Gas Act 1986

Changes over time for: Section 8N

Alternative versions:

Status:

Point in time view as at 31/12/2020.

Changes to legislation:

Gas Act 1986, Section 8N is up to date with all changes known to be in force on or before 13 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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[F18NContinuation or withdrawal of certificationU.K.

(1)Where the Authority reviews under section [F28K(5)] whether the certification basis in respect of a certified person continues to apply, it may, within the 4 months mentioned in section [F38K(6)] [F4or where relevant the 4 months mentioned in section 8K(10),] either—

(a)make a F5... decision [F6to continue the certification] on the certification ground mentioned in section 8K(1); or

(b)make a F7... decision [F8to withdraw the certification].

(2)If the Authority does not make a decision under subsection (1) within those 4 months, it is to be taken as having made a F9... decision at the end of the 4 months [F10to continue the certification] on the certification ground mentioned in section 8K(1).

(3)Where the Authority reviews under section 8K(8) whether the fourth or fifth test under section 8H is now passed, it may, within the 4 months mentioned in section 8K(9) [F11or where relevant the 4 months mentioned in section 8K(10)], either—

(a)make a F12... decision [F13to continue the certification] on the basis that the test is now passed; or

(b)make a F14... decision [F15to withdraw the certification].

(4)If the Authority does not make a decision under subsection (3) within those 4 months, it is to be taken as having made a F16... decision at the end of the 4 months [F17to continue the certification] on the basis that the test is now passed.

(5)As soon as is reasonably practicable after a F18... decision is made (or taken to be made) under this section, the Authority must—

(a)notify the decision to the certified person and the Secretary of State; F19...

F19(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F21(9A)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.]

(10)Section [F228G(9)(b)] applies in relation to a decision mentioned in this section as it applies in relation to a decision mentioned in section 8G(1), but as if—

(a)the references in section [F238G(9)(b)] to the certification of the applicant were references to the continued certification of the person certified; and

(b)the reference in section 8G(9)(b) to a report prepared under section 8E were a reference to a report prepared under section 8M.]

Textual Amendments

F1Ss. 8C-8Q and cross-heading inserted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 4

F2Word in s. 8N(1) substituted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 21(2)(a) (with reg. 21(10)(11)) (as amended by S.I. 2020/1016, regs. 1(2), 3(8)); 2020 c. 1, Sch. 5 para. 1(1)