Regulation 69 I1

Section 105A (restrictions on disclosure in respect of cross-border exchanges of information) is amended as follows.

In subsection (1)—

After subsection (1) insert—

“(1A)

This section also applies to any information provided to the Authority on or after F1IP completion day—

(a)

for the purpose of enabling it to carry out its designated regulatory functions; and

(b)

by an authority designated in accordance with Article 35 of the Electricity Directive or Article 39 of the Gas Directive.

(1B)

This section also applies to any information provided to the Authority before IP completion day—

(a)

for the purpose of enabling it to carry out its functions as an authority designated in accordance with Article 35 of the Electricity Directive or Article 39 of the Gas Directive; and

(b)

by—

(i)

the Northern Ireland Authority for Utility Regulation, or

(ii)

an authority in another member State which is designated in accordance with Article 35 of the Electricity Directive or Article 39 of the Gas Directive,

in accordance with Article 38(1) of the Electricity Directive or Article 42(1) of the Gas Directive.”.

In subsection (2)(a), for “the originating authority”, in the first place it occurs, substitute “ the authority that provided the information to the Authority (“the originating authority”) ”.

In subsection (3), for “Subsection (1)” substitute “ Subsection (1), (1A) or (1B) ”.