C1 Part I Gas Supply

Annotations:
Modifications etc. (not altering text)
C1

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

F1 Alteration of activities requiring licence

Annotations:
Amendments (Textual)
F1

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)

41EF2 References to F6CMA .

1

A reference to the F3CMA under this section shall require F5the CMA 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 F10CMA 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 F10CMA 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 F10CMA 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 F8Citizens Advice and F4Consumer Scotland 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 F9CMA in carrying out the investigation on the reference, give to the F9CMA—

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 F9CMA for that purpose or is information which in its opinion it would be appropriate for that purpose to give to the F9CMA without any such request; and

b

any other assistance which the F9CMA may require, and which it is within its power to give, in relation to any such matters,

and the F9CMA 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 F9CMA 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 F11the Health and Safety Executive under section 4A (advice about health and safety in relation to gas).

F77

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F78

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .