C3C4C5C1C2 Part I ELECTRICITY SUPPLY

Annotations:
Modifications etc. (not altering text)
C1

Pt. I (ss. 1-64) applied (1.10.2001) by S.I. 2001/3264, regs. 4(2), 5(2)

C2

Pt. I (ss. 1-64) amended (E.W.) (27.10.2000) by S.I. 2000/2727, art. 10

Pt. I (ss. 1-64) amended (7.11.2000) by 2000 c. 27, s. 105(1)(a); S.I. 2000/2974, art. 2, Sch. (subject to transitional provisions in arts. 3-12)

Pt. I (ss. 1-64) amended (E.W.) (1.10.2001) by S.I. 2000/2727, art. 10 (as substituted (1.10.2001) by S.I. 2001/3268, art. 2(13))

F1Electricity transmission and the operation of electricity interconnectors: independence

Annotations:
Amendments (Textual)
F1

Ss. 10A-10O and cross-heading inserted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 5

10LContinuation or withdrawal of certification

1

Where the Authority reviews under section 10I(3) or (5) whether the certification basis in respect of a certified person continues to apply, it may, within the 4 months mentioned in section 10I(4) or (6) F2or where relevant the 4 months mentioned in section 10I(10), either—

a

make a preliminary decision that the certification should be continued on the certification ground mentioned in section 10I(1); or

b

make a preliminary decision that the certification should be withdrawn.

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 preliminary decision at the end of the 4 months that the certification should be continued on the certification ground mentioned in section 10I(1).

3

Where the Authority reviews under section 10I(8) whether the fourth or fifth test under section 10F is now passed, it may, within the 4 months mentioned in section 10I(9) F3or where relevant the 4 months mentioned in section 10I(10), either—

a

make a preliminary decision that the certification should be continued on the basis that the test is now passed; or

b

make a preliminary decision that the certification should be withdrawn.

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 preliminary decision at the end of the 4 months that the certification should be continued on the basis that the test is now passed.

5

As soon as is reasonably practicable after a preliminary 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; and

b

notify the decision to the European Commission, enclosing the information it considers relevant to the decision.

6

Subsections (7) to (9) apply in relation to the Authority’s final decision under Article 3 of the Electricity Regulation whether to confirm the certification.

7

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

the Secretary of State; and

c

the European Commission.

8

If the final decision is to continue the certification the person is to be taken as continuing to be certified by the Authority under section 10D.

9

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

10

Section 10E(8)(a) and (b) applies in relation to a decision mentioned in this section as it applies in relation to a decision mentioned in section 10E(1), but as if—

a

the references in section 10E(8)(a) and (b) to the certification of the applicant were references to the continued certification of the person certified; and

b

the reference in section 10E(8)(b) to a report prepared under section 10C were a reference to a report prepared under section 10K.