The Energy (Northern Ireland) Order 2003

Changes over time for: Paragraph 6

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The Energy (Northern Ireland) Order 2003, Paragraph 6 is up to date with all changes known to be in force on or before 09 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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Changes and effects yet to be applied to the whole Order associated Parts and Chapters:

Whole provisions yet to be inserted into this Order (including any effects on those provisions):

Sch. 2 para. 5(7) inserted by 2024 c. 13 Sch. 30 para. 36(5)
art. 12(5AA) inserted by S.I. 2019/530 reg. 135(4) (This amendment not applied to legislation.gov.uk. Reg. 135 omitted (15.9.2020) by virtue of S.I. 2020/1016, regs. 1(2), 3(49))
art. 63(6)(y) inserted by 2024 c. 13 Sch. 30 para. 35(b)

This section has no associated Explanatory Memorandum

6.—(1) In making a report on a reference under paragraph 3, the [F1CMA] shall include in the report definite conclusions on whether the fact that the activities specified in the reference (or the reference as varied) are not licensable activities operates, or may be expected to operate, against the public interest.N.I.

(2) The [F2CMA] shall also include in the report such an account of its reasons for those conclusions as in its opinion is expedient for facilitating proper understanding of the questions raised by the reference and of its conclusions.

(3) Where the [F3CMA] concludes that the fact that particular activities are not licensable activities operates, or may be expected to operate, against the public interest, it shall specify in the report—

(a)the effects adverse to the public interest which that fact has or may be expected to have; and

(b)any modifications to the conditions specified in the reference in accordance with paragraph 3(3)(a) which it considers appropriate.

(4) For the purposes of paragraph 2(6), a conclusion contained in a report of the [F4CMA] is to be disregarded if the conclusion is not that of at least two-thirds of the members of the group constituted[F5by the chair of the CMA for the purpose of carrying out the functions of the CMA with respect to the reference].

(5) If a member of a group so constituted disagrees with any conclusions contained in a report made on a reference under paragraph 3 as the conclusions of the [F6CMA], the report shall, if the member so wishes, include a statement of his disagreement and of his reasons for disagreeing.

(6) For the purposes of the law relating to defamation, absolute privilege attaches to any report made by the [F7CMA] on a reference under paragraph 3.

(7) In making any report on a reference under paragraph 3 the [F8CMA] must have regard to the following considerations before disclosing any information.

(8) The first consideration is the need to exclude from disclosure (so far as practicable) any information whose disclosure the [F9CMA] thinks is contrary to the public interest.

(9) The second consideration is the need to exclude from disclosure (so far as practicable)—

(a)commercial information whose disclosure the [F10CMA] thinks might significantly harm the legitimate business interests of the undertaking to which it relates, or

(b)information relating to the private affairs of an individual whose disclosure the [F11CMA] thinks might significantly harm the individual's interests.

(10) The third consideration is the extent to which the disclosure of the information mentioned in sub-paragraph (9)(a) or (b) is necessary for the purposes of the report.

(11) A report of the [F12CMA] on a reference under paragraph 3 shall be made to the Authority.

(12) On receiving the report, the Authority shall send a copy of it to the Department.

(13) Subject to sub-paragraph (14), the Authority shall, not less than 14 days after the copy is received by the Department, send another copy to the Council and publish that other copy in such manner as the Authority considers appropriate for bringing the report to the attention of persons likely to be affected by it.

(14) If it appears to the Department that the publication of any matter in the report would be against the public interest or the commercial interests of any person, it may, before the end of the period of 14 days mentioned in sub-paragraph (13), direct the Authority to exclude that matter from the copy of the report to be sent to the Council and published under that sub-paragraph.

F1Word in Sch. 2 para. 6(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 26(4), 103(3), Sch. 6 para. 170(8)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F2Word in Sch. 2 para. 6(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 26(4), 103(3), Sch. 6 para. 170(8)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F3Word in Sch. 2 para. 6(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 26(4), 103(3), Sch. 6 para. 170(8)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F4Word in Sch. 2 para. 6(4) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 26(4), 103(3), Sch. 6 para. 170(8)(c)(i); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F5Words in Sch. 2 para. 6(4) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 26(4), 103(3), Sch. 6 para. 170(8)(c)(ii); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F6Word in Sch. 2 para. 6(5) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 26(4), 103(3), Sch. 6 para. 170(8)(d); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F7Word in Sch. 2 para. 6(6) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 26(4), 103(3), Sch. 6 para. 170(8)(d); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F8Word in Sch. 2 para. 6(7) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 26(4), 103(3), Sch. 6 para. 170(8)(d); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F9Word in Sch. 2 para. 6(8) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 26(4), 103(3), Sch. 6 para. 170(8)(d); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F10Word in Sch. 2 para. 6(9)(a) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 26(4), 103(3), Sch. 6 para. 170(8)(d); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F11Word in Sch. 2 para. 6(9)(b) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 26(4), 103(3), Sch. 6 para. 170(8)(d); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F12Word in Sch. 2 para. 6(11) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 26(4), 103(3), Sch. 6 para. 170(8)(d); S.I. 2014/416, art. 2(1)(d) (with Sch.)