Energy Bill [HL]

House of Commons

Session 2003 - 04
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Energy Bill [HL]

Energy Bill [HL]
Schedule 22 — Procedure for appeals under section 169
269

      (2)
The Commission may, by notice, require a person—
(a)
to attend at a time and place specified in the notice; and
(b)
at that time and place, to give evidence to a person or group
mentioned in sub-paragraph (1).
      (3)
At any oral hearing the person or group conducting the hearing may
5
require—
(a)
the applicant, or the appellant or any intervener, if he is present at the
hearing, or
(b)
a person attending the hearing as a representative of a person
mentioned in paragraph (a) or of GEMA,
10

to give evidence or to make representations or observations.
      (4)
A person who gives oral evidence at the hearing may be cross-examined by
or on behalf of any party to the appeal.
      (5)
If a person is not present at a hearing to be subjected to a requirement under
sub-paragraph (3)—
15
(a)
the Commission is not required to give notice to him under sub-
paragraph (2); and
(b)
the person or group conducting the hearing may determine the
application or appeal without hearing his evidence, representations
or observations.
20
      (6)
No person is to be compelled under this paragraph to give evidence which
he could not be compelled to give in civil proceedings in the High Court or
Court of Session.
      (7)
Where a person is required under this paragraph to attend at a place more
than ten miles from his place of residence, the Commission must pay him the
25
necessary expenses of his attendance.
      (8)
A notice for the purposes of this paragraph may be issued on the
Commission’s behalf by any member of the Commission or by its secretary.
Written statements
10    (1)
The Commission may, by notice, require a person to produce a written
30
statement with respect to a matter specified in the notice to—
(a)
a person who is considering, or is to consider, an application for a
direction under paragraph 3; or
(b)
a group with the function of determining an appeal.
      (2)
The power to require the production of a written statement includes
35
power—
(a)
to specify the time and place at which it is to be produced; and
(b)
to require it to be verified by a statement of truth;

and a statement produced in accordance with this paragraph must be
disregarded unless it is so verified.
40
      (3)
No person is to be compelled under this paragraph to produce a written
statement with respect to any matter about which he could not be compelled
to give evidence in civil proceedings in the High Court or Court of Session.
      (4)
A notice for the purposes of this paragraph may be issued on the
Commission’s behalf by any member of the Commission or by its secretary.
45

Energy Bill [HL]
Schedule 22 — Procedure for appeals under section 169
270

Defaults in relation to evidence
11    (1)
If a person (“the defaulter”)—
(a)
fails to comply with a notice or other requirement issued or imposed
under paragraph 8, 9 or 10,
(b)
in complying with a notice under paragraph 10, makes a statement
5
that is false in any material particular, or
(c)
in providing information otherwise verified in accordance with a
statement of truth required by appeal rules, provides information
that is false in a material particular,

a member of the Commission may certify the failure, or the fact that such a
10
false statement has been made, to the High Court or the Court of Session.
      (2)
The High Court or Court of Session may inquire into a matter certified to it
under this paragraph; and if, after having heard—
(a)
any witness against or on behalf of the defaulter, and
(b)
any statement in his defence,
15

it is satisfied that the defaulter did, without reasonable excuse, refuse or
otherwise fail to comply with the notice or other requirement, or made the
false statement, that court may punish him as if he had been guilty of
contempt of court.
      (3)
Where the High Court or Court of Session has power under this paragraph
20
to punish a body corporate for contempt of court, it may so punish any
director or other officer of that body (either instead of or as well as punishing
the body).
      (4)
A person who wilfully alters, suppresses or destroys a document that he has
been required to produce under paragraph 8 is guilty of an offence and shall
25
be liable—
(a)
on summary conviction, to a fine not exceeding the statutory
maximum;
(b)
on conviction on indictment, to imprisonment for a term not
exceeding two years or to a fine, or to both.
30
Appeal rules
12    (1)
The Commission may make rules regulating the conduct and disposal of
appeals under section 169.
      (2)
Those rules may include provision supplementing the provisions of this
Schedule in relation to any application, notice, hearing or requirement for
35
which this Schedule provides; and that provision may, in particular, impose
time limits or other restrictions on—
(a)
the taking of evidence at an oral hearing; or
(b)
the making of representations or observations at such a hearing.
      (3)
The Commission must publish rules made under this paragraph in such
40
manner as it considers appropriate for the purpose of bringing them to the
attention of those likely to be affected by them.
      (4)
Before making rules under this paragraph, the Commission must consult
such persons as it considers appropriate.
      (5)
Rules under this paragraph may make different provision for different cases.
45

