Regulation 21 I1

United Kingdom

(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for “that the certification should be withdrawn” substitute “ to withdraw the certification ”.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for “that the certification should be withdrawn” substitute “ to withdraw the certification ”.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 F1IP 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.

Annotations

Textual amendments

F1: Words in reg. 21(10) substituted (15.9.2020) by The Electricity and Gas etc. (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1016), regs. 1(2), 3(8)

Commencement

I1: Reg. 21 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)