Energy Act 2023

Part 3U.K.Consequential amendments of other enactments

Utilities Act 2000U.K.

35In section 105(3) of the Utilities Act 2000 (general restrictions on disclosure of information), in paragraph (azb), after “under” insert “Part 3 of the Enterprise Act 2002 or under”.

Commencement Information

I1Sch. 16 para. 35 in force at Royal Assent, see s. 334(2)(j)

Enterprise and Regulatory Reform Act 2013U.K.

36(1)Schedule 4 to the Enterprise and Regulatory Reform Act 2013 is amended as follows.

(2)In paragraph 35(3) (membership of CMA panel), in the definition of “specialist utility functions”, after paragraph (d) insert—

“(dza)

a reference under section 68B or 68C of the Enterprise Act 2002;.

(3)In paragraph 56 (CMA group decision: requirement for two thirds majority), after sub-paragraph (2) insert—

(2A)Sub-paragraph (2B) applies where a decision of a CMA group under section 35(1) or 36(1) of that Act (as applied by section 68F of, and Schedule 5A to, that Act) that there is, or is likely to be, prejudice of the kind described in section 68B(1)(b) or 68C(1)(b) of that Act is not a qualifying majority decision.

(2B)The decision of the CMA group is to be treated as a decision under section 35(1) or, as the case may be, section 36(1) of that Act (as applied by section 68F of, and Schedule 5A to, that Act) that there is not, or is not likely to be, prejudice of that kind.

Commencement Information

I2Sch. 16 para. 36 in force at Royal Assent, see s. 334(2)(j)