36 Electricity licence modification references

36  Electricity licence modification references

(1)     Section 12 of the 1989 Act (licence modification references to the Competition Commission) is amended as follows.

(2)     For subsection (1) there is substituted—

“(1)     The Authority may make to the Competition Commission a reference which is so framed as to require the Commission to investigate and report on the questions—

(a)     whether any matters which relate to the carrying on of activities authorised or regulated by a particular licence and which are specified in the reference operate, or may be expected to operate, against the public interest; and

(b)     if

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