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The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019

Type Statutory-Instrument
Publication 2019-03-15
State In force
Department King's Printer of Acts of Parliament
Source legislation.gov.uk
articles 4
Reform history JSON API PDF

Made: 15th March 2019

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 .

In accordance with paragraph 1(3) of Schedule 7 to that Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

PART 1 — Preliminary

Citation, commencement and extent

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PART 2 — Amendment of primary legislation

Energy Act 1976

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The Energy Act 1976 is amended as follows.

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In section 3 (implementation of reserve powers), in subsection (1)(a), omit “the European Union or”.

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In section 18 (administration, enforcement and offences), in subsection (2)—

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Omit Schedule 3 (EU obligations of which breach is punishable under this Act).

Gas Act 1986

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The Gas Act 1986 is amended as follows.

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“the designated regulatory objectives” means the objectives set out in Article 40(c) to (h) of the Gas Directive but read with the following modifications— (a) in Article 40(c), for the words from “between” to the end substitute “ , including enabling the development of appropriate cross-border transmission capacities to meet demand; ”, (b) in Article 40(d), omit “, in line with general energy policy objectives,”, (c) in Article 40(f), omit “and foster market integration”, and (d) in Article 40(g), for “their national market” substitute “ the energy market in Great Britain ”;

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In section 4B (exceptions from sections 4AA to 4A), in subsection (4), after “any”, in the second place it occurs, insert “ retained ”.

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(2) For the purposes of subsection (1), a binding decision does not include a decision that is not, or so much of a decision as is not, retained EU law.

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In section 8D (application for certification), in subsection (3)—

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Notwithstanding the amendments of sections 8D and 8E of the Gas Act 1986 made by regulations 12 and 13, if an application under section 8D is made before IP completion day and the applicant is a person from an EEA state or a person controlled by a person from an EEA state—

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(9) The Authority must publish its decision to certify or to refuse to certify the applicant, together with the reasons for it, in such manner as it considers appropriate.

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requirement— (i) in accordance with Article 36 of the Gas Directive (new infrastructure) before IP completion day and remains entitled to the benefit of it, or (ii) on the basis set out in Article 36(1) to (3) and (6) of the Gas Directive and remains entitled to the benefit of it.

(10) For the purposes of subsection (4), Article 9(9) of the Gas Directive is to be treated as if the comparison with the provisions of Chapter 4 of the Gas Directive were a comparison with the provisions of Chapter 4 as they applied in relation to a member State immediately before IP completion day. (11) The references in subsection (5) to Article 14(1) and (2) of the Gas Directive are to be treated as references to those provisions with the following modifications— (a) Article 14(1) is to be read as if the second and third sentences were omitted; (b) Article 14(2)(b) is to be read as if after “Article 13” there were inserted— as implemented in relation to Great Britain immediately before IP completion day, disregarding for this purpose— (i) paragraph 2, (ii) paragraph 3 so far as relating to Article 41(6)(c), and (iii) paragraph 4 except as it relates to such minimum standards, if any, as apply in Great Britain (c) Article 14(2)(e) is to be read as if— (i) for “Regulation (EC) No 715/2009” there were substituted “ the Gas Regulation ”, and (ii) the words from “including” to the end were omitted.

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(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.

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In section 8Q (interpretation of sections 8C to 8Q), in subsection (1)—

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