Electricity Act 1989

[F1 2. (1) The [F2 CMA] may direct that, pending the determination of an appeal against a decision of the Authority— U.K.

(a) the decision is not to have effect; or

(b) the decision is not to have effect to such extent as may be specified in the direction.

[F3 (1A) In the case of an appeal against a decision of the Authority which already has effect by virtue of section 11AA, the CMA may direct that the modification that is the subject of the decision—

(a) ceases to have effect entirely or to such extent as may be specified in the direction, and

(b) does not have effect, or does not have effect to the specified extent, pending the determination of the appeal.]

(2) The power to give a direction under this paragraph is exercisable only where—

(a) an application for its exercise has been made by the appellant at the same time the appellant made an application in accordance with paragraph 1(3) for permission to bring an appeal against a decision of the Authority;

(b) [F4 the Authority has been given] an opportunity of making representations or observations, in accordance with paragraph 3(2);

(c) the relevant licence holder, the licence holder or consumers whose interests are materially affected mentioned in section 11C(2) (as the case may be) would incur significant costs if the decision were to have effect before the determination of the appeal; and

(d) the balance of convenience does not otherwise require effect to be given to the decision pending that determination.

(3) The [F5 CMA's] decision on an application for a direction under this paragraph must be made—

(a) where the Authority makes representations or observations in accordance with paragraph 3(2), before the end of 10 working days beginning with the first working day after the day on which those representations or observations are received;

(b) in any other case, before the end of 14 working days beginning with the first working day following the day on which the application under sub-paragraph (2)(a) is received.

(4) The appellant must send the Authority a copy of the application for a direction under this paragraph at the same time as it is sent to the [F6 CMA] .

(5) The [F7 CMA's] decision whether to give a direction is to be taken by an authorised member of the [F8 CMA] .

(6) A direction under this paragraph must be—

(a) given by an authorised member of the [F9 CMA] ; and

(b) published, in such manner as [F10 an authorised member of the CMA] considers appropriate, as soon as reasonably practicable after it is given.

(7) Section 11H(2) applies to the publication of a direction under sub-paragraph (6) as it does to the publication of a decision under section 11H.]

Textual Amendments

F1 Sch. 5A inserted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 43(9), Sch. 6 (with reg. 44)

F2 Word in Sch. 5A para. 2(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 44(3)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F3 Sch. 5A para. 2(1A) inserted (E.W.S.) (30.4.2024) by Smart Meters Act 2018 (c. 14), ss. 13(4), 14(3); S.I. 2024/465, reg. 2(c)

F4 Words in Sch. 5A para. 2(2)(b) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 44(3)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F5 Word in Sch. 5A para. 2(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 44(3)(c); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F6 Word in Sch. 5A para. 2(4) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 44(3)(d); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F7 Word in Sch. 5A para. 2(5) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 44(3)(e)(i); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F8 Word in Sch. 5A para. 2(5) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 44(3)(e)(ii); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F9 Word in Sch. 5A para. 2(6)(a) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 44(3)(f)(i); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F10 Words in Sch. 5A para. 2(6)(b) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 44(3)(f)(ii); S.I. 2014/416, art. 2(1)(d) (with Sch.)