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22. For paragraph 5 substitute—
5.—(1) The Electricity (Northern Ireland) Order 1992(1) is amended as follows.
(2) In Article 18(2)(2)—
(a)omit the “or” at the end of sub-paragraph (a);
(b)after sub-paragraph (a) insert—
“(aa)an order under section 84C of that Act made in relation to a retained EU merger commitment if one or more persons who gave the commitment was engaged in the carrying on of activities authorised or regulated by a licence at the time the commitment was given; or”.
(3) In Article 46(3)(3)—
(a)at the end of sub-paragraph (a), insert “or”;
(b)omit sub-paragraphs (c) and (d).”.
Article 18 was amended by paragraph 9 of Schedule 9 to the Enterprise Act 2002 and paragraph 156 of Schedule 6 to the Enterprise and Regulatory Reform Act 2013; there are other amendments to article 18 but none is relevant to these Regulations.
Relevant amending instruments are S.I. 2004/1261, 2014/892, S.R. 2011 No. 155, and paragraph 53 of Schedule 15 to the Enterprise and Regulatory Reform Act 2013.
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