Regulation 115 I1

United Kingdom

(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 F1IP completion 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 IP completion day as if it were a final decision under Article 3 made immediately before IP completion 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.

Annotations

Textual amendments

F1: Words in reg. 115(9) substituted (15.9.2020) by The Electricity and Gas etc. (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1016), regs. 1(2), 3(36)

Commencement

I1: Reg. 115 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)