The Gas (Northern Ireland) Order 1996
115.—(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;”.
(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.”.
(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.