C1Part I Gas Supply
F2 Alteration of activities requiring licence
Ss. 41C-41H and cross-heading inserted (1.10.2001) by 2000 c. 27, s. 88 (with s. 104(1)(2)(6)); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
41EF1 References to Competition Commission.
1
A reference to the Competition Commission under this section shall require the Commission to investigate and report on whether the fact that the activities specified in the reference are not licensable activities operates, or may be expected to operate, against the public interest.
2
The Authority may, at any time, by notice given to the Commission vary the reference by adding to the activities specified in the reference or by excluding from the reference some of the activities so specified; and on receipt of such notice the Commission shall give effect to the variation.
3
The Authority shall specify in the reference, or a variation of the reference, for the purpose of assisting the Commission in carrying out the investigation on the reference—
a
the conditions which the Authority would expect to be determined to be standard conditions for the purposes of licences authorising the undertaking of the activities specified in the reference and any other conditions which the Authority would expect to be included in such licences; and
b
any effects adverse to the public interest which, in its opinion, the fact that the activities so specified are not licensable activities has or may be expected to have.
4
As soon as practicable after making the reference, or a variation of the reference, the Authority shall serve a copy of it on the Council and publish particulars of it in such manner as the Authority considers appropriate for bringing it to the attention of—
a
persons appearing to the Authority to be carrying on, or be intending to carry on, the activities specified in it; and
b
any other persons appearing to the Authority to be likely to be affected by it.
5
The Authority shall, for the purpose of assisting the Commission in carrying out the investigation on the reference, give to the Commission—
a
any information which is in its possession and which relates to matters falling within the scope of the investigation, and which is either requested by the Commission for that purpose or is information which in its 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 its power to give, in relation to any such matters,
and the Commission shall take account of the information for the purpose of carrying out the investigation.
6
In determining for the purposes of this section whether the fact that particular activities are not licensable activities operates, or may be expected to operate, against the public interest, the Commission shall have regard to—
a
the matters referred to in section 4AA;
b
any social or environmental policies set out or referred to in guidance issued under section 4AB; and
c
any advice given by the Health and Safety Commission under section 4A (advice about health and safety in relation to gas).
7
The provisions mentioned in subsection (8) are to apply in relation to references under this section as if—
a
the functions of the Commission in relation to those references were functions under the M1Fair Trading Act 1973;
b
the expression “merger reference” included a reference under this section;
c
in section 70 of the M2Fair Trading Act 1973—
i
references to the Secretary of State were references to the Authority; and
ii
the reference to three months were a reference to six months.
8
The provisions are—
a
sections 70 (time limit for report on merger), 85 (attendance of witnesses and production of documents) and 93B (false or misleading information) of the M3Fair Trading Act 1973;
b
Part II of Schedule 7 to the M4Competition Act 1998 (performance of the Commission’s general functions); and
c
section 24 of the M5Competition Act 1980 (modification of provisions about performance of such functions).
Pt. 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