Part 2

New regulatory arrangements, etc

The Competition Commission

Determination references under section 12 of the WIA
54
1
Section 12 of the WIA (determinations under conditions of appointment) is amended as follows.
2
After subsection (3) there is inserted—
3A
For the purposes of subsection (3) above, where—
a
the question or matter referred to the Commission concerns the review of a price control imposed on the company holding the appointment; and
b
the Commission is to decide to what extent it is reasonable to take into account in its determination costs incurred or borne by the company in connection with the reference,
the Commission shall also have regard to the extent to which, in its view, its determination is likely to support the company’s (rather than the Authority's) claims in relation to the question or matter referred to it.
3B
Subsections (4) and (5) of section 14, and sections 16A and 16B, below apply to references to the Competition Commission under this section as they apply to references under section 14.
3C
A report of the Competition Commission on a reference under this section—
a
shall be made to the Authority; and
b
shall include definite conclusions on the questions or other matters comprised in the reference, together with such an account of their reasons for those conclusions as, in the opinion of the Competition Commission, is expedient for facilitating a proper understanding of those questions or other matters and of their conclusions,
and subsections (5) and (6) of section 15 below apply to such a report as they apply to a report on a reference under section 14.
3
Subsections (3)(b)(i), (4) and (5) shall cease to have effect.
S. 54 in force at 1.10.2004 by S.I. 2004/2528, art. 2(h) (with Sch. para. 58) (which transitional provisions in Sch. para. 5 are revoked (1.10.2005) by S.I. 2007/1021, art. 3(1)(a)(2))