- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made).
21.—(1) The Authority may make to the Competition Commission a reference which is so framed as to require the Commission to investigate and report on the questions—
(a)whether any matters which—
(i)relate to the carrying out of any function which is a function of any company by virtue of an appointment of that company under this Chapter; 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 company’s appointment.
(2) The Authority may, at any time, by notice given to the Competition Commission vary a reference under this Article by—
(a)adding to the matters specified in the reference; or
(b)excluding from the reference some or all of the matters so specified;
and on receipt of any such notice the Commission shall give effect to the variation.
(3) The Authority may specify in a reference under this Article, or a variation of such a reference, for the purpose of assisting the Competition Commission in carrying out the investigation on the reference—
(a)any effects adverse to the public interest which, in its opinion, the matters specified in the reference or variation have or may be expected to have; and
(b)any modifications of the conditions of any appointment mentioned in the reference or variation by which, in its 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 Authority shall—
(a)serve a copy of the reference or variation on the company whose appointment is mentioned in the reference or variation; and
(b)publish particulars of the reference or variation in such manner as it considers appropriate for the purpose of bringing the reference or variation to the attention of persons likely to be affected by it.
(5) It shall be the duty of the Authority, for the purpose of assisting the Competition Commission in carrying out an investigation on a reference under this Article or in carrying out functions under Article 26, to give to the Commission—
(a)any information in the Authority’s possession which relates to matters falling within the scope of the investigation or the carrying out of those functions, and which is either—
(i)requested by the Commission for that purpose; or
(ii)information which, in the Authority’s opinion, it would be appropriate for that purpose to give to the Commission without any such request; and
(b)any other assistance which the Commission may require, and which it is within the Authority’s power to give, in relation to any such matters;
and the Commission, for the purpose of carrying out any such investigation or such functions, shall take account of any information given to them for that purpose under this paragraph.
(6) In determining for the purposes of this Article whether any particular matter operates, or may be expected to operate, against the public interest, the Competition Commission shall have regard to the matters as respects which duties are imposed on the Department and the Authority by Part II.
The Whole Order 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 Order you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Order 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 Order without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Order 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 Order 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?
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.
Explanatory Memorandum sets out a brief statement of the purpose of a Northern Ireland Order in Council and provides information about its policy objective and policy implications. They aim to make the Order accessible to readers who are not legally qualified and accompany any Northern Ireland Order in Council made since 2002.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
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: