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Section 11H Determination of appeal by CMA : supplementaryF1F6C1

United Kingdom

(1)

A determination by the F2CMA on an appeal—

(a)

must be contained in an order made by the CMA ;

(b)

must set out the reasons for the determination;

(c)

takes effect at the time specified in the order or determined in accordance with provision made in the order;

(d)

must be notified by the CMA to the parties to the appeal;

(e)

must be published by the CMA —

(i)

as soon as reasonably practicable after the determination is made;

(ii)

in such manner as the CMA considers appropriate for the purpose of bringing the determination to the attention of any person likely to be affected by it (other than a party to the appeal).

(2)

The F3CMA may exclude from publication under subsection (1)(e) any information which it is satisfied is—

(a)

commercial information, the disclosure of which would, or might in F4CMA's opinion, significantly harm the legitimate business interests of an undertaking to which it relates; or

(b)

information relating to the private affairs of an individual, the disclosure of which would, or might in the CMA's opinion, significantly harm the individual’s interests.

(3)

The Authority must take such steps as it considers requisite for it to comply with an order of the F5CMA made by virtue of subsection (1)(a).

(4)

The steps must be taken—

(a)

if a time is specified in (or is to be determined in accordance with) the order, within that time;

(b)

in any other case, within a reasonable time.

(5)

Subsections (2) to (4) of section 11B apply where a condition of a licence is modified in accordance with section 11F as they apply where a condition of a licence is modified under section 11A.

Annotations

Textual amendments

F1

Ss. 11C-11H and cross-heading inserted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 43(8) (with reg. 44)

F2

Word in s. 11H(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 36(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F3

Word in s. 11H(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 36(3)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F4

Word in s. 11H(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 36(3)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F5

Word in s. 11H(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 36(4); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F6

Word in s. 11H heading substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 36(5); S.I. 2014/416, art. 2(1)(d) (with Sch.)

Modifications

C1

Ss. 11C-11H applied (with modifications) (1.6.2022) by Nuclear Energy (Financing) Act 2022 (c. 15), s. 10(2)-(4), 44(2)

Notes on Part I

Modifications

C1

Pt. I modified (5.10.2004) by Energy Act 2004 (c. 20), ss. 184(12), 185(13), 198(2); S.I. 2004/2575, art. 2(1), Sch. 1

C2

Pt. I modified (S.) (30.11.2005) by The Electricity from Non-Fossil Fuel Sources (Scotland) Saving Arrangements Order 2005 (S.S.I. 2005/549), arts. 1(1), 9

C3

Pt. 1 excluded (30.12.2015) by The Port Talbot Steelworks Generating Station Order 2015 (S.I. 2015/1984), arts. 1, 7(2) (with art. 26)

C4

Pt. I (ss. 1-64) applied (1.10.2001) by S.I. 2001/3264, regs. 4(2), 5(2)

C5

Pt. I (ss. 1-64) amended (E.W.) (27.10.2000) by S.I. 2000/2727, art. 10

Pt. I (ss. 1-64) amended (7.11.2000) by 2000 c. 27, s. 105(1)(a); S.I. 2000/2974, art. 2, Sch. (subject to transitional provisions in arts. 3-12)

Pt. I (ss. 1-64) amended (E.W.) (1.10.2001) by S.I. 2000/2727, art. 10 (as substituted (1.10.2001) by S.I. 2001/3268, art. 2(13))