C6C7C8C4C5 Part I ELECTRICITY SUPPLY
Pt. I modified (S.) (30.11.2005) by The Electricity from Non-Fossil Fuel Sources (Scotland) Saving Arrangements Order 2005 (S.S.I. 2005/549), arts. 1(1), 9
Pt. 1 excluded (30.12.2015) by The Port Talbot Steelworks Generating Station Order 2015 (S.I. 2015/1984), arts. 1, 7(2) (with art. 26)
Pt. I (ss. 1-64) applied (1.10.2001) by S.I. 2001/3264, regs. 4(2), 5(2)
Pt. I (ss. 1-64) amended (E.W.) (27.10.2000) by S.I. 2000/2727, art. 10
Pt. I (ss. 1-64) amended (7.11.2000) by 2000 c. 27, s. 105(1)(a); S.I. 2000/2974, art. 2, Sch. (subject to transitional provisions in arts. 3-12)
Pt. I (ss. 1-64) amended (E.W.) (1.10.2001) by S.I. 2000/2727, art. 10 (as substituted (1.10.2001) by S.I. 2001/3268, art. 2(13))
Consumer protection: miscellaneous
43 Functions with respect to competition.
F51
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C1F62
The functions to which subsection (2A) below applies shall be concurrent functions of the Authority and the F22CMA .
2A
This subsection applies to the functions of the F34CMA under Part 4 of the Enterprise Act 2002 (other than sections 166 F35, 171 and 174E) so far as F36those functions—
a
are exercisable by the CMA Board (within the meaning of Schedule 4 to the Enterprise and Regulatory Reform Act 2013), and
b
relate to commercial activities connected with the generation, transmission or supply of electricity F16or the use of electricity interconnectors
2B
So far as necessary for the purposes of, or in connection with, subsections (2) and (2A) F23above—
a
references in Part 4 of the Act of 2002 to the F24CMA (including references in provisions of that Act applied by that Part) shall be construed as including references to the Authority (except in sections 166 F25, 171 and 174E of that Act and in any other provision of that Act where the context otherwise F26requires);
b
references in that Part to section 5 of the Act of 2002 are to be construed as including references to section 47(1) of this Act.
F202C
Section 130A of the Enterprise Act 2002 is to have effect in its application in relation to the Authority by virtue of subsections (2) and (2A)—
a
as if for subsection (1) of that section there were substituted—
1
Where the Gas and Electricity Markets Authority—
a
is proposing to carry out its functions under section 47(1) of the Electricity Act 1989 in relation to a matter for the purposes mentioned in subsection (2), and
b
considers that the matter is one in respect of which it would be appropriate for the Authority to exercise its powers under section 174 (investigation) in connection with deciding whether to make a reference under section 131,
the Authority must publish a notice under this section (referred to in this Part as a “market study notice”).
b
as if in subsection (2)(a) of that section, for “the acquisition or supply of goods or services of one or more than one description in the United Kingdom” there were substituted “commercial activities connected with the generation, transmission or supply of electricity or the use of electricity interconnectors”.
C2F123
The Authority shall be entitled to exercise, concurrently with the F27CMA , 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) F28 , 40B(1) to (4) 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 F19Article 101(1) of the Treaty on the Functioning of the European Union, or
d
conduct which amounts to abuse of the kind mentioned in F18Article 102 of the Treaty on the Functioning of the European Union,
which relate to commercial activities connected with the generation, transmission or supply of electricity F16or the use of electricity interconnectors.
F13A
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 F29CMA are to be read as including a reference to F41the Authority (F13except in sections 31D(1) to (6), 38(1) to (6) F28 , 40B(1) to (4) , 51, 52(6) and (8) and 54 of that Act and in any other provision of that Act where the context otherwise requires).
F74
Before the F30CMA 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.
4A
Neither the F30CMA 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.
5
It shall be the duty of F41the Authority, for the purpose of assisting F38a CMA group in carrying out an investigation on F40market investigation reference made by the Authority (under section 131 of the Act of 2002) by virtue of subsection (2) F2... above, to give to the F39group —
a
any information which is in F42its possession and which relates to matters falling within the scope of the investigation and—
i
is requested by the F39group for that purpose; or
b
and the F39group shall, for the purposes of carrying out any such investigation, take into account any information given to them for that purpose under this subsection.
F215A
In subsection (5) “CMA group” has the same meaning as in Schedule 4 to the Enterprise and Regulatory Reform Act 2013.
6
F31If any question arises as to whether subsection (2) or (3) above applies to any particular caseF8... F15... , that question shall be referred to and determined by the Secretary of State; and no objection shall be taken to anything done under—
a
F9Part 4 of the Enterprise Act 2002; or
F3b
F106A
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 F33CMA included references to the Authority.
F117
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1743A Adjustment of charges to help disadvantaged groups of customers.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1743B Orders: supplementary.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F444 Maximum prices for reselling electricity.
C31
The Authority may from time to time direct that the maximum prices at which electricity supplied by authorised suppliers may be resold—
a
shall be such as may be specified in the direction; or
b
shall be calculated by such method and by reference to such matters as may be so specified;
and shall publish directions under this section in such manner as in its opinion will secure adequate publicity for them.
2
A direction under this section may—
a
require any person who resells electricity supplied by an authorised supplier to furnish the purchaser with such information as may be specified or described in the direction; and
C3b
provide that, in the event of his failing to do so, the maximum price applicable to the resale shall be such as may be specified in the direction, or shall be reduced by such amount or such percentage as may be so specified.
3
Different directions may be given under this section as respects different classes of cases, which may be defined by reference to areas or any other relevant circumstances.
4
If any person resells electricity supplied by an authorised supplier at a price exceeding the maximum price determined by or under a direction under this section and applicable to the resale—
a
the amount of the excess; and
b
if the direction so provides, interest on that amount at a rate specified or described in the direction,
shall be recoverable by the person to whom the electricity was resold.
Pt. I modified (5.10.2004) by Energy Act 2004 (c. 20), ss. 184(12), 185(13), 198(2); S.I. 2004/2575, art. 2(1), Sch. 1