OpenLegislation

Section 23G Determination of appeal by CMA : supplementaryF1F6

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 the 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 23A apply where a condition of a licence is modified in accordance with section 23E as they apply where a condition of a licence is modified under section 23.

Annotations

Textual amendments

F1

Ss. 23B-23G and cross-heading inserted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 41(7) (with reg. 42)

F2

Word in s. 23G(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 21(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F3

Word in s. 23G(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 21(3)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F4

Word in s. 23G(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 21(3)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F5

Word in s. 23G(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 21(4); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F6

Word in s. 23G heading substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 21(5); S.I. 2014/416, art. 2(1)(d) (with Sch.)

Notes on Part I

Modifications

C1

Pt. I: definition of "public gas supplier" applied (E.W.) (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 208(3)(b), 225(2) (with ss. 16(6), 179, 222(3), Sch. 22 para. 1, Sch. 23 para. 6)

Pt. I: definition of "public gas supplier" applied (E.W.) (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 178, 225(2), Sch. 22 para. 1(4)(e) (with ss. 16(6), 179, 222(3), Sch. 22 para. 1, Sch. 23 para. 6)

Pt. I applied (1.3.1996) by 1995 c. 45, s. 6(7); S.I. 1996/218, art. 2

Pt. I applied (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 1; S.I. 1996/218, art. 2