Energy Bill [HL]
Schedule 22 — Procedure for appeals under section 169
271

Costs
13    (1)
A group that determines an appeal must make an order requiring the
payment to the Commission of the costs incurred by the Commission in
connection with the appeal.
      (2)
Where the appeal is allowed, the order must require those costs to be paid
5
by GEMA.
      (3)
Where the appeal is dismissed, the order must require those costs to be paid
by the appellant but, if there is more than one appellant—
(a)
may provide that only such one or more of the appellants as may be
specified in the order is to be liable for the costs; and
10
(b)
may determine the proportions in which the appellants so specified
are to be so liable.
      (4)
In sub-paragraph (3) references to an appellant do not include references to
an intervener.
      (5)
The group that determines an appeal may also make such order as it thinks
15
fit for requiring a party to the appeal to make payments to another in respect
of costs incurred by that other party in connection with the appeal.
      (6)
A person who is required by an order under this paragraph to pay a sum to
another person must comply with the order before the end of the period of
five days beginning with the day after the making of the order.
20
      (7)
Sums required to be paid by an order under this paragraph but not paid
within the period mentioned in sub-paragraph (6) shall bear interest at such
rate as may be determined in accordance with provision contained in the
order.
The Secretary of State’s power to modify time limits
25
14    (1)
The Secretary of State may by order modify any period specified in this
Schedule as the period within which anything must be done.
      (2)
An order under this paragraph is subject to the negative resolution
procedure.
Interpretation of Schedule
30
15    (1)
In this Schedule—
“appeal” means an appeal under section 169;
“appeal rules” means rules under paragraph 12;
“authorised member of the Commission”, in relation to a power
exercisable in the case of an appeal or an application for permission
35
to bring an appeal, means—
(a)
the Chairman;
(b)
a member of the Commission authorised by the Chairman
to exercise that power; or
(c)
the chairman of the group which has, or (if permission is
40
granted) will have, the function of determining the appeal;
“the Chairman” means the Chairman of the Commission;
“the Commission” means the Competition Commission;
“a group” means a group selected in accordance with paragraph 5;

Energy Bill [HL]
Schedule 23 — Repeals
Part 1 — Repealed Provisions
272

“intervener” means a person who has become a party to an appeal in
pursuance of a direction under paragraph 2;
“statement of truth” means a statement that the person producing the
document believes the facts stated in the document to be true;
“working day” means any day other than—
5
(a)
Saturday or Sunday;
(b)
Christmas Day or Good Friday;
(c)
a day which is a bank holiday in England and Wales or
Scotland under the Banking and Financial Dealings Act
1971 (c. 80).
10
      (2)
References in this Schedule to a party to an appeal are references to—
(a)
the appellant;
(b)
an intervener; or
(c)
GEMA.
Schedule 23
15
Section 193

Repeals
Part 1
Repealed Provisions

Short title and chapter
Extent of repeal

Atomic Energy Authority Act
Section 2(2)(d).

20

1954 (c. 32)
Section 9(8).

In Schedule 1, paragraph 4.

In Schedule 3, the paragraphs relating to section

3 of the Special Constables Act 1923, section 2

of the Metropolitan Police Act 1860 and

25

section 6 of the Public Stores Act 1875.

Pipe-lines Act 1962 (c. 58)
In section 9(7), the words “and section 10B”.

In section 9A(7), the words “and section 10B”.

Section 10B.

In section 10C—

30

(a)
in subsection (1), the words “to which

this section applies (a ‘relevant gas pipe-

line’)”; and

(b)
in subsections (2) to (11), the word

“relevant” wherever occurring.

35

In section 66(1), the definition of

“interconnector”.

Continental Shelf Act 1964
In section 8(1), the words “high voltage”.

(c. 29)

Energy Bill [HL]
Schedule 23 — Repeals
Part 1 — Repealed Provisions
273

Short title and chapter
Extent of repeal

Nuclear Installations Act 1965
Section 27(2), (3) and (6).

(c. 57)
In Schedule 1—

(a)
paragraph 4(1) and (3);

(b)
in paragraph 7, sub-paragraph (b) and

5

the word “and” immediately preceding

it.

