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

The Electricity (Northern Ireland) Order 1992

90.—(1) Article 10F (grounds for certification) is amended as follows.

(2) For paragraph (1) substitute—

“(1) This Article applies to a decision under Article 10E as to whether to certify an applicant.”.

(3) In paragraph (2), for “decide that the applicant should be certified, or decide to certify the applicant,” substitute “decide to certify the applicant”.

(4) In paragraph (7), omit “preliminary”.

(5) For paragraph (8), substitute—

“(8) But regardless of whether a certification ground applies under paragraph (2), the Authority must not certify the applicant if a report prepared by the Department under Article 10D states that the certification of the applicant would put at risk the security of electricity supplies in the United Kingdom.”.

(6) At the end add—

“(9) For the purposes of paragraph (4), Article 9(9) of the Directive is to be treated as if the comparison with the provisions of Chapter 5 of the Directive were a comparison with the provisions of Chapter 5 as they applied in relation to a member State immediately before exit day.

(10) The references in paragraph (5) to paragraphs (1) and (2) of Article 13 of the Directive are to be treated as references to those provisions with the following modifications—

(a) any reference to “Member State” (howsoever expressed) in paragraph (1) or (2) is to be read as if it were a reference to “the Authority”;

(b) paragraph (1) of Article 13 is to be read as if “Such designation shall be subject to approval by the Commission” were omitted;

(c) paragraph (2)(b) of Article 13 is to be read as if the reference to Article 12 of the Directive were a reference to Article 12 with the omission of point (h);

(d) paragraph (2)(e) of Article 13 is to be read as if—

(i) the words “Regulation (EC) No. 714/2009” were a reference to the Electricity Regulation, and

(ii) the words from “including” to the end were omitted.”.