Office of Public Sector Information
PART I continued
(8)The provisions are—
(a)sections 70 (time limit for report on merger), 85 (attendance of witnesses and production of documents) and 93B (false or misleading information) of the M3Fair Trading Act 1973;
(b)Part II of Schedule 7 to the M4Competition Act 1998 (performance of the Commission’s general functions); and
(c)section 24 of the M5Competition Act 1980 (modification of provisions about performance of such functions).]
F1Ss. 41C-41H and cross-heading inserted (1.10.2001) by 2000 c. 27, s. 88 (with s. 104(1)(2)(6)); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
M11973 c. 41.
M21973 c. 41.
M31973 c. 41.
M41998 c. 41.
M51980 c. 21.
(1)Every reference under section 41E above shall specify a period (not longer than six months beginning with the date of the reference) within which a report on the reference is to be made.
(2)A report of the Competition Commission on a reference under section 41E above shall not have effect (in particular for the purposes of section 41D(5) above) unless the report is made before the end of the period specified in the reference or such further period (if any) as may be allowed by the Authority under subsection (3) below.
(3)The Authority may, if it has received representations on the subject from the Competition Commission and is satisfied that there are special reasons why the report cannot be made within the period specified in the reference, extend that period by no more than six months.
(4)No more than one extension is possible under subsection (3) above in relation to the same reference.
(5)The Authority shall publish an extension under subsection (3) above in such manner as it considers appropriate for the purpose of bringing it to the attention of persons likely to be affected by it.]
F1S. 41EA inserted (prosp.) by 2002 c. 40, ss. 278, 279, Sch. 25 para. 15(12)
(1)The following sections of Part 3 of the Enterprise Act 2002 shall apply, with the modifications mentioned in subsections (2) and (3) below, for the purposes of references under section 41E above as they apply for the purposes of references under that Part—
(a)section 109 (attendance of witnesses and production of documents etc.);
(b)section 110 (enforcement of powers under section 109: general);
(c)section 111 (penalties);
(d)section 112 (penalties: main procedural requirements);
(e)section 113 (payments and interest by instalments);
(f)section 114 (appeals in relation to penalties);
(g)section 115 (recovery of penalties); and
(h)section 116 (statement of policy).
(2)Section 110 shall, in its application by virtue of subsection (1) above, have effect as if—
(a)subsection (2) were omitted; and
(b)in subsection (9) the words from “or section” to “section 65(3))” were omitted.
(3)Section 111(5)(b)(ii) shall, in its application by virtue of subsection (1) above, have effect as if—
(a)for the words “published (or, in the case of a report under section 50 or 65, given)” there were substituted “made”;
(b)for the words “published (or given)”, in both places where they appear, there were substituted “made”; and
(c)the words “by this Part” were omitted.
(4)Section 117 of the Enterprise Act 2002 (false or misleading information) shall apply in relation to functions of the Competition Commission in connection with references under section 41E above as it applies in relation to its functions under Part 3 of that Act but as if, in subsections (1)(a) and (2), the words “the OFT,” and “or the Secretary of State” were omitted.
(5)Provisions of Part 3 of the Enterprise Act 2002 which have effect for the purposes of sections 109 to 117 of that Act (including, in particular, provisions relating to offences and the making of orders) shall, for the purposes of the application of those sections by virtue of subsection (1) or (4) above, have effect in relation to those sections as applied by virtue of those subsections.
(6)Accordingly, corresponding provisions of this Act shall not have effect in relation to those sections as applied by virtue of those subsections.]
F1S. 41EB inserted (prosp.) by 2002 c. 40, ss. 278, 279, Sch. 25 para. 15(12)
(1)In making a report on a reference under section 41E, the Competition Commission shall include in the report definite conclusions on whether the fact that the activities specified in the reference (or the reference as varied) are not licensable activities operates, or may be expected to operate, against the public interest.
(2)The Commission shall also include in the report such an account of its reasons for those conclusions as in its opinion is expedient for facilitating proper understanding of the questions raised by the reference and of its conclusions.
