24N.I.The Energy (Northern Ireland) Order 2003 is amended as follows.
Commencement Information
I1Sch. 14 para. 24 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)
25(1)Article 42 (orders for securing compliance) is amended as follows.N.I.
(2)In paragraph (1), for “, (5) and” substitute “ and (5) to ”.
(3)In paragraphs (2) and (4), for “(5) and” substitute “ (5) to ”.
(4)In paragraph (5), omit sub-paragraph (b) and the “or” preceding it.
(5)After that paragraph insert—
“(5A)Before making a final order or making or confirming a provisional order in relation to a licence holder, the Authority shall consider whether it would be more appropriate to proceed under the Competition Act 1998.
(5B)The Authority shall not make a final order or make or confirm a provisional order in relation to a licence holder if it considers that it would be more appropriate to proceed under the Competition Act 1998.”
(6)In paragraph (7)—
(a)in the words before sub-paragraph (a), after “(6)” insert “ or decides that it would be more appropriate to proceed under the Competition Act 1998 ”, and
(b)in sub-paragraph (a), after “satisfied” insert “ or has so decided ”.
Commencement Information
I2Sch. 14 para. 25 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)
26N.I.In article 45 (financial penalties), for paragraph (3) substitute—
“(3)Before imposing a penalty under paragraph (1) or (2) the Authority shall consider whether it would be more appropriate to proceed under the Competition Act 1998.
(3A)The Authority shall not impose a penalty under paragraph (1) or (2) if it considers that it would be more appropriate to proceed under the Competition Act 1998.”
Commencement Information
I3Sch. 14 para. 26 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)