Electricity Act 1989

[F110LContinuation or withdrawal of certificationU.K.

(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(b)make a preliminary decision that the certification should be withdrawn.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(b)make a preliminary decision that the certification should be withdrawn.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.]

Textual Amendments