Article 8K Continuation or withdrawal of certificationF1

(1)

Where the Authority reviews under Article 8I whether the grounds for the certification of a person apply or continue to apply, it may, within the review period, make a F2... decision F3...—

(a)

F4to continue the certification on the certification ground in question; or

(F5b)

to withdraw the certification;

(2)

If the Authority does not make a decision under paragraph (1) within the review period, it is to be taken as having decided at the end of the review period F6to continue the certification on the certification ground in question.

F7(3)

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

F8(4)

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

F9(5)

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

(6)

As soon as is reasonably practicable after making the F10... decision, the Authority must notify the decision and the reasons for it to—

(a)

the person in relation to whom the review was carried out;

(b)

any related conveyance licensee; F11and

(c)

the Department; F12...

(d)

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

(7)

If the F13... decision is to continue the certification the person in question is to be taken as continuing to be certified by the Authority.

(8)

Otherwise, the person is to be taken as no longer certified.

(F148A)

The Authority must publish its decision to continue a certification, or to withdraw a certification, together with the reasons for it, in such manner as it considers appropriate.

(9)

F15Article 8F(8) applies in relation to a decision mentioned in this Article as it applies in relation to a decision mentioned in Article 8F(1), but as if the reference in F16Article 8F(8) to a report under Article 8D were a reference to a report under Article 8J.

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: Word in art. 8K(1) 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), 115(2)(a) (with reg. 115(9)(10)) (as amended by S.I. 2020/1016, regs. 1(2), 3(36)); 2020 c. 1, Sch. 5 para. 1(1)
F3: Words in art. 8K(1) 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), 115(2)(b) (with reg. 115(9)(10)) (as amended by S.I. 2020/1016, regs. 1(2), 3(36)); 2020 c. 1, Sch. 5 para. 1(1)
F4: Words in art. 8K(1)(a) substituted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 115(2)(c) (with reg. 115(9)(10)) (as amended by S.I. 2020/1016, regs. 1(2), 3(36)); 2020 c. 1, Sch. 5 para. 1(1)
F5: Art. 8K(1)(b) substituted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 115(2)(d) (with reg. 115(9)(10)) (as amended by S.I. 2020/1016, regs. 1(2), 3(36)); 2020 c. 1, Sch. 5 para. 1(1)
F6: Words in art. 8K(2) substituted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 115(3) (with reg. 115(9)(10)) (as amended by S.I. 2020/1016, regs. 1(2), 3(36)); 2020 c. 1, Sch. 5 para. 1(1)
F7: Art. 8K(3) 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), 115(4) (with reg. 115(9)(10)) (as amended by S.I. 2020/1016, regs. 1(2), 3(36)); 2020 c. 1, Sch. 5 para. 1(1)
F8: Art. 8K(4) 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), 115(4) (with reg. 115(9)(10)) (as amended by S.I. 2020/1016, regs. 1(2), 3(36)); 2020 c. 1, Sch. 5 para. 1(1)
F9: Art. 8K(5) 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), 115(4) (with reg. 115(9)(10)) (as amended by S.I. 2020/1016, regs. 1(2), 3(36)); 2020 c. 1, Sch. 5 para. 1(1)
F10: Word in art. 8K(6) 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), 115(5)(a) (with reg. 115(9)(10)) (as amended by S.I. 2020/1016, regs. 1(2), 3(36)); 2020 c. 1, Sch. 5 para. 1(1)
F11: Word in art. 8K(6)(b) inserted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 115(5)(b) (with reg. 115(9)(10)) (as amended by S.I. 2020/1016, regs. 1(2), 3(36)); 2020 c. 1, Sch. 5 para. 1(1)
F12: Art. 8K(6)(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), 115(5)(c) (with reg. 115(9)(10)) (as amended by S.I. 2020/1016, regs. 1(2), 3(36)); 2020 c. 1, Sch. 5 para. 1(1)
F13: Word in art. 8K(7) 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), 115(6) (with reg. 115(9)(10)) (as amended by S.I. 2020/1016, regs. 1(2), 3(36)); 2020 c. 1, Sch. 5 para. 1(1)
F14: Art. 8K(8A) inserted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 115(7) (with reg. 115(9)(10)) (as amended by S.I. 2020/1016, regs. 1(2), 3(36)); 2020 c. 1, Sch. 5 para. 1(1)
F15: Words in art. 8K(9) substituted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 115(8)(a) (with reg. 115(9)(10)) (as amended by S.I. 2020/1016, regs. 1(2), 3(36)); 2020 c. 1, Sch. 5 para. 1(1)
F16: Words in art. 8K(9) substituted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 115(8)(b) (with reg. 115(9)(10)) (as amended by S.I. 2020/1016, regs. 1(2), 3(36)); 2020 c. 1, Sch. 5 para. 1(1)