The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019

Electricity Act 1989

52.—(1) Section 10L (continuation or withdrawal of certification) is amended as set out in paragraphs (2) to (9).

(2) In subsection (1)—

(a)for “10I(3) or (5)” substitute “10I(5)”;

(b)for “10I(4) or (6)” substitute “10I(6)”;

(c)in paragraph (a)—

(i)omit “preliminary”;

(ii)for “that the certification should be continued” substitute “to continue the certification”;

(d)in paragraph (b)—

(i)omit “preliminary”;

(ii)for “that the certification should be withdrawn” substitute “to withdraw the certification”.

(3) In subsection (2)—

(a)omit “preliminary”;

(b)for “that the certification should be continued” substitute “to continue the certification”.

(4) In subsection (3)—

(a)in paragraph (a)—

(i)omit “preliminary”;

(ii)for “that the certification should be continued” substitute “to continue the certification”;

(b)in paragraph (b)—

(i)omit “preliminary”;

(ii)for “that the certification should be withdrawn” substitute “to withdraw the certification”.

(5) In subsection (4)—

(a)omit “preliminary”;

(b)for “that the certification should be continued” substitute “to continue the certification”.

(6) In subsection (5)—

(a)omit “preliminary”;

(b)omit paragraph (b) and the “and” before it.

(7) Omit subsections (6) to (9).

(8) After subsection (9) insert—

“(9A) 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) In subsection (10)—

(a)in the words before paragraph (a), for “10E(8)(a) and (b)” substitute “10E(8)(b)”;

(b)in paragraph (a), for “10E(8)(a) and (b)” substitute “10E(8)(b)”.

(10) Where, immediately before exit day, the Gas and Electricity Markets Authority has made a preliminary decision under section 10L of the Electricity Act 1989 on a review under section 10I(5) or (8), but not a final decision under Article 3 of Regulation (EC) No 714/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the network of cross-border exchanges in electricity and repealing Regulation (EC) No 1228/2003, the Authority’s preliminary decision is to be treated on and after exit day as if it were a final decision under Article 3 made immediately before exit day.

(11) If a preliminary decision of the Gas and Electricity Markets Authority is treated as a final decision to continue a certification, or to withdraw a certification, because of paragraph (10), the Authority must publish, in such manner as it considers appropriate, a document setting out that decision and the reasons for it.