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 ”.