SCHEDULE 1TRANSFER OF FUNCTIONS OF OFT AND COMPETITION COMMISSION TO CMA AND AMENDMENTS CONSEQUENTIAL ON PARTS 3 AND 4 OF THE ACT

PART 2Amendments to other Acts of Parliament

Electricity Act 1989

68.

(1)

Section 56CB (references under section 56C: application of Enterprise Act 2002)70 is amended as follows.

(2)

In subsection (1), after “subsections” insert “(1A),”.

(3)

After subsection (1), insert—

“(1A)

Section 109 shall, in its application by virtue of subsection (1) above, have effect as if—

(a)

for subsection (A1), there were substituted—

“A1

For the purposes of this section, a permitted purpose is assisting the CMA in carrying out any functions exercisable by it in connection with a reference under section 56C of the Electricity Act 1989.”, and

(b)

subsection (8A) were omitted.”

(4)

In subsection (2)—

(a)

at the end of paragraph (a), omit “and”, and

(b)

after that paragraph, insert—

“(aa)

after subsection (3), there were inserted—

“(3A)

No penalty shall be imposed by virtue of subsection (1) or (3) if more than 4 weeks have passed since the publication of the report of the CMA on the reference concerned; but this subsection shall not apply in relation to any variation or substitution of the penalty which is permitted by virtue of this Part.”; and

(5)

For subsection (3) substitute—

“(3)

Section 111(5)(b) shall, in its application by virtue of subsection (1) above, have effect as if for sub-paragraph (ii) there were substituted—

“(ii)

if earlier, the day on which the report of the CMA on the reference concerned is made or, if no such report is made within the period permitted for that purpose, the latest day on which the report may be made within the permitted period.”.