PART 4 Amendment of Northern Ireland legislation

115 The Gas (Northern Ireland) Order 1996
1 Article 8K (continuation or withdrawal of certification) is amended as set out in paragraphs (2) to (8).
2 In paragraph (1)—
(a) omit “preliminary”;
(b) omit “that either”;
(c) in sub-paragraph (a), for “the certification should be continued” substitute “to continue the certification”;
(d) for sub-paragraph (b) substitute—

“(b) to withdraw the certification;”

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3 In paragraph (2), for “that the certification should be continued” substitute “to continue the certification”.
4 Omit paragraphs (3), (4) and (5).
5 In paragraph (6)—
(a) omit “final”;
(b) after sub-paragraph (b) insert “and”;
(c) omit sub-paragraph (d) and the “and” before it.
6 In paragraph (7), omit “final”.
7 After paragraph (8) insert—

“8A The Authority must publish its decision to continue a certification, or to withdraw a certification, together with the reasons for it, in such manner as it considers appropriate.”

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8 In paragraph (9)—
(a) for “Article 8F(8)(a) and (b)” substitute “Article 8F(8)”;
(b) for “Article 8F(8)(b)” substitute “Article 8F(8)”.
9 Where immediately before exit day, the Northern Ireland Authority for Utility Regulation has made a preliminary decision under Article 8K of the Gas (Northern Ireland) Order 1996 on a review under Article 8I(2), (4) or (6) 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 for 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 exit day as if it were a final decision under Article 3 made immediately before exit day.
10 If a preliminary decision of the Northern Ireland Authority for Utility Regulation is treated as a final decision to continue a certification, or to withdraw a certification, because of paragraph (9), the Authority must publish, in such manner as it considers appropriate, a document setting out that decision and the reasons for it.