S T A T U T O R Y I N S T R U M E N T S
2014No. 549
COMPETITION
The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014
6thMarch2014
10thMarch2014
1stApril2014
The Secretary of State, in exercise of the powers conferred by section 99(1), (2) and (3) of the Enterprise and Regulatory Reform Act 2013( 1), makes the following Order:
Citation, commencement, interpretation and extent
1. (1) This Order may be cited as the Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 and comes into force on 1st April 2014.
(2) In this Order-
"the Act" means the Enterprise and Regulatory Reform Act 2013;
"CMA" means the Competition and Markets Authority;
"commencement date" means 1st April 2014;
"Commission" means the Competition Commission;
"OFT" means the Office of Fair Trading; and
"the 2002 Act" means the Enterprise Act 2002( 2).
(3) An amendment or revocation made by this Order has the same extent as the provision to which it relates.
Consequential amendments to other legislation etc.
2. Schedule 1 (which amends secondary legislation to make provision for the transfer of certain functions from the OFT and the Commission to the CMA and contains amendments consequential on Parts 3 and 4 of the Act) has effect.
Continuity of functions
3. (1) Anything which, immediately before the commencement date, is in the process of being done by or in relation to the transferor may, so far as it relates to a relevant function, be continued by or in relation to the transferee.
(2) Anything done (or having effect as if done) by or in relation to the transferor for the purposes of or in connection with a relevant function is, if in force or effective immediately before the commencement date, to have effect as if done by or in relation to the transferee so far as that is required for continuing its effect on or after the commencement date.
(3) In the application of paragraph (1)or (2)-
(a) any reference made before the commencement date under section 32 of the Water Industry Act 1991( 3) to the Commission is to be treated, so far as provided by those paragraphs, as a reference under that section to the chair of the CMA for the constitution of a CMA group,
(b) where any functions exercisable immediately before the commencement date by a Commission group are to be exercisable on or after that date by a CMA group-
(i) any person who, immediately before the commencement date, is a member of the Commission group is to be treated, on or after that date, as a member of the CMA group concerned if the person is a member of the CMA panel,
(ii) any person who, immediately before the commencement date, is the chairman of the Commission group is to be treated, on or after that date, as the chair of the CMA group if the person is a member of the CMA panel, and
(iii) the persons treated as mentioned in paragraph (i) or (ii) are to be treated, on or after the commencement date, as if they have been constituted in accordance with Part 3 of Schedule 4 to the Act as the chair and other members of the CMA group (and that Part applies accordingly in relation to the operation of the group), and
(c) an authorisation given (whether by warrant or otherwise) before the commencement date, so far as it authorises a named member, or member of staff, of the OFT or the Commission, continues to authorise that individual (but no other) on or after the commencement date if, and only if, the individual is a member, or (as the case may be), a member of staff, of the CMA.
(4) Paragraphs (1) to (3)-
(a) do not apply in relation to any matter dealt with by a transfer scheme under section 27 of the Act or by any other transitional provision made by virtue of the Act; and
(b) do not apply so as to convert an appointment as a member of the OFT or the Commission into an appointment as a member of the CMA.
(5) Any enactment, instrument or other document passed or made before the commencement date is to have effect, so far as necessary for the purposes of or in consequence of its continued effect by virtue of Schedule 2, as if any references (however expressed) to the transferor were references to the transferee.
(6) Any enactment, instrument or other document passed or made before the commencement date is to have effect, so far as necessary for the purposes of or in consequence of anything transferred from the transferor to the transferee by virtue of this Order as if any references (however expressed) to the transferor were references to the transferee.
(7) The repeals of section 45(4) of the Competition Act 1998( 4) and section 2(3) of the 2002 Act( 5) by Parts 3 and 4 of Schedule 5 to the Act do not apply so far as those sections create references to the transferor to which paragraph (5)or (6)above are capable of applying.
(8) The abolition of the OFT or the Commission does not affect the validity of anything done (or having effect as if done) by or in relation to the transferor before the commencement date.
(9) In this article-
"CMA Board" has the same meaning as in Schedule 4 to the Act (see Part 2 of that Schedule);
"CMA group" means a group constituted in accordance with Part 3 of Schedule 4 to the Act;
"CMA panel" has the same meaning as in Schedule 4 to the Act (see Part 3 of that Schedule);
"Commission group" means a group constituted under any enactment or instrument to perform functions of the Commission;
"relevant function" means any function of the transferor which is transferred to the transferee by this Order;
"transferee" means the CMA, the CMA Board, a CMA group, the chair of the CMA or another member of the CMA or (as the case may be) a member of staff of the CMA;
"transferor" means the OFT, the Commission, a Commission group, the chairman of the OFT or Commission, another member of the OFT or Commission, or a member of staff of the OFT or the Commission;
and references in this article to things done include references to things omitted to be done.
