Moved by
Lord Marland
26B: After Clause 45, insert the following new Clause—
“Power to remove concurrent competition functions of sectoral regulators
(1) The Secretary of State may by order made by statutory instrument amend any enactment so as to remove from a sectoral regulator 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.
(2) An order under subsection (1) may make such other amendments of any enactment as the Secretary of State considers appropriate in consequence of the removal of the functions.
(3) Each of the following is a sectoral regulator—
(a) the Office of Communications;
(b) the Gas and Electricity Markets Authority;
(c) the Water Services Regulation Authority;
(d) the Office of Rail Regulation;
(e) the Northern Ireland Authority for Utility Regulation;
(f) the Civil Aviation Authority.
(4) Before making an order under subsection (1), the Secretary of State must consult—
(a) the regulator whose functions would be removed by the order,
(b) any bodies who appear to the Secretary of State to represent the interests of persons in respect of whom those functions are exercisable (“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,
(d) the CMA,
(e) where the regulator is the Office of Rail Regulation, the Scottish Ministers,
(f) where the regulator is the Northern Ireland Authority for Utility Regulation, the Department of Enterprise, Trade and Investment in Northern Ireland and the Department for Regional Development in Northern Ireland,
(g) where the regulator is the Water Services Regulation Authority, the Welsh Ministers, and
(h) in any case, such other persons as the Secretary of State considers appropriate.
(5) An order under this section may include transitional, transitory or saving provision.
(6) A statutory instrument containing an order under this section 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 subsections (1) and (4) are to be read, in relation to any time before the commencement of section 20(3), as references to the Office of Fair Trading.”