PART IIELECTRICITY SUPPLY
Modification of licences
Modification references toF1CMA15.
(1)
The Director may make to theF2CMA a reference which is so framed as to require F3the CMA to investigate and report on the questions—
(a)
whether any matters which—
(i)
relate to theF4 carrying on of activities authorised or 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 conditions of the licence.
(2)
The Director may, at any time, by notice given to theF5CMA 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 F6the CMA shall give effect to the variation.
(3)
The Director may specify in a reference under this Article, or a variation of such a reference, for the purpose of assisting theF7CMA 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 conditions of the licence by which, in his opinion, those effects could be remedied or prevented.
(4)
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; 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.
(5)
The Director shall also send a copy of a reference under this Article, 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 theF8CMA not to proceed with the reference or, as the case may require, not to give effect to the variation, F9the CMA shall comply with the direction.
(6)
It shall be the duty of the Director, for the purpose of assisting theF10CMA in carrying out an investigation on a reference under this ArticleF4 or in carrying out functions under Article 17A, to give to F11the CMA—
(a)
any information in his possession which relates to matters falling within the scope of the investigationF4 or the carrying out of those functions and—
(i)
is requested by F11the CMA for that purpose; or
(ii)
is information which, in his opinion, it would be appropriate for that purpose to give to F11the CMA without any such request; and
(b)
any other assistance which F11the CMA may require, and which it is within his power to give, in relation to any such matters;
(7)
In determining for the purposes of this Article whether any particular matter operates, or may be expected to operate, against the public interest, theF12CMA shall have regard to the matters as respects which duties are imposed on the Department and the Director byF4 Article 12 of the Energy (Northern Ireland) Order 2003F13 or Article 9 of the Electricity (Single Wholesale Market) (Northern Ireland) Order 2007.
F14(7A)
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).