# The Electricity and Gas etc. (Amendment) (EU Exit) Regulations 2020, Note: Explanatory note


(This note is not part of the Regulations)
These Regulations are made in exercise of the powers in section 8(1) of the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a) to (g) of that Act) arising from the withdrawal of the United Kingdom from the European Union.
These Regulations amend provisions in six statutory instruments made under section 8(1) of that Act (“the principal instruments”) to take account of the United Kingdom leaving the European Union on 31st January 2020. As a consequence, retained EU law will take effect on IP completion day, instead of exit day, and these Regulations amend the principal regulations to reflect this change.
These Regulations also update references to EU legislation which has come into force since the principal instruments were made. 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for access to the network of cross-border exchanges in electricity and repealing Regulation (EC) No 1228/2003, was repealed and recast by Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity (recast), which came into force on 1st January 2020. Regulation (EC) No 713/2009 of the European Parliament and of the Council of 13 July 2009 establishing an Agency for the Cooperation of Energy Regulators was repealed and recast by Regulation (EU) 2019/942 of the European Parliament and of the Council of 5 June 2019 establishing an Agency for the Cooperation of Energy Regulators (recast). The amendments in these Regulations update these references in the principal instruments.
These Regulations also omit provisions in the principal instruments where EU legislation will continue to apply through section 7A of the European Union (Withdrawal) Act 2018 in respect of Article 9 to, and Annex 4 of, the Northern Ireland Protocol annexed to the Withdrawal Agreement.
Regulations 3(14)(a), 3(18)(a), 3(41)(a), 4(4)(b) 6(3)(d) and 6(3)(i) correct errors in the principal regulations.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.

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Source: https://www.legislation.gov.uk/ukdsi/2020/9780348208672/note (the official version)
Page: https://openlegislation.uk/draft-electricity-and-gas-etc-amendment-eu-exit-regulations-2020/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.