Gas Act 1986

Changes over time for: Section 8N

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Point in time view as at 26/10/2023.

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[F18NContinuation or withdrawal of certificationU.K.

(1)Where the Authority reviews under section [F28K(5)] whether the certification basis in respect of a certified person continues to apply, it may, within the 4 months mentioned in section [F38K(6)] [F4or where relevant the 4 months mentioned in section 8K(10),] either—

(a)make a F5... decision [F6to continue the certification] on the certification ground mentioned in section 8K(1); or

(b)make a F7... decision [F8to withdraw the certification].

(2)If the Authority does not make a decision under subsection (1) within those 4 months, it is to be taken as having made a F9... decision at the end of the 4 months [F10to continue the certification] on the certification ground mentioned in section 8K(1).

(3)Where the Authority reviews under section 8K(8) whether the fourth or fifth test under section 8H is now passed, it may, within the 4 months mentioned in section 8K(9) [F11or where relevant the 4 months mentioned in section 8K(10)], either—

(a)make a F12... decision [F13to continue the certification] on the basis that the test is now passed; or

(b)make a F14... decision [F15to withdraw the certification].

(4)If the Authority does not make a decision under subsection (3) within those 4 months, it is to be taken as having made a F16... decision at the end of the 4 months [F17to continue the certification] on the basis that the test is now passed.

(5)As soon as is reasonably practicable after a F18... decision is made (or taken to be made) under this section, the Authority must—

(a)notify the decision to the certified person and the Secretary of State; F19...

F19(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F21(9A)The Authority must publish its decision to continue a certification, or to withdraw a certification, together with the reasons for it, in such manner as it considers appropriate.]

(10)Section [F228G(9)(b)] applies in relation to a decision mentioned in this section as it applies in relation to a decision mentioned in section 8G(1), but as if—

(a)the references in section [F238G(9)(b)] to the certification of the applicant were references to the continued certification of the person certified; and

(b)the reference in section 8G(9)(b) to a report prepared under section 8E were a reference to a report prepared under section 8M.]

Textual Amendments

F1Ss. 8C-8Q and cross-heading inserted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 4

F2Word in s. 8N(1) substituted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 21(2)(a) (with reg. 21(10)(11)) (as amended by S.I. 2020/1016, regs. 1(2), 3(8)); 2020 c. 1, Sch. 5 para. 1(1)