Explanatory note

These Regulations implement Article 23(5) of Directive 2003/54/EC of the European Parliament and of the Council concerning common rules for the internal market in electricity and Article 25(5) of Directive 2003/55/EC of the European Parliament and of the Council concerning common rules for the internal market in natural gas.

The regulations also amend sections 19A and 19C of the Gas Act 1986 and section 17C of the Petroleum Act 1998. Those sections provide for exemption from the third party access requirements set out in sections 19B and 19D of the Gas Act 1986 and section 17D of the Petroleum Act 1998. Prior to this amendment the Gas and Electricity Markets Authority (“the Authority”) had, in all cases, the ability to revoke an exemption on 4 months notice for any reason. The effect of the amendments is to no longer permit this whilst retaining the Authority’s power to include specific provision for revocation in an exemption.