The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014

Gas (Northern Ireland) Order 1996 U.K.

219.—(1) Article 17A (competition authority’s power to veto modifications following report)(1) is amended as follows.

(2) In paragraph (17), after “paragraphs” insert “(17A),”.

(3) After paragraph (17), insert—

“(17A) Section 109 shall, in its application by virtue of paragraph (17), have effect as if—

(a) for subsection (A1), there were substituted—

“(A1) For the purposes of this section, a permitted purpose is assisting the CMA in carrying out any functions exercisable by it in connection with an investigation for the purposes of the exercise of its functions under Article 17A of the Gas (Northern Ireland) Order 1996.”, and

(b) subsection (8A) were omitted.”

(4) In paragraph (18)—

(a) at the end of sub-paragraph (a), omit “and”,

(b) for sub-paragraph (b), substitute—

“(b) after subsection (3), there were inserted—

“(3A) No penalty shall be imposed by virtue of subsection (1) or (3) if more than 4 weeks have passed since the publication by the CMA of a notice under Article 17A(8) of the Gas (Northern Ireland) Order 1996 in connection with the reference concerned or, if no direction has been given by the CMA under Article 17A(1) of that Order in connection with the reference concerned and within the period permitted for that purpose, the latest day on which it was possible to give such a direction within the permitted period; but this subsection shall not apply in relation to any variation or substitution of the penalty which is permitted by virtue of this Part.”; and”.

Commencement Information

I1 Sch. 1 para. 219 in force at 1.4.2014, see art. 1(1)

(1)

Inserted by S.I. 2003/419 (N.I. 6) and subsequently amended by S.R. 2013 No. 92 and Schedule 6 to the Enterprise and Regulatory Reform Act 2013.