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Gas Act 1986

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Changes over time for: Section 26

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Version Superseded: 10/11/2011

Status:

Point in time view as at 08/04/2010. This version of this provision has been superseded. Help about Status

Changes to legislation:

Gas Act 1986, Section 26 is up to date with all changes known to be in force on or before 07 December 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. Help about Changes to Legislation

26 Modification following report.E+W+S

(1)Where a report of the [F1Competition Commission]a reference under section 24 above—

(a)includes conclusions to the effect that any of the matters specified in the reference operate, or may be expected to operate, against the public interest;

(b)specifies effects adverse to the public interest which those matters have or may be expected to have;

(c)includes conclusions to the effect that those effects could be remedied or prevented by modifications of [F2the relevant conditions]; and

(d)specifies modifications by which those effects could be remedied or prevented,

the Director shall, subject to the following provisions of this section, make such modifications of [F2the relevant conditions] as appear to him requisite for the purpose of remedying or preventing the adverse effects specified in the report.

[F3(1A)Where at any time the Director modifies under subsection (1) above the standard conditions of licences under section 7 above[F4, licences under section 7ZA above], licences under subsection (1) of section 7A above or licences under subsection (2) of that section, he—

(a)shall also make (as nearly as may be) the same modifications of those conditions for the purposes of their incorporation in licences under that section or, as the case may be, that subsection granted after that time; and

(b)may make such incidental or consequential modifications as he considers necessary or expedient of any conditions of licences under that provision granted before that time;

and the above reference to subsection (1) above is a reference to that subsection as it applies in relation to a report on a reference under section 24(1A) above.]

(2)Before making modifications under this section, the Director shall have regard to the modifications specified in the report.

(3)Before making modifications under this section, the Director shall give notice—

(a)stating that he proposes to make the modifications and setting out their effect;

(b)stating the reasons why he proposes to make the modifications; and

(c)specifying the time (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.

(4)A notice under subsection (3) above shall be given—

(a)by publishing the notice in such manner as the Director considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by the making of the modifications; and

(b)by sending a copy of the notice to the [F5holder of the licence or, as the case may be, the relevant licence holders, to the Health and Safety Executive] and to the Council.

[F6(4A)After considering any representations or objections made in response to proposals set out in a notice under subsection (3), the Authority shall give notice to the Competition Commission—

(a)setting out the modifications it proposes to make to remedy or prevent the adverse effects specified in the report; and

(b)stating the reasons for making the modifications.

(4B)The Authority shall include with the notice under subsection (4A) a copy of any representations or objections received in relation to the notice under subsection (3).

(4C)If the period of four weeks from the date on which the notice under subsection (4A) is given elapses without a direction under section 26A(1)(a) having been given to it, the Authority shall—

(a)make the modifications set out in the notice; or

(b)if a direction under section 26A(1)(b) has been given, make the modifications which are not specified in the direction.]

[F7(5)Where at any time the Director modifies standard conditions under subsection (1A)(a) above for the purposes of their incorporation in licences under section 7[F8, 7ZA] or 7A(1) or (2) above granted after that time, he shall publish the modifications in such manner as he considers appropriate.]

[F9(6)The modification under subsection (1) of part of a standard condition of a particular licence in consequence of a reference under section 24(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.]

Textual Amendments

F1Words in S. 26(1) substituted (1.4.1999) by S.I. 1999/506 art. 20(b)

F2Words in s. 26(1) substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 24(1); S.I. 1996/218, art. 2

F3S. 26(1A) inserted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 24(2); S.I. 1996/218, art. 2

F4Words in s. 26(1A) inserted (1.12.2004) by Energy Act 2004 (c. 20), ss. 150(8), 198(2); S.I. 2004/2575, art. 2(2), Sch. 2

F5Words in s. 26(4) substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 24(3); S.I. 1996/218, art. 2

F6S. 26(4A)-(4C) inserted (1.10.2001) by 2000 c. 27, s. 83(2); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)

F7S. 26(5) inserted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 24(4); S.I. 1996/218, art. 2

F8Words in s. 26(5) inserted (1.12.2004) by Energy Act 2004 (c. 20), ss. 150(9), 198(2); S.I. 2004/2575, art. 2(2), Sch. 2

F9S. 26(6) inserted (1.10.2001) by 2000 c. 27, s. 83(3); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)

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