The Gas (Northern Ireland) Order 1996

Modification references to [F1 Competition and Markets Authority] N.I.

15.—(1) The Director may make to the [F2 CMA] a reference which is so framed as to require [F3 the CMA] to investigate and report on the questions—

(a) whether any matters which—

(i) relate to the carrying on of activities authorised or[F4 regulated] by a particular licence; and

(ii) 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 relevant conditions, that is to say, the conditions of the licence.

(2) The Director may make to the[F5 CMA] a reference which is so framed as to require [F6 the CMA] to investigate and report on the questions—

(a) whether any matters which—

(i) relate to the carrying on of activities authorised or[F4 regulated] by licences under sub-paragraph (a), (b) [F7 , (c) or (d)] of Article 8(1); and

(ii) 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 relevant conditions, that is to say, the standard conditions of licences under that sub-paragraph.

(3) The Director may, at any time, by notice given to the[F8 CMA] vary a reference under this Article by adding to the matters specified in the reference or by excluding from the reference some or all of the matters so specified; and on receipt of any such notice [F9 the CMA] shall give effect to the variation.

(4) The Director may specify in a reference under this Article, or a variation of such a reference, for the purpose of assisting the[F10 CMA] in carrying out the investigation on the reference—

(a) any effects adverse to the public interest which, in his opinion, the matters specified in the reference or variation have or may be expected to have; and

(b) any modifications of the relevant conditions by which, in his opinion, those effects could be remedied or prevented.

(5) As soon as practicable after making a reference under this Article or a variation of such a reference, the Director—

(a) shall serve a copy of the reference or variation on the licence holder or, as the case may be, the relevant licence holders; and

(b) shall publish particulars of the reference or variation in such manner as he considers appropriate for the purpose of bringing the reference or variation to the attention of persons likely to be affected by it.

(6) The Director shall also send a copy of a reference under paragraph (2), or a variation of such a reference, to the Department; and if, before the end of the period of 28 days from the day on which the Department receives the copy of the reference or variation, the Department directs the[F11 CMA] not to proceed with the reference or, as the case may require, not to give effect to the variation, [F12 the CMA] shall comply with the direction.

(7) It shall be the duty of the Director, for the purpose of assisting the[F13 CMA] in carrying out an investigation on a reference under this Article[F4 or in carrying out functions under Article 17A], to give to [F14 the CMA]—

(a) any information in his possession which relates to matters falling within the scope of the investigation[F4 or the carrying out of those functions] and—

(i) is requested by [F14 the CMA] for that purpose; or

(ii) is information which, in his opinion, it would be appropriate for that purpose to give to [F14 the CMA] without any such request; and

(b) any other assistance which [F14 the CMA] may require, and which it is within his power to give, in relation to any such matters;

and [F14 the CMA], for the purpose of carrying out any such investigation[F4 or such functions], shall take account of any information given to them for that purpose under this paragraph.

(8) In determining for the purposes of this Article whether any particular matter operates, or may be expected to operate, against the public interest, the[F15 CMA] shall have regard to the matters as respects which duties are imposed on the Department and the Director by[F4 Article 14 of the Energy (Northern Ireland) Order 2003].

[F16 (8A) The functions of the CMA with respect to a reference under this Article are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (including functions relating to the making of modifications following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act 2002, as applied by Articles 15B and 17A).]

Paras. (9) and (9A) rep. by 2002 c. 40

(10) In this Article and Articles[F17 15A,] 16[F4 ,17 or 17A]

• “relevant conditions” has the meaning given by paragraph (1) or (2);

• “relevant licence holder”

  (a)

  in relation to a reference under paragraph (2), means the holder of a licence to which the reference relates;

  (b)

  in relation to modifications of relevant conditions within the meaning given by that paragraph, means the holder of a licence which incorporates the conditions.

F1 Words in art. 15 heading substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 26(4), 103(3), Sch. 6 para. 160(10); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F2 Word in art. 15(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 26(4), 103(3), Sch. 6 para. 160(2)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F3 Words in art. 15(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 26(4), 103(3), Sch. 6 para. 160(2)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F4 2003 NI 6

F5 Word in art. 15(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 26(4), 103(3), Sch. 6 para. 160(3)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F6 Words in art. 15(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 26(4), 103(3), Sch. 6 para. 160(3)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F7 Words in art. 15(2)(a)(i) substituted (12.4.2013) by Gas and Electricity (Internal Markets) Regulations (Northern Ireland) 2013 (S.R. 2013/92), reg. 24

F8 Word in art. 15(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 26(4), 103(3), Sch. 6 para. 160(4)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F9 Words in art. 15(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 26(4), 103(3), Sch. 6 para. 160(4)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F10 Word in art. 15(4) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 26(4), 103(3), Sch. 6 para. 160(5); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F11 Word in art. 15(6) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 26(4), 103(3), Sch. 6 para. 160(6)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F12 Words in art. 15(6) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 26(4), 103(3), Sch. 6 para. 160(6)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F13 Word in art. 15(7) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 26(4), 103(3), Sch. 6 para. 160(7)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F14 Words in art. 15(7) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 26(4), 103(3), Sch. 6 para. 160(7)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F15 Word in art. 15(8) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 26(4), 103(3), Sch. 6 para. 160(8); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F16 Art. 15(8A) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 26(4), 103(3), Sch. 6 para. 160(9); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F17 2002 c. 40