PART 2Amendment of primary legislation
I121
1
Section 8N (continuation or withdrawal of certification) is amended as set out in paragraphs (2) to (9).
2
In subsection (1)—
a
for “8K(3) or (5)” substitute “
8K(5)
”
;
b
for “8K(4) or (6)” substitute “
8K(6)
”
;
c
in paragraph (a)—
i
omit “preliminary”;
ii
for “that the certification should be continued” substitute “
to continue the certification
”
;
d
in paragraph (b)—
i
omit “preliminary”;
ii
for “that the certification should be withdrawn” substitute “
to withdraw the certification
”
.
3
In subsection (2)—
a
omit “preliminary”;
b
for “that the certification should be continued” substitute “
to continue the certification
”
.
4
In subsection (3)—
a
in paragraph (a)—
i
omit “preliminary”;
ii
for “that the certification should be continued” substitute “
to continue the certification
”
;
b
in paragraph (b)—
i
omit “preliminary”;
ii
for “that the certification should be withdrawn” substitute “
to withdraw the certification
”
.
5
In subsection (4)—
a
omit “preliminary”;
b
for “that the certification should be continued” substitute “
to continue the certification
”
.
6
In subsection (5)—
a
omit “preliminary”;
b
omit paragraph (b) and the “and” before it.
7
Omit subsections (6) to (9).
8
After subsection (9) insert—
9A
The Authority must publish its decision to continue a certification, or to withdraw a certification, together with the reasons for it, in such manner as it considers appropriate.
9
In subsection (10)—
a
in the words before paragraph (a), for “8G(9)(a) and (b)” substitute “
8G(9)(b)
”
;
b
in paragraph (a), for “8G(9)(a) and (b)” substitute “
8G(9)(b)
”
.
10
Where, immediately before F1IP completion day, the Gas and Electricity Markets Authority has made a preliminary decision under section 8N of the Gas Act 1986 on a review under section 8K(5) or (8), but not a final decision under Article 3 of Regulation (EC) No 715/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the natural gas transmission networks and repealing Regulation (EC) No 1775/2005, the Authority's preliminary decision is to be treated on and after F1IP completion day as if it were a final decision under Article 3 made immediately before F1IP completion day.
11
If a preliminary decision of the Gas and Electricity Markets Authority is treated as a final decision to continue a certification, or to withdraw a certification, because of paragraph (10), the Authority must publish, in such manner as it considers appropriate, a document setting out that decision and the reasons for it.