Part II APPOINTMENTMENT AND REGULATION OF UNDERTAKERS
CHAPTER III PROTECTION OF CUSTOMERS ETC..
Provisions with respect to competition
31 Functions of Director with respect to competition.
1
F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12
The functions to which subsection (2A) below applies shall be concurrent functions of the Director and the OFT.
2A
This subsection applies to the functions of the OFT under Part 4 of the 2002 Act (other than sections 166 and 171) so far as relating to commercial activities connected with the supply of water or the provision of sewerage services.
F2C13
The Director shall be entitled to exercise, concurrently with the OFT, the functions of the OFT under the provisions of Part 1 of the Competition Act 1998 (other than sections 31D(1) to (6), 38(1) to (6) 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 Article 81(1) of the treaty establishing the European Community, or
d
conduct which amounts to abuse of the kind mentioned in Article 82 of the treaty establishing the European Community,
which relate to commercial activities connected with the supply of water or securing a supply of water or with the provision or securing of sewerage services.
F34
So far as necessary for the purposes of, or in connection with, subsections (2) and (2A) above, references in Part 4 of the 2002 Act to the OFT (including references in provisions of that Act applied by that Part) shall be construed as including references to the Director (except in sections 166 and 171 of that Act and in any other provision of that Act where the context otherwise requires).
F44A
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 F5the OFT are to be read as including a reference to the Director (F6except in sections 31D(1) to (6), 38(1) to (6) , 51, 52(6) and (8) and 54 of that Act and in any other provision of that Act where the context otherwise requires).
F75
Before the OFT or the Director first exercises in relation to any matter functions which are exercisable concurrently by virtue of subsection (2) above, that person shall consult the other.
6
Neither the OFT nor the Director 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.
7
It shall be the duty of the Director, for the purpose of assisting the F8Competition Commission in carrying out an investigation on a reference made to them by the Director by virtue of subsection (2) F9. . . above, to give to the Commission—
a
any information which is in his possession and which relates to matters falling within the scope of the investigation, and which is either requested by the Commission for that purpose or is information which in his opinion it would be appropriate for that purpose to give to the Commission without any such request; and
b
any other assistance which the Commission may require, and which it is within his power to give, in relation to any such matters;
and the Commission shall, for the purposes of carrying out any such investigation, take into account any information given to them for that purpose under this subsection.
8
If any question arises as to whether subsection (2) or (3) above F10. . . applies to any particular case, that question shall be referred to and determined by the Secretary of State; and no objection shall be taken to anything done under—
a
F11Part 4 of the 2002 Act; or
by or in relation to the Director on the ground that it should have been done by or in relation to F14the OFT .
F158A
Section 117 of the 2002 Act (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 Director by virtue of subsection (2) above as if the references in section 117(1)(a) and (2) to the OFT included references to the Director.
9
F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .