(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)[F1 any of sections 23B to 23G or section] 41E of the 1986 Act; F2...
(b)[F3any of sections 11C to 11H or section] 56C of the 1989 Act F4...
[F5(c)section 12, 14, 16A, 17K or 17P of the Water Industry Act 1991] [F6; or
(d) article 3 or 9 of the Water Services etc. (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005. ]
(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(4)Section 12(9) and (9A) of the 1989 Act (which are superseded by this section) shall cease to have effect.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.
Textual Amendments
F1Words in s. 104(1)(a) substituted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 45(3)(a)
F2Word in s. 104(1)(a) repealed (1.4.2004) by Water Act 2003 (c. 37), ss. 53(1)(a), 105(3), Sch. 9 Pts. 2 (with s. 53(4)); S.I. 2004/641, art. 3(k)(z)
F3Words in s. 104(1)(b) substituted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 45(3)(b)
F4Word in s. 104(1)(b) omitted (11.11.2005) by virtue of Water Services etc. (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 (S.I. 2005/3172), art. 1(1), Sch. para. 4(a)
F5S. 104(1)(c) inserted (1.4.2004) by Water Act 2003 (c. 37), ss. 53(1)(b), 105(3) (with s. 53(4)); S.I. 2004/641, art. 3(k) (with Sch. 3 para. 7)
F6S. 104(1)(d) added (11.11.2005) by Water Services etc. (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 (S.I. 2005/3172), art. 1(1), Sch. para. 4(b)
Modifications etc. (not altering text)
C1S. 104(1) extended (5.10.2004) by Energy Act 2004 (c. 20), ss. 176(a), 198(2); S.I. 2004/2575, art. 2(1), Sch. 1
Commencement Information
I1S. 104 wholly in force at 16.5.2001; s. 104 not in force at Royal Assent see s. 110(2); s. 104 in force at 16.5.2001 by S.I. 2001/1781, art. 2, Sch. (subject to transitional provisions in arts. 3-10)
Marginal Citations
M21986 . 44.