1E+W+SThe Gas Act 1986 is amended as follows.
Commencement Information
I1Sch. 14 para. 1 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)
2(1)Section 28 (orders for securing compliance) is amended as follows.E+W+S
(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 ”.
Commencement Information
I2Sch. 14 para. 2 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)
3E+W+SIn 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.”
Commencement Information
I3Sch. 14 para. 3 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)