Part VI Miscellaneous and Supplementary

Miscellaneous

104 Specialist members of the Competition Commission.

(1)

The Secretary of State shall appoint not less than six members of the Competition Commission (“the Commission”) for the purpose of the exercise by the Commission of any function under or by virtue of—

(a)

section 24, 26A or 41E of the 1986 Act; or

(b)

section 12, 14A or 56C of the 1989 Act.

(2)

In selecting a group to perform any function of the Commission under or by virtue of any provision mentioned in subsection (1), the chairman of the Commission shall select one or more of the members appointed under subsection (1) to be members of the group.

(3)

In paragraph 2(1)(d) of Schedule 7 to the M1Competition Act 1998 (membership of Commission to include specialist members appointed under gas and electricity legislation), for sub-paragraph (ii) there is substituted—

“(ii)

section 104 of the Utilities Act 2000; .”

(4)

Section 12(9) and (9A) of the 1989 Act (which are superseded by this section) shall cease to have effect.

(5)

The persons who are, immediately before the commencement of this section, members of the Competition Commission by virtue of appointments made under section 12(9) of the 1989 Act shall continue as members of the Commission and their appointments shall be treated as having been made under this section.

(6)

Nothing in this section affects any group which has been selected, before the commencement of this section, to perform functions of the Commission in relation to any reference under or by virtue of section 24 of the M21986 Act or section 12 of the 1989 Act.