- Latest available (Revised)
- Point in Time (25/07/2014)
- Original (As made)
Version Superseded: 06/02/2015
Point in time view as at 25/07/2014. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
The Gas (Northern Ireland) Order 1996, Section 17A is up to date with all changes known to be in force on or before 23 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
17A.—(1) [F3The CMA] may, within the period of four weeks after the date on which it is given a notice under Article 17(5A), direct the Authority—
(a)not to make the modifications set out in that notice; or
(b)not to make such of the modifications as may be specified in the direction;
and the Authority shall comply with any such direction.
(2) The Department may, within the period of four weeks after the date on which the [F4CMA] is given a notice under Article 17(5A) and on the application of the [F4CMA], direct that the period for giving a direction under paragraph (1) (and, accordingly, the period mentioned in Article 17(5C)) shall be extended by 14 days.
(3) The power to give a direction under paragraph (1) may only be exercised in respect of such of the modifications set out in the notice under Article 17(5A)(a) as appear to the [F5CMA] not to be the modifications which are requisite for the purpose of remedying or preventing all or any of the adverse effects specified in the report as effects which could be remedied or prevented by modifications.
(4) If the [F6CMA] gives a direction under paragraph (1), the [F6CMA]—
(a)shall give notice setting out the modifications proposed by the Authority, the terms of the direction and the reasons for giving it; and
(b)shall itself make such modifications of the relevant conditions as appear to it to be requisite for the purpose of remedying or preventing—
(i)if the direction was given under paragraph (1)(a), the adverse effects specified in the report as effects which could be remedied or prevented by modifications;
(ii)if the direction was given under paragraph (1)(b), such of those adverse effects as are not remedied or prevented by the modifications made by the Authority under Article 17(5C)(b).
(5) In exercising its function under paragraph (4)(b) the [F7CMA] shall have regard to the matters to which the Authority is required to have regard when determining the conditions of a licence.
(6) Before making modifications under paragraph (4)(b) the [F8CMA] shall give notice—
(a)stating that it proposes to make the modifications and setting them out;
(b)stating the reason why it proposes to make them;
(c)specifying the period (not being less than 28 days from the date of publication of the notice) within which representations or objections with respect to the proposed modifications may be made,
and shall consider any representations or objections which are duly made and not withdrawn.
(7) A notice under paragraph (4)(a) or (6) shall be given—
(a)by publishing the notice in such manner as the [F9CMA] considers appropriate for the purpose of bringing it to the attention of persons likely to be affected by the making of the modifications; and
(b)by serving a copy on the Authority and the holder of the licence in question or, as the case may be, the relevant licence holders.
(8) After making modifications under this Article the [F10CMA] shall publish a notice stating that the modifications have been made and setting them out, with the reasons for making them.
(9) Where, in consequence of a reference under Article 15 (2) the [F11CMA] modifies under paragraph (4)(b) the standard conditions of licences of any type (that is to say, licences under Article 8(1)(a) or (b) [F12, (c) or (d)]) the Authority may make such incidental and consequential modifications as it considers necessary or expedient of any conditions of licences of that type granted before that time.
(10) Where the [F13CMA] modifies the standard conditions of licences of any type as mentioned in paragraph (9) the Authority—
(a)shall make (as nearly as may be) the same modifications of those conditions for the purposes of their incorporation in licences of that type granted after that time; and
(b)shall publish the modifications made for those purposes in such manner as it considers appropriate.
(11) The modification under this Article of part of a standard condition of a particular licence in consequence of a reference under Article 15(1) shall not prevent any other part of the condition from continuing to be regarded as a standard condition for the purposes of this Part.
(12) For the purposes of the law relating to defamation, absolute privilege attaches to any notice under paragraph (4)(a), (6) or (8).
(13) In giving any notice under paragraph (4)(a) or (6), or publishing any notice under paragraph (8), the [F14CMA] shall have regard to the following considerations before disclosing any information.
(14) The first consideration is the need to exclude from disclosure (so far as practicable) any information whose disclosure the [F15CMA] thinks is contrary to the public interest.
(15) The second consideration is the need to exclude from disclosure (so far as practicable)—
(a)commercial information whose disclosure the [F16CMA] thinks might significantly harm the legitimate business interests of the undertaking to which it relates, or
(b)information relating to the private affairs of an individual whose disclosure the [F16CMA] thinks might significantly harm the individual's interests.
(16) The third consideration is the extent to which the disclosure of the information mentioned in paragraph (15)(a) or (b) is necessary for the purposes of the notice.
(17) The following sections of Part 3 of the Enterprise Act 2002 shall apply, with the modifications mentioned in paragraphs [F17(17A),](18) and (19), for the purposes of any investigation by the [F18CMA] for the purposes of the exercise of its functions under this Article, as they apply for the purposes of any investigation on references under that Part—
(a)section 109 (attendance of witnesses and production of documents etc.);
(b)section 110 (enforcement of powers under section 109: general);
(c)section 111 (penalties);
(d)section 112 (penalties: main procedural requirements);
(e)section 113 (payments and interest by instalments);
(f)section 114 (appeals in relation to penalties);
(g)section 115 (recovery of penalties); and
(h)section 116 (statement of policy).
[F19(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.]
(18) Section 110 shall, in its application by virtue of paragraph (17), have effect as if—
(a)subsection (2) were omitted;
[F20(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]
(c)in subsection (9) the words from “or section” to “section 65 (3))” were omitted.
(19) Section 111 (5)(b) shall, in its application by virtue of paragraph (17), have effect as if for sub-paragraph (ii) there were substituted—
“(ii)if earlier, the day on which a notice is published by the [F21CMA] under Article 17A (8) of the Gas (Northern Ireland) Order 1996 in connection with the reference concerned or, if no direction is given by the [F21CMA] 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 such a direction may be given within the permitted period.” .
(20) Provisions of Part 3 of the Enterprise Act 2002 which have effect for the purposes of sections 109 to 116 of that Act (including, in particular, provisions relating to offences and the making of orders) shall, for the purposes of the application of those sections by virtue of paragraph (17), have effect in relation to those sections as applied by virtue of that paragraph.
(21) Accordingly, corresponding provisions of this Order shall not have effect in relation to those sections as applied by virtue of that paragraph.]
F2Word in art. 17A heading substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 26(4), 103(3), Sch. 6 para. 164(4); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F3Words in art. 17A(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 26(4), 103(3), Sch. 6 para. 164(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F4Word in art. 17A(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 26(4), 103(3), Sch. 6 para. 164(3); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F5Word in art. 17A(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 26(4), 103(3), Sch. 6 para. 164(3); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F6Word in art. 17A(4) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 26(4), 103(3), Sch. 6 para. 164(3); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F7Word in art. 17A(5) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 26(4), 103(3), Sch. 6 para. 164(3); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F8Word in art. 17A(6) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 26(4), 103(3), Sch. 6 para. 164(3); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F9Word in art. 17A(7) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 26(4), 103(3), Sch. 6 para. 164(3); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F10Word in art. 17A(8) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 26(4), 103(3), Sch. 6 para. 164(3); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F11Word in art. 17A(9) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 26(4), 103(3), Sch. 6 para. 164(3); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F12Words in art. 17A(9) substituted (12.4.2013) by Gas and Electricity (Internal Markets) Regulations (Northern Ireland) 2013 (S.R. 2013/92), reg. 26
F13Word in art. 17A(10) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 26(4), 103(3), Sch. 6 para. 164(3); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F14Word in art. 17A(13) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 26(4), 103(3), Sch. 6 para. 164(3); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F15Word in art. 17A(14) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 26(4), 103(3), Sch. 6 para. 164(3); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F16Word in art. 17A(15) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 26(4), 103(3), Sch. 6 para. 164(3); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F17Word in art. 17A(17) inserted (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. 219(2) (with art. 3, Sch. 2 para. 2 Table)
F18Word in art. 17A(17) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 26(4), 103(3), Sch. 6 para. 164(3); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F19Art. 17A(17A) inserted (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. 219(3) (with art. 3, Sch. 2 para. 2 Table)
F20Art. 17A(18)(b) 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. 219(4)(b) (with art. 3, Sch. 2 para. 2 Table)
F21Word in art. 17A(19) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 26(4), 103(3), Sch. 6 para. 164(3); S.I. 2014/416, art. 2(1)(d) (with Sch.)
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.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
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.
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.