C3C4C5C1C2 Part I ELECTRICITY SUPPLY
Pt. I modified (S.) (30.11.2005) by The Electricity from Non-Fossil Fuel Sources (Scotland) Saving Arrangements Order 2005 (S.S.I. 2005/549), arts. 1(1), 9
Pt. 1 excluded (30.12.2015) by The Port Talbot Steelworks Generating Station Order 2015 (S.I. 2015/1984), arts. 1, 7(2) (with art. 26)
Pt. I (ss. 1-64) applied (1.10.2001) by S.I. 2001/3264, regs. 4(2), 5(2)
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
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make a preliminary decision that the certification should be withdrawn.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make a preliminary decision that the certification should be withdrawn.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.
Pt. I modified (5.10.2004) by Energy Act 2004 (c. 20), ss. 184(12), 185(13), 198(2); S.I. 2004/2575, art. 2(1), Sch. 1