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

JurisdictionUK Non-devolved
CitationSI 2019/530
(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repeal or revocation made by Part 2, 3, or 4 of these Regulations has the same extent as the provision being amended, repealed or revoked.(3) In these Regulations, “the Electricity Regulation” means Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity (recast) and “predecessor”, in relation to that Regulation, means Regulation (EC) No 714/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the network of cross-border exchanges in electricity and repealing Regulation (EC) No 1228/2003.
  • The Energy Act 1976
  • In section 3 (implementation of reserve powers) , in subsection (1) (a) , omit “the European Union or”.
  • omit paragraph (c) and the “or” following it;
  • omit paragraph (d) (i) and the “or” following it.
  • (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”.
  • Omit Schedule 3 (EU obligations of which breach is punishable under this Act) .
  • The Gas Act 1986
  • (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.for “functions as designated regulatory authority for Great Britain” substitute “ designated regulatory functions ”;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 ”;
    .
    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; ”,in Article 40(d) , omit “, in line with general energy policy objectives,”,in Article 40(f) , omit “and foster market integration”, andin Article 40(g) , for “their national market” substitute “ the energy market in Great Britain ”;
  • In section 4B (exceptions from sections 4AA to 4A) , in subsection (4) , after “any”, in the second place it occurs, insert
  • (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.
    .
    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.(1) Section 4D (Gas and Electricity Markets Authority to consult and cooperate with other authorities) is amended as follows.for “functions as designated regulatory authority for Great Britain” substitute “ designated regulatory functions ”;in paragraph (a) , for the words from “Agency” to “States” substitute “ Northern Ireland Authority ”;

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