Change 1 Article Choose an article Title and introductory text 1 Principal objectives and general duties of Secretary of State and economic regulator 2 Prohibition on unlicensed activities 3 Consultation on proposals for additional activities to become licensable 4 Territorial scope of prohibition 5 Exemption from prohibition 6 Revocation or withdrawal of exemption 7 Power to grant licences 8 Power to create licence types 9 Procedure for licence applications 10 Competitive tenders for licences 11 Conditions of licences: general 12 Standard conditions of licences 13 Modification of conditions of licences 14 Modification of conditions under section 13: supplementary 15 Modification by order under other enactments 16 Interim power of Secretary of State to grant licences 17 Termination of licence 18 Transfer of licences 19 Consenting to transfer 20 Appeal to the CMA 21 Procedure on appeal to CMA 22 Determination by CMA of appeal 23 CMA’s powers on allowing appeal 24 Time limits for CMA to determine an appeal 25 Determination of appeal by CMA: supplementary 26 Provision of information to or by the economic regulator 27 Power of Secretary of State to require information 28 Monitoring, information gathering etc 29 Power to require information for purposes of monitoring 30 Duty to carry out impact assessment 31 Reasons for decisions 32 Enforcement of obligations of licence holders 33 Making of false statements etc 34 Liability of officers of entities 35 Criminal proceedings 36 Functions under the Enterprise Act 2002 37 Functions under the Competition Act 1998 38 Sections 36 and 37: supplementary 39 Forward work programmes 40 Information in relation to CCUS strategy and policy statement 41 Annual report on transport and storage licensing functions 42 Transport and storage administration orders 43 Objective of a transport and storage administration 44 Application of certain provisions of the Energy Act 2004 45 Conduct of administration, transfer schemes etc 46 Modification of conditions of licences 47 Modification under the Enterprise Act 2002 48 Power to make further modifications of insolvency legislation 49 Interpretation of Chapter 4 50 Transfer schemes 51 Consultation in relation to transfers 52 Conduct of transfer schemes 53 Cooperation of storage licensing authority with economic regulator 54 Amendments related to Part 1 55 Interpretation of Part 1 56 Chapter 1: interpretation 57 Revenue support contracts 58 Duties of revenue support counterparty 59 Designation of carbon dioxide transport and storage counterparty 60 Direction to offer to contract with licence holder 61 Designation of hydrogen transport counterparty 62 Direction to offer to contract with eligible hydrogen transport provider 63 Designation of hydrogen storage counterparty 64 Direction to offer to contract with eligible hydrogen storage provider 65 Designation of hydrogen production counterparty 66 Direction to offer to contract with eligible low carbon hydrogen producer 67 Designation of carbon capture counterparty 68 Direction to offer to contract with eligible carbon capture entity 69 Appointment of hydrogen levy administrator 70 Obligations of relevant market participants 71 Payments to relevant market participants 72 Functions of hydrogen levy administrator 73 Power to appoint allocation bodies 74 Standard terms of revenue support contracts 75 Allocation notifications 76 Allocation of contracts 77 Duty to offer to contract following allocation 78 Modification of standard terms 79 Sections 75 to 78: supplementary 80 Licence conditions regarding functions of certain allocation bodies 81 Further provision about designations 82 Application of sums held by a revenue support counterparty 83 Information and advice 84 Enforcement 85 Consultation 86 Transfer schemes 87 Modification of transfer schemes 88 Shadow directors, etc 89 Modifications of licences etc for purposes related to levy obligations 90 Electricity system operator and gas system planner licences: modifications 91 Sections 89 and 90: supplementary 92 Financing of costs of decommissioning etc 93 Section 92: supplementary 94 Regulations under section 92(1): procedure with devolved authorities 95 Provisions relating to Part 4 of the Petroleum Act 1998 96 Change of use relief: installations 97 Change of use relief: carbon storage network pipelines 98 Change of use relief: supplementary 99 Designation of strategy and policy statement 100 Duties with regard to considerations in the statement 101 Review 102 Procedural requirements 103 Specified provisions in carbon dioxide