OpenLegislation

Article 8H Designation for the purposes of the Gas RegulationF1F7

(1)

This Article applies for any period during which a person—

(a)

holds a licence under Article 8(1)(a); and

(b)

is certified.

(2)

If the person is certified on the first F2... certification ground in Article 8F, the Department shall designate that person as a gas transmission system operator for the purposes of F3the Gas Regulation.

(3)

If the person is certified on the second certification ground in Article 8F, the Department shall designate the independent system operator nominated in the application for certification as a gas transmission system operator for the purposes of F4the Gas Regulation.

(4)

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—

(a)

the person so designated;

(b)

the applicant (if different); F5and

(c)

the Authority; F6...

(d)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

Where, in the case of a person certified on the first certification ground, there is a related conveyance licensee, conditions included pursuant to Article 10A(1) in the licences under Article 8(1)(a) of the certified person and the related conveyance licensee may make provision for determining which of them is to act as transmission system operator for the purposes of any provision of the Gas Regulation and any designation under this Article is without prejudice to any such provision.

Annotations

Textual amendments

F1

Arts. 8B-8L inserted (15.4.2011) by Gas and Electricity (Internal Markets) Regulations (Northern Ireland) 2011 (S.R. 2011/155), reg. 12

F2

Words in art. 8H(2) omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 112(3)(a) (with reg. 112(6)(7)) (as amended by S.I. 2020/1016, regs. 1(2), 3(34)); 2020 c. 1, Sch. 5 para. 1(1)

F3

Words in art. 8H(2) substituted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 112(3)(b) (with reg. 112(6)(7)) (as amended by S.I. 2020/1016, regs. 1(2), 3(34)); 2020 c. 1, Sch. 5 para. 1(1)

F4

Words in art. 8H(3) substituted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 112(4) (with reg. 112(6)(7)) (as amended by S.I. 2020/1016, regs. 1(2), 3(34)); 2020 c. 1, Sch. 5 para. 1(1)

F5

Word in art. 8H(4)(b) inserted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 112(5)(a) (with reg. 112(6)(7)) (as amended by S.I. 2020/1016, regs. 1(2), 3(34)); 2020 c. 1, Sch. 5 para. 1(1)

F6

Art. 8H(4)(d) and word omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 112(5)(b) (with reg. 112(6)(7)) (as amended by S.I. 2020/1016, regs. 1(2), 3(34)); 2020 c. 1, Sch. 5 para. 1(1)

F7

Words in art. 8H heading substituted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 112(2) (with reg. 112(6)(7)) (as amended by S.I. 2020/1016, regs. 1(2), 3(34)); 2020 c. 1, Sch. 5 para. 1(1)