Competition Act 1998

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. U.K.

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

F1 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in the case of the Director General of Gas Supply, the matters referred to in section 36A(3) and (4) of the M1 Gas Act 1986;

(c) in the case of the Director General of Electricity Supply, the matters referred to in section 43(3) of the M2 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 M3 Electricity (Northern Ireland) Order 1992;

(e) in the case of the [F2 Water Services Regulation Authority], the matters referred to in section 31(3) of the M4 Water Industry Act 1991;

(f) in the case of the Rail Regulator, the matters referred to in section 67(3) of the M5 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 M6 Gas (Northern Ireland) Order 1996.

[F3 (h) in the case of the Civil Aviation Authority, the supply of air traffic services within the meaning given by section 98 of the Transport Act 2000.]

(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.

Textual Amendments

F1 Sch. 13 para. 35(2)(a) repealed (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F2 Words in Sch. 13 para. 35(2)(e) substituted (1.4.2006) by Water Act 2003 (c. 37), s. 105(3), Sch. 7 para. 32(5); S.I. 2005/2714, art. 4(f)

F3 Sch. 13 para. 35(2)(h) inserted (1.2.2001) by 2000 c. 38, ss. 97, Sch. 8 Pt. IV para. 16(3) (with s. 106); S.I. 2001/57, art. 3, Sch. 2 Pt. I

Marginal Citations

M1 1986 c. 44.

M2 1989 c. 29.

M3 S.I. 1992/231 (N.I.1).

M4 1991 c. 56.

M5 1993 c. 43.

M6 S.I. 1996/275 (N.I.2).