Statutory Instrument 1992 No. 1024

      The Electricity (Restrictive Trade Practices Act 1976) (Exemptions) Order 1992


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STATUTORY INSTRUMENTS

1992 No. 1024

ELECTRICITY

The Electricity (Restrictive Trade Practices Act 1976) (Exemptions) Order 1992

Made 2nd April 1992
Laid before Parliament 27th April 1992
Coming into force 18th May 1992

    The Secretary of State, in exercise of the powers conferred upon him by section 100(2)(b) of the Electricity Act 1989[1] and after consultation with the Director General of Electricity Supply for Northern Ireland and the Director General of Fair Trading[2], hereby makes the following Order:—
    Citation, commencement and interpretation
        1.—(1)  This Order may be cited as the Electricity (Restrictive Trade Practices Act 1976) (Exemptions) Order 1992 and shall come into force on 18th May 1992.

        (2)  In this Order—
      "the 1976 Act" means the Restrictive Trade Practices Act 1976[3] and "agreement",

      "information provision" and "restriction" have the same meanings as in that Act;

      "the 1989 Act" means the Electricity Act 1989; and

      "the Department" means the Department of Trade and Industry.

        (3)  Any reference in the Schedule to this Order to an agreement includes a reference to that agreement as subsequently varied or amended by an agreement to which paragraph 41 in Part II of that Schedule applies.
    Exemptions from the 1976 Act
        2.    Agreements relating to the generation, transmission or supply of electricity which are specified in Part I of the Schedule to this Order and such agreements which meet the description of agreements specified in Part II of that Schedule and satisfy the condition specified therein in connection with that description are specified as agreements to which, by virtue of section 100(2) of the 1989 Act, the 1976 Act does not apply and is deemed never to have applied.
    Amendment of the Electricity (Restrictive Trade Practices Act 1976) (Exemptions) Order 1990
        3.    The following amendments shall be made to article 1(2) of the Electricity (Restrictive Trade Practices Act 1976) (Exemptions) Order 1990[4] (interpretation)—
       (a) after the definition of "the 1989 Act" there shall be inserted the following definition—
          ""the 1992 Order" means the Electricity (Northern Ireland) Order 1992[5];" ;
       (b) in the definition of "exempted person", after the words "the 1989 Act" there shall be inserted the words "or under article 9 of the 1992 Order," and after the words "that Act" there shall be inserted the words "or, as the case may be, that Order";
       (c) in the definition of "grid systems code", after the words "the 1989 Act" there shall be inserted the words "or under article 10(1)(b) of the 1992 Order";
       (d) in the definition of "licence holder", after the words "the 1989 Act" there shall be inserted the words "or as in Part II of the 1992 Order".



Reay

Parliamentary Under-Secretary of State, Department of Trade and Industry

2nd April 1992





Notes:

[1] 1989 c. 29. back

[2] See section 100(3) and (6) of the Electricity Act 1989. Subsection (6) of that section was inserted by article 5 of the Electricity (Northern Ireland Consequential Amendments) Order 1992 (S.I. 1992/232). back

[3] 1976 c. 34. back

[4] S.I. 1990/759. back

[5] S.I. 1992/231 (N.I. 1). back

 

Explanatory Note


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