PART 2Amendment of primary legislation
Electricity Act 198952
1
Section 10L (continuation or withdrawal of certification) is amended as set out in paragraphs (2) to (9).
2
In subsection (1)—
a
for “10I(3) or (5)” substitute “10I(5)”;
b
for “10I(4) or (6)” substitute “10I(6)”;
c
in paragraph (a)—
i
omit “preliminary”;
ii
for “that the certification should be continued” substitute “to continue the certification”;
d
in paragraph (b)—
i
omit “preliminary”;
ii
for “that the certification should be withdrawn” substitute “to withdraw the certification”.
3
In subsection (2)—
a
omit “preliminary”;
b
for “that the certification should be continued” substitute “to continue the certification”.
4
In subsection (3)—
a
in paragraph (a)—
i
omit “preliminary”;
ii
for “that the certification should be continued” substitute “to continue the certification”;
b
in paragraph (b)—
i
omit “preliminary”;
ii
for “that the certification should be withdrawn” substitute “to withdraw the certification”.
5
In subsection (4)—
a
omit “preliminary”;
b
for “that the certification should be continued” substitute “to continue the certification”.
6
In subsection (5)—
a
omit “preliminary”;
b
omit paragraph (b) and the “and” before it.
7
Omit subsections (6) to (9).
8
After subsection (9) insert—
9A
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.
9
In subsection (10)—
a
in the words before paragraph (a), for “10E(8)(a) and (b)” substitute “10E(8)(b)”;
b
in paragraph (a), for “10E(8)(a) and (b)” substitute “10E(8)(b)”.
10
Where, immediately before exit day, the Gas and Electricity Markets Authority has made a preliminary decision under section 10L of the Electricity Act 1989 on a review under section 10I(5) or (8), but not a final decision under Article 3 of Regulation (EC) No 714/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the network of cross-border exchanges in electricity and repealing Regulation (EC) No 1228/2003, 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.
11
If a preliminary decision of the Gas and Electricity Markets Authority is treated as a final decision to continue a certification, or to withdraw a certification, because of paragraph (10), the Authority must publish, in such manner as it considers appropriate, a document setting out that decision and the reasons for it.