Version Superseded: 31/12/2020
Point in time view as at 28/12/2017. This version of this provision has been superseded.
The Gas (Northern Ireland) Order 1996, Section 8K is up to date with all changes known to be in force on or before 03 March 2025. 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.
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 preliminary decision that either—
(a)the certification should be continued on the certification ground in question; or
(b)the certification should be withdrawn.
(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 that the certification should be continued on the certification ground in question.
(3) As soon as is reasonably practicable after a preliminary decision is made (or taken to be made) under this Article, the Authority must—
(a)notify the European Commission of the decision; and
(b)enclose the information it considers relevant to the decision.
(4) Article 3 of the Gas Regulation sets out an obligation to make a final review decision, together with related processes, time limits, matters to be taken into account and conditions.
(5) Paragraphs (6) to (8) apply in relation to the Authority's final decision under Article 3 of the Gas Regulation whether or not to confirm the certification.
(6) As soon as is reasonably practicable after making the final 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;
(c)the Department; and
(d)the European Commission.
(7) If the final 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.
(9) Article 8F(8)(a) and (b) 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 Article 8F(8)(b) to a report under Article 8D were a reference to a report under Article 8J.]
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.
