SCHEDULES
SCHEDULE 14Regulators: use of powers under the 1998 Act
The Energy (Northern Ireland) Order 2003 (S.I. 2003/419 (N.I. 6))
I125
1
Article 42 (orders for securing compliance) is amended as follows.
2
In paragraph (1), for “, (5) and” substitute “
and (5) to
”
.
3
In paragraphs (2) and (4), for “(5) and” substitute “
(5) to
”
.
4
In paragraph (5), omit sub-paragraph (b) and the “or” preceding it.
5
After that paragraph insert—
5A
Before making a final order or making or confirming a provisional order in relation to a licence holder, the Authority shall consider whether it would be more appropriate to proceed under the Competition Act 1998.
5B
The Authority shall not make a final order or make or confirm a provisional order in relation to a licence holder if it considers that it would be more appropriate to proceed under the Competition Act 1998.
6
In paragraph (7)—
a
in the words before sub-paragraph (a), after “(6)” insert “
or decides that it would be more appropriate to proceed under the Competition Act 1998
”
, and
b
in sub-paragraph (a), after “satisfied” insert “
or has so decided
”
.