36Electricity licence modification references
(1)Section 12 of the 1989 Act (licence modification references to the Competition Commission) is amended as follows.
(2)For subsection (1) there is substituted—
“(1)The Authority may make to the Competition Commission a reference which is so framed as to require the Commission to investigate and report on the questions—
(a)whether any matters which relate to the carrying on of activities authorised or regulated by a particular licence and which are specified in the reference operate, or may be expected to operate, against the public interest; and
(b)if so, whether the effects adverse to the public interest which those matters have or may be expected to have could be remedied or prevented by modifications of the conditions of the licence.
(1A)The Authority may make to the Competition Commission a reference which is so framed as to require the Commission to investigate and report on the questions—
(a)whether any matters which relate to the carrying on of activities authorised or regulated by licences of any type mentioned in section 6(1), and which are specified in the reference operate, or may be expected to operate, against the public interest; and
(b)if so, whether the effects adverse to the public interest which those matters have or may be expected to have could be remedied or prevented by modifications of the standard conditions of licences of that type.”
(3)In subsection (3)(b), for “conditions of the licence” there is substituted “relevant conditions”.
(4)In subsection (4), after “licence” at the end of paragraph (a) there is inserted “or, as the case may be, the relevant licence holders and the Council”.
(5)In subsection (5), for “this section” there is substituted “subsection (1A)”.
(6)In subsection (6), after “this section” there is inserted “or in carrying out functions under section 14A”, after “the investigation” there is inserted “or the carrying out of those functions” and after “such investigation” there is inserted “or such functions”.
(7)After subsection (6) there is inserted—
“(6A)In this section and sections 13, 14 and 14A—
“relevant conditions”—
(a)in relation to a reference under subsection (1), means the conditions of the licence to which the reference relates; and
(b)in relation to a reference under subsection (1A), means the standard conditions of the licences to which the reference relates; and
“relevant licence holder” means the holder of a licence to which a reference under subsection (1A) relates.”