120.—(1) Article 10B (exemption from requirement for system access) is amended as follows.
(2) In paragraph (7)(b)(ii), for the words from “within” to “that paragraph” substitute “ which apply to the holder ”.
(3) Omit paragraph (9).
(4) After paragraph (10) insert—
“(10A) An obligation is a public service obligation for the purposes of this Article if—
(a)it is imposed by or under a statutory provision, and
(b)the provision is identified in a notice issued by the Department as a provision imposing or enabling the imposition of, a public service obligation within the meaning of Article 3(2) of the Directive (as it had effect immediately before [F1IP completion day]).
(10B) For the purposes of paragraph (10A), the reference to Article 3(2) is to be read as if the reference in that provision to natural gas undertakings of the Community were a reference to natural gas undertakings of the United Kingdom.”.
(5) Omit paragraph (11).
(6) In paragraph (12)(a), for “Article 10A(3) or (10)” substitute “ Article 10A(3) or (17) ”.
Textual Amendments
F1Words in reg. 120(4) substituted (15.9.2020) by The Electricity and Gas etc. (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1016), regs. 1(2), 3(37)
Commencement Information
I1Reg. 120 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)