C5C6C3C4 Part I ELECTRICITY SUPPLY

Annotations:
Modifications etc. (not altering text)
C3

Pt. I (ss. 1-64) applied (1.10.2001) by S.I. 2001/3264, regs. 4(2), 5(2)

C4

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.

F41

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

C1F52

The functions to which subsection (2A) below applies shall be concurrent functions of the Authority and the F20CMA .

2A

This subsection applies to the functions of the F32CMA under Part 4 of the Enterprise Act 2002 (other than sections 166 F33, 171 and 174E) so far as F34those 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 F15or the use of electricity interconnectors

2B

So far as necessary for the purposes of, or in connection with, subsections (2) and (2A) F21above—

a

references in Part 4 of the Act of 2002 to the F22CMA (including references in provisions of that Act applied by that Part) shall be construed as including references to the Authority (except in sections 166 F23, 171 and 174E of that Act and in any other provision of that Act where the context otherwise F24requires);

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.

F182C

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”.

C2F113

The Authority shall be entitled to exercise, concurrently with the F25CMA , 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) F26 , 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 F17Article 101(1) of the Treaty on the Functioning of the European Union, or

d

conduct which amounts to abuse of the kind mentioned in F16Article 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 F15or 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 F27CMA are to be read as including a reference to F39the Authority (F12except in sections 31D(1) to (6), 38(1) to (6) F26 , 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).

F64

Before the F28CMA 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 F28CMA 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 F39the Authority, for the purpose of assisting F36a CMA group in carrying out an investigation on F38market 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 F37group —

a

any information which is in F40its possession and which relates to matters falling within the scope of the investigation and—

i

is requested by the F37group for that purpose; or

ii

is information which in F40its opinion it would be appropriate for that purpose to give to the F37group without any such request; and

b

any other assistance which the F37group may require and which it is within F40its power to give, in relation to any such matters,

and the F37group shall, for the purposes of carrying out any such investigation, take into account any information given to them for that purpose under this subsection.

F195A

In subsection (5) “CMA group” has the same meaning as in Schedule 4 to the Enterprise and Regulatory Reform Act 2013.

6

F29If any question arises as to whether subsection (2) or (3) above applies to any particular caseF7... F14... , that question shall be referred to and determined by the Secretary of State; and no objection shall be taken to anything done under—

a

F8Part 4 of the Enterprise Act 2002; or

F3b

Part I of the Competition Act 1998 (F13other than sections 31D(1) to (6), 38(1) to (6) F35 , 40B(1) to (4) and 51),

by or in relation to F39the Authority on the ground that it should have been done by or in relation to F30the CMA .

F96A

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 F31CMA included references to the Authority.

F107

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