The Electricity (Northern Ireland) Order 1992

Functions with respect to competition N.I.

46.  Para. (1) rep. by 2002 c. 40

[F1 (2) The functions to which paragraph (2A) applies shall be concurrent functions of the Director and the [F2 CMA].

(2A) This paragraph applies to the functions of the [F3 CMA] under Part 4 of the Enterprise Act 2002 (other than sections 166 [F4 , 171 and 174E]) so far as [F5 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 the generation, transmission [F6 , distribution] or supply of electricity.

(2B) So far as necessary for the purposes of, or in connection with, paragraphs [F7 (2) and (2A)—

(a) references] in Part 4 of the Act of 2002 to the [F8 CMA] (including references in provisions of that Act applied by that Part) shall be construed as including references to the Director (except in sections 166 [F9 , 171 and 174E] of that Act and in any other provision of that Act where the context otherwise [F10 requires);

(b) references in that Part to section 5 of the Act of 2002 are to be construed as including references to Article 50(1) of this Order.]]

[F11 (2C) Section 130A of the Enterprise Act 2002 is to have effect in its application to the Authority by virtue of paragraphs (2) and (2A)—

(a) as if for subsection (1) of that section there were substituted—

“(1) Where the Northern Ireland Authority for Utility Regulation—

(a) is proposing to carry out its functions under Article 50(1) of the Electricity (Northern Ireland) Order 1992 in relation to a matter for the purposes mentioned in subsection (2), and

(b) considers that the matter is one in respect of which it would be appropriate for the Authority to exercise its powers under section 174 (investigation) in connection with deciding whether to make a reference under section 131,

the Authority must publish a notice under this section (referred to in this Part as a “market study notice”).”, and

(b) as if in subsection (2)(a) of that section, for “the acquisition or supply of goods or services of one or more than one description in the United Kingdom” there were substituted “ commercial activities connected with the generation, transmission, distribution or supply of electricity ”.]

[F12 [F13 (3) The Director shall be entitled to exercise, concurrently with the [F14 CMA], the functions of the [F14 CMA] under the provisions of Part 1 of the Competition Act 1998 (other than sections 31D(1) to (6), 38(1) to (6) [F15 , 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,

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

(c) agreements, decisions or concerted practices of the kind mentioned in Article 81(1) of the treaty establishing the European Community, or

(d) conduct which amounts to abuse of the kind mentioned in Article 82 of the treaty establishing the European Community,

which relate to commercial activities connected with the generation, transmission [F6 , distribution] or supply of electricity.]

(3A) So far as necessary for the purposes of, or in connection with, the provisions of paragraph (3), references in Part I of the Competition Act 1998 to[F16 the CMA] are to be read as including a reference to the Director ([F13 except in sections 31D(1) to (6), 38(1) to (6)][F17 , 40B(1) to (4)], 51, 52(6) and (8) and 54 of that Act and in any other provision of that Act where the context otherwise requires).]

[F1 (4) Before the [F18 CMA] or the Director first exercises in relation to any matter functions which are exercisable concurrently by virtue of paragraph (2), it or he shall consult the other.

(4A) Neither the [F19 CMA] nor the Director shall exercise in relation to any matter functions which are exercisable concurrently by virtue of paragraph (2) if functions which are so exercisable have been exercised in relation to that matter by the other.]

(5) It shall be the duty of the Director, for the purpose of assisting[F20 a CMA group] in carrying out an investigation on a [F21 market investigation reference made by the Authority (under section 131 of the Act of 2002)] by virtue of paragraph (2)F12 . . . , to give to the [F22 group]—

(a) any information which is in his possession and which relates to matters falling within the scope of the investigation and—

(i) is requested by the [F22 group] for that purpose; or

(ii) is information which in his opinion it would be appropriate for that purpose to give to the [F22 group] without any such request; and

(b) any other assistance which the [F22 group] may require and which it is within his power to give, in relation to any such matters,

and the [F22 group] shall, for the purposes of carrying out any such investigation, take into account any information given to them for that purpose under this paragraph.

