PART 2Amendment of primary legislation
I115
1
Section 8F (certification) is amended as set out in paragraphs (2) to (5).
2
In subsection (1)—
a
omit “preliminary”;
b
for “it should” substitute “
to
”
.
3
In subsection (4)—
a
omit “preliminary”;
b
after paragraph (a) insert “
and
”
;
c
omit paragraph (c) and the “and” before it.
4
Omit subsections (5) to (8).
5
After subsection (8) insert—
9
The Authority must publish its decision to certify or to refuse to certify the applicant, together with the reasons for it, in such manner as it considers appropriate.
6
Where, immediately before F1IP completion day, the Gas and Electricity Markets Authority has made a preliminary decision under section 8F of the Gas Act 1986 on an application for certification, but not a final decision under Article 3 of Regulation (EC) No 715/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the natural gas transmission networks and repealing Regulation (EC) No 1775/2005, the Authority's preliminary decision is to be treated on and after F1IP completion day as if it were a final decision under Article 3 made immediately before F1IP completion day.
7
If a preliminary decision of the Gas and Electricity Markets Authority is treated as a final decision to certify, or to refuse to certify, an applicant because of paragraph (6), the Authority must publish, in such manner as it considers appropriate, a document setting out that decision and the reasons for it.