Article 29 Functions of the Authority with respect to competitionI1
Northern Ireland
The functions to which paragraph (2) apply shall be concurrent functions of the Authority and the F1CMA.
This paragraph applies to the functions of the F2CMA under Part 4 of the Enterprise Act (other than sections 166 F3, 167C F4, 171 and 174E) so far as F5those functions—
are exercisable by the CMA Board (within the meaning of Schedule 4 to the Enterprise and Regulatory Reform Act 2013), and
relate to commercial activities connected with the supply of water or the provision of sewerage services.
The Authority shall be entitled to exercise, concurrently with the F6CMA, the functions of the CMA under the provisions of Part 1 of the Competition Act 1998 (c. 41) (other then sections 31D(1) to (6) F7, 35C, 38(1) to (6) F8, 40B(1) to (4) and 51), so far as relating to—
agreements, decisions or concerted practices of the kind mentioned in section 2(1) of that Act,
conduct of the kind mentioned in section 18(1) of that Act, F9or
transferred EU anti-trust commitments or transferred EU anti-trust directions (as defined in section 40ZA of that Act),
in relation to commercial activities connected with the supply of water or securing the supply of water or the provision or securing the provision of sewerage services.
So far as necessary for the purposes of, or in connection with, the provisions of paragraph F11(1) and (2)—
references in Part 4 of the Enterprise Act to the F12CMA (including references in provisions of that Act applied by that Part) shall be construed as including references to the Authority (except in sections 166 F13, 167C F14, 171 and 174E of that Act and in any other provision of that Act where the context otherwise F15requires);
references in that Part to section 5 of the Act of 2002 are to be construed as including references to Article 60(1) and (2) of this Order.
Section 130A of the Enterprise Act 2002 is to have effect in its application to the Authority by virtue of paragraphs (1) and (2)—
as if for subsection (1) of that section there were substituted—
“(1)Where the Northern Ireland Authority for Utility Regulation—
(a)is proposing to carry out its functions under Article 60(1) and (2) of the Water and Sewerage Services (Northern Ireland) Order 2006 in relation to a matter for the purposes mentioned in subsection (2), and
(b)considers that the matter is one in respect of which it would be appropriate for the Authority to exercise its powers under section 174 (investigation) in connection with deciding whether to make a reference under section 131,
the Authority must publish a notice under this section (referred to in this Part as a “market study notice”).”, and
as if in subsection (2)(a) of that section, for “the acquisition or supply of goods or services of one or more than one description in the United Kingdom” there were substituted “commercial activities connected with the supply of water or the provision of sewerage services (within the meaning given by Article 2 of the Water and Sewerage Services (Northern Ireland) Order 2006)”.
So far as necessary for the purposes of, or in connection with, the provisions of paragraph (3), references in Part I of the Competition Act 1998 F17(including references in provisions of the Enterprise Act 2002 applied by that Part) to the F18CMA are to be read as including a reference to the Authority (except in sections 31D(1) to (6) F19, 35C, 38(1) to (6) F20, 40B(1) to (4), 51, 52(6) and (8) and 54 of that Act and in any other provision of that Act where the context otherwise requires).
Before the CMA or the Authority first exercises in relation to any matter functions which are exercisable concurrently by virtue of paragraph (1), it shall consult the other.
Neither the CMA nor the Authority shall exercise in relation to any matter any functions which are exercisable concurrently by virtue of paragraph (1) if functions which are so exercisable have been exercised in relation to that matter by the other.
It shall be the duty of the Authority, for the purpose of assisting F21a CMA group in carrying out an investigation on a F22market investigation reference made by the Authority (under section 131 of the Act of 2002), and by virtue of paragraph (2), to give to the F23group—
any information which is in the Authority's possession and which relates to matters falling within the scope of the investigation, and which is either requested by the group for that purpose or is information which in the Authority's opinion it would be appropriate for that purpose to give to the group without any such request; and
any other assistance which the group may require, and which it is within the Authority's power to give, in relation to any such matters,
and the group shall, for the purposes of carrying out any such investigation, take into account any information given to it for that purpose under this paragraph.
