Section 105A Restrictions on disclosure in respect of cross-border exchanges of informationF1
This section also applies to any information provided to the Authority on or after IP completion day—
for the purpose of enabling it to carry out its designated regulatory functions; and
by an authority designated in accordance with Article 35 of the Electricity Directive or Article 39 of the Gas Directive.
This section also applies to any information provided to the Authority before IP completion day—
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
by—
the Northern Ireland Authority for Utility Regulation, or
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.
The Authority may disclose information to which this section applies only if—
F5the authority that provided the information to the Authority (“the originating authority”) has confirmed in writing that the originating authority would be permitted to disclose the information in the circumstances in question; and
the Authority would be permitted under section 105 to disclose the information if it was received under or by virtue of an enactment listed in subsection (1) of that section.
F6Subsection (1), (1A) or (1B) applies whether the information is provided directly or indirectly by the originating authority.
Annotations
Textual amendments
- F1
S. 105A inserted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 36(3)
- F2
Words in s. 105A(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), 69(2)(a); 2020 c. 1, Sch. 5 para. 1(1)
- F3
Words in s. 105A(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), 69(2)(b); 2020 c. 1, Sch. 5 para. 1(1)
- F4
S. 105A(1A)(1B) inserted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 69(3) (as amended by S.I. 2020/1016, regs. 1(2), 3(26)); 2020 c. 1, Sch. 5 para. 1(1)
- F5
Words in s. 105A(2)(a) substituted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 69(4); 2020 c. 1, Sch. 5 para. 1(1)
- F6
Words in s. 105A(3) substituted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 69(5); 2020 c. 1, Sch. 5 para. 1(1)