Regulation 120 I1

Article 10B (exemption from requirement for system access) is amended as follows.

In paragraph (7)(b)(ii), for the words from “within” to “that paragraph” substitute “ which apply to the holder ”.

Omit paragraph (9).

After paragraph (10) insert—

“(10A)

An obligation is a public service obligation for the purposes of this Article if—

(a)

it is imposed by or under a statutory provision, and

(b)

the provision is identified in a notice issued by the Department as a provision imposing or enabling the imposition of, a public service obligation within the meaning of Article 3(2) of the Directive (as it had effect immediately before F1IP completion day).

(10B)

For the purposes of paragraph (10A), 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.”.

Omit paragraph (11).

In paragraph (12)(a), for “Article 10A(3) or (10)” substitute “ Article 10A(3) or (17) ”.