Paragraph 25 F1

United Kingdom

(1)

This paragraph applies where—

(a)

the Competition Appeal Tribunal makes an order under paragraph 23(4)(b),

(b)

the Authority has made a property scheme in relation to the property, rights or liabilities concerned, and

(c)

the scheme has not come into operation.

(2)

Where the Tribunal's determination is that provision of a kind mentioned in paragraph 1(2) is not, in relation to the property, rights or liabilities concerned, necessary or expedient for F2construction, commissioning or operational purposes, it may include in the order provision quashing the scheme.

(3)

In any other case, the Tribunal may include in the order—

(a)

provision for the scheme to have effect with such amendments with respect to any matter dealt with by the Authority's determination as it thinks fit, and

(b)

to the extent that the Authority's determination dealt with any financial matter, provision requiring the Authority to redetermine the matter in accordance with the order and to amend the scheme accordingly.

Annotations

Textual amendments

F1: Sch. 2A inserted (20.5.2009) by Energy Act 2008 (c. 32), ss. 44(4), 110(2), Sch. 2; S.I. 2009/1270, art. 2
F2: Words in Sch. 2A para. 25(2) substituted (26.10.2023) by Energy Act 2023 (c. 52), s. 334(2)(i), Sch. 15 para. 19