PART IIELECTRICITY SUPPLY
Licensing of supply, etc.
F1Electricity transmission: requirement for participants to be certified as independent10B
1
A person who participates in the transmission of electricity within the meaning of sub-paragraph (b) or both sub-paragraphs (a) and (b) of Article 8(4) and who holds a transmission licence immediately before the coming into operation of the 2011 Regulations must, on and after the relevant date, ensure that he is certified at all times when he acts under the authority of that licence.
2
Any person who intends to participate in the transmission of electricity within the meaning of Article 8(4)(b) and who is granted a transmission licence after the coming into operation of the 2011 Regulations must ensure that he is certified at all times when he acts under the authority of the licence.
3
In paragraph (1) the “relevant date” in respect of a person is 3rd March 2012 or any later date before 4th March 2013 which the Authority specifies under paragraph (4) or (5) in respect of that person.
4
The Authority may specify a later date in respect of a person if—
a
the person has asked the Authority to specify a later date;
b
the person is not, and is not part of, a vertically integrated undertaking; and
c
no senior officer of the person is also a senior officer of a relevant producer or supplier.
5
The Authority may also specify a later date in respect of a person if the Authority decides that, for reasons beyond its and the person's control, the Authority will not reasonably be able to make a final decision before 3rd March 2012 as to whether or not to certify the person.