370 OFCOM's functions under Part 4 of the Enterprise Act 2002
Communications Act 2003 (2003 c 21) | Legislation

370  OFCOM's functions under Part 4 of the Enterprise Act 2002

(1)     The functions to which subsection (2) applies shall be concurrent functions of OFCOM and the [Competition and Markets Authority (referred to in this Part as “the CMA”)].

(2)     This subsection applies to the functions of the [CMA] under Part 4 of the Enterprise Act 2002 (market investigations) (other than sections 166[, 167C][, 171 and 174E]) so far as [those functions—

(a)     are exercisable by the CMA Board (within the meaning of Schedule 4 to the Enterprise and Regulatory Reform Act 2013), and

(b)     relate to] commercial activities connected with communications matters.

(3)     So far as necessary for the purposes of, or in connection with, subsections [(1) and (2)—

(a)     references] in Part 4 of the Enterprise Act 2002 to the [CMA] (including references in provisions of that Act applied by that Part) shall be construed as including references to OFCOM [(except in sections 166[, 167C], 171 and 174E and where the context otherwise requires);

(b)     references in that Part to the CMA carrying out functions under section 5 of the Enterprise Act 2002 are to be construed as including references to OFCOM exercising powers under section 1(3) of

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