Competition Act 1998

17 (1) The [S.I. 1992/231 (N.I. 1).] Electricity (Northern Ireland) Order 1992 is amended as follows.

(2) In Article 15 (modification references to Competition Commission), for paragraphs (8) and (9) substitute—

“(8) The provisions mentioned in paragraph (8A) are to apply in relation to references under this Article as if—

(a) the functions of the Competition Commission in relation to those references were functions under the 1973 Act;

(b) “merger reference” included a reference under this Article;

(c) in section 70 of the 1973 Act—

(i) references to the Secretary of State were references to the Director, and

(ii) the reference to three months were a reference to six months.

(8A) The provisions are—

(a) sections 70 (time limit for report on merger) and 85 (attendance of witnesses and production of documents) of the 1973 Act;

(b) Part II of Schedule 7 to the Competition Act 1998 (performance of the Competition Commission’s general functions); and

(c) section 24 of the 1980 Act (modification of provisions about performance of such functions).

(9) The Secretary of State may appoint members of the Competition Commission for the purposes of references under this Article.

(9A) In selecting a group to perform the Commission’s functions in relation to any such reference, the chairman of the Commission must select up to three of the members appointed under paragraph (9) to be members of the group.”

(3) In Article 16, omit paragraph (2) (which falls with the repeal of the [1976 c. 34.] Restrictive Trade Practices Act 1976).

(4) In Article 18 (modification by order under other statutory provisions)—

(a) in paragraph (1), omit sub-paragraph (b) and the “or” immediately before it;

(b) in paragraph (2)—

(i) after sub-paragraph (a), insert “or”;

(ii) omit sub-paragraph (c) and the “or” immediately before it;

(c) in paragraph (3), omit “or the 1980 Act”.

(5) In Article 28 (orders for securing compliance), in paragraph (5), after sub-paragraph (b), omit “or” and after sub-paragraph (c), insert “or

(d) that the most appropriate way of proceeding is under the Competition Act 1998.”

(6) In Article 46 (functions with respect to competition), after paragraph (6), insert—

“(6A) Section 93B of the 1973 Act (offences of supplying false or misleading information) is to have effect so far as relating to functions exercisable by the Director by virtue of—

(a) paragraph (2) and paragraph 1 of Schedule 10 to the Competition Act 1998, or

(b) paragraph 5 of Schedule 2 to the [1994 c. 40.] Deregulation and Contracting Out Act 1994,

as if the reference in section 93B(l)(a) to the Director General of Fair Trading included a reference to the Director.”

(7) In Article 61(3) (general restrictions on disclosure of information)—

(a) omit sub-paragraphs (f) and (g) (which refer to the Restrictive Trade Practices Act 1976 and the [1976 c. 53.] Resale Prices Act 1976);

(b) after sub-paragraph (t), add—

“(u) the Competition Act 1998”.

(8) At the end of Article 61, insert—

“(7) Information obtained by the Director in the exercise of functions which are exercisable concurrently with the Director General of Fair Trading under Part I of the Competition Act 1998 is subject to sections 55 and 56 of that Act (disclosure) and not to paragraphs (1) to (6).”

(9) In Schedule 12, omit paragraph 16 (which amends the [1976 c. 34.] Restrictive Trade Practices Act 1976).