Part 1: Licensing of Carbon Dioxide Transport and Storage Chapter 2: Functions with respect to competition Section 38: Sections 36 and 37: supplementary
Section 38 provides for the economic regulator and CMA to consult each other prior to exercising those functions under the Enterprise Act 2002 and Competition Act 1998 which are held concurrently in respect of the economic regulation of CO2 transport and storage activities. It provides that neither entity may exercise functions under those Acts if such functions have already been exercised in relation to that matter by the other. It provides for the Secretary of State to make a determination in the event of a question arising as to whether the economic regulator has concurrent powers in relation to a particular case.