(3)Where the Commission concludes that the fact that particular activities are not licensable activities operates, or may be expected to operate, against the public interest, it shall specify in the report—
(a)the effects adverse to the public interest which that fact has or may be expected to have; and
(b)any modifications to the conditions specified in the reference in accordance with section 41E(3)(a) which they consider appropriate.
(4)Section 82 of the M1Fair Trading Act 1973 (general provisions as to reports) shall apply in relation to reports of the Commission on references under section 41E as it applies to reports of the Commission under that Act.
(5)A report of the Commission on a reference under section 41E shall be made to the Authority.
(6)On receiving the report, the Authority shall send a copy of it to the Secretary of State.
(7)Subject to subsection (8), the Authority shall, not less than 14 days after the copy is received by the Secretary of State, send another copy to the Council and publish that other copy in such manner as the Authority considers appropriate for bringing the report to the attention of persons likely to be affected by it.
(8)If it appears to the Secretary of State that the publication of any matter in the report would be against the public interest or the commercial interests of any person, he may, before the end of the period of 14 days mentioned in subsection (7), direct the Authority to exclude that matter from the copy of the report to be sent to the Council and published under that subsection.]
F1Ss. 41C-41H and cross-heading inserted (1.10.2001) by 2000 c. 27, s. 88 (with s. 104(1)(2)(6)); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
M11973 c. 41.
(1)Before making an application for an order providing for activities to cease to be licensable activities the Authority shall give notice—
(a)stating that it proposes to make an application for an order providing for the activities to cease to be licensable activities; and
(b)specifying a reasonable period (not being less than 28 days from the date of publication of the notice) within which representations or objections may be made with respect to the proposal,
and shall consider any representations or objections duly made and not withdrawn.
(2)The notice shall be given—
(a)by serving a copy on the Secretary of State, the Health and Safety Executive and the Council; and
(b)by publishing it in such manner as the Authority considers appropriate for bringing it to the attention of persons likely to be affected by such an order.
(3)An application under this section shall set out—
(a)the activities which the Authority considers should cease to be licensable activities; and
(b)the Authority’s reasons for proposing that the order be made.]
F1Ss. 41C-41H and cross-heading inserted (1.10.2001) by 2000 c. 27, s. 88 (with s. 104(1)(2)(6)); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
(1)If the Secretary of State proposes to make an order providing for activities to cease to be licensable activities (otherwise than on an application by the Authority under section 41G), he shall give notice—
(a)stating that he proposes to make an order providing for the activities to cease to be licensable activities; and
(b)specifying a reasonable period (not being less than 28 days from the date of publication of the notice) within which representations or objections may be made with respect to the proposal,
and shall consider any representations or objections duly made (and not withdrawn).
(2)The notice shall be given—
(a)by serving a copy on the Authority, the Health and Safety Executive and the Council; and
(b)by publishing it in such manner as the Secretary of State considers appropriate for bringing it to the attention of persons likely to be affected by such an order.]
F1Ss. 41C-41H and cross-heading inserted (1.10.2001) by 2000 c. 27, s. 88 (with s. 104(1)(2)(6)); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
Where the Authority is required by any provision of this Part to publish a notice or any other document, the Authority shall send a copy of the document to the Council.]
F1S. 41I inserted (20.12.2000) by 2000 c. 27, s. 18(5); S.I. 2000/3343, art. 2, Sch. (subject to transitional provisions in arts. 3-15)
F1S. 42 repealed (1.10.2001) by 2000 c. 27, s. 108, Sch. 8; S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
(1)If any person, in giving any information or making any application for the purposes of any provision of this Part, or of any regulation made under any provision of this Part, makes any statement which he knows to be false in a material particular, or recklessly makes any statement which is false in a material particular, he shall be guilty of an offence and liable—
(a)on summary conviction, to a fine not exceeding the statutory maximum;
(b)on conviction on indictment, to a fine.
[F1(1A)Any person who with intent to deceive—
(a)impersonates an officer of a [F2gas transporter], gas supplier or gas shipper for the purpose of obtaining entry to any premises; or
(b)for that purpose makes any statement or does any act calculated falsely to suggest that he is an officer, or an authorised officer, of such a transporter, supplier or shipper,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.]