[F23 (5A) In paragraph (5) “CMA group” has the same meaning as in Schedule 4 to the Enterprise and Regulatory Reform Act 2013.]

(6) [F24 If any question arises as to whether paragraph (2) or (3) applies to any particular case]F25 . . . F26 . . . , that question shall be referred to and determined by the Department; and no objection shall be taken to anything done under—

(a) [F1 Part 4 of the Enterprise Act 2002] ([F27 market investigations]); or

[F12 (b) Part I of the Competition Act 1998 ([F13 other than sections 31D(1) to (6), 38(1) to (6)][F28 , 40B(1) to (4)] and 51),]

by or in relation to the Director on the ground that it should have been done by or in relation to[F29 the CMA].

[F1 (6A) Section 117 of the Enterprise Act 2002 (offences of supplying false or misleading information) as applied by section 180 of that Act shall have effect so far as relating to functions exercisable by the Director by virtue of paragraph (2) as if the references in section 117(1)(a) and (2) to the [F30 CMA] included references to the Director.]

Para. (7) rep. by 2002 c. 40

F1 2002 c. 40

F2 Word in art. 46(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 2, Sch. 1 para. 216(2) (with art. 3)

F3 Word in art. 46(2A) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 2, Sch. 1 para. 216(3)(b) (with art. 3)

F4 Words in art. 46(2A) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 2, Sch. 1 para. 216(3)(a) (with art. 3)

F5 Words in art. 46(2A) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 2, Sch. 1 para. 216(3)(c) (with art. 3)

F6 Word in art. 46(2A)(3) inserted (15.4.2011) by Gas and Electricity (Internal Markets) Regulations (Northern Ireland) 2011 (S.R. 2011/155), reg. 26

F7 Words in art. 46(2B) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 2, Sch. 1 para. 216(4)(a) (with art. 3)

F8 Word in art. 46(2B) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 2, Sch. 1 para. 216(4)(b) (with art. 3)

F9 Words in art. 46(2B) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 2, Sch. 1 para. 216(4)(c) (with art. 3)

F10 Words in art. 46(2B) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 2, Sch. 1 para. 216(4)(d) (with art. 3)

F11 Art. 46(2C) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 2, Sch. 1 para. 216(5) (with art. 3)

F12 1998 c.41

F13 SI 2004/1261

F14 Word in art. 46(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 2, Sch. 1 para. 216(6) (with art. 3)

F15 Words in art. 46(3) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 57, 103(3), Sch. 15 para. 53; S.I. 2014/416, art. 2(1)(f) (with Sch.)

F16 Words in art. 46(3A) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 2, Sch. 1 para. 216(7) (with art. 3)

F17 Words in art. 46(3A) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 57, 103(3), Sch. 15 para. 53; S.I. 2014/416, art. 2(1)(f) (with Sch.)

F18 Word in art. 46(4) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 2, Sch. 1 para. 216(6) (with art. 3)

F19 Word in art. 46(4A) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 2, Sch. 1 para. 216(6) (with art. 3)

F20 Words in art. 46(5) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 2, Sch. 1 para. 216(8)(a)(i) (with art. 3)

F21 Words in art. 46(5) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 2, Sch. 1 para. 216(8)(a)(ii) (with art. 3)

F22 Word in art. 46(5) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 2, Sch. 1 para. 216(8)(b) (with art. 3)

F23 Art. 46(5A) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 2, Sch. 1 para. 216(9) (with art. 3)

F24 Words in art. 46(6) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 51(5), 103(3), Sch. 14 para. 23; S.I. 2014/416, art. 2(1)(e) (with Sch.)

F25 2002 c. 40

F26 1994 c.40

F27 Words in art. 46(6) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 2, Sch. 1 para. 216(10)(a) (with art. 3)

F28 Words in art. 46(6)(b) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 57, 103(3), Sch. 15 para. 53; S.I. 2014/416, art. 2(1)(f) (with Sch.)

F29 Words in art. 46(6) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 2, Sch. 1 para. 216(10)(b) (with art. 3)

F30 Word in art. 46(6A) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 2, Sch. 1 para. 216(6) (with art. 3)