Part 1: Licensing of Carbon Dioxide Transport and Storage Chapter 2: Functions with respect to competition Section 36: Functions under the Enterprise Act 2002
Section 36 provides for the economic regulator for carbon dioxide transport and storage to exercise certain functions under the Enterprise Act 2002 concurrently with the CMA. This covers those functions under Part 4 of the Enterprise Act 2002, other than certain powers which rest only with the CMA, i.e., s166 (duty on the CMA to compile a register), 171 (duty on CMA to publish information and guidance relating to the exercise of their functions) and 174E (power for CMA to publish a statement on penalties), insofar as those 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 transportation and storage of carbon dioxide i.e., those activities which are ordinarily prohibited without a licence under Part 1 of the Act, and any ancillary activities.
	This section sets out how relevant provisions within Part 4 Enterprise Act 2002 should be read to give effect to this. It also requires the economic regulator to provide certain information to a CMA group for the purpose of assisting a market investigation reference.