(2)Proceedings for an offence under subsection (1) above shall not in England and Wales be instituted except by or with the consent of the Secretary of State or the Director of Public Prosecutions.
F1S. 43(1A) inserted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 51; S.I. 1996/218, art. 2
F2Words in s. 43 substituted (1.10.2001) by 2000 c. 27, s. 108, Sch. 6 Pt. I para. 2(1); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
(1)The Secretary of State may pay—
(a)to the person who immediately before the appointed day is the chairman of the National Gas Consumers’ Council; and
(b)to the persons who immediately before that day are the chairmen of the Regional Gas Consumers’ Councils,
such sums by way of compensation for loss of office or loss or diminution of pension rights as the Secretary of State may with the approval of the Treasury determine.
(2)The Secretary of State may also pay to persons who immediately before the appointed day were officers of any of the Councils mentioned in subsection (1) above such sums by way of compensation for loss of employment, or loss or diminution of remuneration or pension rights, as the Secretary of State may with the approval of the Treasury determine.
(3)Any sums required by the Secretary of State for the purposes of this section shall be paid out of money provided by Parliament.
(1)Where a body corporate is guilty of an offence under this Part and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(2)Where the affairs of a body corporate are managed by its members, subsection (1) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
(1)F2. . .Any notice or other document required or authorised to be given, delivered or served under this Part or regulations made under this Part may be given, delivered or served either—
(a)by delivering it to the person to whom it is to be given or delivered or on whom it is to be served;
(b)by leaving it at the usual or last known place of abode of that person;
(c)by sending it in a prepaid letter addressed to that person at his usual or last known place of abode;
(d)in the case of a body corporate, by delivering it to the secretary or clerk of the body at their registered or principal office, or sending it in a prepaid letter addressed to the secretary or clerk of the body at that office; or
(e)if it is not practicable after reasonable inquiry to ascertain the name or address of a person to whom it should be given or delivered, or on whom it should be served, as being a person having any interest in premises, by addressing it to him by the description of the person having that interest in the premises (naming them) to which it relates and delivering it to some responsible person on the premises, or affixing it or a copy of it to some conspicuous part of the premises.
[F3(2)Without prejudice to subsection (1) above, where this subsection applies in relation to a [F4gas transporter] or gas supplier, any notice to be given to or served on the transporter or supplier under—
(a)any condition of his licence;
(b)any provision of Schedule 2B to this Act; or
(c)in the case of a transporter, section 10 above,
may be given or served by delivering it at, or sending it in a prepaid letter to, an appropriate office of the transporter or supplier.
(3)Subsection (2) above applies in relation to a [F4gas transporter] if he divides [F5any authoried area of his] into such areas as he thinks fit and—
(a)in the case of each area, fixes offices of his which are to be appropriate offices in relation to notices relating to matters arising in that area; and
(b)publishes in each area, in such manner as he considers adequate, the addresses of the offices fixed by him for that area.
(4)Subsection (2) above applies in relation to a gas supplier if he divides the premises specified in his licence into such areas as he thinks fit and—
(a)in the case of each area, fixes offices of his which are to be appropriate offices in relation to notices relating to matters arising in that area;
(b)publishes in each area, in such manner as he considers adequate, the addresses of the offices fixed by him for that area; and
(c)endorses on every demand note for gas charges payable to him the addresses of the offices fixed for the area in question.
(5)In this section references to premises specified in a licence include references to premises of a description, or situated in an area, so specified.]
