Modifications etc. (not altering text)
C1Pt. I: definition of "public gas supplier" applied (E.W.) (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 208(3)(b), 225(2) (with ss. 16(6), 179, 222(3), Sch. 22 para. 1, Sch. 23 para. 6)
Pt. I: definition of "public gas supplier" applied (E.W.) (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 178, 225(2), Sch. 22 para. 1(4)(e) (with ss. 16(6), 179, 222(3), Sch. 22 para. 1, Sch. 23 para. 6)
Pt. I applied (1.3.1996) by 1995 c. 45, s. 6(7); S.I. 1996/218, art. 2
Pt. I applied (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 1; S.I. 1996/218, art. 2
Textual Amendments
F1S. 23 and preceding cross-heading substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 21; S.I. 1996/218, art. 2
[F2(1)The Director may make to the [F3Competition Commission] a reference which is so framed as to require the Commission to investigate and report on the questions—
(a)whether any matters which relate to—
(i)the carrying on of activities authorised or [F4regulated] by a particular licence, or
[F5(ia)licences under section 7ZA above,]
(ii)the storage of gas on terms which have been determined by the holder of a particular licence under section 7 above, or could have been determined by the holder if he had thought fit or had been required to determine them by or under a condition of the licence,
and which 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 relevant conditions, that is to say, the conditions of the licence.
(1A)The Director may make to the [F6Competition Commission] a reference which is so framed as to require the Commission to investigate and report on the questions—
(a)whether any matters which relate to the carrying on of activities authorised or [F7regulated] by—
(i)licences under section 7 above,
(ii)licences under subsection (1) of section 7A above which incorporate the standard conditions, or
(iii)licences under subsection (2) of that section,
and which 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 relevant conditions, that is to say, the standard conditions of licences under that section or, as the case may be, that subsection.]
(2)The Director may, at any time, by notice given to the [F8Competition Commission]vary a reference under this section by adding to the matters specified in the reference or by excluding from the reference some F9. . .of the matters so specified; and on receipt of such notice the Commission shall give effect to the variation.
(3)The Director may specify in a reference under this section, or a variation of such a reference, for the purpose of assisting the [F10Competition Commission]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 [F11relevant conditions] by which, in his opinion, those effects could be remedied or prevented.
(4)As soon as practicable after making a reference under this section or a variation of such a reference, the Director—
(a)shall send a copy of the reference or variation to [F12the holder of the licence or, as the case may be, the relevant licence holders] and to the Council; and
(b)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.
[F13(4A)The Director shall also send a copy of a reference under subsection (1A) above, or a variation of such a reference, to the Secretary of State; and if, before the end of the period of 28 days beginning with the day on which he receives the copy of the reference or variation, the Secretary of State directs the [F14Competition Commission]not to proceed with the reference or, as the case may require, not to give effect to the variation, the Commission shall comply with the direction.]
(5)It shall be the duty of the Director, for the purpose of assisting the [F15Competition Commission]in carrying out an investigation on a reference under this section [F16or in carrying out functions under section 26A], to give to the Commission—
(a)any information which is in his possession and which relates to matters falling within the scope of the investigation [F16or the carrying out of those functions], and which is either requested by the Commission for that purpose or is information which in his 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 his power to give, in relation to any such matters,
and the Commission, for the purpose of carrying out any such investigation [F16or such functions], shall take account of any information given to them for that purpose under this subsection.
(6)In determining for the purposes of this section whether any particular matter operates, or may be expected to operate, against the public interest, the [F17Competition Commission]shall have regard to the matters as respects which duties are imposed on the Secretary of State and the Director by [F18sections 4AA, 4AB and 4A] above.
F19(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F19(7A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F20(8)In this section and sections [F2124A,] 25 [F22,26 and 26A]—
“relevant conditions” has the meaning given by subsection (1) or (1A) above;
“relevant licence holder”—
in relation to a reference under subsection (1A) above, means the holder of a licence to which the reference relates;
in relation to modifications of relevant conditions within the meaning given by that subsection, means the holder of a licence which incorporates the conditions.]
Textual Amendments
F2S. 24(1)(1A) substituted for s. 24(1) (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 22(1); S.I. 1996/218, art. 2
F3Words in s. 24(1) substituted (1.4.1999) by S.I. 1999/506, art. 20(a)
F4Word in s. 24(1)(a)(i) substituted (1.10.2001) by 2000 c. 27, s. 108, Sch. 6, Pt. I para. 8(2); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
F5S. 24(1A)(a)(ia) inserted (1.12.2004) by Energy Act 2004 (c. 20), ss. 149(9), 198(2); S.I. 2004/2575, art. 2(2), Sch. 2
F6Words in s. 24(1A) substituted (1.4.1999) by S.I. 1999/506, art. 20(b)
F7Words in s. 24(1A)(a) substituted (1.10.2001) by 2000 c. 27, s. 108, Sch. 6, Pt. I para. 8(2); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
F8Words in s. 24(2) substituted (1.4.1999) by S.I. 1999/506, art. 20(b)
F9Words in s. 24(2) repealed (1.10.2001) by 2000 c. 27, s. 108, Sch. 8; S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
F10Words in s. 24(3) substituted (1.4.1999) by S.I. 1999/506, art. 20(b)
F11Words in s. 24(3) substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 22(2); S.I. 1996/218, art. 2
F12Words in s. 24(4) substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 22(3); S.I. 1996/218, art. 2
F13S. 24(4A) inserted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 22(4); S.I. 1996/218, art. 2
F14Words in s. 24(4A) substituted (1.4.1999) by S.I. 1999/506, art. 20(b)
F15Words in s. 24(5) substituted (1.4.1999) by S.I. 1999/506, art. 20(b)
F16Words in s. 24(5) inserted (1.10.2001) by 2000 c. 27, s. 83(1); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
F17Words in s. 24(6) substituted (1.4.1999) by S.I. 1999/506, art. 20(b)
F18Words in s. 24(6) substituted (20.12.2000) by 2000 c. 27, s. 108, Sch. 6 Pt. I para. 8(3); S.I. 2000/3343, art. 2, Sch. (subject to transitional provisions in arts. 3-15)
F19S. 24(7)(7A) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 15(3)(a), Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)
F20S. 24(8) inserted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 22(6); S.I. 1996/218, art. 2
F21Word in s. 24(8) inserted (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 15(3)(b); S.I. 2003/1397, art. 2(1), Sch. (with art. 8)
F22Words in s. 24(8) substituted (1.10.2001) by 2000 c. 27, s. 108, Sch. 6, Pt. I para. 8(4); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
Modifications etc. (not altering text)
C2S. 24 amended (16.5.2001) by 2000 c. 27, s. 104(1)(2) (with s. 104(6)); S.I. 2001/1781, art. 2, Sch. (subject to transitional provisions in arts. 3-10)