The Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations 2019
| Jurisdiction | UK Non-devolved |
| Citation | SI 2019/531 |
(1) These Regulations may be cited as the Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations 2019.(2) These Regulations come into force on exit day.In these Regulations— The Security of Gas Supply Regulation is amended as set out in Schedule 1. The Balancing Code is amended as set out in Schedule 2. The Interoperability Code is amended as set out in Schedule 3. The Capacity Allocation Mechanisms Code is amended as set out in Schedule 4. The Tariffs Code is amended as set out in Schedule 5. Article 1 is amended as follows.for “the Union” substitute “ the United Kingdom ” ;for “internal market in natural gas (‘gas’) ” substitute “market in natural gas (‘gas’) in the United Kingdom”;omit “, including solidarity measure of a last resort,”; andfor “the Member States and the Union” substitute “ the Secretary of State, the Northern Ireland department and the regulatory authority ” .omit “, in a spirit of solidarity,”; andomit “at national, regional and Union level”.Article 2 is amended as follows.Renumber the existing text of Article 2 as paragraph 1.before point (1) insert—“ Secretary of State ” ;for “that Member State” substitute “ the United Kingdom ” ;omit point (6) ;after “ ‘competent authority’” insert “ , in relation to a member State, ” ;for “Member” substitute “ member ” ;at the end insert “ as it applies in EU law ” ;in point (8) (definition of “national regulatory authority”) , after “ ‘national regulatory authority’” insert “ , in relation to a member State, ” ;after point (8) insert—“ , the Secretary of State, the Northern Ireland department and the regulatory authority ” .omit the first two sentences;for “Member States may allow the competent authority to” substitute “ The Secretary of State may ” ;after “other bodies” insert “ , including the Northern Ireland department ” ;for “competent authorities delegate” substitute “ the Secretary of State delegates ” ;for “they” substitute “ the Secretary of State ” ; andin the fifth sentence, for “competent authority” substitute “ Secretary of State ” .Omit paragraph 3.for “the competent authority” substitute “ the Secretary of State ” ;for “a three level” substitute “ an ” ;omit “, first,”; andomit “, second, Member States at national or regional level, and third, the Union”.Omit paragraphs 5 to 7.(4) Omit Article 4.Article 5 is amended as follows.in the first subparagraph, for “Each Member State or, where a Member State so provides, its competent authority” substitute “ The Secretary of State ” ;in the second subparagraph, for the words from “the obligations of” to the end, substitute “ the relevant obligations of transmission system operators ” ;at the end, insert as a new subparagraph—“ Secretary of State ” .Omit paragraph 3.for “The transmission system operators shall” substitute “ The transmission system
- (A1) ‘the Gas Regulation’ means Regulation (EC) No 715/2009 of the European Parliament and of the Council on conditions for access to natural gas transmission networks ;
- (A2) ‘the Northern Ireland department’ means the Department for the Economy;
- (8A) ‘regulatory authority’—
- (a) in relation to Great Britain, means the Gas and Electricity Markets Authority; and
- (b) in relation to Northern Ireland, means the Northern Ireland Authority for Utility Regulation.
- ‘ancillary services’;
- ‘customer’;
- ‘distribution’;
- ‘distribution system operator’;
- ‘firm capacity’;
- ‘interconnector’;
- ‘interruptible capacity’;
- ‘LNG facility’;
- ‘LNG facility capacity’;
- ‘natural gas undertaking’;
- ‘storage capacity’;
- ‘system’;
- ‘system user’;
- ‘technical capacity’;
- ‘transmission’;
- ‘transmission system operator’.
- ‘ancillary services’;
- ‘customer’;
- ‘distribution’;
- ‘distribution system operator’;
- ‘firm capacity’;
- ‘interconnector’;
- ‘interruptible capacity’;
- ‘LNG facility’;
- ‘LNG facility capacity’;
- ‘natural gas undertaking’;
- ‘storage capacity’;
- ‘system’;
- ‘system user’;
- ‘technical capacity’;
- ‘transmission’;
- ‘transmission system operator’.
- For the purposes of the preceding subparagraph, a “relevant obligation” is—
- (a) an obligation laid down in the Gas Regulation;
- (b) an obligation imposed before F16IP completion day for the purpose of implementing Directive 2009/73/EC (including such an obligation as modified on or after F16IP completion day) ; or
- (c) an obligation imposed on or after F16IP completion day which is the same as or similar to an obligation which could have been imposed before F16IP completion day for the purpose of implementing Directive 2009/73/EC.
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