SCHEDULES

SCHEDULE 14Regulators: use of powers under the 1998 Act

Electricity Act 1989 (c. 29)

I14

The Electricity Act 1989 is amended as follows.

I25

1

Section 25 (orders for securing compliance) is amended as follows.

2

In subsections (1), (2) and (4), for “(5) and” (in each place where it occurs) substitute “ (4A) to ”.

3

After subsection (4) insert—

4A

Before making a final order or making or confirming a provisional order, the Authority shall consider whether it would be more appropriate to proceed under the Competition Act 1998.

4B

The Authority shall not make a final order or make or confirm a provisional order if it considers that it would be more appropriate to proceed under the Competition Act 1998.

4

In subsection (5), omit paragraph (d) and the “or” preceding it.

5

In subsection (6)—

a

in the words before paragraph (a), after “the Authority” insert “ decides that it would be more appropriate to proceed under the Competition Act 1998 or ”, and

b

in paragraph (a), after “that it” insert “ has so decided or ”.

I36

In section 27A (penalties), for subsection (2) substitute—

2

Before imposing a penalty on a regulated person under subsection (1), the Authority shall consider whether it would be more appropriate to proceed under the Competition Act 1998.

2A

The Authority shall not impose a penalty on a regulated person under subsection (1) if it considers that it would be more appropriate to proceed under the Competition Act 1998.

I47

In section 43 (functions with respect to competition), in subsection (6), for the words from the beginning to “(3) above” substitute “ If any question arises as to whether subsection (2) or (3) above applies to any particular case ”.