Part IU.K. Gas Supply

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

[F1 Alteration of activities requiring licence]E+W+S

Textual Amendments

F1Ss. 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)

[F241F Reports on references.E+W+S

(1)In making a report on a reference under section 41E, the [F3CMA] shall include in the report definite conclusions on whether the fact that the activities specified in the reference (or the reference as varied) are not licensable activities operates, or may be expected to operate, against the public interest.

(2)The [F4CMA] shall also include in the report such an account of its reasons for those conclusions as in its opinion is expedient for facilitating proper understanding of the questions raised by the reference and of its conclusions.

(3)Where the [F4CMA] concludes that the fact that particular activities are not licensable activities operates, or may be expected to operate, against the public interest, it shall specify in the report—

(a)the effects adverse to the public interest which that fact has or may be expected to have; and

(b)any modifications to the conditions specified in the reference in accordance with section 41E(3)(a) which they consider appropriate.

[F5(3A)For the purposes of section 41D(5), a conclusion contained in a report of the [F6CMA] is to be disregarded if the conclusion is not that of at least two-thirds of the members of the group constituted [F7by the chair of the CMA for the purpose of carrying out the functions of the CMA with respect to the reference] .

(3B)If a member of a group so constituted disagrees with any conclusions contained in a report made on a reference under section 41E as the conclusions of the [F8CMA], the report shall, if the member so wishes, include a statement of his disagreement and of his reasons for disagreeing.]

[F9(4)For the purposes of the law relating to defamation, absolute privilege attaches to any report made by the [F8CMA] on a reference under section 41E.

(4A)In making any report on a reference under section 41E the [F8CMA] must have regard to the following considerations before disclosing any information.

(4B)The first consideration is the need to exclude from disclosure (so far as practicable) any information whose disclosure the [F8CMA] thinks is contrary to the public interest.

(4C)The second consideration is the need to exclude from disclosure (so far as practicable)—

(a)commercial information whose disclosure the [F8CMA] thinks might significantly harm the legitimate business interests of the undertaking to which it relates, or

(b)information relating to the private affairs of an individual whose disclosure the [F8CMA] thinks might significantly harm the individual’s interests.

(4D)The third consideration is the extent to which the disclosure of the information mentioned in subsection (4C)(a) or (b) is necessary for the purposes of the report.]

(5)A report of the [F10CMA] on a reference under section 41E shall be made to the Authority.

(6)On receiving the report, the Authority shall send a copy of it to the Secretary of State.

(7)Subject to subsection (8), the Authority shall, not less than 14 days after the copy is received by the Secretary of State, [F11send a copy of the report to Citizens Advice and [F12Consumer Scotland]] and publish [F13the copy sent to Citizens Advice and [F12Consumer Scotland]] in such manner as the Authority considers appropriate for bringing the report to the attention of persons likely to be affected by it.

(8)If it appears to the Secretary of State that the publication of any matter in the report would be against the public interest or the commercial interests of any person, he may, before the end of the period of 14 days mentioned in subsection (7), direct the Authority to exclude that matter from the copy of the report to be sent to [F14Citizens Advice and [F15Consumer Scotland]] and published under that subsection.]

Textual Amendments

F2Ss. 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)

F9Ss. 41F(4)-(4D) substituted for s. 41F(4) (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 15(13)(b); S.I. 2003/1397, art. 2(1), Sch. (with art. 8)