- Draft legislation
This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations 2019 No. 531
19.—(1) Article 19 is amended as follows.
(2) In paragraph 1—
(a)for “national authorities”, substitute “the national regulatory authority”;
(b)for “the authorities”, substitute “the national regulatory authority”;
(c)after “operators to”, insert “endeavour to”;
(d)for “adjacent transmission system operators”, substitute “adjacent TSOs”; and
(e)for “their respective national authorities”, substitute “the national regulatory authority”.
(3) In paragraph 2—
(a)for “national authorities agree”, substitute “national regulatory authority considers”;
(b)for “adjacent transmission system operators”, substitute “adjacent TSOs”; and
(c)for “with national authorities”, substitute “with the national regulatory authority”.
(4) In paragraph 3—
(a)in point (e)—
(i)for “the feasible” substitute “any feasible”;
(ii)for “national authorities”, substitute “national regulatory authority”;
(b)in the words after point (e)—
(i)for “Once”, substitute “If”; and
(ii)for “national authorities”, substitute “national regulatory authority”.
(5) In paragraph 4—
(a)for “national authorities do”, substitute “national regulatory authority does”;
(b)after “paragraph 2,”, insert “the concerned transmission system operators shall endeavour to implement”;
(c)after “flow of non-odourised gas”, omit “shall be implemented”; and
(d)for “by the national authorities”, substitute “by the national regulatory authority”.
(6) After paragraph 4, insert—
“5. In performing their functions set out in this Article, the concerned transmission system operators must endeavour to cooperate with the concerned non-UK TSOs.
6. Before determining whether to grant approval under paragraphs (1), (3) or (4) of this Article, the national regulatory authority must endeavour to cooperate with the concerned non-UK regulatory authorities with a view to reaching a joint decision.
7. If both national regulatory authorities are concerned, they must cooperate with each other, and references in paragraphs 1, 2, 3, 4 and 6 to “the national regulatory authority” are to be read as references to “the national regulatory authorities”.”.
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