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
F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F52
The functions to which subsection (2A) below applies shall be concurrent functions of the Director and the F35CMA.
2A
This subsection applies to the functions of the F36CMA under Part 4 of the 2002 Act (other than sections 166 F31171 and 174E) so far as F26those 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 supply of water or the provision of sewerage services.
C1F123
The Director shall be entitled to exercise, concurrently with the F29CMA, the functions of the F29CMA under the provisions of Part 1 of the Competition Act 1998 (other than sections 31D(1) to (6), 38(1) to (6) F20, 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, F30or
F18c
transferred EU anti-trust commitments or transferred EU anti-trust directions (as defined in section 40ZA of that Act),
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.
F64
So far as necessary for the purposes of, or in connection with, subsections (2) and (2A) F19above—
a
references in Part 4 of the 2002 Act to the F24CMA (including references in provisions of that Act applied by that Part) shall be construed as including references to the Director (except in sections 166 F16, 171 and 174E of that Act and in any other provision of that Act where the context otherwise F32requires);
b
references in that Part to section 5 of the 2002 Act are to be construed as including references to section 27(1) and (2) of this Act.
F214ZA
Section 130A of the 2002 Act 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 Water Services Regulation Authority—
a
is proposing to carry out its functions under section 27(1) and (2) of the Water Industry Act 1991 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 supply of water or the provision of sewerage services (within the meaning given by section 219(1) of the Water Industry Act 1991)”.
F14A
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 F15the CMA are to be read as including a reference to the Director (F13except in sections 31D(1) to (6), 38(1) to (6)F20, 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).
F75
Before the F27CMA 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 F27CMA 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 F25a CMA group in carrying out an investigation on a F23market investigation reference made by the Authority (under section 131 of the 2002 Act) by virtue of subsection (2) F2. . . above, to give to the F28group —
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 F28group for that purpose or is information which in his opinion it would be appropriate for that purpose to give to the F28group without any such request; and
b
any other assistance which the F28group may require, and which it is within his power to give, in relation to any such matters;
and the F28group shall, for the purposes of carrying out any such investigation, take into account any information given to them for that purpose under this subsection.
F227A
In subsection (7) “CMA group” has the same meaning as in Schedule 4 to the Enterprise and Regulatory Reform Act 2013.
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
F8Part 4 of the 2002 Act; or
F3b
by or in relation to the Director on the ground that it should have been done by or in relation to F17the CMA .
F98A
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 F33CMA included references to the Director.
9
F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .