PART 4Amendment of Northern Ireland legislation
I1110
1
Article 8E (certification) is amended as set out in paragraphs (2) to (6).
2
In paragraph (1)—
a
omit “preliminary”;
b
for “it should” substitute “
to
”
.
3
In paragraph (3)—
a
omit “preliminary”;
b
after sub-paragraph (b) insert “
and
”
;
c
omit sub-paragraph (d) and the “and” before it.
4
In paragraph (4), for “(a), (b) or (d)” substitute “
(a) or (b)
”
.
5
Omit paragraphs (5) and (6).
6
After paragraph (6) insert—
7
The Authority must publish its decision to certify or refuse to certify the applicant, together with the reasons for it, in such manner as it considers appropriate.
7
Where, immediately before F1IP completion day, the Northern Ireland Authority for Utility Regulation has made a preliminary decision under Article 8E of the Gas (Northern Ireland) Order 1996 on an application for certification, but not a final decision under Article 3 of Regulation (EC) No. 715/2009 of the European Parliament and of the Council of 13 July 2009 on conditions of access to the natural gas transmission networks and repealing Regulation (EC) No. 1775/2005, the Authority's preliminary decision is to be treated on and after F1IP completion day as if it were a final decision under Article 3 made immediately before F1IP completion day.
8
If a preliminary decision of the Northern Ireland Authority for Utility Regulation is treated as a final decision to certify, or to refuse to certify, an applicant because of paragraph (7), the Authority must publish, in such manner as it considers appropriate, a document setting out that decision and the reasons for it.