18.—(1) In Article 10A(5)(a) delete “to whom Article 26(1) of the Directive applies” and after Article 10A(5) insert—
“(5A) Paragraph (5)(a) does not apply in the case of a licence holder who distributes gas (within the meaning of Article 2(5) of the Directive) through one or more pipeline systems to which there are less than 100,000 premises connected.”.
(2) In Article 10A(5) for the full stop at the end substitute “; and” and insert—
“(c)to which Article 7(4) of the Directive applies, require that person to comply with the requirements of that paragraph.”.
(3) In Article 10A(6)(b)(ii) for “Article 13(4) or 13(5)” substitute “Article 14(4) or 14(5)”.
(4) In Article 10A, after paragraph (9) insert—
“(10) The conditions included in a licence in accordance with paragraph (1) shall, in particular, in the case of a licence under Article 8(1)(d) ensure that the holder does not disclose or abuse information contrary to Article 16 of the Directive and shall require the holder as appropriate having regard to the activities authorised by the licence—
(a)to carry out the tasks laid down for him by Article 13(1) of the Directive;
(b)require the licence holder to keep accounts in accordance with the requirements of Article 31 of the Directive and to have them audited in accordance with those requirements and shall confer on the Department or the Authority a right of access to the licence holder’s accounts for the purposes of ensuring compliance with those requirements; and
(c)to comply with the requirements for system access laid down by Article 32 of the Directive (as read with Article 2 of the Commission Decision).”.