Competition Act 1998

The regulators

35 (1) Subject to sub-paragraph (3), each of the regulators may exercise, in respect of sectoral matters and concurrently with the Director, the functions of the Director under paragraph 3, 7, 19(3), 36, 37, 38 or 39.

(2) In sub-paragraph (1) “sectoral matters” means—

(a) in the case of the Director General of Telecommunications, the matters referred to in section 50(3) of the [1984 c. 12.] Telecommunications Act 1984;

(b) in the case of the Director General of Gas Supply, the matters referred to in section 36A(3) and (4) of the [1986 c. 44.] Gas Act 1986;

(c) in the case of the Director General of Electricity Supply, the matters referred to in section 43(3) of the [1989 c. 29.] Electricity Act 1989;

(d) in the case of the Director General of Electricity Supply for Northern Ireland, the matters referred to in Article 46(3) of the [S.I. 1992/231 (N.I.1).] Electricity (Northern Ireland) Order 1992;

(e) in the case of the Director General of Water Services, the matters referred to in section 31(3) of the [1991 c. 56.] Water Industry Act 1991;

(f) in the case of the Rail Regulator, the matters referred to in section 67(3) of the [1993 c. 43.] Railways Act 1993;

(g) in the case of the Director General of Gas for Northern Ireland, the matters referred to in Article 23(3) of the [S.I. 1996/275 (N.I.2).] Gas (Northern Ireland) Order 1996.

(3) The power to give directions in paragraph 7(2) is exercisable by the Director only but if the Director is preparing directions which relate to a matter in respect of which a regulator exercises concurrent jurisdiction, he must consult that regulator.

(4) Consultations conducted by the Director before the enactment date, with a view to preparing directions which have effect on or after that date, are to be taken to satisfy sub-paragraph (3).

(5) References to enactments in sub-paragraph (2) are to the enactments as amended by or under this Act.