(10) Schedule 2 (which makes further transitional provision in relation to amendments in Schedule 1) has effect.
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Jenny Willott
Parliamentary Under Secretary of State for Employment Relations and Consumer Affairs
Department for Business, Innovation and Skills
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6th March 2014 |
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SCHEDULE 1
Article 2
TRANSFER OF FUNCTIONS OF OFT AND COMPETITION COMMISSION TO CMA AND AMENDMENTS CONSEQUENTIAL ON PARTS 3 AND 4 OF THE ACT
PART 1
Amendments to secondary legislation principally concerned with competition
EEC Merger Control (Distinct Market Investigations) Regulations 1990
1. (1) The EEC Merger Control (Distinct Market Investigations) Regulations 1990( 6) are amended as follows.
(2) In regulation 2-
(a) for "Office of Fair Trading ("the OFT")" substitute "Competition and Markets Authority ("the CMA")", and
(b) for "OFT" (in each place where it occurs) substitute "CMA".
(3) In regulation 3, for "OFT" (in each place where it occurs) substitute "CMA".
Competition Act 1998 (Determination of Turnover for Penalties) Order 2000
2. In the Competition Act 1998 (Determination of Turnover for Penalties) Order 2000( 7), in article 3 (determination of turnover for the purposes of section 36(8)), for "OFT" substitute "CMA".
Supply of New Cars Order 2000
3. (1) The Supply of New Cars Order 2000( 8) is amended as follows.
(2) In article 1(2) (citation, commencement and interpretation), at the appropriate place, insert-
""CMA" means the Competition and Markets Authority;".
(3) In article 4-
(a) for "Director General of Fair Trading" substitute "CMA",
(b) for "he" substitute "it", and
(c) for "him" substitute "the CMA".
(4) In article 14 (directions by the Secretary of State as to compliance)-
(a) in paragraphs (1) and (3), for "Office of Fair Trading" substitute "CMA", and
(b) in the heading, for "Secretary of State" substitute "Competition and Markets Authority".
Foreign Package Holidays (Tour Operators and Travel Agents) Order 2000
4. In the Foreign Package Holidays (Tour Operators and Travel Agents) Order 2000( 9), in article 7 (directions by the Secretary of State as to compliance measures), in paragraphs (1) and (2), for "Office of Fair Trading" substitute "Competition and Markets Authority",
Competition Act 1998 (Public Transport Ticketing Schemes Block Exemption) Order 2001
5. (1) The Competition Act 1998 (Public Transport Ticketing Schemes Block Exemption) Order 2001( 10) is amended as follows.
(2) In article 3-
(a) in the definition of "the register"-
(i) for "Office of Fair Trading" substitute "CMA",
(ii) for "Office of Fair Trading's" (where it first appears) substitute "CMA's", and
(iii) for "Competition Act 1998 (Office of Fair Trading's Rules) Order 2004" substitute "Competition Act 1998 (Competition and Markets Authority's Rules) Order 2014", and
(b) in the definition of "working day", for "Office of Fair Trading" substitute "office of the CMA".
(3) In article 17 (obligation), for "Director" (in each place where it occurs) substitute "CMA".
(4) In article 18 (cancellation by notice), for "Director" substitute "CMA".
(5) In article 19-
(a) for "Director" substitute "CMA", and
(b) for "he" substitute "it".
(6) In article 20-
(a) for "Director" substitute "CMA",
(b) for "he" substitute "the CMA",
(c) for "his" substitute "its", and
(d) for "him" substitute "it".
(7) In article 21-
(a) in paragraph (a),-
(i) for "Director" substitute "CMA",
(ii) for "his" substitute "its", and
(iii) for "he" substitute "the CMA", and
(b) in paragraph (b)-
(i) for "Office of Fair Trading" (in each place where it occurs) substitute "CMA", and
(ii) for "he bases it and his" substitute "the CMA bases its decision or proposal and its".
Competition Act 1998 (Section 11 Exemption) Regulations 2001
6. (1) The Competition Act 1998 (Section 11 Exemption) Regulations 2001( 11) are amended as follows.
(2) In regulation 2 (interpretation), for the definition of "the Director's rules" substitute-
""the CMA's...
