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Energy Act 2004
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- 2004 c. 20
- Part 3
- Chapter 4
- Appeals from GEMA decisions
- Section 173
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Changes and effects yet to be applied to Section 173:
Changes and effects
This section lists the changes and effects yet to be applied to the specific provision you are viewing.
- s. 125-125C substituted for s. 125 by 2008 c. 27 Sch. 7 para. 2
- s. 173(2A)(2B) inserted by 2011 c. 16 s. 81(4)
Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:
Changes and effects
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
- Act modified by S.I. 2006/772 rule 68
- Blanket amendment text amended by S.I. 2011/1043 art. 3 6
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 59A inserted by 2005 c. 15 Sch. 4 para. 199
- s. 105A inserted by 2008 c. 32 s. 69(4)
- s. 110A 110B inserted by 2008 c. 32 s. 70(1)
- s. 112A inserted by 2008 c. 32 s. 71
- s. 121A inserted by S.I. 2008/1888 reg. 2
- s. 131A-131C inserted by 2008 c. 27 Sch. 7 para. 6
Commencement Orders yet to be applied to the Energy Act 2004:
Commencement Orders
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
- S.I. 2004/1973 art. 2 commences (2004 c. 20)
- S.I. 2004/2184 art. 2 commences (2004 c. 20)
- S.I. 2004/2575 art. 2 Sch. 1 2 commences (2004 c. 20)
- S.I. 2005/442 art. 2 commences (2004 c. 20)
- S.I. 2005/877 art. 2 commences (2004 c. 20)
- S.I. 2005/2965 art. 2-4 commences (2004 c. 20)
- S.I. 2006/1964 art. 2 commences (2004 c. 20)
- S.I. 2007/1091 art. 2 commences (2004 c. 20)
- S.I. 2009/1269 art. 2 3 commences (2004 c. 20)
- S.I. 2010/1889 art. 2 commences (2004 c. 20)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2006/378 art. 2-7 Sch. commences (2005 c. 15)
- S.I. 2007/709 art. 2-4 commences (2006 c. 48)
- S.I. 2008/2550 art. 2 Sch. commences (2007 c. 17)
- S.I. 2009/45 art. 2-4 Commencement Order
- S.I. 2009/2809 art. 2 commences (2008 c. 32)
- S.I. 2010/298 art. 2 Sch. commences (2009 c. 23)
- S.I. 2010/507 art. 2-5 commences (2009 c. 26)
- S.I. 2011/1066 art. 2 commences (2010 c. 15)
- S.S.I. 2011/58 art. 2 3 commences (2010 asp 5)
Prospective
173Appeals to the Competition CommissionE+W+S
This section has no associated Explanatory Notes
(1)An appeal shall lie to the Competition Commission from a decision by GEMA to which this section applies.
(2)This section applies to a decision by GEMA if—
(a)it is a decision relating to a document by reference to which provision is made by a condition of a gas or electricity licence;
(b)that document is designated for the purposes of this section by an order made by the Secretary of State;
(c)the decision consists in the giving or refusal of a consent by virtue of which the document has effect, or would have had effect, for the purposes of the licence with modifications or as reissued; and
(d)the decision is not of a description of decisions for the time being excluded from the right of appeal under this section by an order made by the Secretary of State.
(3)An appeal against a decision may be brought under this section only by—
(a)a person whose interests are materially affected by it; or
(b)a body or association whose functions are or include representing persons in respect of interests of theirs that are so affected.
(4)The permission of the Competition Commission is required for the bringing of an appeal under this section.
(5)The Competition Commission may refuse permission only on one of the following grounds—
(a)that the appeal is brought for reasons that are trivial or vexatious;
(b)that the appeal has no reasonable prospect of success.
(6)Before making an order under this section, the Secretary of State must consult—
(a)GEMA; and
(b)such other persons as he considers appropriate.
(7)An order excluding decisions from the right of appeal under this section may provide—
(a)for the exclusion to apply only in such cases as may be determined in accordance with the order; and
(b)for a determination in accordance with the order to be made by such persons, in accordance with such procedures, and by reference to such matters and the opinions of such persons (including GEMA), as may be provided for in the order.
(8)An order made by the Secretary of State under this section is subject to the negative resolution procedure.
(9)In this section—
“consent” includes an approval or direction;
“gas or electricity licence” means a licence for the purposes of section 5 of the Gas Act 1986 (c. 44) or section 4 of the 1989 Act (prohibition on unlicensed activities).
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