Section 41D Application by Authority for order including new activities.F1
England, Wales and Scotland
If the Authority proposes to make an application for an order providing for activities to become licensable activities, it shall give notice—
stating that it proposes to make an application for an order providing for the activities to become licensable activities;
setting out the conditions which it would expect such an order to determine to be standard conditions for the purposes of licences authorising the undertaking of the activities and any other conditions which it would expect to be included in such licences; and
specifying a reasonable period (not being less than 28 days from the date of publication of the notice) within which representations or objections may be made with respect to the proposal,
and shall consider any representations or objections which are duly made and not withdrawn.
The notice shall be given by serving a copy on F2Citizens Advice and F3Consumer Scotland and by publishing it in such manner as the Authority considers appropriate for bringing it to the attention of—
persons appearing to it to be carrying on, or be intending to carry on, the activities; and
any other persons appearing to it to be likely to be affected by an order providing for the activities to become licensable activities.
If an objection has been duly made (and not withdrawn) by a person who is carrying on or intends to carry on the activities, the Authority F4shall, before making the application, make a reference under section 41E to the CMA.
In any other case where the Authority considers it appropriate to make a reference to the F5CMA under section 41E before making the application, the Authority may make such a reference.
If a reference is made to the CMA, the application shall not be made unless the CMA has reported on the reference that the fact that the activities to which the application relates are not licensable activities operates, or may be expected to operate, against the public interest.
The application shall set out—
the activities which the Authority considers should become licensable activities; and
the conditions which the Authority would expect to be determined to be standard conditions for the purposes of licences authorising the undertaking of the activities in question and any other conditions which the Authority would expect to be included in such licences.
The functions of the CMA with respect to a reference under section 41E (including functions under sections 109 to 115 of the Enterprise Act 2002, as applied by section 41EB) are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013.
Annotations
Textual amendments
- F1
Ss. 41C-41H and cross-heading inserted (1.10.2001) by 2000 c. 27, s. 88 (with s. 104(1)(2)(6)); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
- F2
Words in s. 41D(2) substituted (1.4.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(3), Sch. 1 para. 4(13) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)
- F3
Words in s. 41D(2) substituted (13.1.2022) by The Consumer Scotland Act 2020 (Consequential Provisions and Modifications) Order 2022 (S.I. 2022/34), art. 1(1), Sch. para. 2(12) (with art. 5)
- F4
Words in s. 41D(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 23(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)
- F5
Word in s. 41D(4)(5) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 23(3); S.I. 2014/416, art. 2(1)(d) (with Sch.)
- F6
S. 41D(7) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 23(4); 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
Notes on Alteration of activities requiring licence
Textual amendments
- F1
Ss. 41C-41H and cross-heading inserted (1.10.2001) by 2000 c. 27, s. 88 (with s. 104(1)(2)(6)); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)