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PART VIIIN.I.MISCELLANEOUS AND SUPPLEMENTARY

MiscellaneousN.I.

Reasons for decisionsN.I.

62.—(1) This Article applies to the following decisions of the Authority, the Department or the Secretary of State, namely—

(a)the revocation of an electricity licence or a gas licence;

(b)the modification of the conditions of an electricity licence or a gas licence;

(c)the giving of any directions or consent in pursuance of a condition included in a licence by virtue of—

(i)Article 11(3)(a) or (b) of the Electricity Order; or

(ii)Article 10(3)(a) or (b) of the Gas Order;

(d)the determination of a question referred in pursuance of a condition included in a licence by virtue of —

(i)Article 11(3)(c) of the Electricity Order; or

(ii)Article 10(3)(c) of the Gas Order;

(e)the determination of a dispute referred under Article 26(1) of the Electricity Order;

(f)the making of a final order (within the meaning of Part VI), the making or confirmation of a provisional order (within the meaning of that Part) or the revocation of a final order or of a provisional order which has been confirmed.

[F1(g)any other decision of the Authority when carrying out its functions as designated regulatory authority for Northern Ireland [F2or designated regulatory gas functions].]

(2) As soon as reasonably practicable after making such a decision the Authority, the Department or the Secretary of State shall publish a notice stating the reasons for the decision in such manner as it or he considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be interested.

[F3(2A) In meeting its duty under paragraph (2) the Authority must, in the case of a decision relating to transmission and distribution tariffs as referred to in Article 60(3) of the Electricity Directive include in the notice of reasons the information required by Article 59(9) of that Directive while preserving the confidentiality of commercially sensitive information.]

(3) The Authority shall send a copy of a notice published in respect of a decision mentioned in sub-paragraph (a), (b), (c), (d) or (f) [F4or (g)] of paragraph (1) to the licence holder to whose licence, or to whom, the decision relates.

(4) In preparing a notice under paragraph (2) the Authority, the Department or the Secretary of State shall have regard to the need for excluding, so far as that is practicable, any matter which relates to the affairs of a particular individual or body of persons (corporate or unincorporate), where it or he considers that publication of that matter would or might seriously and prejudicially affect the interests of that individual or body.

(5) This Article does not apply to a decision resulting in any provision which the Department has directed the Authority not to enter in a register under—

(a)Article 52(4) of the Electricity Order; or

(b)Article 29(4) of the Gas Order.

F2Words in art. 62(1)(g) inserted (31.12.2020) by S.I. 2019/530, reg. 144 (as substituted by The Electricity and Gas etc. (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1016), regs. 1(2), 3(54))