110.—(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.
Textual Amendments
F1Words in reg. 110(7) substituted (15.9.2020) by The Electricity and Gas etc. (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1016), regs. 1(2), 3(32)
Commencement Information
I1Reg. 110 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)