Office of Public Sector Information
PART I continued
(4)For the purposes of this section the execution of works in land for the purpose of determining whether or not it is suitable for the placing in it of a pipe-line and the carrying out of surveying operations for the purpose of settling the route of a proposed pipe-line shall be deemed not to constitute the execution of works for the construction of a pipe-line.]
F1S. 22A inserted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 20; S.I. 1996/218, art. 2
F2Words in s. 22A(1) substituted (1.10.2001) by 2000 c. 27, s. 78(2)(a); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
F3Words in s. 22A(1)(b) repealed (1.10.2001) by 2000 c. 27, ss. 78(2)(b), 108, Sch. 8; S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
F4Word in s. 22A(1)(b) repealed (1.10.2001) by 2000 c. 27, s. 108, Sch. 8; S.I. 2001/3266, arts. 1(2), 2, Sch.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)
F5S. 22A(1)(d) and word “and”immediately preceding it inserted (1.10.2001) by 2000 c. 27, s. 78(2)(c); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)
F6S. 22A(1A)-(1E) inserted (1.10.2001) by 2000 c. 27, s. 78(3); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
F7Definition of
“relevant main”
in s. 22A(3) inserted (1.10.2001) by 2000 c. 27, s. 78(4); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
F1S. 23 and preceding cross-heading substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 21; S.I. 1996/218, art. 2
(1)Subject to the following provisions of this section, the Director may—
(a)modify the conditions of a particular licence; or
(b)modify the standard conditions of licences under section 7 above, licences under subsection (1) of section 7A above or licences under subsection (2) of that section.
(2)Where at any time the Director modifies under subsection (1)(b) above the standard conditions of licences under section 7 above, licences under subsection (1) of section 7A above or licences under subsection (2) of that section, he—
(a)shall also make (as nearly as may be) the same modifications of those conditions for the purposes of their incorporation in licences under that section or, as the case may be, that subsection granted after that time; and
(b)may make such incidental or consequential modifications as he considers necessary or expedient of any conditions of licences under that provision granted before that time.
(3)Before making modifications under this section, the Director shall give notice—
(a)stating that he proposes to make the modifications and setting out their effect;
(b)stating the reasons why he proposes to make the modifications; and
(c)specifying the time (not being less than 28 days from the date of publication of the notice) within which representations or objections with respect to the proposed modifications may be made,
and shall consider any representations or objections which are duly made and not withdrawn.
(4)A notice under subsection (3) above shall be given—
(a)by publishing the notice in such manner as the Director considers appropriate for the purpose of bringing the notice to the attention of persons likely to be affected by the making of the modifications; and
(b)by sending a copy of the notice to the holder of the licence or, as the case may be, the relevant licence holders, to the Secretary of State, to the Health and Safety Executive and to the Council.
(5)If, within the time specified in the notice under subsection (3) above, the Secretary of State directs the Director not to make any modification, the Director shall comply with the direction.
[F2(6)The Authority shall not make any modifications under subsection (1)(a) unless the licence holder has consented to the modifications and, in the case of standard conditions of a licence under subsection (1) or (2) of section 7A, the Authority is of the opinion that the modifications—
(a)are requisite to meet the circumstances of the particular case; and
(b)are such that—
(i)the licence holder would not be unduly disadvantaged in competing with other holders of licences under that subsection; and
(ii)no other holder of such a licence would be unduly disadvantaged in competing with other holders of such licences (including the holder of the licence being modified).
(6A)The modification under subsection (1)(a) of part of a standard condition of a licence shall not prevent any other part of the condition from continuing to be regarded as a standard condition for the purposes of this Part.]
[F3(7)The Authority may not under subsection (1)(b) make any modifications of the standard conditions of any licences unless—
(a)no notice of objection to those modifications is given to the Authority within the time specified in the notice under subsection (3) by any relevant licence holder;
(b)if one or more relevant licence holders give notice of objection to the Authority within that time—
(i)the proportion (expressed as a percentage) of the relevant licence holders who have given notice of objection is less than such percentage as may be prescribed; and
(ii)the percentage given by subsection (8) is less than such percentage as may be prescribed; or
(c)subsection (10) applies to the case.
(8)The percentage given by this subsection is the proportion (expressed as a percentage) of the relevant licence holders who have given notice of objection, weighted according to their market share in such manner as may be prescribed.]
(10)This subsection applies where the Director is of the opinion—
(a)that the effect of the standard conditions is such as to impose a burden affecting relevant licence holders in the carrying on of activities to which the modifications relate;
(b)that the modifications would remove or reduce the burden without removing any necessary protection; and
(c)in the case of a licence under subsection (1) or (2) of section 7A above, that the modifications are such that no holder of such a licence would be unduly disadvantaged in competing with other holders of such licences.
(11)Where at any time the Director modifies standard conditions under subsection (2)(a) above for the purposes of their incorporation in licences under section 7 or 7A(1) or (2) above granted after that time, he shall publish the modifications in such manner as he considers appropriate.
[F4(12)In this section—
“prescribed” means prescribed by order made by the Secretary of State;
“relevant licence holder”, in relation to proposed modifications under subsection (1)(b) of standard conditions of licences of any type, means the holder of a licence of that type which-
is to be modified under the proposals by the inclusion of any new standard condition; or
includes any standard conditions to which the proposals relate, other than standard conditions which are not in effect (by virtue of anything done under section 81(1) of the Utilities Act 2000) at the time specified in the notice under subsection (3).
(13)A statutory instrument containing an order under this section shall not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.]]
F1S. 23 and preceding cross-heading substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 21; S.I. 1996/218, art. 2
F2S. 23(6)(6A) substituted (1.10.2001) for s. 23(6) by 2000 c. 27, s. 82(3); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
F3S. 23(7)(8) substituted (1.10.2001) for s. 23(7)-(9) by 2000 c. 27, s. 82(3); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
F4S. 23(12)(13) substituted (16.5.2001 for certain purposes and otherwise 1.10.2001) for s. 23(12) by 2000 c. 27, s. 82(4); S.I. 2001/1781, art. 2, Sch. (subject to transitional provisions in arts. 3-10); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
[F1(1)The Director may make to the [F2Competition Commission] a reference which is so framed as to require the Commission to investigate and report on the questions—
(a)whether any matters which relate to—
(i)the carrying on of activities authorised or [F3regulated] by a particular licence, or
(ii)the storage of gas on terms which have been determined by the holder of a particular licence under section 7 above, or could have been determined by the holder if he had thought fit or had been required to determine them by or under a condition of the licence,
and which are specified in the reference operate, or may be expected to operate, against the public interest; and
(b)if so, whether the effects adverse to the public interest which those matters have or may be expected to have could be remedied or prevented by modifications of the relevant conditions, that is to say, the conditions of the licence.
(1A)The Director may make to the [F4Competition Commission] a reference which is so framed as to require the Commission to investigate and report on the questions—
(a)whether any matters which relate to the carrying on of activities authorised or [F5regulated] by—
(i)licences under section 7 above,
(ii)licences under subsection (1) of section 7A above which incorporate the standard conditions, or
(iii)licences under subsection (2) of that section,
and which are specified in the reference operate, or may be expected to operate, against the public interest; and
(b)if so, whether the effects adverse to the public interest which those matters have or may be expected to have could be remedied or prevented by modifications of the relevant conditions, that is to say, the standard conditions of licences under that section or, as the case may be, that subsection.]
(2)The Director may, at any time, by notice given to the [F6Competition Commission]vary a reference under this section by adding to the matters specified in the reference or by excluding from the reference some F7. . .of the matters so specified; and on receipt of such notice the Commission shall give effect to the variation.
(3)The Director may specify in a reference under this section, or a variation of such a reference, for the purpose of assisting the [F8Competition Commission]in carrying out the investigation on the reference—
(a)any effects adverse to the public interest which, in his opinion, the matters specified in the reference or variation have or may be expected to have; and
(b)any modifications of the [F9relevant conditions] by which, in his opinion, those effects could be remedied or prevented.
(4)As soon as practicable after making a reference under this section or a variation of such a reference, the Director—
(a)shall send a copy of the reference or variation to [F10the holder of the licence or, as the case may be, the relevant licence holders] and to the Council; and
(b)publish particulars of the reference or variation in such manner as he considers appropriate for the purpose of bringing the reference or variation to the attention of persons likely to be affected by it.
[F11(4A)The Director shall also send a copy of a reference under subsection (1A) above, or a variation of such a reference, to the Secretary of State; and if, before the end of the period of 28 days beginning with the day on which he receives the copy of the reference or variation, the Secretary of State directs the [F12Competition Commission]not to proceed with the reference or, as the case may require, not to give effect to the variation, the Commission shall comply with the direction.]
(5)It shall be the duty of the Director, for the purpose of assisting the [F13Competition Commission]in carrying out an investigation on a reference under this section [F14or in carrying out functions under section 26A], to give to the Commission—
(a)any information which is in his possession and which relates to matters falling within the scope of the investigation [F14or the carrying out of those functions], and which is either requested by the Commission for that purpose or is information which in his opinion it would be appropriate for that purpose to give to the Commission without any such request; and
(b)any other assistance which the Commission may require, and which it is within his power to give, in relation to any such matters,
and the Commission, for the purpose of carrying out any such investigation [F14or such functions], shall take account of any information given to them for that purpose under this subsection.
(6)In determining for the purposes of this section whether any particular matter operates, or may be expected to operate, against the public interest, the [F15Competition Commission]shall have regard to the matters as respects which duties are imposed on the Secretary of State and the Director by [F16sections 4AA, 4AB and 4A] above.
[F17(7)The provisions mentioned in subsection (7A) are to apply in relation to references under this section as if—
(a)the functions of the Competition Commission in relation to those references were functions under the M1Fair Trading Act 1973;
(b)the expression “merger reference” included a reference under this section;
(c)in section 70 of the M2Fair Trading Act 1973—
(i)references to the Secretary of State were references to the Director, and
(ii)the reference to three months were a reference to six months.
(7A)The provisions are—
(a)sections 70 (time limit for report on merger) and 85 (attendance of witnesses and production of documents) of the Fair Trading Act 1973;
(b)Part II of Schedule 7 to the Competition Act 1998 (performance of the Competition Commission’s general functions); and
(c)section 24 of the M3Competition Act 1980 (modification of provisions about performance of such functions).]
[F18(8)In this section and sections 25 [F19,26 and 26A]—
“relevant conditions” has the meaning given by subsection (1) or (1A) above;
“relevant licence holder”—
in relation to a reference under subsection (1A) above, means the holder of a licence to which the reference relates;
in relation to modifications of relevant conditions within the meaning given by that subsection, means the holder of a licence which incorporates the conditions.]
F1S. 24(1)(1A) substituted for s. 24(1) (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 22(1); S.I. 1996/218, art. 2
F2Words in s. 24(1) substituted (1.4.1999) by S.I. 1999/506, art. 20(a)
F3Word in s. 24(1)(a)(i) substituted (1.10.2001) by 2000 c. 27, s. 108, Sch. 6, Pt. I para. 8(2); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
F4Words in s. 24(1A) substituted (1.4.1999) by S.I. 1999/506, art. 20(b)
F5Words in s. 24(1A)(a) substituted (1.10.2001) by 2000 c. 27, s. 108, Sch. 6, Pt. I para. 8(2); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
F6Words in s. 24(2) substituted (1.4.1999) by S.I. 1999/506, art. 20(b)
F7Words in s. 24(2) 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)
F8Words in s. 24(3) substituted (1.4.1999) by S.I. 1999/506, art. 20(b)
F9Words in s. 24(3) substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 22(2); S.I. 1996/218, art. 2
F10Words in s. 24(4) substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 22(3); S.I. 1996/218, art. 2
F11S. 24(4A) inserted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 22(4); S.I. 1996/218, art. 2
F12Words in s. 24(4A) substituted (1.4.1999) by S.I. 1999/506, art. 20(b)
F13Words in s. 24(5) substituted (1.4.1999) by S.I. 1999/506, art. 20(b)
F14Words in s. 24(5) inserted (1.10.2001) by 2000 c. 27, s. 83(1); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
F15Words in s. 24(6) substituted (1.4.1999) by S.I. 1999/506, art. 20(b)
F16Words in s. 24(6) substituted (20.12.2000) by 2000 c. 27, s. 108, Sch. 6 Pt. I para. 8(3); S.I. 2000/3343, art. 2, Sch. (subject to transitional provisions in arts. 3-15)
F17S. 24(7)(7A) substituted for s. 24(7) (1.4.1999) by 1998 c. 41, ss. 66(5), Sch. 10 Pt. IV para. 10(2) (with s. 73); S.I. 1999/505, art. 2, Sch.
F18S. 24(8) inserted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 22(6); S.I. 1996/218, art. 2
F19Words in s. 24(8) substituted (1.10.2001) by 2000 c. 27, s. 108, Sch. 6, Pt. I para. 8(4); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
C1S. 24 amended (16.5.2001) by 2000 c. 27, s. 104(1)(2) (with s. 104(6)); S.I. 2001/1781, art. 2, Sch. (subject to transitional provisions in arts. 3-10)
M11973 c. 41.
M21973 c. 41.
M31980 c. 21.
(1)Every reference under section 24 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 24 above shall not have effect (and no action shall be taken in relation to it under section 26 below) 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, in the case of an extension made by it under subsection (3) above—
(a)publish that extension in such manner as it considers appropriate for the purpose of bringing it to the attention of persons likely to be affected by it; and
(b)send a copy of what has been published by it under paragraph (a) above to the holder of the licence or, as the case may be, the relevant licence holders.]
F1S. 24A inserted (prosp.) by 2002 c. 40, ss. 278, 279, Sch. 25 para. 15(4)
(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 24 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)Provisions of Part 3 of the Enterprise Act 2002 which have effect for the purposes of sections 109 to 116 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) above, have effect in relation to those sections as applied by virtue of that subsection.
(5)Accordingly, corresponding provisions of this Act shall not have effect in relation to those sections as applied by virtue of that subsection.]
F1S. 24B inserted (prosp.) by 2002 c. 40, ss. 278, 279, Sch. 25 para. 15(4)
(1)In making a report on a reference under section 24 above, the [F1Competition Commission]—
(a)shall include in the report definite conclusions on the questions comprised in the reference together with such an account of their reasons for those conclusions as in their opinion is expedient for facilitating proper understanding of those questions and of their conclusions;
(b)where they conclude that any of the matters specified in the reference operate, or may be expected to operate, against the public interest, shall specify in the report the effects adverse to the public interest which those matters have or may be expected to have; and
(c)where they conclude that any adverse effects so specified could be remedied or prevented by modifications of [F2the relevant conditions], shall specify in the report modifications by which those effects could be remedied or prevented.
Gas Act 1986