an orphan right (or ceases toqualify by reference to any rights owner), or if a rightsowner exercises the right refe rred to in paragraph 1B(3),
while a licence is in force;
(b) about maintenance of registers and access to them;
(c) permitting the use of a wo rk for incidental purposes
including an application or search;
(d) for a right conferred by section 205C to be treated as
having been asserted under section 205D;
(e) for the payment of fees to cover administrative expenses.
1D (1) The power to make regulations includes power—
(a) to make incidental, suppl ementary or consequential
provision, including provision extending or restricting the
jurisdiction of the Copyright Tribunal or conferringpowers on it;
(b) to make transitional, tran sitory or saving provision;
(c) to make different provis ion for different purposes.
(2) Regulations under any provisio n may amend this Part, or any
other enactment or subordinate legislation passed or made beforethat provision comes into force, for the purpose of makingconsequential provision or extendin g or restricting the jurisdiction
of the Copyright Tribunal or  conferring powers on it.
(3) Regulations may make provisio n by reference to guidance issued
from time to time by any person.Enterprise and Regulatory Reform Act 2013 (c. 24)
Schedule 22 — Licensing of co pyright and performers’ rights
Part 2 — Performers’ rights284
( 4 )T h e  p o w e r  t o  m a k e  r e g u l a t i o n s  i s  e x e r c i s a b l e  b y  s t a t u t o r y
instrument.
(5) A statutory instrument containing regulations may not be made
unless a draft of the instrument has been laid before and approved
by a resolution of each House of Parliament.”
6 In section 205A of the Copyright, Designs and Patents Act 1988, and in the
italic heading before that section (lic ensing of performers’ property rights),
omit “property”.