# The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019, Regulation 21

Extent: E+W+S+N.I.

(1) Section 8N (continuation or withdrawal of certification) is amended as set out in paragraphs (2) to (9).
(2) In subsection (1)—
(a) for “8K(3) or (5)” substitute “ 8K(5) ”;
(b) for “8K(4) or (6)” substitute “ 8K(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(ii) for “that the certification should be withdrawn” substitute “ to withdraw the certification ”.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(ii) for “that the certification should be withdrawn” substitute “ to withdraw the certification ”.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 “8G(9)(a) and (b)” substitute “ 8G(9)(b) ”;
(b) in paragraph (a), for “8G(9)(a) and (b)” substitute “ 8G(9)(b) ”.
(10) Where, immediately before IP completion day, the Gas and Electricity Markets Authority has made a preliminary decision under section 8N of the Gas Act 1986 on a review under section 8K(5) or (8), 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.
(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.

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Source: https://www.legislation.gov.uk/uksi/2019/530/regulation/21 (the official version)
Page: https://openlegislation.uk/electricity-and-gas-etc-amendment-etc-eu-exit-regulations-2019/regulation-21
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.