The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019

The Electricity (Northern Ireland) Order 1992

99.—(1) Article 11B (provision of additional capacity or energy efficiency measures) is amended as follows.

(2) In paragraph (1) for “Article 11A(2)(a)” substitute “Article 11A(1)”.

(3) In paragraph (5)—

(a) for “such procedures as may be” substitute “transparent and non-discriminatory procedures”;

(b) for “requirements of Article 8” substitute “requirements specified in Article 8”;

(c) for “that Article” substitute “those requirements”.

(4) After paragraph (5) add—

“(6) The Department must publish details of any tendering process for the purposes of this Article at least 6 months prior to the date for submission of tenders.

(7) For the purposes of this Article, Article 8 of the Directive is to be read as if—

(a) any reference to Member States were a reference to the Department;

(b) in paragraph (3)—

(i) the first sub-paragraph were omitted;

(ii) after the word “available” there were inserted “in such manner as the Department considers appropriate”;

(iii) the words “established in the territory of a Member State” were omitted;

(c) in paragraph (5), for the words “a regulatory authority referred to in Article 35(1)” there were substituted “the Authority”.”.