12 Determinations under conditions of appointment.E+W
(1)Without prejudice to the generality of paragraph (a) of section 11(1) above, conditions included in an appointment by virtue of that paragraph may—
(a)require the appointed company to comply with any direction given by [F1the Authority] as to such matters as are specified in the appointment or are of a description so specified; and
(b)require the appointed company, except in so far as [F1the Authority] consents to the company’s doing or not doing them, not to do or to do such things as are specified in the appointment or are of a description so specified.
(2)Without prejudice as aforesaid, such conditions may provide for the reference to and determination by—
(a)the Secretary of State or [F1the Authority]; or
(b)on a reference by [F1the Authority], the Monopolies and Mergers Commission (in this Act referred to as “the Monopolies Commission”),
of such questions arising under the appointment and of such other matters, including (in the case of references to the Commission) disputes as to determinations by [F1the Authority], as are specified in the appointment or are of a description so specified.
(3)Where any question or other matter falls to be determined by the Monopolies Commission in pursuance of a provision contained in an appointment under this Chapter—
(a)it shall be the duty of [F1the Authority], on being required to do so by the company holding that appointment, to refer that question or matter to that Commission; and
(b)it shall be the duty of that Commission to determine any question or other matter referred by virtue of paragraph (a) above in accordance with—
(i)any regulations under subsection (4) below; and
(ii)the principles which apply, by virtue of Part I of this Act, in relation to determinations under this Chapter by [F1the Authority].
(4)The Secretary of State may by regulations make such provision as he considers appropriate for regulating the procedure to be followed with respect to the reference of any question or other matter to the Monopolies Commission in pursuance of provision contained in an appointment under this Chapter.
(5)Without prejudice to the generality of the power conferred by subsection (4) above, regulations under that subsection may, in relation to any such reference as is mentioned in that subsection, apply (with or without modifications) the provisions of any enactment relating to references to the Monopolies Commission under the following provisions of this Act, the 1973 Act or the 1980 Act.
Textual Amendments
F1Words in Act substituted (1.4.2006) by virtue of Water Act 2003 (c. 37), ss. 36(2), 105(3); S.I. 2005/2714, art. 4(c)