The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 No. 530

PART 2 U.K. Amendment of primary legislation

56.—(1) Section 44B (meaning of “Article 37 dispute”) is amended as follows.

(2) In the title, for “ “Article 37” substitute “ “section 44B”.

(3) In subsection (1)—

(a) for “an “Article 37 dispute”” substitute “ a “section 44B dispute” ”;

(b) in paragraph (b), for the words from “under” to “Directive” substitute “ which falls within subsection (2A) ”.

(4) After subsection (2) insert—

“(2A) An obligation of the person complained against falls within this subsection if it is—

(a) an obligation under a relevant condition or relevant requirement in relation to that person imposed before [F1 IP completion day] for the purpose of implementing the Electricity Directive, including such an obligation as modified on or after [F1 IP completion day], or

(b) an obligation under a relevant condition or relevant requirement in relation to that person imposed on or after [F1 IP completion day] which, if it had been imposed immediately before [F1 IP completion day], would have been an obligation imposed for the purpose of implementing the Electricity Directive.”.

Textual Amendments

F1 Words in reg. 56(4) substituted (15.9.2020) by The Electricity and Gas etc. (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1016), regs. 1(2), 3(23)

Commencement Information

I1 Reg. 56 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)