Commentary on Sections Part 2: New Regulatory Arrangements, Etc 189. .Section 54: Determination references under section 12 of the WIA.
This section amends section 12 of the WIA. It ensures that the same procedures apply to references to the Competition Commission under section 12 of the WIA (concerning determinations under conditions of appointment) as apply to the Commission in relation to proposals to modify conditions of appointment. It also sets down what the Commission must include in its report following a reference.
190.The section also expands the factors which the Commission may take into account in considering the costs associated with an undertaker’s appeal against a determination made by the Authority on price controls. This measure will, in effect, give the Commission discretion to decide whether to include these costs in its calculations, having regard to the extent to which it is likely to support the undertaker’s claim against the Authority.