SCHEDULES
SCHEDULE 14Regulators: use of powers under the 1998 Act
Gas Act 1986 (c. 44)
I11
The Gas Act 1986 is amended as follows.
I22
1
Section 28 (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 (c) 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
”
.
I33
In section 30A (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.
Electricity Act 1989 (c. 29)
I44
The Electricity Act 1989 is amended as follows.
I55
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
”
.
I66
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.
I77
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
”
.
Water Industry Act 1991 (c. 56)
I88
The Water Industry Act 1991 is amended as follows.
I99
1
Section 19 (exception to duty to enforce) is amended as follows.
2
For subsection (1A) substitute—
1A
Before making an enforcement order or confirming a provisional enforcement order, the Authority shall consider whether it would be more appropriate to proceed under the Competition Act 1998.
1B
The Authority shall not make an enforcement order or confirm a provisional enforcement order if it considers that it would be more appropriate to proceed under the Competition Act 1998.
3
In subsection (3)—
a
in the words before paragraph (a), for “is satisfied as mentioned in subsection (1A) above” substitute “
has decided that it would be more appropriate to proceed under the Competition Act 1998
”
, and
b
in paragraph (a), after “satisfied” insert “
or has so decided
”
.
I1010
In section 22A (penalties), for subsection (13) substitute—
13
Before imposing a penalty under this section, the Authority shall consider whether it would be more appropriate to proceed under the Competition Act 1998.
14
The Authority shall not impose a penalty under this section if it considers that it would be more appropriate to proceed under the Competition Act 1998.
Railways Act 1993 (c. 43)
I1111
The Railways Act 1993 is amended as follows.
I1212
1
Section 55 (orders for securing compliance) is amended as follows.
2
For subsection (5A) substitute—
5A
Before making a final order or making or confirming a provisional order, the Office of Rail Regulation shall consider whether it would be more appropriate to proceed under the Competition Act 1998.
5AA
The Office of Rail Regulation 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.
3
In subsection (5D)(b), for “(5A)” substitute “
(5AA)
”
.
I1313
In section 57A (penalties), for subsection (6) substitute—
6
Before imposing a penalty under this section, the Office of Rail Regulation shall consider whether it would be more appropriate to proceed under the Competition Act 1998.
7
The Office of Rail Regulation shall not impose a penalty under this section if it considers that it would be more appropriate to proceed under the Competition Act 1998.
I1414
In section 67 (functions of the Office of Rail Regulation with respect to competition), in subsection (8), 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
”
.
Transport Act 2000 (c. 38)
I1515
1
Section 21 of the Transport Act 2000 (exceptions to duties to secure compliance) is amended as follows.
2
In subsection (1), omit paragraph (b) and the “or” preceding it.
3
After subsection (5) insert—
6
Before making a final order or making or confirming a provisional order, the CAA must consider whether it would be more appropriate to proceed under the Competition Act 1998.
7
The CAA must not make a final order or make or confirm a provisional order to the extent that it considers that it would be more appropriate to proceed under the Competition Act 1998.
Communications Act 2003 (c. 21)
I1616
The Communications Act 2003 is amended as follows.
I1717
In section 94 (notification of contravention of SMP apparatus conditions), for subsection (10) substitute—
10
Before giving a notification under this section, OFCOM must consider whether it would be more appropriate to proceed under the Competition Act 1998.
10A
OFCOM must not give a notification under this section if they consider that it would be more appropriate to proceed under the Competition Act 1998.
10B
In a case where OFCOM decide that it would be more appropriate to proceed under the Competition Act 1998, they must publish a statement to that effect in such manner as they consider appropriate for bringing their decision to the attention of persons whom they consider are likely to be affected by it.
I1818
In section 96A (notification of contravention of condition other than SMP apparatus condition), for subsection (5) substitute—
5
Before giving a notification under this section, OFCOM must consider whether it would be more appropriate to proceed under the Competition Act 1998.
6
OFCOM must not give a notification under this section if they consider that it would be more appropriate to proceed under the Competition Act 1998.
7
In a case where OFCOM decide that it would be more appropriate to proceed under the Competition Act 1998, they must publish a statement to that effect in such manner as they consider appropriate for bringing their decision to the attention of persons whom they consider are likely to be affected by it.
Postal Services Act 2011 (c. 5)
I1919
In Schedule 7 to the Postal Services Act 2011 (enforcement of regulatory requirements) for paragraph 4 substitute—
4
1
Before giving a notification under paragraph 2, OFCOM must consider whether it would be more appropriate to proceed under the Competition Act 1998.
2
OFCOM must not give a notification under paragraph 2 if they consider that it would be more appropriate to proceed under the Competition Act 1998.
3
In a case where OFCOM decide that it would be more appropriate to proceed under the Competition Act 1998, they must publish a statement to that effect in such manner as they consider appropriate for bringing their decision to the attention of persons whom they consider are likely to be affected by it.
Health and Social Care Act 2012 (c. 7)
F120
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F121
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F122
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The Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1))
I2023
In article 46 of the Electricity (Northern Ireland) Order 1992, in paragraph (6), for the words from the beginning to “(2A) or (3)” substitute “
If any question arises as to whether paragraph (2) or (3) applies to any particular case
”
.
The Energy (Northern Ireland) Order 2003 (S.I. 2003/419 (N.I. 6))
I2124
The Energy (Northern Ireland) Order 2003 is amended as follows.
I2225
1
Article 42 (orders for securing compliance) is amended as follows.
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
”
.
I2326
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.
The Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21))
I2427
The Water and Sewerage Services (Northern Ireland) Order 2006 is amended as follows.
I2528
1
Article 31 (exceptions to duty to enforce) is amended as follows.
2
In paragraph (1), omit sub-paragraph (d) and the “or” preceding it.
3
After that paragraph insert—
1A
Before making an enforcement order or confirming a provisional enforcement order under Article 30, the Authority shall consider whether it would be more appropriate to proceed under the Competition Act 1998.
1B
The Authority shall not make an enforcement order or confirm a provisional enforcement order under that Article if it considers that it would be more appropriate to proceed under the Competition Act 1998.
4
In paragraph (3)—
a
in the words before sub-paragraph (a)—
i
for “, (c) or (d)” substitute “
or (c)
”
, and
ii
after “paragraph (1)” insert “
or decides that it would be more appropriate to proceed under the Competition Act 1998
”
, and
b
in sub-paragraph (a), after “so satisfied” insert “
or has so decided
”
.
I2629
In article 35 (financial penalties), for paragraph (11) substitute—
11
Before imposing a penalty under this Article the Authority shall consider whether it would be more appropriate to proceed under the Competition Act 1998.
12
The Authority shall not impose a penalty under this Article if it considers that it would be more appropriate to proceed under the Competition Act 1998.