The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019
| Year | 2019 |
2019 No. 530
Exiting The European Union
Energy
The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019
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 20181.
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
1.—(1) These Regulations may be cited as the Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 and come into force on exit day.
(2) An amendment, repeal or revocation made by Part 2, 3, or 4 of these Regulations has the same extent as the provision being amended, repealed or revoked.
PART 2
Amendment of primary legislation
The Energy Act 1976 is amended as follows.
2. The Energy Act 19762is amended as follows.
3. In section 3 (implementation of reserve powers), in subsection (1)(a), omit “the European Union or”.
4. In section 18 (administration, enforcement and offences), in subsection (2)—
(a) omit paragraph (c) and the “or” following it;
(b) omit paragraph (d)(i) and the “or” following it.
5.—(1) Schedule 2 (administration and other matters) is amended as follows.
(2) In paragraph 1 (power to obtain information), in sub-paragraph (2), omit “the European Union or”.
(3) In paragraph 7 (non-disclosure of information), in paragraph (c), omit “to any institution of the European Union, or”.
6. Omit Schedule 3 (EU obligations of which breach is punishable under this Act).
The Gas Act 1986 is amended as follows.
7. The Gas Act 19863is amended as follows.
8.—(1) Section 4AA (the principal objective and general duties of the Secretary of State and the Gas and Electricity Markets Authority) is amended as follows.
(2) In subsection (1A)(c)—
(a)
(a) for “functions as designated regulatory authority for Great Britain” substitute “designated regulatory functions”;
(b)
(b) for the words from “objectives” to “Directive” substitute “designated regulatory objectives”.
(3) In subsection (5B), at the appropriate place insert—
““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”;”.
9. In section 4B (exceptions from sections 4AA to 4A), in subsection (4), after “any”, in the second place it occurs, insert “retained”.
10.—(1) Section 4C (duty of the Gas and Electricity Markets Authority as regards binding decisions of the Agency or European Commission) is amended as follows.
(2) Renumber the existing section as subsection (1).
(3) After subsection (1) insert—
“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.”.
11.—(1) Section 4D (Gas and Electricity Markets Authority to consult and cooperate with other authorities) is amended as follows.
(2) In subsection (1)—
(a)
(a) for “functions as designated regulatory authority for Great Britain” substitute “designated regulatory functions”;
(b)
(b) in paragraph (a), for the words from “Agency” to “States” substitute “Northern Ireland Authority”;
(c)
(c) in paragraph (b)—
(i) for the words from “Agency and” to “States” substitute “Northern Ireland Authority”;
(ii) for “they” substitute “it”;
(iii) for the words from “their” to “to gas” substitute “its designated regulatory functions”.
(3) In subsection (2)—
(a)
(a) for the words from “designated” to “Britain” substitute “Northern Ireland Authority”;
(b)
(b) omit “, within that region,”;
(c)
(c) omit paragraph (a);
(d)
(d) in paragraph (d)—
(i) for “cross-border trade in gas” substitute “trade in gas between Great Britain and Northern Ireland”;
(ii) for “cross-border capacity” substitute “capacity between Great Britain and Northern Ireland”;
(e)
(e) omit paragraph (f) (but not the “and” following it).
(4) In subsection (3)—
(a)
(a) omit the definition of “network code”;
(b)
(b) omit the definition of “region” and the “and” following it.
12. In section 8D (application for certification), in subsection (3)—
(a) omit “on or after 3 March 2013”;
(b) for “third country”, in both places, substitute “country outside the United Kingdom”;
(c) in paragraph (a), omit “and the European Commission”;
(d) in paragraph (b)—
(i) omit “to the Secretary of State”;
(ii) omit “or any other EEA state”.
13.—(1) Section 8E (report where applicant connected with a country outside the European Economic Area) is amended as follows.
(2) In the heading, for “European Economic Area” substitute “United Kingdom”.
(3) In subsection (1), for “third country”, in both places, substitute “country outside the United Kingdom”.
(4) In subsection (2), omit “or any other EEA state”.
(5) In subsection (5)(b), omit “third”.
14. 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 exit day and the applicant is a person from an EEA state or a person controlled by a person from an EEA state—
(a) the Gas and Electricity Markets Authority is not required to notify the Secretary of State of the application under section 8D(3), and
(b) the Secretary of State is not required to prepare a report under section 8E in relation to the application.
15.—(1) Section 8F (certification) is amended as set out in paragraphs (2) to (5).
(2) In subsection (1)—
(a)
(a) omit “preliminary”;
(b)
(b) for “it should” substitute “to”.
(3) In subsection (4)—
(a)
(a) omit “preliminary”;
(b)
(b) after paragraph (a) insert “and”;
(c)
(c) omit paragraph (c) and the “and” before it.
(4) Omit subsections (5) to (8).
(5) After subsection (8) insert—
“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.”.
(6) Where, immediately before exit day, the Gas and Electricity Markets Authority has made a preliminary decision under section 8F of the Gas Act 1986 on an application for certification, but not a final decision under Article 3 of Regulation (EC) No 715/2009of 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 exit day as if it were a final decision under Article 3 made immediately before exit day.
(7) If a preliminary decision of the Gas and Electricity Markets Authority is treated as a final decision to certify, or to refuse to certify, an applicant because of paragraph (6), the Authority must publish, in such manner as it considers appropriate, a document setting out that decision and the reasons for it.
16.—(1) Section 8G (grounds for certification) is amended as follows.
(2) In subsection (1)—
(a)
(a) in paragraph (a)—
(i) omit “preliminary”;
(ii) for “an applicant should be certified” substitute “to certify an applicant”;
(b)
(b) omit paragraph (b).
(3) In subsection (2)—
(a)
(a) omit “decide that the applicant should be certified, or”;
(b)
(b) omit “six”.
(4) Omit subsection (6).
(5) In subsection (7)(b), for the words from “requirement” to the end substitute—
“requirement—
(i)
(i) in accordance with Article 36 of the Gas Directive (new infrastructure) before exit day and remains entitled to the benefit of it, or
(ii)
(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.”.
(6) In subsection (9)—
(a)
(a) omit paragraph (a);
(b)
(b) in paragraph (b)—
(i) omit “must not decide that the applicant should be certified, and”;
(ii) omit “or any other EEA state”;
(c)
(c) omit paragraph (c).
(7) After subsection (9) insert—
“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 exit 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—
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