9.—(1) For Article 39(2A) and (2B) there shall be substituted the following paragraphs—
“(2A) The Department shall only grant a consent under paragraph (1) in relation to the construction or extension of a generating station where it is satisfied that the station to which the consent relates will meet the published criteria.
(2B) Where the Department refuses to grant to any person a consent under paragraph (1), it shall by notice in writing—
(a)inform him of the fact;
(b)give him the reasons for that refusal; and
(c)inform him of his right to challenge the refusal.”.
(2) For Article 39(9) there shall be substituted the following paragraph—
“(9) In this Article, “published criteria” means the criteria determined by the Department from time to time in accordance with and for the purposes of Article 6(2) of the Directive and published by it.”.