storage licences 104 Content of storage permits under carbon dioxide storage licences 105 Offences relating to carbon dioxide storage licences 106 Power of OGA to require information about change in control of licence holder 107 Chapter 5: key definitions 108 Retention of information and samples 109 Preparation and agreement of information and samples plans 110 Information and samples plans: supplementary 111 Information and samples coordinators 112 Power of OGA to require information and samples 113 Prohibition on disclosure of information or samples by OGA 114 Power of Secretary of State to require information and samples 115 Power of OGA to give sanction notices 116 Enforcement notices 117 Financial penalty notices 118 Revocation notices 119 Operator removal notices 120 Duty of OGA to give sanction warning notices 121 Publication of details of sanctions 122 Subsequent sanction notices 123 Withdrawal of sanction notices 124 Sanctions: information powers 125 Appeals 126 Procedure for enforcement decisions 127 Interpretation of Chapter 5 128 Access to infrastructure 129 Financial assistance 130 Key definitions for Part 3 131 Designation 132 Designation: procedure 133 Revocation of designation 134 Grant, extension or restriction of gas transporter licence by Secretary of State 135 Applications for grant etc of gas transporter licence 136 Modification of gas transporter licence by Secretary of State 137 Scope of modification powers under section 136 138 Procedure etc relating to modifications under section 136 139 Information and advice 140 Conditions of gas transporter licences for conveyance of hydrogen 141 Secretary of State directions to the GEMA 142 Repeal of Part 3 143 Low-carbon heat schemes 144 Application of scheme 145 Setting of targets etc 146 Further provision about scheme regulations 147 Administration of scheme 148 Enforcement, penalties and offences 149 Application of sums paid by virtue of section 146(4) or 148(3) 150 Appeals 151 Scheme regulations: procedure etc 152 Interpretation of Chapter 1 153 Modifications of the gas code 154 Regulations for protection of consumers 155 Power to modify Gas Act 1986 in relation to hydrogen 156 Fusion energy facilities: nuclear site licence not required 157 Treatment of recycled carbon fuel and nuclear-derived fuel as renewable transport fuel 158 Revenue certainty scheme for sustainable aviation fuel producers: consultation and report 159 Renewable liquid heating fuel obligations 160 Climate Change Act 2008: meaning of “UK removals” 161 The Independent System Operator and Planner (“the ISOP”) 162 Designation etc 163 Duty to promote particular objectives 164 Duty to have regard to particular matters 165 Duty to have regard to strategy and policy statement 165A Functions relating to network connections: duty to have regard to designated plans 166 Licensing of electricity system operator activity 167 Direction for transmission licence to have effect as electricity system operator licence 168 Licensing of gas system planning activity 169 Modification of licences etc 170 Procedure relating to modifications under section 169 171 Provision of advice, analysis or information 172 Power to require information from regulated persons etc 173 Duty to keep developments in energy sector under review 174 Transfers 175 Pension arrangements 176 Financial assistance for the ISOP 177 Cross-sectoral funding 178 Principal objective and general duties of Secretary of State and GEMA under Part 5 179 Minor and consequential amendments 180 Interpretation of Part 5 181 Regulations under Part 5 182 Designation of codes etc 183 Meaning of “code manager” and “code manager licence” 184 Designation of central systems 185 Licence under Gas Act 1986 for performance of code management function 186 Licence under Electricity Act 1989 for performance of code management function 187 Selection of code manager 188 Selection on a non-competitive basis 189 Selection on a competitive basis 190 Strategic direction statement 191 Transfer of functions under section 190 to Independent System Operator and Planner 192 Modification of designated documents by GEMA 193 Modification under section 192 194 Directions relating to designated central systems 195 Directions under section 194 196 Principal objective and general duties of Secretary of State and GEMA under Part 6 197 GEMA’s annual report to cover matters relating to designated documents 198 Regulations under Part 6 199 Interpretation of Part 6 200 Transitional provision and pension arrangements 201 Minor and consequential amendments 