Regulation 28 I1

Section 19D (acquisition of rights to use LNG facilities) is amended as follows.

In subsection (11B), for the words from “, within” to “that paragraph;” substitute “ which applies to the owner; ”.

After subsection (12) insert—

“(13)

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

(a)

it is imposed by or under a provision of an Act, and

(b)

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

(14)

For the purposes of subsection (13), 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.”.