The Electricity and Gas (Powers to Make Subordinate Legislation) (Amendment) (EU Exit) Regulations 2018

Amendment of Article 8 U.K.

18.—(1) Article 8 (data collection) is amended as follows.

(2) In paragraph 1, for “the Agency” substitute “ the national regulatory authority ”.

(3) In paragraph 2—

(a) in the first subparagraph, for “The Commission shall, by means of implementing acts”, substitute “ A national authority may, by regulations ”;

(b) in the second subparagraph—

(i) omit the first sentence; and

(ii) in the second sentence, for “They” substitute “ Regulations under this paragraph ”.

(4) In paragraph 3, in the second subparagraph—

(a) for “the implementing acts referred to in”, substitute “ regulations under ”; and

(b) for “the Agency” substitute “ the national regulatory authority ”.

(5) In paragraph 5, for “the Agency and national regulatory authorities”, substitute “ the national regulatory authority ”.

(6) In paragraph 6—

(a) in the first subparagraph, for “The Commission shall, by means of implementing acts”, substitute “ A national authority may, by regulations ”;

(b) in the second subparagraph—

(i) omit the first sentence; and

[F1 (ii) for the second sentence substitute “Regulations under this paragraph shall take account of existing reporting obligations under the Gas Regulation and Electricity Regulation.”]

(7) After paragraph 6 insert—

“7.   The powers to make regulations under paragraphs 2 and 6 include power to amend or replace any provision of an implementing act which—

(a) was made by the Commission under those paragraphs as they applied before [F2 IP completion day]; and

(b) is retained direct EU legislation.”.

Textual Amendments

F1 Reg. 18(6)(b)(ii) substituted (15.9.2020) by The Electricity and Gas etc. (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1016), regs. 1(2), 2(7)(a)

F2 Words in reg. 18(7) substituted (15.9.2020) by The Electricity and Gas etc. (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1016), regs. 1(2), 2(7)(b)

Commencement Information

I1 Reg. 18 in force at 4.12.2018 for specified purposes and in force on IP completion day otherwise (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)