Atomic Energy Authority Act
In section 4—

1971 (c. 11)
(a)
subsections (1) and (3); and

(b)
in subsection (4) the words “subsection

10

(1) or” and “the Nuclear Fuels Company,

or between the Authority and”.

Section 11(1) to (3).

Section 19.

Section 20(4).

15

Atomic Energy Authority
Section 1.

(Special Constables) Act 1976
Section 2.

(c. 23)
Section 4.

Nuclear Industry (Finance) Act
In section 1(1), the words “or the Radiochemical

1977 (c. 7)
Centre Limited (‘T.R.C.L.’)” and “concerned”.

20

In section 2(1), paragraph (b) and the word

“and” immediately preceding it.

Atomic Energy (Miscellaneous
Section 1(6).

Provisions) Act 1981 (c. 48)

Police and Criminal Evidence
Section 6(3) and (4).

25

Act 1984 (c. 60)
In section 23, the word “and” at the end of the

definition of “premises”.

Gas Act 1986 (c. 44)
In section 7(1), paragraph (c) and the word “or”

immediately preceding it.

Ministry of Defence Police Act
In section 2(5), the definition of “United

30

1987 (c. 4)
Kingdom Atomic Energy Authority

Constabulary”.

In section 2A(4), the definition of “United

Kingdom Atomic Energy Authority

Constabulary” and the word “and”

35

immediately preceding it.

In section 2B(3), the definition of “United

Kingdom Atomic Energy Authority

Constabulary”.

Section 7(3) and (4)(a).

40

Energy Bill [HL]
Schedule 23 — Repeals
Part 1 — Repealed Provisions
274

Short title and chapter
Extent of repeal

Electricity Act 1989 (c. 29)
In section 4(1)(b), the word “or” at the end.

In section 6—

(a)
in subsection (1)(c), the word “or” at the

end; and

5

(b)
in subsection (9), the definition of

“authorised area”.

In section 11A(10), in paragraph (b) of the

definition of “relevant licence holder”, the

words “(by virtue of anything done under

10

section 33(2) of the Utilities Act 2000)”.

In section 64(1), the definition of “authorised

area”.

Atomic Energy Authority Act
Sections 1 to 10.

1995 (c. 37)
Sections 12 and 13.

15

Schedules 1 to 4.

Petroleum Act 1998 (c. 17)
Sections 17A and 17B.

In section 17H—

(a)
in subsection (1) the words “17B(6) and”;

and

20

(b)
in subsection (4), the words “17B(1) and

(3)”.

In section 27(1A), the words “of downstream

gas pipelines and”.

In section 28(1), the definition of “downstream

25

gas pipeline”.

Terrorism Act 2000 (c. 11)
In section 44(4C), the word “or” at the end of

paragraph (a).

Utilities Act 2000 (c. 27)
Section 28(3)(b).

In section 33(1), the words “transmission

30

licences,”.

Section 53(5).

In Schedule 6, paragraph 31(2)(a).

Criminal Justice and Police Act
Section 88(7)(c).

2001 (c. 16)

35

Anti-terrorism, Crime and
Section 76.

Security Act 2001 (c. 24)
Section 78(2).

In section 98(6), paragraph (b) and the word

“and” immediately preceding it.

In section 100(4), the definition of “United

40

Kingdom Atomic Energy Authority

Constabulary” and the word “and”

immediately preceding it.

In Schedule 7, paragraph 26.

Police Reform Act 2002 (c. 30)
In section 82(5), the definition of “the United

45

Kingdom Atomic Energy Authority

Constabulary”.

Energy Bill [HL]
Schedule 23 — Repeals
Part 2 — Savings etc.
275

Part 2
Savings etc.
1
The repeal by this Act of section 19 of the Atomic Energy Authority Act 1971
(c. 11) does not affect so much of any designation under that section as
identifies a person for the purposes of obligations imposed by regulations
5
made under section 77 of the Anti-terrorism, Crime and Security Act 2001.
2
The repeal by this Act of a provision of the Atomic Energy Authority Act
1995 (c. 37) does not affect that provisions so far as it has effect in relation
to—
(a)
a transfer scheme under that Act that was made before the coming
10
into force of the repeal; or
(b)
a company that is a successor company by reference to such a
scheme.
3
The repeal by this Act of section 76 of the Anti-terrorism, Crime and Security
Act 2001 does not affect the construction of any subordinate legislation
15
which defines expressions by reference to definitions contained in that
section.