The Electricity (Northern Ireland) Order 1992

Modification references to [F1 CMA] N.I.

15.—(1) The Director may make to the [F2 CMA] a reference which is so framed as to require [F3 the CMA] to investigate and report on the questions—

(a) whether any matters which—

(i) relate to the[F4 carrying on of activities authorised or regulated by a particular] licence; and

(ii) are specified in the reference,

operate, or may be expected to operate, against the public interest; and

(b) if so, whether the effects adverse to the public interest which those matters have or may be expected to have could be remedied or prevented by modifications of the conditions of the licence.

(2) The Director may, at any time, by notice given to the[F5 CMA] vary a reference under this Article by adding to the matters specified in the reference or by excluding from the reference some or all of the matters so specified; and on receipt of any such notice [F6 the CMA] shall give effect to the variation.

(3) The Director may specify in a reference under this Article, or a variation of such a reference, for the purpose of assisting the[F7 CMA] in carrying out the investigation on the reference—

(a) any effects adverse to the public interest which, in his opinion, the matters specified in the reference or variation have or may be expected to have; and

(b) any modifications of the conditions of the licence by which, in his opinion, those effects could be remedied or prevented.

(4) As soon as practicable after making a reference under this Article or a variation of such a reference, the Director—

(a) shall serve a copy of the reference or variation on the licence holder; and

(b) shall publish particulars of the reference or variation in such manner as he considers appropriate for the purpose of bringing the reference or variation to the attention of persons likely to be affected by it.

(5) The Director shall also send a copy of a reference under this Article, or a variation of such a reference, to the Department; and if, before the end of the period of 28 days from the day on which the Department receives the copy of the reference or variation, the Department directs the[F8 CMA] not to proceed with the reference or, as the case may require, not to give effect to the variation, [F9 the CMA] shall comply with the direction.

(6) It shall be the duty of the Director, for the purpose of assisting the[F10 CMA] in carrying out an investigation on a reference under this Article[F4 or in carrying out functions under Article 17A], to give to [F11 the CMA]—

(a) any information in his possession which relates to matters falling within the scope of the investigation[F4 or the carrying out of those functions] and—

(i) is requested by [F11 the CMA] for that purpose; or

(ii) is information which, in his opinion, it would be appropriate for that purpose to give to [F11 the CMA] without any such request; and

(b) any other assistance which [F11 the CMA] may require, and which it is within his power to give, in relation to any such matters;

and [F11 the CMA], for the purpose of carrying out any such investigation[F4 or such functions], shall take account of any information given to them for that purpose under this paragraph.

(7) In determining for the purposes of this Article whether any particular matter operates, or may be expected to operate, against the public interest, the[F12 CMA] shall have regard to the matters as respects which duties are imposed on the Department and the Director by[F4 Article 12 of the Energy (Northern Ireland) Order 2003][F13 or Article 9 of the Electricity (Single Wholesale Market) (Northern Ireland) Order 2007.]

[F14 (7A) The functions of the CMA with respect to a reference under this Article are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (including functions relating to the making of modifications following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act 2002, as applied by Articles 15B and 17A).]

[F15 Paras. (8) and (8A) rep. by 2002 c. 40

(9) The Secretary of State may appoint [F16 persons to membership of the CMA for the purpose of being available for selection as members of a group constituted to carry out functions on behalf of the CMA with respect to a reference under this Article].

(9A) In [F17 constituting] a group to perform the [F18 CMA's] functions in relation to any such reference, the [F19 chair of the CMA] must select up to three of the members appointed under paragraph (9) to be members of the group.]

F1 Word in art. 15 heading substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 26(4), 103(3), Sch. 6 para. 151(11); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F2 Word in art. 15(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 26(4), 103(3), Sch. 6 para. 151(2)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F3 Words in art. 15(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 26(4), 103(3), Sch. 6 para. 151(2)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F4 2003 NI 6

F5 Word in art. 15(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 26(4), 103(3), Sch. 6 para. 151(3)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F6 Words in art. 15(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 26(4), 103(3), Sch. 6 para. 151(3)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F7 Word in art. 15(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 26(4), 103(3), Sch. 6 para. 151(4); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F8 Word in art. 15(5) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 26(4), 103(3), Sch. 6 para. 151(5)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F9 Words in art. 15(5) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 26(4), 103(3), Sch. 6 para. 151(5)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F10 Word in art. 15(6) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 26(4), 103(3), Sch. 6 para. 151(6)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F11 Words in art. 15(6) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 26(4), 103(3), Sch. 6 para. 151(6)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F12 Word in art. 15(7) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 26(4), 103(3), Sch. 6 para. 151(7); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F13 Words in art. 15(7) added (20.6.2007) by Electricity (Single Wholesale Market) (Northern Ireland) Order 2007 (S.I. 2007/913 (N.I. 7)), arts. 1(3), 12, Sch. 4 para. 5; S.R. 2007/303, art. 2, Sch.

F14 Art. 15(7A) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 26(4), 103(3), Sch. 6 para. 151(8); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F15 1998 c.41

F16 Words in art. 15(9) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 26(4), 103(3), Sch. 6 para. 151(9); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F17 Word in art. 15(9A) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 26(4), 103(3), Sch. 6 para. 151(10); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F18 Word in art. 15(9A) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 2, Sch. 1 para. 212(a) (with art. 3)

F19 Words in art. 15(9A) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 2, Sch. 1 para. 212(b) (with art. 3)