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

29.  For Article 60 substitute—

“Article 60 Amendments of network codes or guidelines

1.   In this Article—

“Regulation (EC) No 714/2009” means Regulation (EC) No 714/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the network for cross-border exchanges in electricity and repealing Regulation (EC) No 1228/2003;

“electricity network code or guideline” means—

(a) a network code adopted by the Commission under—

(i) Article 6 of Regulation (EC) No 714/2009 before 1 January 2020; or

(ii) Article 59 of this Regulation before IP completion day,

as those codes have effect in domestic law;

(b) guidelines adopted by the Commission under—

(i) Article 18 of Regulation (EC) No 714/2009 before 1 January 2020;

(ii) Article 61 of this Regulation before IP completion day,

as those guidelines have effect in domestic law.

2.   The Secretary of State may, by regulations, amend an electricity network code or guideline.

3.   The power in paragraph 2 includes power to—

(a) insert into the electricity network code or guideline new provision about the same subject-matter as, or subject-matter related to, an existing provision of the electricity network code or guideline; or

(b) revoke the electricity network code or guideline or any provision of it, either with or without making replacement provision.

4.   Regulations under paragraph 2 must be consistent with the objectives of contributing to non-discrimination, effective competition and the efficient functioning of the electricity market.

5.   Regulations under paragraph 2 may—

(a) include supplementary, incidental, consequential, transitional, transitory or saving provision; and

(b) make different provision for different cases.

6.   The power to make regulations conferred on the Secretary of State by paragraph 2 is exercisable by statutory instrument.

7.   Before the Secretary of State makes regulations under paragraph 2, the Secretary of State must consult—

(a) the regulatory authority;

(b) persons who are certified, within the meaning of section 10O of the Electricity Act 1989(1); and

(c) such other persons as the Secretary of State considers appropriate.

8.   A statutory instrument containing regulations under this Article may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”.

(1)

1989 c. 29. Section 10O was inserted by S.I. 2011/2704. Section 10O was amended by S.I. 2017/493 and S.I. 2019/530.