Competition Act 1998

Membership of the Commission E+W+S+N.I.

2 (1) The Commission is to consist of— E+W+S+N.I.

(a) members appointed by the Secretary of State to form a panel for the purposes of the Commission’s functions in relation to appeals;

(b) members appointed by the Secretary of State to form a panel for the purposes of the Commission’s general functions;

(c) members appointed (in accordance with paragraph 15(5)) from the panel maintained under paragraph 22;

(d) members appointed by the Secretary of State under or by virtue of—

(i) section 12(4) or 14(8) of the M1 Water Industry Act 1991;

[F1 (ii) section 104 of the Utilities Act 2000; .]

(iii) section 13(10) of the M2 Telecommunications Act 1984;

(iv) Article 15(9) of the M3 Electricity (Northern Ireland) Order 1992.

(2) A person who is appointed as a member of a kind mentioned in one of paragraphs (a) to (c) of sub-paragraph (3) may also be appointed as a member of either or both of the other kinds mentioned in those paragraphs.

(3) The kinds of member are—

(a) an appeal panel member;

(b) a reporting panel member;

(c) a specialist panel member.

(4) Before appointing a person who is qualified for appointment to the panel of chairmen (see paragraph 26(2)), the Secretary of State must consult the Lord Chancellor or Lord Advocate, as he considers appropriate.

(5) The validity of the Commission’s proceedings is not affected by a defect in the appointment of a member.

Annotations:

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Amendments (Textual)

F1 Sch. 7 para. 2(1)(d)(ii) substituted (16.5.2001) by 2000 c. 27, s. 104(3) (with s. 104(6)); S.I. 2001/1781, art. 2, Sch. (subject to transitional provisions in arts. 3-10)

Modifications etc. (not altering text)

C1 Sch. 7 para. 2: functions of the Lord Advocate transferred to the Secretary of State, and all property, rights and liabilities to which the Lord Advocate is entitled or subject in connection with any such function transferred to the Secretary of State for Scotland (19.5.1999) by S.I. 1999/678, arts. 2, 3, Sch. (with art. 7)

C2 Sch. 7 para. 2(4) modified (30.6.1999) by S.I. 1999/1748, art. 3, Sch. 1 para. 21

Sch. 7 para. 2(4): transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7)

Marginal Citations

M1 1991 c. 56.

M2 1984 c. 12.

M3 S.I. 1992/231 (N.I.1).