202 Principal objectives of Secretary of State and GEMA 203 Competitive tenders for electricity projects 204 Mergers of energy network enterprises 209 Power to make consequential etc provision 211 Electricity support payments for energy-intensive industries 212 Levy to fund electricity support payments 213 Electricity storage 214 Payment as alternative to complying with certain energy company obligations 215 Smart meters: extension of time for exercise of powers 216 Relevant heat network 217 The Regulator 218 Alternative dispute resolution for consumer disputes 219 Heat networks regulations 220 Regulations made by Secretary of State: consultation with devolved authorities 221 Heat networks regulations: other provision about procedure 222 Recovery of costs by GEMA and NIAUR 223 Heat networks: licensing authority in Scotland 224 Heat networks: enforcement in Scotland 225 Interpretation of Chapter 1 226 Regulations about heat network zones 227 Heat Network Zones Authority 228 Zone coordinators 229 Identification, designation and review of zones 230 Zoning methodology 231 Requests for information in connection with section 229 or 230 232 Heat networks within zones 233 Delivery of district heat networks within zones 234 Enforcement of heat network zone requirements 235 Penalties 236 Records, information and reporting 237 Interpretation of Chapter 2 238 Energy smart appliances and load control 239 Energy smart regulations 240 Prohibitions and requirements: supplemental 241 Enforcement 242 Sanctions, offences and recovery of costs 243 Appeals against enforcement action 244 Regulations: procedure and supplemental 245 Power to amend licence conditions etc: load control 246 Power to amend licence conditions etc: procedure 247 Load control: supplemental 248 Application of general duties to functions relating to load control 249 Licensing of activities relating to load control 250 Power to make energy performance regulations 251 Energy performance regulations relating to new premises 252 Sanctions 253 Regulations under Part 10 254 Energy savings opportunity schemes 255 Application of energy savings opportunity schemes 256 Requirement for assessment of energy consumption 257 Assessors 258 ESOS action plans 259 Action to achieve energy savings or emissions reductions 260 Scheme administration 261 Enforcement, penalties and offences 262 Appeals 263 ESOS regulations: procedure etc 264 Directions to scheme administrators 265 Financial assistance to scheme administrators and participants 266 Interpretation of Part 11 267 General objective 268 “Core fuel sector activity” and other key concepts 269 Directions to particular core fuel sector participants 270 Procedure for giving directions 271 Offence of failure to comply with a direction 272 Corresponding powers to make regulations 273 Power to require information 274 Duty to report incidents 275 Contravention of requirement under section 273 or 274 276 Provision of information at specified intervals 277 Disclosure of information held by the Secretary of State 278 Disclosure of information by HMRC 279 Appeal against notice or direction 280 False statements etc 281 Offences under regulations 282 Proceedings for offences 283 Liability of officers of entities 284 Enforcement undertakings 285 Guidance: criminal and civil sanctions 286 Guidance: Parliamentary scrutiny 287 Financial assistance for resilience and continuity purposes 288 Power to amend thresholds 289 Interpretation of Part 12 290 Meaning of “relevant offshore wind activity” 291 Strategic compensation for adverse environmental effects 292 Marine recovery fund 293 Assessment of environmental effects etc 294 Regulations under section 293: consultation and procedure 295 Interpretation of Chapter 1 296 Arrangements for responding to marine oil pollution 297 Habitats: reducing effects of offshore oil or gas activities etc 298 Regulations under sections 296 and 297: procedure with devolved authorities 299 Charges in connection with abandonment of offshore installations 300 Model clauses of petroleum licences 301 Power of OGA to require information about change in control of licensee 302 Application to the territorial sea of requirement for nuclear site licence 304 Excluded disposal sites 305 Accession to Convention on Supplementary Compensation for Nuclear Damage 306 Power to implement Convention on Supplementary Compensation for Nuclear Damage 307 Provision of additional police services 308 Provision of assistance to other forces 309 Cross-border enforcement powers 310 Publication of three-year