PART 2 Amendment of primary legislation

15
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 IP 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 IP completion day as if it were a final decision under Article 3 made immediately before IP completion day.
Words in reg. 15(6) substituted (15.9.2020) by The Electricity and Gas etc. (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1016), regs. 1(2), 3(4)
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.
Reg. 15 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)