The Electricity and Gas (Internal Markets and Network Codes) (Amendment etc.) (EU Exit) Regulations 2020

2.—(1) Article 2 (definitions) is amended as follows.

(2) In the first unnumbered paragraph—

(a) after “of the Council” insert “(other than the definition of ‘transmission system operator’)”;

(b) for “Regulation (EC) No 714/2009” substitute “Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity (recast) (other than the definition of ‘transmission system operator’ or ‘TSO’)”;

(c) omit “Article 2 of Commission Regulation (EU) 2015/1222”;

(d) after “Directive 2009/72/EC” insert “(other than the definitions of ‘distributed generation’, ‘renewable energy sources’ and ‘transmission system operator’)”.

(3) In the second unnumbered paragraph—

(a) in point (1) (definition of “entity”)—

(i) omit “national” (in the first place it occurs);

(ii) for “national law” substitute “an enactment”;

(b) in point (2) (definition of “synchronous area”) omit the words from “, such as” to the end;

(c) in point (46) (definition of “authorised certifier”), for the words from “the national affiliate” to the end substitute “the United Kingdom Accreditation Service or such other body as may be established from time to time to carry out the function of accreditation”;

(d) in point (47) (definition of “equipment certificate”)—

(i) in the second sentence, omit the words from “at a national” to “European level”;

(ii) before the final sentence insert—

“Where a range of permitted values for equipment is specified in this Regulation or another enactment, the equipment certificate must state a specific value within that range for that equipment.”;

(e) after point (65) insert—

“(66) “Great Britain” includes the areas which form part of the jurisdiction of Great Britain(1).

(67) “industry code” means a document maintained under a licence, or an agreement related to such a document which forms part of the same regulatory framework.

(68) “licence” means a licence granted under section 6 of the Electricity Act 1989(2).

(69) “transmission system operator” or “TSO” means—

(a) in relation to Great Britain, a person who is designated as an electricity transmission system operator under section 10H of the Electricity Act 1989(3);

(b) in relation to an area other than Great Britain, a person who is responsible for operating, ensuring the maintenance of and, if necessary, developing the transmission system in that area and, where applicable, its interconnections with other systems, and for ensuring the long-term ability of the system to meet reasonable demands for the transmission of electricity.”.

(1)

“the jurisdiction of Great Britain” is defined in article 2 of Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity (recast).

(2)

1989 c.29. Section 6 was substituted by the Utilities Act 2000 (c. 27), section 30.

(3)

Section 10H was inserted by S.I. 2011/2704. Section 10H was amended by S.I. 2019/530.