Part I Gas Supply
Other functions of Director
36AF1 Functions with respect to competition.
F2(1)
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F3(2)
The functions to which subsection (2A) below applies shall be concurrent functions of the Authority and the Office of Fair Trading.
(2A)
This subsection applies to the functions of the Office of Fair Trading under Part 4 of the Enterprise Act 2002 (other than sections 166 and 171) so far as relating to commercial activities connected with the carrying on of activities to which this subsection applies.
(2B)
So far as necessary for the purposes of, or in connection with, subsections (2) and (2A) above, references in Part 4 of the Act of 2002 to the Office of Fair Trading (including references in provisions of that Act applied by that Part) shall be construed as including references to the Authority (except in sections 166 and 171 of that Act and in any other provision of that Act where the context otherwise requires).
F4F5(3)
The Authority shall be entitled to exercise, concurrently with the Office of Fair Trading, the functions of the Office of Fair Trading under the provisions of Part 1 of the Competition Act 1998 (other than sections 31D(1) to (6), 38(1) to (6) and 51), so far as relating to—
(a)
agreements, decisions or concerted practices of the kind mentioned in section 2(1) of that Act,
(b)
conduct of the kind mentioned in section 18(1) of that Act,
(c)
agreements, decisions or concerted practices of the kind mentioned in Article 81(1) of the treaty establishing the European Community, or
(d)
conduct which amounts to abuse of the kind mentioned in Article 82 of the treaty establishing the European Community,
which relate to the carrying on of activities to which this subsection applies.
(3A)
So far as necessary for the purposes of, or in connection with, the provisions of subsection (3) above, references in Part I of the Competition Act 1998 to F6the Office of Fair Trading are to be read as including a reference to the Director ( F7except in sections 31D(1) to (6), 38(1) to (6) , 51, 52(6) and (8) and 54 of that Act and in any other provision of that Act where the context otherwise requires).
(4)
Subsections F8(2A) and (3) above apply to—
(a)
such activities as are mentioned in section 5(1) above; and
(b)
activities ancillary to such activities as are so mentioned (including in particular the storage of gas, the provision and reading of meters and the provision of pre-payment facilities).
F9(5)
Before the Office of Fair Trading or the Authority first exercises in relation to any matter functions which are exercisable concurrently by virtue of subsection (2) above, it shall consult the other.
(5A)
Neither the Office of Fair Trading nor the Authority shall exercise in relation to any matter functions which are exercisable concurrently by virtue of subsection (2) above if functions which are so exercisable have been exercised in relation to that matter by the other.
(6)
It shall be the duty of the Director, for the purpose of assisting the F10Competition Commission in carrying out an investigation on a reference made to them by the Director by virtue of subsection (2) F11. . . above, 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 and—
(i)
is requested by the Commission for that purpose; or
(ii)
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 shall, for the purposes of carrying out any such investigation, take into account any information given to them for that purpose under this subsection.
(7)
If any question arises as to whether subsection (2) or (3) above applies to any particular case, that question shall be referred to and determined by the Secretary of State; and no objection shall be taken to anything done under—
(a)
F12Part 4 of the Enterprise Act 2002 ; or
F13(b)
Part I of the Competition Act 1998 ( F14other than sections 31D(1) to (6), 38(1) to (6) and 51),
by or in relation to the Director on the ground that it should have been done by or in relation to F15the Office of Fair Trading .
F16(8)
Section 117 of the Enterprise Act 2002 (offences of supplying false or misleading information) as applied by section 180 of that Act shall have effect so far as relating to functions exercisable by the Authority by virtue of subsection (2) above as if the references in section 117(1)(a) and (2) to the Office of Fair Trading included references to the Authority.
F17(9)
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