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Gas Act 1986
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Changes to legislation:
Gas Act 1986, Section 19AA is up to date with all changes known to be in force on or before 26 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 5(e) and word inserted by 2023 c. 52 s. 185(3)
- s. 5(1)(ca) inserted by 2023 c. 52 s. 168(2)(b)
- s. 5(10A) inserted by 2023 c. 52 s. 168(2)(c)
- s. 5(11A)(11B) inserted by 2023 c. 52 s. 185(4)
- s. 7B(5FA) inserted by 2023 c. 52 s. 185(13)
- s. 7AC inserted by 2023 c. 52 s. 185(6)
- s. 8AA(11B) inserted by 2023 c. 52 s. 185(14)
- s. 15A inserted by 1992 c. 43 s. 17
- s. 23D(2)(d) and word inserted by 2013 c. 32 s. 138(4)(c)(iii)
- s. 27(1ZA)(aa) inserted by S.I. 2019/93, Sch. 1 para. 2(2)(b) (as substituted) by S.I. 2019/1245 reg. 17 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- s. 28(8A) inserted by 2023 c. 52 Sch. 14 para. 3(3)
- s. 41E(6)(d) and word inserted by 2013 c. 32 s. 138(4)(f)(ii)
- Sch. 4B para. 9B and cross-heading inserted by 2023 c. 52 Sch. 14 para. 4
[F219AAF1... Revocation of exemptions under section 19AE+W+S
F3(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)The Authority must revoke an exemption given under section 19A in respect of a facility—
(a)if the construction of the facility, or (as the case may be) the making of the modification to which the exemption relates, has not been started within the 2 years beginning with the relevant date; or
(b)if the facility, or (as the case may be) the modification to which the exemption relates, is not operational within the 5 years beginning with the relevant date.
(4)In subsection (3) “relevant date” means—
(a)if [F5before IP completion day] the European Commission notified the Authority that it approved the exemption and terms as copied to it under subsection (1) [F6(as it then had effect)], the date of that notification;
(b)if, [F7before IP completion day and] in accordance with Article 36(9) of the Gas Directive, the European Commission required the Authority to modify the terms, the date of that requirement;
[F8(c)if—
(i)before IP completion day the Authority sent the European Commission a copy of the exemption and terms under subsection (1) (as it then had effect), and
(ii)the European Commission does not act as described in paragraph (a) or (b) before IP completion day,
the date 4 months after the Authority sent the European Commission a copy of the exemption and terms under subsection (1) or IP completion day, whichever is the sooner;]
[F9(d)if the decision to give the exemption was published under section 19A(11) on or after IP completion day, the date on which the decision was published under section 19A(11).]
(5)The Authority may at any other time revoke an exemption given under section 19A, or modify the terms on which such an exemption is given, in respect of a facility—
(a)in accordance with the provisions of the exemption; or
(b)by giving the owner of the facility a notice of revocation at least 4 months before the revocation takes effect.]
Textual Amendments
F1Words in s. 19AA heading omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 25(2); 2020 c. 1, Sch. 5 para. 1(1)
F2S. 19AA inserted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 9
F3S. 19AA(1) omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 25(3); 2020 c. 1, Sch. 5 para. 1(1)
F4S. 19AA(2) omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 25(4); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in s. 19AA(4)(a) inserted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 25(5)(a)(i) (as amended by The Electricity and Gas etc. (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1016), regs. 1(2), 3(9)); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in s. 19AA(4)(a) inserted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 25(5)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F7Words in s. 19AA(4)(b) inserted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 25(5)(b) (as amended by The Electricity and Gas etc. (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1016), regs. 1(2), 3(9)); 2020 c. 1, Sch. 5 para. 1(1)
F8S. 19AA(4)(c) substituted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 25(5)(c) (as amended by The Electricity and Gas etc. (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1016), regs. 1(2), 3(9)); 2020 c. 1, Sch. 5 para. 1(1)
F9S. 19AA(4)(d) inserted (31.12.2020) by The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 25(5)(d) (as amended by The Electricity and Gas etc. (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1016), regs. 1(2), 3(9)); 2020 c. 1, Sch. 5 para. 1(1)
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