If any question arises as to whether paragraph (2) or (3) applies to any particular case, that question shall be referred to and determined by the Secretary of State; and no objection shall be taken to anything done under—
Part 4 of the Enterprise Act; or
by or in relation to the Authority on the ground that it should have been done by or in relation to the F26CMA.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In making any decision, or otherwise taking action, for the purposes of any of its functions that—
by virtue of this Article, are functions exercisable concurrently with the CMA, and
in the case of functions under the Competition Act 1998, are functions within Schedule 4A to the Enterprise and Regulatory Reform Act 2013 by virtue of paragraph 5 of that Schedule,
the Authority must have regard to the need for making a decision, or taking action, as soon as reasonably practicable.
Annotations
Textual amendments
- F1
Word in art. 29(1) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 253(2) (with art. 3)
- F2
Word in art. 29(2) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 253(3)(a) (with art. 3)
- F3
Word in art. 29(2) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 12 para. 10(2); S.I. 2024/1226, regs. 1(2), 2(1)(16)
- F4
Words in art. 29(2) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 253(3)(b) (with art. 3)
- F5
Words in art. 29(2) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 253(3)(c) (with art. 3)
- F6
Word in art. 29(3) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 253(4) (with art. 3)
- F7
Word in art. 29(3) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 12 para. 10(3)(a); S.I. 2024/1226, regs. 1(2), 2(1)(16)
- F8
Words in art. 29(3) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 12 para. 10(3)(b); S.I. 2024/1226, regs. 1(2), 2(1)(16)
- F9
Word in art. 29(3)(b) inserted (31.12.2020) by S.I. 2019/93, Sch. 1 para. 12(2) (as substituted by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 24)
- F10
Art. 29(3)(c) substituted for art. 29(3)(c)(d) (31.12.2020) by S.I. 2019/93, Sch. 1 para. 12(3) (as substituted by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 24)
- F11
Words in art. 29(4) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 253(5)(a) (with art. 3)
- F12
Word in art. 29(4) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 253(5)(b) (with art. 3)
- F13
Word in art. 29(4)(a) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 12 para. 10(4); S.I. 2024/1226, regs. 1(2), 2(1)(16)
- F14
Words in art. 29(4) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 253(5)(c) (with art. 3)
- F15
Words in art. 29(4) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 253(5)(d) (with art. 3)
- F16
Art. 29(4A) inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 253(6) (with art. 3)
- F17
Words in art. 29(5) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 13 para. 12; S.I. 2024/1226, regs. 1(2), 2(1)(17)
- F18
Word in art. 29(5)-(7) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 253(4) (with art. 3)
- F19
Word in art. 29(5) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 12 para. 10(5)(a); S.I. 2024/1226, regs. 1(2), 2(1)(16)
- F20
Words in art. 29(5) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 12 para. 10(5)(b); S.I. 2024/1226, regs. 1(2), 2(1)(16)
- F21
Words in art. 29(8) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 253(7)(a)(i) (with art. 3)
- F22
Words in art. 29(8) substituted (1.4.2014) by virtue of The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 253(7)(a)(ii) (with art. 3)
- F23
Word in art. 29(8) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 253(7)(b) (with art. 3)
- F24
Word in art. 29(9)(b) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 12 para. 10(6)(a); S.I. 2024/1226, regs. 1(2), 2(1)(16)
- F25
Words in art. 29(9)(b) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 12 para. 10(6)(b); S.I. 2024/1226, regs. 1(2), 2(1)(16)
- F26
Word in art. 29(9)(10) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 253(8) (with art. 3)
- F27
Art. 29(10) omitted (1.1.2025) by virtue of Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 12 para. 10(7); S.I. 2024/1226, regs. 1(2), 2(1)(16)
- F28
Art. 29(11) inserted (1.1.2025 for specified purposes, 6.4.2025 for specified purposes) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 29 para. 4; S.I. 2024/1226, regs. 1(2), 2(1)(21); S.I. 2025/272, reg. 2(1)(13)
Commencement
- I1
Art. 29 wholly in operation at 1.4.2007, see art. 1(2) and S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)