Electricity Act 1989

100 Competition and restrictive trade practices

(1) Electricity shall be treated as goods for the purposes of the 1973 Act, the [1976 c. 34.] Restrictive Trade Practices Act 1976 (in this section referred to as “the 1976 Act”) and the 1980 Act.

(2) The 1976 Act shall not apply, and shall be deemed never to have applied, in relation to any agreement relating to the generation, transmission or supply of electricity which—

(a) was determined before the commencement of this section; or

(b) is specified, or is of a description specified, in an order made by the Secretary of State (whether before or after the making of the agreement) and satisfies such conditions as may be so specified.

(3) Before making an order under subsection (2) above, the Secretary of State shall consult the Director and the Director General of Fair Trading; and the conditions specified in such an order may include conditions which refer any matter to the Secretary of State for determination after such consultation as may be so specified.

(4) The 1976 Act shall have effect in relation to any agreement which—

(a) relates to the generation, transmission or supply of electricity; and

(b) was made before the commencement of this section,

as if the time within which particulars of the agreement, or any variation or determination of the agreement, are to be furnished under section 24 of and Schedule 2 to that Act were the time given by paragraph 5 of that Schedule or six months from that commencement, whichever is the later.

(5) In this section “agreement” has the same meaning as in the 1976 Act and expressions which are used in Part I have the same meanings as in that Part.