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Electricity Act 1989
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Changes over time for: Section 11F
Version Superseded: 01/04/2014
Alternative versions:
- 10/11/2011- Amendment
- 21/03/2012
Point in time - 01/04/2014- Amendment
- 01/06/2022- Amendment
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Electricity Act 1989, Section 11F is up to date with all changes known to be in force on or before 02 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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[F111FCommission’s powers on allowing appealU.K.
(1)This section applies where the Commission allows an appeal to any extent.
(2)If the appeal is in relation to a price control decision, the Commission must do one or more of the following—
(a)quash the decision (to the extent that the appeal is allowed);
(b)remit the matter back to the Authority for reconsideration and determination in accordance with any directions given by the Commission;
(c)substitute the Commission’s decision for that of the Authority (to the extent that the appeal is allowed) and give any directions to the Authority or any other party to the appeal.
(3)If the appeal is in relation to any other decision, the Commission must do one or both of the following—
(a)quash the decision (to the extent that the appeal is allowed);
(b)remit the matter back to the Authority for reconsideration and determination in accordance with any directions given by the Commission.
(4)A direction under subsection (2) or (3) must not require a person to do anything that the person would not have power to do (apart from the direction).
(5)A person to whom a direction is given under that subsection must comply with it.
(6)A direction given under that subsection to a person other than the Authority is enforceable as if it were an order of the High Court or (in Scotland) an order of the Court of Session.
(7)For the purposes of this section a decision is a price control decision, in relation to the modification of a condition of a licence, if the purpose of the condition is, in the Commission’s opinion, to limit or control the charges on, or the revenue of, the holder of the licence.
(8)In determining for the purposes of subsection (7) what the purpose of a condition is the condition may be assessed on its own or in combination with any other conditions of the licence.
(9)In this section and sections 11G and 11H any reference to a party to an appeal is to be read in accordance with Schedule 5A.]
Textual Amendments
F1Ss. 11C-11H and cross-heading inserted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 43(8) (with reg. 44)
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