The Gas (Northern Ireland) Order 1996

Changes over time for: Section 8K

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Changes to legislation:

The Gas (Northern Ireland) Order 1996, Section 8K is up to date with all changes known to be in force on or before 02 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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Changes and effects yet to be applied to Article 8K:

Instrument am. (pt.prosp.) by 1998 c. 41 s.66(5) Sch.10 Pt.III para.8
Instrument amended by 1998 c. 41 s.66(5) Sch.10 Pt.V para.18
Instrument rev. in pt. (prosp.) by 1998 c. 41 ss.66(5),74(3), Sch.10, Pt.V, para.18, Sch.14, Pt.II

Changes and effects yet to be applied to the whole Order associated Parts and Chapters:

Whole provisions yet to be inserted into this Order (including any effects on those provisions):

art. 18(1A)(aa) inserted by S.I. 2019/93, Sch. 1 para. 7(2)(b) (as substituted) by S.I. 2019/1245 reg. 24 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
art. 23(10) inserted by 2024 c. 13 Sch. 29 para. 5

[F1Continuation or withdrawal of certificationN.I.

8K.—(1) Where the Authority reviews under Article 8I whether the grounds for the certification of a person apply or continue to apply, it may, within the review period, make a F2... decision F3...—

(a)[F4to continue the certification] on the certification ground in question; or

[F5(b)to withdraw the certification;]

(2) If the Authority does not make a decision under paragraph (1) within the review period, it is to be taken as having decided at the end of the review period [F6to continue the certification] on the certification ground in question.

F7(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) As soon as is reasonably practicable after making the F10... decision, the Authority must notify the decision and the reasons for it to—

(a)the person in relation to whom the review was carried out;

(b)any related conveyance licensee; [F11and]

(c)the Department; F12...

F12(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) If the F13... decision is to continue the certification the person in question is to be taken as continuing to be certified by the Authority.

(8) Otherwise, the person is to be taken as no longer certified.

[F14(8A) 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.]

(9) [F15Article 8F(8)] applies in relation to a decision mentioned in this Article as it applies in relation to a decision mentioned in Article 8F(1), but as if the reference in [F16Article 8F(8)] to a report under Article 8D were a reference to a report under Article 8J.]

F1Arts. 8B-8L inserted (15.4.2011) by Gas and Electricity (Internal Markets) Regulations (Northern Ireland) 2011 (S.R. 2011/155), reg. 12

F2Word in art. 8K(1) omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 115(2)(a) (with reg. 115(9)(10)) (as amended by S.I. 2020/1016, regs. 1(2), 3(36)); 2020 c. 1, Sch. 5 para. 1(1)