F1S. 46 applied (29.9.2000) by 2000 c. 27, s. 106(4); S.I. 2000/2412, art. 2, Sch. (subject to transitional provisions in art. 3(2))
F2Words in s. 46(1) repealed (1.3.1996) by 1995 c. 45, ss. 10(1), 17(5), Sch. 3 para. 52(1), Sch. 6; S.I. 1996/218, art. 2
F3S. 46(2)-(5) substituted for s. 46(2)(3) (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 52(2); S.I. 1996/218, art. 2
F4Words in s. 46 substituted (1.10.2001) by 2000 c. 27, s. 108, Sch. 6 Pt. I para. 2(1); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
F5Words in s. 46(1) substituted (1.10.2001) by 2000 c. 27, s. 108, Sch. 6, Pt. I para. 18; S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
(1)Regulations made under any provision of this Part may provide for the determination of questions of fact or of law which may arise in giving effect to the regulations and for regulating (otherwise than in relation to any court proceedings) any matters relating to the practice and procedure to be followed in connection with the determination of such questions, including provision—
(a)as to the mode of proof of any matter;
(b)as to parties and their representation;
(c)for the right to appear [F1before and be heard by] the Secretary of State, the Director and other authorities; and
(d)as to awarding costs [F2or expenses] of proceedings for the determination of such questions, determining the amount thereof and the enforcement of awards thereof.
(2)Regulations made under any provision of this Part which prescribe a period within which things are to be done may provide for extending the period so prescribed.
(3)Regulations made under any provision of this Part may—
[F3(aa)provide for anything falling to be determined under the regulations to be determined—
(i)by the Director or by such other person as may be prescribed by the regulations; and
(ii)in accordance with such procedure and by reference to such matters and to the opinion of such persons as may be so prescribed;]
(a)make different provision for different areas or in relation to different cases or different circumstances; and
(b)provide for such exceptions, limitations and conditions, and make such supplementary, incidental or transitional provision, as the Secretary of State [F4or, as the case may be, the Director] considers necessary or expedient.
(4)Regulations made under any provision of this Part may provide that any person contravening the regulations shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
[ F5(5)Proceedings for an offence under any regulations made under any provision of this Part shall not in England and Wales be instituted except by or with the consent of the Secretary of State [F6, the Director] or the Director of Public Prosecutions.]
(6)In any proceedings against any person for an offence under any regulations made under any provision of this Part, it shall be a defence for that person to show—
(a)that he was prevented from complying with the regulations by circumstances not within his control; or
(b)that circumstances existed by reason of which compliance with the regulations would or might have involved danger to the public and that he took all such steps as it was reasonable for him to take both to prevent the circumstances from occurring and to prevent them from having that effect.
[F7(7)Any power to make regulations conferred by this Part on the Secretary of State or the Authority shall be exercisable by statutory instrument.
(8)Any statutory instrument containing regulations under this Part made by the Secretary of State shall, except as otherwise provided by this Act, be subject to annulment in pursuance of a resolution of either House of Parliament.]
F1Words in s. 47(1)(c) substituted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 56(6), Sch. 1 para. 9(2)(a); Commencement Order No. 1 made on 29.5.1992, art. 3, Sch. Pt. I.
F2Words in s. 47(1)(d) inserted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 56(6), Sch. 1 para. 9(2)(b); Commencement Order No. 1 made on 29.5.1992, art. 3, Sch. Pt. I.
F3S. 47(3)(aa) substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 53(1)(a); S.I. 1996/218, art. 2
F4Words in s. 47(3)(b) inserted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 53(1)(b); S.I. 1996/218, art. 2
F5S. 47(5) repealed (1.3.1996) so far as relating to proceedings for offences created by regulations made or having effect under section 16 of this Act so far as relating to standards affecting safety by Offshore Safety Act 1992 (c. 15), s. 3(3)(b), Sch. 2; S.I. 1996/487, art. 2
F6Words in s. 47(5) substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 53(2); S.I. 1996/218, art. 2
F7S. 47(7)(8) substituted (20.12.2000) for sub (7) by 2000 c. 27, s. 100; S.I. 2000/3343, art. 2, Sch. (subject to transitional provisions in arts. 3-15)
C1Power to repeal or modify s. 47(3)(4) conferred by Health and Safety at Work etc. Act 1974 (c. 37), s. 15 (as amended (1.3.1996) by Offshore Safety Act 1992 (c. 15), s. 2(3)(b); S.I. 1996/487, art. 2)
Gas Act 1986