Energy Act 2004

3 (1) Where permission has been granted to bring an appeal against a decision to give a consent, an authorised member of the [F1 CMA] may, on behalf of the [F1 CMA], direct that, pending the determination of the appeal— E+W+S

(a) the consent is not to have effect; or

(b) the consent is not to have effect to such extent as may be specified in the direction.

(2) The power to give a direction under this paragraph is exercisable only where—

(a) an application for its exercise has been made by the applicant for permission or by another person with interests or functions that entitle him, or would have entitled him, to appeal against the decision;

(b) the applicant for the exercise of the power would incur significant costs if the consent were to have effect, or to continue to have effect, before the determination of the appeal; and

(c) the balance of convenience does not otherwise require effect to be given to the consent pending that determination.

(3) That power is exercisable at any time before the determination of the appeal.

(4) A person making an application under this paragraph must notify GEMA.

(5) Before determining whether to grant an application under this paragraph, the authorised member of the [F2 CMA] must give GEMA an opportunity of making representations about the matter.

(6) In this paragraph “consent” includes an approval or direction [F3 (including a direction being appealed against by virtue of section 173(2A) of this Act)].

Textual Amendments

F1 Word in Sch. 22 para. 3(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 107(4); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F2 Word in Sch. 22 para. 3(5) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 107(4); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F3 Words in Sch. 22 para. 3(6) inserted (18.10.2011) by Energy Act 2011 (c. 16), ss. 81(6), 121(4)

Commencement Information

I1 Sch. 22 para. 3 in force at 5.10.2004 by S.I. 2004/2575, art. 2(1), Sch. 1