Competition Act 1998

Part III U.K. The Prohibitions: Northern Ireland

Electricity U.K.

7 (1) In consequence of the repeal by this Act of provisions of the M1 Competition Act 1980, the functions transferred by paragraph (3) of Article 46 of the M2 Electricity (Northern Ireland) Order 1992 (functions with respect to competition) are no longer exercisable by the Director General of Electricity Supply for Northern Ireland. U.K.

(2) Accordingly, that Order is amended as follows.

(3) [F1 In Article 6 (general duties of the Director), after paragraph (2), add—

“(3) Paragraph (1) does not apply in relation to anything done by the Director in the exercise of functions assigned to him by Article 46(3) (“Competition Act functions”).

(4) The Director may nevertheless, when exercising any Competition Act function, have regard to any matter in respect of which a duty is imposed by paragraph (1) (“a general matter”), if it is a matter to which the Director General of Fair Trading could have regard when exercising that function; but that is not to be taken as implying that, in the exercise of any function mentioned in Article 4(7) or paragraph (2), regard may not be had to any general matter.”]

(4) Article 46 is amended as follows.

(5) For paragraph (3) substitute—

“(3) The Director shall be entitled to exercise, concurrently with the Director General of Fair Trading, the functions of that Director under the provisions of Part I of the Competition Act 1998 (other than sections 38(1) to (6) and 51), so far as relating to—

(a) agreements, decisions or concerted practices of the kind mentioned in section 2(1) of that Act, or

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

which relate to commercial activities connected with the generation, transmission 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 the Director General of Fair Trading are to be read as including a reference to the Director (except in sections 38(1) to (6), 51, 52(6) and (8) and 54 of that Act and in any other provision of that Act where the context otherwise requires).”

F2 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In paragraph (5), omit “or (3)”.

(8) In paragraph (6), for sub-paragraph (b) substitute—

“(b) Part I of the Competition Act 1998 (other than sections 38(1) to (6) and 51),”.

F3 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 10 para. 7(3) repealed (N.I.) (1.4.2003) by The Energy (Northern Ireland) Order 2003 (S.I. 2003/419), art. 1(2), Sch. 5; S.R. 2003/203, art. 2, Sch.

F2 Sch. 10 para. 7(6) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

F3 Sch. 10 para. 7(9) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

Commencement Information

I1 Sch. 10 para. 7 wholly in force; Sch. 10 para. 7 not in force at Royal Assent see s. 76(3); Sch. 10 para. 7 in force for certain purposes at 26.11.1998 by S.I. 1998/2750, art. 2; SCh. 10 para. 7 fully in force at 1.3.2000 by S.I. 2000/344, art. 2, Sch.

Marginal Citations

M1 1980 c. 21.

M2 S.I. 1992/231 (N.I. 1).

Gas U.K.

8 (1) In consequence of the repeal by this Act of provisions of the M3 Competition Act 1980, the functions transferred by paragraph (3) of Article 23 of the M4 Gas (Northern Ireland) Order 1996 (functions with respect to competition) are no longer exercisable by the Director General of Gas for Northern Ireland. U.K.

(2) Accordingly, that Order is amended as follows.

(3) [F4 In Article 5 (general duties of the Department and Director), after paragraph (4), insert—

“(4A) Paragraphs (2) to (4) do not apply in relation to anything done by the Director in the exercise of functions assigned to him by Article 23(3) (“Competition Act functions”).

(4B) The Director may nevertheless, when exercising any Competition Act function, have regard to any matter in respect of which a duty is imposed by any of paragraphs (2) to (4), if it is a matter to which the Director General of Fair Trading could have regard when exercising that function.”]

(4) Article 23 is amended as follows.

(5) For paragraph (3) substitute—

“(3) The Director shall be entitled to exercise, concurrently with the Director General of Fair Trading, the functions of that Director under the provisions of Part I of the Competition Act 1998 (other than sections 38(1) to (6) and 51), so far as relating to—

(a) agreements, decisions or concerted practices of the kind mentioned in section 2(1) of that Act, or

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

connected with the conveyance, storage or supply of gas.

(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 the Director General of Fair Trading are to be read as including a reference to the Director (except in sections 38(1) to (6), 51, 52(6) and (8) and 54 of that Act and in any other provision of that Act where the context otherwise requires).”

F5 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In paragraph (5), omit “or (3)”.

(8) In paragraph (6), for sub-paragraph (b) substitute—

“(b) Part I of the Competition Act 1998 (other than sections 38(1) to (6) and 51),”.

F6 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Sch. 10 para. 8(3) repealed (N.I.) (1.4.2003) by The Energy (Northern Ireland) Order 2003 (S.I. 2003/419), art. 1(2), Sch. 5; S.R. 2003/203, art. 2, Sch.

F5 Sch. 10 para. 8(6) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

F6 Sch. 10 para. 8(9)-(11) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

Commencement Information

I2 Sch. 10 para. 8 wholly in force; Sch. 10 para. 8 not in force at Royal Assent see s. 76(3); Sch. 10 para. 8 in force for certain purposes at 26.11.1998 by S.I. 1998/2750, art. 2; Sch. 10 para. 8 fully in force at 1.3.2000 by S.I. 2000/344, art. 2, Sch.

Marginal Citations

M3 1980 c. 21.

M4 S.I. 1996/275 (N.I. 2).