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

16.  For Article 30 (derogations and exemptions) substitute—

“Article 30A Derogations and exemptions: Great Britain

This Regulation, except for Article 19(4), does not apply to any of the infrastructure referred to in paragraph (a), (b) or (c), for so long as the certification or exemption referred to in that paragraph is in force—

(a) an interconnector, the operator of which is certified by the national regulatory authority under section 8F of the Gas Act 1986 on one of the certification grounds in section 8G (7) or (8) of that Act(1);

(b) a storage facility which is exempt under section 19A of the Gas Act 1986(2); or

(c) an LNG facility which is exempt under section 19C of the Gas Act 1986(3).

Article 30B Derogations and exemptions: Northern Ireland

This Regulation, except for Article 19(4), does not apply to any of the infrastructure referred to in paragraph (a), (b), (c) or (d), for so long as the certification or exemption referred to in that paragraph is in force—

(a) an interconnector, the operator of which is certified by the national regulatory authority under Article 8E of the Gas (Northern Ireland) Order 1996 on the certification ground in Article 8F(6) of that Order(4);

(b) a transmission system in relation to which an exemption has been granted under Article 10B(1) of the Gas (Northern Ireland) Order 1996(5);

(c) a storage facility in relation to which an exemption has been granted under Article 39A of the Gas (Northern Ireland) Order 1996(6); or

(d) an LNG facility in relation to which an exemption has been granted under Article 39A of the Gas (Northern Ireland) Order 1996.”.

(1)

Sections 8F and 8G were inserted by S.I. 2011/2704.

(2)

Section 19A was inserted by S.I. 2000/1937 and amended by S.I. 2004/2043 and 2011/2704.

(3)

Section 19C was inserted by S.I. 2000/1937 and amended by S.I. 2004/2043 and 2011/2704.

(4)

Articles 8E and 8F were inserted by S.R. 2011 No. 155.

(5)

Article 10B was inserted by S.R. 2013 No. 92.

(6)

Article 39A was inserted by S.R. 2013 No. 92.