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

115.—(1) Article 8K (continuation or withdrawal of certification) is amended as set out in paragraphs (2) to (8).

(2) In paragraph (1)—

(a) omit “preliminary”;

(b) omit “that either”;

(c) in sub-paragraph (a), for “the certification should be continued” substitute “ to continue the certification ”;

(d) for sub-paragraph (b) substitute—

“(b) to withdraw the certification;”.

(3) In paragraph (2), for “that the certification should be continued” substitute “ to continue the certification ”.

(4) Omit paragraphs (3), (4) and (5).

(5) In paragraph (6)—

(a) omit “final”;

(b) after sub-paragraph (b) insert “ and ”;

(c) omit sub-paragraph (d) and the “and” before it.

(6) In paragraph (7), omit “final”.

(7) After paragraph (8) insert—

“(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.”.

(8) In paragraph (9)—

(a) for “Article 8F(8)(a) and (b)” substitute “ Article 8F(8) ”;

(b) for “Article 8F(8)(b)” substitute “ Article 8F(8) ”.

(9) Where immediately before [F1 IP completion day], the Northern Ireland Authority for Utility Regulation has made a preliminary decision under Article 8K of the Gas (Northern Ireland) Order 1996 on a review under Article 8I(2), (4) or (6) but not a final decision under Article 3 of Regulation (EC) No. 715/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the natural gas transmission networks and repealing Regulation (EC) No. 1775/2005, the Authority's preliminary decision is to be treated on and after [F1 IP completion day] as if it were a final decision under Article 3 made immediately before [F1 IP completion day].

(10) If a preliminary decision of the Northern Ireland Authority for Utility Regulation is treated as a final decision to continue a certification, or to withdraw a certification, because of paragraph (9), the Authority must publish, in such manner as it considers appropriate, a document setting out that decision and the reasons for it.

Textual Amendments

F1 Words in reg. 115(9) substituted (15.9.2020) by The Electricity and Gas etc. (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1016), regs. 1(2), 3(36)

Commencement Information

I1 Reg. 115 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)