Gas transmission and the operation of gas interconnectors: independence
2. (1) The Gas Act 1986 is amended as follows.
1986 c. 44. Sections 8C to 8Q and Schedule 2AA were inserted by S.I. 2011/2704. Other amendments have been made to the 1986 Act that are not relevant to these Regulations.
(2) In section 8H(1) (the ownership unbundling requirement) for the words “the Authority thinks that each of the following five tests is passed” substitute—

“in relation to each of the five tests below—
(a) the Authority thinks that it is passed, or
(b) it is treated as passed by virtue of subsection (7), (9) or (9A).”.

(3) After section 8H(9) insert—

“(9A) The Authority may treat one or more of the five tests in this section as passed if—
(a) the test or tests are not passed in relation to a relevant producer or supplier,
(b) the applicant has demonstrated to the Authority’s satisfaction that the applicant does not have a relationship with the relevant producer or supplier which might lead the applicant to discriminate in favour of the relevant producer or supplier, and
(c) the Authority thinks it appropriate to treat the test or tests as passed.”.

(4) After section 8K(9) (monitoring and review of certification) insert—

“(10) If, before any of the deadlines mentioned in subsection (4), (6) or (9) (or before such deadline as previously extended under this subsection), the Authority asks the certified person or a relevant producer or supplier for information under section 8L(2) or (3), the relevant deadline is the end of the 4 months beginning with the day on which the last of that information is received.”.

(5) In section 8N(1) (continuation or withdrawal of certification) after “mentioned in section 8K(4) or (6)” insert “or where relevant the 4 months mentioned in section 8K(10),”.
(6) In section 8N(3) after “mentioned in section 8K(9)” insert “or where relevant the 4 months mentioned in section 8K(10)”.