Independent monitoring and functions of the CMA
To ensure that there are independent arrangements to support the smooth operation of the UK internal market on an ongoing basis, this Act provides for a set of reporting, advisory and monitoring functions supported by information gathering powers.
	The Competition and Markets Authority ("CMA") was chosen by UK Government Ministers as the most appropriate body to operate these new UK internal market functions. The Office for the Internal Market ("OIM") will be established within the CMA to carry out these responsibilities, ensuring that necessary functions are carried out with sufficient independence, impartiality, and visibility.
	The CMA was established in 2013 by the Enterprise and Regulatory Reform Act ("ERRA") as a non-Ministerial department which performs its functions on behalf of the Crown. Competition law functions were transferred to the CMA on 1 April 2014. Under section 25(3) of ERRA the CMA has a statutory duty to seek to promote competition, both within and outside the UK, for the benefit of consumers.
	The Act will confer new functions on the newly established OIM within the CMA to cover monitoring of the ‘health of the market’, as well as the reporting and advice on the economic impact of proposals and regulations on the UK internal market, including their impact on intra-UK trade, investment, and competition. The exercise of these functions will provide all administrations, legislatures, and external stakeholders with published reporting on developments and trends in the UK internal market. The CMA’s existing information gathering powers in section 174 of the Enterprise Act 2002 have been modified to apply to UK internal market functions.
	The Act will establish an Office for the Internal Market panel and task groups to carry out the CMA’s independent functions. The Secretary of State will appoint an OIM panel Chair and panel members following a fair and open recruitment process, with the panel Chair also being a member of the CMA Board. The Secretary of State will be required to obtain the consent of the devolved administrations prior to making appointments to the OIM panel. If consent is not received from one or all administrations to one or all appointments following a one-month consent period, the Secretary of State can proceed with the appointment with a requirement to give the administrations which did not give consent the reasons for doing so.