28.—(1) Section 19D (acquisition of rights to use LNG facilities) is amended as follows.
(2) In subsection (11B), for the words from “, within” to “that paragraph;” substitute “ which applies to the owner; ”.
(3) After subsection (12) insert—
“(13) An obligation is a public service obligation for the purposes of this section if—
(a)it is imposed by or under a provision of an Act, and
(b)the provision is identified in a notice issued by the Secretary of State as a provision imposing, or enabling the imposition of, a public service obligation within the meaning of Article 3(2) of the Gas Directive (as it had effect immediately before [F1IP completion day]).
(14) For the purposes of subsection (13), the reference to Article 3(2) is to be read as if the reference in that provision to natural gas undertakings of the Community were a reference to natural gas undertakings of the United Kingdom.”.
Textual Amendments
F1Words in reg. 28(3) substituted (15.9.2020) by The Electricity and Gas etc. (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1016), regs. 1(2), 3(11)
Commencement Information
I1Reg. 28 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)