Article 18 Modification by order under other statutory provisionsF1

Northern Ireland

(1)

Where the F2CMA or (as the case may be) the Secretary of State (in this Article “the relevant authority”) makes a relevant order, the order may also provide for the modification of the conditions of a licence to such extent as may appear to the relevant authority to be requisite or expedient for the purpose of giving effect to, or taking account of, any provision made by the order.

(2)

In paragraph (1) “relevant order” means—

(a)

an order under section 75, 83 or 84 of, or paragraph 5, 10 or 11 of Schedule 7 to, the Enterprise Act 2002 where—

(i)

one or more than one of the enterprises which have, or may have, ceased to be distinct enterprises was engaged in the carrying on of activities authorised or regulated by a licence; or

(ii)

one or more than one of the enterprises which will or may cease to be distinct enterprises is engaged in the carrying on of activities authorised or regulated by a licence; or

(b)

an order under section 160 or 161 of that Act where the feature, or combination of features, of the market F3or markets in the United Kingdom for goods or services which prevents, restricts or distorts competition relates to the generation, transmission F4, distribution or supply of electricity.

(3)

In paragraph (2) expressions which are also used in Part 3 or, as the case may be, Part 4 of the Enterprise Act 2002 have the same meanings as in that Part of that Act.

Annotations

Textual amendments

F1: mod. by SI 2003/1592
F2: Word in art. 18(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 26(4), 103(3), Sch. 6 para. 156; S.I. 2014/416, art. 2(1)(d) (with Sch.)
F3: Words in art. 18(2)(b) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 2, Sch. 1 para. 215 (with art. 3)
F4: Words in art. 18(2)(b) inserted (1.11.2007) by Electricity Regulations (Northern Ireland) 2007 (S.R. 2007/321), regs. 1(2), 11(1), Sch. 2 para. 4 (with transitional provisions in Pt. IV)