86 Functions exercisable by CAA and [CMA]

86  Functions exercisable by CAA and [CMA]

(1)     The functions to which subsections (2) and (3) apply shall be concurrent functions of the CAA and [the CMA].

[(2)     This subsection applies to the [CMA's] functions under Part 4 of the 2002 Act (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 the supply of air traffic services.]

[(3)     This subsection applies to the [CMA's] functions under the provisions of Part 1 of the 1998 Act (other than sections 31D(1) to (6)[, 35C], 38(1) to (6)[, 40B(1) to (4)] and 51), so far as relating to—

(a)     agreements, decisions or concerted practices of the kind mentioned in section 2(1) of that Act, [or]

(b)     conduct of the kind mentioned in section 18(1) of that Act, [or]

[(c)     transferred

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