strategy plan 311 Civil nuclear industry: amendment of relevant nuclear pension schemes 312 Meaning of “relevant nuclear pension scheme” 313 Information 314 Further definitions 315 Application of relevant pensions legislation 316 Procedure for regulations under Chapter 3 317 Great British Nuclear 318 Crown status 319 Great British Nuclear’s objects 320 Financial assistance 321 Secretary of State directions and guidance 322 Annual report 323 Annual accounts 324 Transfer schemes 325 Transfer schemes: compensation 326 Transfer schemes: taxation 327 Transfer schemes: provision of information or assistance 328 Reimbursement and compensation in connection with designation 329 Pension arrangements in connection with Great British Nuclear 330 Power to make consequential provision 331 Regulations 332 General definitions 333 Extent 334 Commencement 335 Short title Schedule 1 Interim power of Secretary of State to grant licences Schedule 2 Procedure for appeals under section 20 Schedule 3 Enforcement of obligations of licence holders Schedule 4 Transfer schemes Schedule 5 Amendments related to Part 1 Schedule 6 Carbon dioxide storage licences: licence provisions Schedule 7 Permitted disclosures of material obtained by OGA Schedule 8 Carbon storage information and samples: appeals Schedule 9 Independent System Operator and Planner: transfers Schedule 10 Independent System Operator and Planner: pensions Schedule 11 Minor and consequential amendments relating to Part 5 Schedule 12 Governance of gas and electricity industry codes: transitional provision Schedule 13 Governance of gas and electricity industry codes: pensions Schedule 14 Minor and consequential amendments relating to Part 6 Schedule 15 Competitive tenders for electricity projects Schedule 16 Mergers of energy network enterprises Schedule 18 Heat networks regulation Schedule 19 Licensing of activities relating to load control Schedule 20 Enforcement undertakings Schedule 21 Petroleum licences: amendments to model clauses Schedule 22 Accession to Convention on Supplementary Compensation for Nuclear Damage
What to do with it
As published
38 Sections 36 and 37: supplementary
(1) Before the CMA or the economic regulator first exercises in relation to any matter functions which are exercisable concurrently by virtue of section 36(1) or 37(1), it must consult the other.
(2) Neither the CMA nor the economic regulator is to exercise in relation to any matter functions which are exercisable concurrently by virtue of section 36(1) or 37(1) if functions which are so exercisable have been exercised in relation to that matter by the other.
(3) If any question arises as to whether section 36(1) or 37(1) applies to any particular case, that question is to be referred to and determined by the Secretary of State, and no objection may be taken to anything done under—
(a) Part 4 of the Enterprise Act 2002, or
(b) Part 1 of the Competition Act 1998 (other than sections 31D(1) to (6), 38(1) to (6), 40B(1) to (4) and 51),
by or in relation to the economic regulator on the ground that it should have been done by or in relation to the CMA.
(4) In sections 36 and 37 “relevant storage and transport activities” means—
(a) activities such as are mentioned in section 2(2), and
(b) activities ancillary to such activities.
Your wording
Your change, as a redline
38 Sections 36 and 37: supplementary
(1) Before the CMA or the economic regulator first exercises in relation to any matter functions which are exercisable concurrently by virtue of section 36(1) or 37(1), it must consult the other.
(2) Neither the CMA nor the economic regulator is to exercise in relation to any matter functions which are exercisable concurrently by virtue of section 36(1) or 37(1) if functions which are so exercisable have been exercised in relation to that matter by the other.
(3) If any question arises as to whether section 36(1) or 37(1) applies to any particular case, that question is to be referred to and determined by the Secretary of State, and no objection may be taken to anything done under—
(a) Part 4 of the Enterprise Act 2002, or
(b) Part 1 of the Competition Act 1998 (other than sections 31D(1) to (6), 38(1) to (6), 40B(1) to (4) and 51),
by or in relation to the economic regulator on the ground that it should have been done by or in relation to the CMA.
(4) In sections 36 and 37 “relevant storage and transport activities” means—
(a) activities such as are mentioned in section 2(2), and
(b) activities ancillary to such activities.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.