C3C4C1C2 Part I ELECTRICITY SUPPLY

Annotations:
Modifications etc. (not altering text)
C1

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

C2

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))

F1 Alteration of activities requiring licence

Annotations:
Amendments (Textual)
F1

Ss. 56A-56F and cross-heading inserted (1.10.2001) by 2000 c. 27, s. 43; S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)

56DF1 Reports on references.

1

In making a report on a reference under section 56C, the F9CMA 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 F10CMA 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 F10CMA 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 56C(3)(a) which they consider appropriate.

F23A

For the purposes of section 56B(5), a conclusion contained in a report of the F4CMA is to be disregarded if the conclusion is not that of at least two-thirds of the members of the group constituted F5by 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 56C as the conclusions of the F12CMA , the report shall, if the member so wishes, include a statement of his disagreement and of his reasons for disagreeing.

F34

For the purposes of the law relating to defamation, absolute privilege attaches to any report made by the F12CMA on a reference under section 56C.

4A

In making any report on a reference under section 56C the F12CMA 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 F12CMA 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 F12CMA 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 F12CMA 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 F11CMA on a reference under section 56C 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, F6send a copy of the report to Citizens Advice and Citizens Advice Scotland and publish F7the copy sent to Citizens Advice and Citizens Advice 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 F8Citizens Advice and Citizens Advice Scotland and published under that subsection.