Part 6Governance of gas and electricity industry codes

Licensing and selection of code manager

189Selection on a competitive basis

1

The GEMA may by regulations make provision for a determination by the GEMA on a competitive basis of the person who is to be selected to be the code manager in relation to a designated document.

2

Regulations under this section may make provision about the procedure relating to the making of such a determination, which may include provision—

a

in prescribed cases, for the publication of a proposal to select a code manager in relation to a designated document;

b

for the inclusion in such a proposal of an invitation to apply for selection;

c

imposing conditions in relation to the making of applications (whether in pursuance of a proposal published as mentioned in paragraph (a) or otherwise);

d

restricting the making of applications and imposing requirements as to the period within which they must be made;

e

for regulating the manner in which applications are considered or determined;

f

authorising or requiring the GEMA, when determining whom to select, to have regard to the person’s suitability for being selected.

3

Regulations under this section may make provision by reference to a determination by the GEMA or to the opinion of the GEMA as to any matter.

4

Regulations under this section must make provision so as to ensure that a person (“P”) may not be selected to be the code manager in relation to a designated document unless the GEMA is satisfied that P would not, if selected, have a financial or other interest likely to prejudice the discharge by P of the functions of code manager.

5

The approval of the Secretary of State is required for the making of regulations under this section.

6

In this section, “prescribed” means prescribed by or determined in accordance with regulations made by the GEMA.