- Latest available (Revised)
- Original (As enacted)
Energy Act 2004, Section 173 is up to date with all changes known to be in force on or before 29 August 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.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)An appeal F2... from a decision by GEMA to which this section applies [F3shall lie to the Competition and Markets Authority (in this Chapter referred to as “the CMA”)].
(2)This section applies to a decision by GEMA if—
(a)it is a decision relating to a document by reference to which provision is made by a condition of a gas or electricity licence;
(b)that document is designated for the purposes of this section by an order made by the Secretary of State;
(c)the decision consists in the giving or refusal of a consent by virtue of which the document has effect, or would have had effect, for the purposes of the licence with modifications or as reissued; and
(d)the decision is not of a description of decisions for the time being excluded from the right of appeal under this section by an order made by the Secretary of State.
(3)An appeal against a decision may be brought under this section only by—
(a)a person whose interests are materially affected by it; or
(b)a body or association whose functions are or include representing persons in respect of interests of theirs that are so affected.
(4)The permission of the [F4CMA] is required for the bringing of an appeal under this section.
(5)The [F4CMA] may refuse permission only on one of the following grounds—
(a)that the appeal is brought for reasons that are trivial or vexatious;
(b)that the appeal has no reasonable prospect of success.
(6)Before making an order under this section, the Secretary of State must consult—
(a)GEMA; and
(b)such other persons as he considers appropriate.
(7)An order excluding decisions from the right of appeal under this section may provide—
(a)for the exclusion to apply only in such cases as may be determined in accordance with the order; and
(b)for a determination in accordance with the order to be made by such persons, in accordance with such procedures, and by reference to such matters and the opinions of such persons (including GEMA), as may be provided for in the order.
(8)An order made by the Secretary of State under this section is subject to the negative resolution procedure.
(9)In this section—
“consent” includes an approval or direction;
“gas or electricity licence” means a licence for the purposes of section 5 of the Gas Act 1986 (c. 44) or section 4 of the 1989 Act (prohibition on unlicensed activities).
Textual Amendments
F1Word in s. 173 heading substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 102(4); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F2Words in s. 173(1) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 102(2)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F3Words in s. 173(1) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 102(2)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F4Words in s. 173(4)(5) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 102(3); S.I. 2014/416, art. 2(1)(d) (with Sch.)
Modifications etc. (not altering text)
C1Ss. 171-196 power to apply (with modifications) conferred (26.10.2023) by Energy Act 2023 (c. 52), s. 334(2)(l), Sch. 18 para. 50
Commencement Information
I1S. 173 in force at 5.10.2004 by S.I. 2004/2575, art. 2(1), Sch. 1
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: