Article 10H Designation for the purposes of EU electricity legislationF1
This Article applies for any period during which a person—
holds a transmission licence in relation to which the duty under Article 10B(1) or (2) applies; and
is certified.
If the person is certified on the first or second certification ground in Article 10F, the Department shall designate that person as an electricity transmission system operator for the purposes of F2Article 52(2) of the Directive (designation of transmission system operators).
If the person is certified on the third certification ground in Article 10F, the Department shall designate the independent system operator nominated in the application for certification as an electricity transmission system operator for the purposes of that Article.
As soon as is reasonably practicable after a person is designated by virtue of this Article, the Department must give notice of the designation to—
the person so designated;
the applicant (if different);
the Authority; and
the European Commission.
Where, in the case of a person certified on the first or second certification ground, there is a related transmission licensee, conditions included pursuant to Article 11A(1) in the transmission licences of the certified person and the related transmission licensee may make provision for determining which of them is to act as transmission system operator for the purposes of any provision of the Electricity Regulation and any designation under this Article is without prejudice to any such provision.
Annotations
Textual amendments
- F1
Arts. 10B-10L inserted (15.4.2011) by Gas and Electricity (Internal Markets) Regulations (Northern Ireland) 2011 (S.R. 2011/155), reg. 10
- F2
Words in art. 10H(2) substituted (31.12.2020) by The Electricity (Internal Markets) Regulations (Northern Ireland) 2020 (S.R. 2020/307), regs. 1, 6