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

(10AA) (1) Subject to paragraph (5), where a customer of the holder of a licence granted under Article 8(1)(c) takes a supply of gas through a smart meter, the conditions included in that licence must require the holder of the licence to ensure that— (a) the meter complies with standards corresponding to those set out in Article 9(2)(a) and 10(2) of the Energy Efficiency Directive and where the customer so requests, Article 9(2)(c) of that Directive; (b) the customer is provided with the information specified in Article 9(2)(a) and 10(2) of the Energy Efficiency Directive; (c) the customer is provided with the information specified in Article 10(2)(b) of the Energy Efficiency Directive in the manner mentioned in that provision; (d) where the customer so requests, the customer or another person acting on the customer's behalf is provided with the information specified in Article 9(2)(d) of the Energy Efficiency Directive in the manner mentioned in that provision; (e) the meter is physically secure and any information provided by it is held in a manner that complies with the requirements of any relevant legislation relating to data protection; and (f) advice and information specified in Article 9(2)(e) of the Energy Efficiency Directive is provided to the customer. (2) For the purposes of paragraph (1)(b) and (c), the reference to Article 10(2) of the Energy Efficiency Directive is to be read as a reference to that Article with the modifications that— (a) the words “installed in accordance with Directives 2009/72/EC and 2009/73/EC” are to be omitted; and (b) the reference to “Member States” is to be read as a reference to “the Authority”. (3) Where a customer of the holder of a licence under Article 8(1)(c) does not take a supply of gas through a smart meter, the conditions included in that licence must require the holder of the licence to ensure that any bill or statement of account provided to the customer is accurate and based on actual consumption and that the information specified in paragraph 1.1 of Annex VII to the Energy Efficiency Directive is provided to the customer in the manner specified in that provision. (4) The conditions included in a licence under Article 8(1)(c) must require the holder of the licence to ensure that— (a) where a customer so requests, the information specified in Article 10(3)(a) of the Energy Efficiency Directive is provided to an energy service provider designated by the customer; (b) any bill or statement of account sent to the customer— (i) contains the information specified in Article 10(3)(c) of and paragraph 1.2 and 1.3 of Annex VII to the Energy Efficiency Directive; (ii) complies with any guidance issued and published by the Authority; and (iii) where the customer so requests, is provided in an electronic format; (c) where a customer so requests, the information specified in Article 10(3)(b) of the Energy Efficiency Directive is provided to the customer; (d) any customer taking a supply of gas from the licence holder is provided with the information specified in paragraph 1.3 of Annex VII to the Energy Efficiency Directive in contract documentation; (e) any information provided to a customer in accordance with conditions included under this paragraph is provided in a timely manner and in an easily understandable format enabling customers to compare deals on a like-for-like basis; (f) a charge is not made in respect of any bill or statement of account sent to a customer or in respect of any information provided to the customer (whether in the bill or statement of account or otherwise). (5) The duty on the Authority in paragraph (1) to include conditions in a licence only has effect where the Department— (a) has determined that it is technically possible, financially reasonable and proportionate in relation to the potential energy savings to implement a programme for the widespread provision of smart meters; and (b) notifies the Authority in writing to that effect. (6) In this Article— (a) “the Energy Efficiency Directive” means the European Parliament and Council Directive 2012/27/EU on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC; (b) “smart meter” means— (i) a gas meter which can send and receive information using an electronic communications network; or (ii) a gas meter and a device which is associated with or ancillary to that meter and which enables information to be sent and received by the meter using an electronic communication network; (c) “electronic communications network” has the same meaning as in section 32 of the Communications Act 2003; and (d) other expressions which are also used in the Energy Efficiency Directive have the same meaning as in that Directive.

120

• (1) Article 10B (exemption from requirement for system access) is amended as follows.

• (2) In paragraph (7)(b)(ii), for the words from “within” to “that paragraph” substitute “ which apply to the holder ”.

• (3) Omit paragraph (9).

• (4) After paragraph (10) insert—

(10A) An obligation is a public service obligation for the purposes of this Article if— (a) it is imposed by or under a statutory provision, and (b) the provision is identified in a notice issued by the Department as a provision imposing or enabling the imposition of, a public service obligation within the meaning of Article 3(2) of the Directive (as it had effect immediately before IP completion day). (10B) For the purposes of paragraph (10A), the reference to Article 3(2) is to be read as if the reference in that provision to natural gas undertakings of the Community were a reference to natural gas undertakings of the United Kingdom.

• (5) Omit paragraph (11).

• (6) In paragraph (12)(a), for “Article 10A(3) or (10)” substitute “ Article 10A(3) or (17) ”.

121

• (1) Article 27 (general functions) is amended as follows.

• (2) In paragraph (3B)—

• (a) in sub-paragraph (b), for “and (r) to” substitute “ , (r) and ”;

• (b) omit sub-paragraph (d).

• (3) After paragraph (3B) add—

(3C) For the purposes of paragraph (3B)(c), the reference to Article 41(3)(a) is to be read as if the reference in that provision to Article 41 were a reference to Article 41 as implemented in Northern Ireland immediately before IP completion day.

122

• (1) Article 27A (dispute resolution) is amended as follows.

• (2) In paragraph (1)(b), for the words from “imposed” to “Directive” substitute “ which satisfies the requirement in paragraph (1A) ”.

• (3) After paragraph (1) insert—

(1A) The requirement in this paragraph is that either— (a) the obligation is an obligation imposed on the holder before IP completion day pursuant to the Directive, including such an obligation as modified on or after IP completion day, or (b) both the following apply— (i) the obligation was imposed on the holder on or after IP completion day, and (ii) the obligation is such that, if it had been imposed immediately before IP completion day, it would have been an obligation imposed pursuant to the Directive; and in this paragraph “the holder” means the holder mentioned in paragraph (1)(a).

123

In Article 38A (requirements for major pipelines etc.), in paragraph (5)—

• (a) for “the criteria” substitute “ objective and non-discriminatory criteria ”;

• (b) omit “for the purposes of and in accordance with Article 4(2) of the Directive”.

124

• (1) Article 39A (exemption from relevant requirements) is amended as follows.

• (2) In paragraph (2)(b), for “with” to “Directive” substitute “ with provisions corresponding to those set out in Articles 32, 33 or 34 of the Directive ”;

• (3) After paragraph (2) insert—

(2A) For the purposes of paragraph (2)(b)— (a) the reference to Article 32 of the Directive is to be read as a reference to that Article with the modifications set out in Article 10A(4) of this Order; (b) the reference to Article 33 of the Directive is to be read as a reference to that Article with the modifications set out in Article 10A(15)(b) of this Order; (c) the reference to Article 34 is to be read as a reference to that Article with the following modifications— (i) references to “Member States” are to be read as references to “the Department”; (ii) in paragraph (1), the final sentence is to be omitted; (iii) in paragraph (2)(d), the reference to “Community law” is to be read as a reference to retained EU law; (iv) paragraph (4) is to be omitted.

• (4) Omit paragraph (4).

125

• (1) Article 39B (review of exemptions under Article 39A) is amended as follows.

• (2) Omit paragraphs (1) and (2).

• (3) In paragraph (4)—

• (a) in sub-paragraph (a)—

• (i) after “if” insert “ before IP completion day ”;

• (ii) after “paragraph (1)” insert “ (as it then had effect) ”;

• (b) in sub-paragraph (b), after “if” insert “ before IP completion day ”;

• (c) for sub-paragraph (c) substitute—

(c) if— (i) before IP completion day the Authority sent the European Commission a copy of the exemption and terms under paragraph (1) (as it then had effect), and (ii) the European Commission does not act as described in paragraph (a) or (b) before IP completion day, the date four months after the Authority sent the European Commission a copy of the exemption under paragraph (1) or IP completion day, whichever is the sooner; (d) if the decision to give the exemption was published under Article 39A(12) on or after IP completion day, the date on which the decision was published under Article 39A(12).

126

In Article 45 (directions restricting the use of certain information), in paragraph (1A), for the words from “information” to the end substitute “ commercially sensitive information obtained in the course of carrying out its business, except in accordance with a legal duty to disclose information. ”.

The Energy (Northern Ireland) Order 2003

127

The Energy (Northern Ireland) Order 2003 is amended as follows.

128

In Article 2 (interpretation), in paragraph (2)—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) in the definition of “designated regulatory authority” omit the words “or Article 39 of the Gas Directive”

• (ca) omit the definition of “Third Package”;

• (d) at the appropriate places insert—

...

...

...

“designated regulatory gas functions” means any function of the Authority conferred by— 1. a provision of retained EU law, or 2. a condition in a licence under Article 8 of the Gas Order, as that condition is modified from time to time on or after IP completion day, where that function was, immediately before IP completion day, one of its functions as a regulatory authority designated in accordance with Article 39 of the Gas Directive;

“the designated regulatory gas 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 market for gas in Northern Ireland

“Great Britain authority” means the Gas and Electricity Markets Authority;

129

• (1) Article 3A (designation of Authority as national regulatory authority for Northern Ireland) is amended as follows.

• (2) At the end of the heading insert “: electricity”.

• (3) In paragraph (1) omit the words “and Article 39(3) of the Gas Directive”.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

130

• (1) Article 6A (report on activities as designated regulatory authority) is amended as follows.

• (2) At the end of the heading insert “: electricity”.

• (3) In paragraph (2) omit “and Article 41 of the Gas Directive”.

131

• (1) Article 6B (decisions of the Agency for the Cooperation of Energy Regulators and of the European Commission) is amended as follows.

• (2) Renumber the existing Article as paragraph (1).

• (3) After paragraph (1) insert—

(2) For the purposes of paragraph (1), a binding decision made under the Gas Directive or the Gas Regulation does not include a decision that is not, or so much of a decision as is not, retained EU law.

132

In Article 7 (publication by Authority of advice and information about consumer matters), in paragraph (5)(a)(i), after “European Commission” insert “ before IP completion day ”.

133

In Article 8 (powers of Authority in relation to external matters), in paragraph (1), omit sub-paragraph (b).

134

• (1) Article 8A (duty on the Authority to have regard to the need for consultation and co-operation with other authorities) is amended as follows.

• (2) At the end of the heading insert “: electricity”.

• (3) In paragraph (1)(b), omit “the Gas Directive,” and “the Gas Regulation”.

• (4) In paragraph (2), for “Third Package” substitute “Electricity Directive”.

• (5) In paragraph (3), in the definition of “region”—

• (a) in sub-paragraph (a), omit “in relation to electricity,”;

• (b) omit sub-paragraph (b) and the “and” preceding it.

135

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136

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137

• (1) Article 14 (principal objective and general duties of the Department and the Authority in relation to gas) is amended as follows.

• (2) In paragraph (1), for the words from “pursuant” to the end substitute “ of the designated regulatory gas objectives ”.

• (3) Omit paragraph (5B).

138

In Article 15 (exceptions from the general duties), in paragraph (4), for “Community obligation” substitute “ retained EU obligation ”.

139

• (1) Article 38 (modification of licences: general provisions) is amended as follows.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In paragraph (2), for the words from “the requirements” to the end substitute “ any requirements and prohibitions contained in retained EU law which correspond to prohibitions and requirements in the Gas Directive ”.

140

• (1) In Article 45 (financial penalties), in paragraph (9)(b), after “Electricity Directive or” insert “by or under a provision referring to a provision of”

• (2) For the purposes of Article 45 of the Energy (Northern Ireland) Order 2003, the reference in paragraph (1) of that Article to “any provision of a Community Regulation” is to be treated on and after IP completion day as including a reference to any provision of the Gas Regulation (within the meaning of that Order) as it had effect in EU law at any time before IP completion day.

141

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142

In Article 55F (interpretation of Articles 52 to 55F), in paragraph (1) omit the definition of “Great Britain authority”.

143

In Article 56 (power to amend Part VII), in paragraph (1)—

• (a) at the end of sub-paragraph (b)(i) omit “or”;

• (ab) after sub-paragraph (b)(i) insert—

(ia) any retained EU obligation; or

• (b) in sub-paragraph (b)(ii), for “member State” substitute “ country ”.

144

In Article 62 (reasons for decisions), in paragraph (1)(g), after “Northern Ireland” insert “or designated regulatory gas functions”.

145

In Article 63 (general restrictions on disclosure of information), in paragraph (4)(i), after “Community obligation” insert “or retained EU obligation”.

The Electricity (Single Wholesale Market) (Northern Ireland) Order 2007

146

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The Electricity (Priority Dispatch) Regulations (Northern Ireland) 2012

147

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148

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149

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PART 5 — Amendment of EU Regulations and Decisions

The Electricity Regulation

150

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The Gas Regulation

151

• (1) The Gas Regulation is amended as set out in Schedule 2.

• (2) In this regulation and in Schedule 2, “the Gas Regulation” means Regulation (EC) 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 .

Revocations and savings

152

• (1) The EU Regulations and Decisions specified in Schedule 3 are revoked.

• (2) The revocation of the TEN-E Regulation by paragraph (1) and Schedule 3 is subject to the savings provisions in Schedule 4.

• (3) In this regulation and in Schedules 3 and 4, “the TEN-E Regulation” means Regulation (EU) No 347/2013 of the European Parliament and of the Council of 17 April 2013 on guidelines for trans-European energy infrastructure and repealing Decision No 1364/2006/EC and amending Regulations (EC) No 713/2009, (EC) No 714/2009 and (EC) No 715/2009.

SCHEDULE 1 — The Electricity Regulation

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12

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SCHEDULE 2 — The Gas Regulation

1

For Article 1 of the Gas Regulation (subject-matter and scope) substitute—

(1) This Regulation aims at— (a) setting non-discriminatory rules for access conditions to natural gas transmission systems with a view to ensuring the proper functioning of the market in gas; (b) setting non-discriminatory rules for access conditions to LNG facilities and storage facilities; (c) facilitating the emergence of a well-functioning and transparent wholesale market with a high level of security of supply in gas. (2) The objectives referred to in paragraph 1 include the setting of principles for tariffs, or the methodologies underlying their calculation, for access to the network, but not to storage facilities, the establishment of third-party access services and principles for capacity allocation and congestion-management, the determination of transparency requirements, balancing rules and imbalance charges, and the facilitation of capacity trading. (3) In so far as this Regulation applies to storage facilities, it applies only to— (a) storage facilities within the jurisdiction of Great Britain to which section 19B of the Gas Act 1986 applies; and (b) storage facilities in Northern Ireland, other than those to which an exemption has been granted in accordance with Article 39A of the Gas (Northern Ireland) Order 1996 , except for Article 19(4) which applies to all storage facilities.

2

For Article 2 (definitions) substitute—

In this Regulation— - “ancillary services” means all services necessary for access to and the operation of transmission networks, distribution networks, LNG facilities or storage facilities, including load balancing, blending and injection of inert gases, but not including facilities reserved exclusively for transmission system operators carrying out their functions; - “available capacity” means the part of the technical capacity of a transmission system that is not allocated and is still available to the system; - “balancing period” means the period within which the off-take of an amount of natural gas, expressed in units of energy, must be offset by every network user by means of the injection of the same amount of natural gas into the transmission network in accordance with a transport contract or network code; - “capacity” means transmission system capacity, LNG facility capacity or storage facility capacity; - “congestion management” means management of the capacity portfolio of a transmission system operator with a view to optimal and maximum use of the technical capacity and the timely detection of future congestion and saturation points; - “connected country or territory” means the other part of the United Kingdom, a connected member State or a connected third country; - “connected member State”— 1. in relation to Great Britain, means a member State, the transmission system of which is connected to the Great Britain transmission system by an interconnector; 2. in relation to Northern Ireland, means a member State, the transmission system of which is connected to the Northern Ireland transmission system by an interconnector; - “connected third country”— 1. in relation to Great Britain, means a country or territory other than Northern Ireland or a member State, the transmission system of which is directly connected to the Great Britain transmission system; 2. in relation to Northern Ireland, means a country or territory other than Great Britain or a member State, the transmission system of which is directly connected to the Northern Ireland transmission system; - “contracted capacity” means capacity that a system operator has allocated to a network user by means of a contract; - “contractual congestion” means a situation where the level of firm capacity demand exceeds the technical capacity of a system; - “customer” means a wholesale or final customer of natural gas or a natural gas undertaking which purchases natural gas; - “deliverability” means the rate at which a storage facility user is entitled to withdraw gas from the storage facility; - “distribution” means the transport of natural gas through local or regional pipeline networks with a view to its delivery to customers, but not including supply; - “distribution system operator” means a person who carries out the function of distribution and is responsible for operating, ensuring the maintenance of, and, if necessary, developing the distribution system in a given area and, where applicable, its interconnections with other systems, and for ensuring the long-term ability of the system to meet reasonable demands for the distribution of gas; - “final customer” means a customer purchasing natural gas for the customer's own use; - “firm capacity” means capacity contractually guaranteed as uninterruptible by a system operator; - “firm services” means services offered by a system operator in relation to firm capacity; - “injectability” means the rate at which a storage facility user is entitled to inject gas into the storage facility; - “interconnection point” has the meaning given in Article 3 of Commission Regulation (EU) 2017/459 establishing a network code on capacity allocation mechanisms in gas transmission systems; - “interconnector”— 1. in relation to Great Britain, means a transmission line which crosses or spans a border between Great Britain and a member State, or between Great Britain and Northern Ireland, for the sole or main purpose of connecting the transmission systems of those countries or territories; 2. in relation to Northern Ireland, means a transmission line which crosses or spans a border between Northern Ireland and a member State, or between Northern Ireland and Great Britain, for the sole or main purpose of connecting the transmission systems of those countries or territories; - “interruptible capacity” means capacity that may be interrupted by a system operator in accordance with the conditions stipulated in a contract; - “interruptible services” means services offered by a system operator in relation to interruptible capacity; - “the jurisdiction of Great Britain” has the meaning given in section 5(9) of the Gas Act 1986; - “linepack” means the storage of gas by compression in gas transmission and distribution systems, but not including facilities reserved for transmission system operators carrying out their functions; - “LNG facility” means a terminal which is used for the liquefaction of natural gas or the importation, offloading and re-gasification of LNG, and includes ancillary services and temporary storage necessary for the re-gasification process and subsequent delivery to the transmission system, but does not include any part of LNG terminals used for storage; - “LNG facility capacity” means capacity at an LNG facility for the liquefaction of natural gas or the importation, offloading, ancillary services, temporary storage and re- gasification of LNG; - “LNG system operator” means a person who carries out the function of liquefaction of natural gas, or the importation, offloading and re-gasification of LNG and who is responsible for operating an LNG facility; - “long-term services” means services offered by a system operator with a duration of one year or more; - “the national regulatory authority”— 1. in relation to Great Britain, means the Gas and Electricity Markets Authority; 2. in relation to Northern Ireland, means the Northern Ireland Authority for Utility Regulation; - “natural gas undertaking” means a person carrying out one or more of the functions of production, transmission, distribution, supply, purchase or storage of natural gas, including LNG, which is responsible for the commercial, technical or maintenance tasks (or any combination of those tasks) related to those functions, but does not include final customers; - “network user” means a customer or a potential customer of a transmission system operator, and transmission system operators themselves in so far as it is necessary for them to carry out their functions in relation to transmission; - “new infrastructure” means infrastructure not completed by 4th August 2003; - “nomination” means the prior reporting by a network user to a transmission system operator of the actual flow that the network user wishes to inject into or withdraw from the system; - “non-UK TSO” means a person, other than a person that falls within the definition of “transmission system operator”, who carries out the function of transmission and is responsible for operating, ensuring the maintenance of, and, if necessary developing the transmission system in a given area other than the United Kingdom, and, where applicable, its interconnections with other systems, and ensuring the long-term ability of the system to meet reasonable demands for the transport of gas; - “Northern Ireland” has the meaning given in section 98 of the Northern Ireland Act 1998 ; - “other part of the United Kingdom”— 1. in relation to Great Britain, means Northern Ireland; 2. in relation to Northern Ireland, means Great Britain; - “physical congestion” means a situation where the level of demand for actual deliveries of gas exceeds the technical capacity of a system; - “primary market” means the market of the capacity traded directly by a system operator; - “re-nomination” means the subsequent reporting of a corrected nomination; - “secondary market” means the market of the capacity traded otherwise than on the primary market; - “short-term services” means services offered by a system operator with a duration of less than one year; - “space” means the volume of gas which a user of a storage facility is entitled to use for the storage of gas; - “storage capacity” means any combination of space, injectability and deliverability; - “storage facility” means a facility used for the stocking of natural gas and owned or operated by a natural gas undertaking, including the part of LNG facilities used for storage but excluding the portion used for production operations, and excluding facilities reserved exclusively for transmission system operators in carrying out their functions; - “storage system operator” means a person who carries out the function of storage and is responsible for operating a storage facility; - “supply” means the sale, including resale, of natural gas, including LNG, to customers; - “system” means any transmission networks, distribution networks, LNG facilities or storage facilities, or combination of such networks or facilities, owned or operated by a natural gas undertaking, including linepack and its facilities supplying ancillary services and those of related undertakings necessary for providing access to transmission, distribution and LNG; - “system integrity” means any situation in respect of a transmission network including necessary transmission facilities in which the pressure and the quality of the natural gas remain within the minimum and maximum limits laid down by the transmission system operator, so that the transmission of natural gas is guaranteed from a technical standpoint; - “system operator” means a transmission system operator, LNG system operator or storage system operator; - “system user” means a person supplying to, or being supplied by, the system; - “technical capacity” means the maximum firm capacity that a transmission system operator can offer to network users, taking account of system integrity and the operational requirements of the transmission network; - “transmission” means the transport of natural gas through a network, which mainly contains high-pressure pipelines, other than an upstream pipeline network and other than the part of high-pressure pipelines primarily used in the context of local distribution of natural gas, with a view to its delivery to customers, but not including supply; - “transmission system capacity” means the maximum flow, expressed in normal cubic metres per time unit or in energy unit per time unit, to which a network user is entitled in accordance with the provisions of a transport contract; - “transmission system operator”— 1. in relation to Great Britain, means a person who is designated as a gas transmission system operator under section 8J of the Gas Act 1986 ; 2. in relation to Northern Ireland, means a person who is designated as a gas transmission system operator under Article 8H of the Gas (Northern Ireland) Order 1996 ; - “transport contract” means a contract which a transmission system operator has concluded with a network user with a view to carrying out transmission; - “unused capacity” means firm capacity which a network user has acquired under a transport contract but which that user has not nominated by the deadline specified in the contract; - “upstream pipeline network” means any pipeline or network of pipelines operated or constructed as part of an oil or gas production project, or used to convey natural gas from one or more such projects to a processing plant or terminal or final coastal landing terminal; - “wholesale customer” means a person other than a transmission system operator or distribution system operator who purchases natural gas for the purpose of resale inside or outside the system where the person is established.

3

Omit Articles 3 to 5.

4

Omit Articles 8 to 12.

5

• (1) Article 13 (tariffs for access to networks) is amended as follows.

• (2) In paragraph 1—

• (a) in the first subparagraph—

• (i) for “the regulatory authorities”, in both places that it occurs, substitute “ the national regulatory authority ”;

• (ii) omit the words from “pursuant to” (where they first appear) to “that Directive”;

• (b) in the second subparagraph—

• (i) for “Member States may decide that tariffs” substitute “ Tariffs ”;

• (ii) before “regulatory” insert “ national ”;

• (c) in the fourth subparagraph—

• (i) in the second sentence, for “authorities” substitute “ authority ”;

• (ii) in the third sentence, for the words from the beginning to “shall not be”, substitute “ The national regulatory authority must ensure that network charges are not ”.

• (3) In paragraph 2, omit the second sentence.

6

In Article 14 (third-party access services concerning transmission system operators), in paragraph 1, in the second subparagraph—

• (a) for “competent” substitute “ national regulatory ”; and

• (b) omit the words from “in accordance with” to the end.

7

• (1) Article 16 (principles of capacity-allocation mechanisms and congestion-management procedures concerning transmission system operators) is amended as follows.

• (2) In paragraph 2, for point (c) substitute—

(c) be compatible with the network access systems of— (i) the other part of the United Kingdom and connected member States; and (ii) if the national regulatory authority so directs, connected third countries;

• (3) In paragraph 3, omit the second subparagraph.

• (4) In paragraph 4, for “regulatory authorities” substitute “ national regulatory authority ”.

8

• (1) Article 18 (transparency requirements concerning transmission system operators) is amended as follows.

• (2) In paragraph 2, omit “or relevant national authorities”.

• (3) In paragraph 4, for “competent authorities” substitute “ national regulatory authority ”.

9

In Article 19 (transparency requirements concerning storage facilities and LNG facilities), in paragraph 5, omit “or relevant regulatory authorities”.

10

In Article 20 (record keeping by system operators), for the words from “the national authorities” to “the Commission” substitute “ the national regulatory authority and the Competition and Markets Authority ”.

11

In Article 21 (balancing rules and imbalance charges), for paragraph 4 substitute—

(4) Transmission system operators must, in order to facilitate gas trade, endeavour to harmonise balancing regimes and streamline structures and levels of balancing charges with those of transmission systems— (a) in the other part of the United Kingdom and connected member States; and (b) if the national regulatory authority so directs, in connected third countries.

12

In Article 22 (trading of capacity rights), in the second paragraph, for “regulatory authorities” substitute “ national regulatory authority ”.

13

• (1) Article 24 (regulatory authorities) is amended as follows.

• (2) For the heading, substitute “ The national regulatory authority ”.

• (3) In the first paragraph—

• (a) for “their” substitute “ its ”;

• (b) for “regulatory authorities” substitute “ national regulatory authority ”;

• (c) omit “and the Guidelines adopted pursuant to Article 23”.

• (4) Omit the second paragraph.

14

Omit Articles 25 to 27.

15

Omit Article 29.

16

For Article 30 (derogations and exemptions) substitute—

This Regulation, except for Article 19(4), does not apply to any of the infrastructure referred to in paragraph (a), (b) or (c), for so long as the certification or exemption referred to in that paragraph is in force— (a) an interconnector, the operator of which is certified by the national regulatory authority under section 8F of the Gas Act 1986 on one of the certification grounds in section 8G (7) or (8) of that Act ; (b) a storage facility which is exempt under section 19A of the Gas Act 1986 ; or (c) an LNG facility which is exempt under section 19C of the Gas Act 1986 . This Regulation, except for Article 19(4), does not apply to any of the infrastructure referred to in paragraph (a), (b), (c) or (d), for so long as the certification or exemption referred to in that paragraph is in force— (a) an interconnector, the operator of which is certified by the national regulatory authority under Article 8E of the Gas (Northern Ireland) Order 1996 on the certification ground in Article 8F(6) of that Order ; (b) a transmission system in relation to which an exemption has been granted under Article 10B(1) of the Gas (Northern Ireland) Order 1996 ; (c) a storage facility in relation to which an exemption has been granted under Article 39A of the Gas (Northern Ireland) Order 1996 ; or (d) an LNG facility in relation to which an exemption has been granted under Article 39A of the Gas (Northern Ireland) Order 1996.

17

For the text of Article 31 (repeal) substitute—

References made to Regulation (EC) No. 1775/2005 in retained direct EU legislation are to be construed as references to this Regulation and read in accordance with the correlation table in Annex II.

18

In the text after Article 32 omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

19

• (1) Annex I (guidelines) is amended as follows.

• (2) In point 1.5, omit the words from “no later than” to the end.

• (3) In point 1.8, after the words “transmission system operators” (in the second place where it appears) insert “ , and endeavour to cooperate with non-UK TSOs in connected member States and connected third countries, ”.

• (4) In point 2.1.6, in the second paragraph, before “regulatory” insert “ national ”.

• (5) In point 2.2.1—

• (a) in paragraph 1, in the first subparagraph—

• (i) in the first sentence, for the words from “two or more” to the end, substitute—

Great Britain or Northern Ireland and— (a) the other part of the United Kingdom or a connected member State; or (b) if the national regulatory authority so directs, a connected third country, in so far as the points are subject to booking procedures by users.

• (ii) omit the second sentence;

• (b) omit paragraph 2;

• (c) omit paragraph 4.

• (6) In point 2.2.2—

• (a) in paragraph 1, in the second sentence—

• (i) for “adjacent Member States” substitute “ connected countries or territories ”;

• (ii) for “the adjacent national regulatory” substitute “ those ”;

• (b) in paragraph 3, in the third sentence, for “National regulatory authorities” substitute “ The national regulatory authority ”.

• (7) In point 2.2.3—

• (a) in paragraph 1—

• (i) for “National regulatory authorities” substitute “ The national regulatory authority ”;

• (ii) omit from “, on the basis” to “shown that”;

• (iii) for “the year covered by the monitoring report” substitute “ the most recent year for which the national regulatory authority has the relevant information ”;

• (b) in paragraph 2—

• (i) for “If, on the basis of the yearly monitoring report, it is shown” substitute “ If the national regulatory authority considers ”;

• (ii) for “relevant national regulatory authorities” substitute “ national regulatory authority ”;

• (c) in paragraph 5—

• (i) omit “— persons or undertakings and the undertakings they control pursuant to Article 3 of Regulation (EC) No 139/2004 —”;

• (ii) at the end insert “ For this purpose, any capacity which is held by a person controlled by a network user is to be treated as capacity held by that network user. ”;

• (d) in paragraph 6, omit the second sentence;

• (e) in paragraph 7—

• (i) in the first sentence, at the beginning, for “A” substitute “ The ”;

• (ii) in the second sentence, for “adjacent Member States” substitute “ connected countries or territories ”;

• (iii) in the third sentence, for “the adjacent national regulatory” substitute “ those ”.

• (8) In point 2.2.5—

• (a) in paragraph 1, for “National regulatory authorities” substitute “ The national regulatory authority ”;

• (b) in paragraph 4, for “national regulatory authorities” substitute “ the national regulatory authority ”.

• (9) In point 3.1.1(1)—

• (a) in subparagraph (e)—

• (i) for “authorities” substitute “ authority ”;

• (ii) omit “— on the basis of an opinion on a harmonised format that shall be provided by the Agency —”;

• (b) omit subparagraphs (g) and (h).

• (10) In point 3.2(1)—

• (a) in subparagraph (a), for “the EU” substitute “ Great Britain or Northern Ireland ”;

• (b) in subparagraph (d), omit “as defined by Article 2(14) of Directive 2009/73/EC”.

• (11) In point 3.3(1)—

• (a) in the words before subparagraph (a), for “(a) to (g)”, in both places that it occurs, substitute “ (a) to (k) ”;

• (b) omit subparagraph (l).

• (12) In point 3.4(7), in the second sentence, before “regulatory” insert “ national ”.

20

In Annex II, in the correlation table, omit the rows which refer in the second column to Articles 3, 4, 5, 8, 9, 10, 11, 12, 23, 25, 26, 28 and 29.

SCHEDULE 3 — EU Regulations and Decisions: Revocations

1

Council Regulation (EEC) No 625/83 of 15 March 1983 establishing specific measures of Community interest relating to energy strategy.

2

Council Regulation (EEC) No 1890/84 of 26 June 1984 introducing special measures of Community interest relating to energy strategy.

3

Regulation (EC) No 663/2009 of the European Parliament and of the Council of 13 July 2009 establishing a programme to aid economic recovery by granting Community financial assistance to projects in the field of energy.

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

Regulation (EU) No 1233/2010 of the European Parliament and of the Council of 15 December 2010 amending Regulation (EC) 663/2009 establishing a programme to aid economic financial recovery by granting Community financial assistance to projects in the field of energy.

6

Commission Decision of 11 August 2011 establishing the composition and the operational provisions of the Gas Coordination Group and repealing Commission Decision 2006/791/EC.

7

Commission Decision of 15 November 2012 setting up the Electricity Coordination Group.

8

The TEN-E Regulation.

9

Commission Delegated Regulation (EU) No 1391/2013 of 14 October 2013 amending Regulation (EU) 347/2013 of the European Parliament and of the Council on guidelines for trans-European energy infrastructure as regards the Union list of projects of common interest.

10

Commission Delegated Regulation (EU) 2016/89 of 18 November 2015 amending Regulation (EU) No 347/2013 of the European Parliament and of the Council as regards the Union list of projects of common interest.

11

Commission Decision of 9 March 2016 setting up a Commission expert group on electricity interconnection targets.

12

Commission Delegated Regulation (EU) 2018/540 of 23 November 2017 amending Regulation (EU) No 347/2013 of the European Parliament and of the Council as regards the Union list of projects of common interest.

SCHEDULE 4 — The TEN-E Regulation: Savings

1

Chapter III (permit granting and public participation) of, and Annex VI (guidelines for transparency and public participation) to, the TEN-E Regulation continue to apply on and after IP completion day as if that Regulation had not been revoked, in relation to an existing permit application.

2

In paragraph 1, “an existing permit application” means an application for a permit to carry out works in the United Kingdom or in the UK marine area in relation to a relevant project, for which the statutory permit granting procedure started before IP completion day.

3

In paragraph 2—

• “a relevant project” means—a project which, immediately before IP completion day, was on the Union list of projects of common interest referred to in Article 3 of the TEN-E Regulation; ora project which had previously been on that list and, immediately before IP completion day, maintained the rights and obligations arising from Chapter III of the TEN-E Regulation by virtue of the second subparagraph of Article 5(9) of that Regulation;

• “the statutory permit granting procedure” has the meaning given in Article 10(1)(b) of the TEN-E Regulation;

• “the UK marine area” has the meaning given in section 42 of the Marine and Coastal Access Act 2009 .

4

Where Chapter III of and Annex VI to the TEN-E Regulation apply by virtue of paragraph 1, they apply with the following modifications.

5

Article 7 applies as if paragraphs 4 to 7, and the second subparagraph of paragraph 8, were omitted.

6

Article 8 applies as if—

• (a) in paragraph 1, for “By 16 November 2013, each Member State shall designate one national competent authority which shall be”, there were substituted “ The Secretary of State is the competent authority ”;

• (b) in paragraph 2, in the first subparagraph, in point (a), for “the competent authority notifies the Commission of that delegation and the information therein” there were substituted “ notice of that delegation ”;

• (c) in paragraph 3—

• (i) in the first subparagraph, for “Union law” in each place that it occurs, there were substituted “assimilated direct law ”;

• (ii) the third subparagraph were omitted.

• (d) in paragraph 4, for “Member States may apply different schemes as set out in paragraph 3” there were substituted “ Different schemes as set out in paragraph 3 may be applied ”;

• (e) in paragraph 5—

• (i) for the words from “two” to “themselves” there were substituted “ the United Kingdom and in one or more member States, the competent authority must endeavour to cooperate efficiently and effectively and coordinate with the competent authorities of those member States ”;

• (ii) for “Member States shall endeavour to provide for joint procedures”, there were substituted “ The Secretary of State must endeavour to provide for joint procedures with those member States ”.

7

Article 9 applies as if—

• (a) in paragraph 1—

• (i) the first sentence were omitted;

• (ii) for the second sentence there were substituted “ The Secretary of State must update as necessary the manual of procedures for the permit granting process applicable to projects of common interest published under this Article as it applied before IP completion day, and make it available to the public. ”;

• (b) in paragraph 2, for “Union law” there were substituted “assimilated direct law ”;

• (c) in paragraph 4, in the first subparagraph, in the second sentence, after “according to” there were inserted “assimilated direct law which, immediately before IP completion day, implemented ”;

• (d) in paragraph 5—

• (i) for “two or more Member States” there were substituted “ the United Kingdom and one or more member States ”;

• (ii) for “each of the Member States concerned” there were substituted “ the United Kingdom ”;

• (e) in paragraph 6—

• (i) in the first sentence, after “where”, there were inserted “assimilated direct law which, immediately before IP completion day, implemented ”;

• (ii) the second sentence were omitted;

• (f) in paragraph 7, in the first subparagraph, there were omitted “which shall be linked to the Commission website and”.

8

Article 10 applies as if—

• (a) in paragraph 1—

• (i) in point (a), for the third paragraph, there were substituted—

The start of the permit granting process is the date of signature by the competent authority of an acknowledgement of the project promoter's notification of the project, or, if the United Kingdom and one or more member States are concerned, the date of signature of an acknowledgement by the last of the competent authorities concerned.

• (ii) in point (b)—

• (aa) at the end of the first sentence, there were inserted “or any shorter period specified by legislation”; and

• (bb) the second sentence were omitted;

• (b) in paragraph 2—

• (i) in the first subparagraph, for the second sentence there were substituted—

However, where the competent authority considers that the statutory permit granting procedure will not be completed before the time limit in paragraph 1(b), it may decide, before its expiry and on a case by case basis, to extend that time limit by a maximum of nine months.

• (ii) the second subparagraph were omitted;

• (c) in paragraph 3, for “In Member States where” there were substituted “ Where ”;

• (d) paragraphs 4 and 5 were omitted; and

• (e) in paragraph 6, for “Union law” there were substituted “assimilated direct law ”.

9

Annex VI applies as if—

• (a) points (2) and (5) were omitted; and

• (b) in point (6)(a), for “referred to in point (5)” there were substituted “ published under point (5) as it applied before IP completion day ”.

Signed

Claire Perry — Minister of State — 2019-03-15

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 2018 c. 16.

[^f00002]: 1976 c. 76. Relevant amendments were made by S.I. 2011/1043.

[^f00003]: 1986 c. 44. Relevant amendments were made by the Utilities Act 2000 (c. 27) sections 9 and 12, the Energy Act 2010 (c. 27) section 16, and by S.I. 2000/1937, 2009/1349, 2011/1043, 2011/2704 and 2014/3333.

[^f00004]: O.J. L 211, 14.8.2009, p. 94.

[^f00005]: 1989 c. 29. Relevant amendments were made by the Utilities Act 2000 (c. 27) sections 13 and 16, the Energy Act 2010 (c. 27) section 17, and by S.I. 2009/1349, 2011/1043, 2011/2704, 2014/3333 and 2017/493.

[^f00006]: O.J. L 211, 14.8.2009, p. 55.

[^f00007]: 2000 c. 27. Relevant amendments were made by S.I. 2011/2704 and 2015/862.

[^f00008]: 2004 c. 20. Relevant amendments were made by S.I. 2011/1043 and 2011/2704.

[^f00009]: 2007 c. 17. Section 19A was inserted by S.I. 2011/2704.

[^f00010]: S.I. 2002/2665.

[^f00011]: S.I. 2010/2154.

[^f00012]: S.I. 2009/2999.

[^f00013]: S.I. 2010/2155.

[^f00014]: S.I. 2011/2704. Regulation 51 was amended by S.I. 2014/3332, 2014/3333 and 2017/493.

[^f00015]: S.I. 2013/1046.

[^f00016]: S.I. 2014/2043.

[^f00017]: S.I. 1992/231 (N.I. 1). Relevant amendments have been made by S.R. 2005 No. 335, 2011 No. 155, 2011 No. 247, 2012 No. 385, 2013 No. 394, 2014 No. 198 and 2015 No. 249.

[^f00018]: OJ L 315, 14.11.2012, p. 1.

[^f00019]: 2003 c.21. Section 32 has been amended by S.I. 2011/1210.

[^f00020]: S.I. 1996/275 (N.I. 2). Relevant amendments have been made by S.R. 2006 No. 358, 2011 No. 155, 2013 No. 92, 2014 No. 198 and 2015 No. 249.

[^f00021]: S.I. 2003/419 (N.I. 6). Relevant amendments have been made by S.R. 2005 No. 335, 2009 No. 35, 2011 No. 155, 2013 No. 92 and 2014 No. 198.

[^f00022]: S.I. 2007 No. 913 (N.I. 7). Article 10(4) was amended by S.I. 2011/1043.

[^f00023]: S.R. 2012 No. 385. Relevant amendments were made by S.R. 2014 No. 198.

[^f00024]: Further amendments to the Electricity Regulation are made by S.I. 2018/1286.

[^f00025]: Further amendments to the Gas Regulation are made by S.I. 2018/1286.

[^f00026]: 1989 c. 29. Section 4(3F) was inserted by section 145(3) of the Energy Act 2004 (c. 20).

[^f00027]: 1998 c. 47.

[^f00028]: S.I. 2007/913 (N.I. 7). The definition of “the SEM” in Article 2(2) was substituted by S.R. 2016 No.129.

[^f00029]: Section 10H was inserted by S.I. 2011/2704.

[^f00030]: S.I. 1992/231 (N.I. 1). Article 10H was inserted by S.R. 2011 No.155.

[^f00031]: 1986 c. 44. Section 19B was inserted by S.I. 2000/1937 and amended by S.I. 2004/2043 and 2011/2704.

[^f00032]: S.I. 1996/275 (N.I. 2). Article 39A was inserted by S.R. 2013 No. 92.

[^f00033]: 1998 c. 47.

[^f00034]: 1986 c. 44. Section 8J was inserted by S.I. 2011/2704.

[^f00035]: S.I. 1996/275 (N.I. 2). Article 8H was inserted by S.R. 2011 No. 155.

[^f00036]: Sections 8F and 8G were inserted by S.I. 2011/2704.

[^f00037]: Section 19A was inserted by S.I. 2000/1937 and amended by S.I. 2004/2043 and 2011/2704.

[^f00038]: Section 19C was inserted by S.I. 2000/1937 and amended by S.I. 2004/2043 and 2011/2704.

[^f00039]: Articles 8E and 8F were inserted by S.R. 2011 No. 155.

[^f00040]: Article 10B was inserted by S.R. 2013 No. 92.

[^f00041]: Article 39A was inserted by S.R. 2013 No. 92.

[^f00042]: 2009 c. 23.

Citation, commencement , extent and interpretation

Gas Act 1986

Electricity Act 1989

Utilities Act 2000

Energy Act 2004

Consumers, Estate Agents and Redress Act 2007

The Gas (Northern Ireland) Order 1996

The Energy (Northern Ireland) Order 2003

129A

After Article 3A insert—

(3B) The Authority shall ensure that its staff do not— (a) seek or take any instructions that might compromise, or might reasonably be seen to compromise, the Authority’s independence in relation to its designated regulatory gas functions; or (b) carry out any other activity, or have any financial or other interest, that might compromise, or might reasonably be seen to compromise, the Authority’s independence in relation to those functions.

134A

After Article 8A insert—

(8B) (1) When carrying out its designated regulatory gas functions, the Authority shall, to the extent it considers necessary, consider whether there is a need to— (a) consult and co-operate with the Great Britain authority or the regulatory authorities of other countries or territories; (b) provide the Great Britain authority with information it may require in order to carry out any functions of the Great Britain authority corresponding to the Authority’s designated regulatory gas functions; and (c) consult relevant national authorities. (2) In this Article, “relevant national authorities” has the same meaning as in Article 8A(3).

The Electricity (Single Wholesale Market) (Northern Ireland) Order 2007

The Electricity (Priority Dispatch) Regulations (Northern Ireland) 2012

Editorial notes

[^c23650341]: 2018 c. 16.

[^c23650351]: 1976 c. 76. Relevant amendments were made by S.I. 2011/1043.

[^c23650361]: 1986 c. 44. Relevant amendments were made by the Utilities Act 2000 (c. 27) sections 9 and 12, the Energy Act 2010 (c. 27) section 16, and by S.I. 2000/1937, 2009/1349, 2011/1043, 2011/2704 and 2014/3333.

[^c23650371]: O.J. L 211, 14.8.2009, p. 94.

[^c23650381]: 1989 c. 29. Relevant amendments were made by the Utilities Act 2000 (c. 27) sections 13 and 16, the Energy Act 2010 (c. 27) section 17, and by S.I. 2009/1349, 2011/1043, 2011/2704, 2014/3333 and 2017/493.

[^c23650391]: O.J. L 211, 14.8.2009, p. 55.

[^c23650401]: 2000 c. 27. Relevant amendments were made by S.I. 2011/2704 and 2015/862.

[^c23650431]: 2004 c. 20. Relevant amendments were made by S.I. 2011/1043 and 2011/2704.

[^c23650441]: 2007 c. 17. Section 19A was inserted by S.I. 2011/2704.

[^c23650451]: S.I. 2002/2665.

[^c23650461]: S.I. 2010/2154.

[^c23650471]: S.I. 2009/2999.

[^c23650481]: S.I. 2010/2155.

[^c23650491]: S.I. 2011/2704. Regulation 51 was amended by S.I. 2014/3332, 2014/3333 and 2017/493.

[^c23650501]: S.I. 2013/1046.

[^c23650511]: S.I. 2014/2043.

[^c23650551]: S.I. 1996/275 (N.I. 2). Relevant amendments have been made by S.R. 2006 No. 358, 2011 No. 155, 2013 No. 92, 2014 No. 198 and 2015 No. 249.

[^c23650561]: S.I. 2003/419 (N.I. 6). Relevant amendments have been made by S.R. 2005 No. 335, 2009 No. 35, 2011 No. 155, 2013 No. 92 and 2014 No. 198.

[^c23650601]: Further amendments to the Gas Regulation are made by S.I. 2018/1286.

[^c23650661]: 1986 c. 44. Section 19B was inserted by S.I. 2000/1937 and amended by S.I. 2004/2043 and 2011/2704.

[^c23650671]: S.I. 1996/275 (N.I. 2). Article 39A was inserted by S.R. 2013 No. 92.

[^c23650681]: 1998 c. 47.

[^c23650691]: 1986 c. 44. Section 8J was inserted by S.I. 2011/2704.

[^c23650701]: S.I. 1996/275 (N.I. 2). Article 8H was inserted by S.R. 2011 No. 155.

[^c23650711]: Sections 8F and 8G were inserted by S.I. 2011/2704.

[^c23650721]: Section 19A was inserted by S.I. 2000/1937 and amended by S.I. 2004/2043 and 2011/2704.

[^c23650731]: Section 19C was inserted by S.I. 2000/1937 and amended by S.I. 2004/2043 and 2011/2704.

[^c23650741]: Articles 8E and 8F were inserted by S.R. 2011 No. 155.

[^c23650751]: Article 10B was inserted by S.R. 2013 No. 92.

[^c23650761]: Article 39A was inserted by S.R. 2013 No. 92.

[^c23650771]: 2009 c. 23.

[^key-f97b6fb7ce4592da0cc2bc978e903bea]: Reg. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

[^key-20ef7b3a49c31d83b1a4dd6e12c443dc]: Reg. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

[^key-fe29747aa210516b0c30b371b0fd8eca]: Reg. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

[^key-7d4825d9a38f9e35cc22d0c23316c47c]: Reg. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

[^key-b0a82795ad05aa290999380d42cae3a5]: Reg. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

[^key-f51ef879c9203f84e339de745bc4859e]: Reg. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

[^key-bb4cb5727f2758fba79669d0ecdf45b9]: Reg. 7 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

[^key-7869a531f0f835f8fdbdb28b050373c8]: Reg. 8 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

[^key-72dd4fa1340614bc514211327635184c]: Reg. 9 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

[^key-adf0895daea0370ad0a94b4644a8c6af]: Reg. 10 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

[^key-27bec6cc8841576cb3f038e42c5065d0]: Reg. 11 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

[^key-6f2952a051dd3690136b8eb9776ae82a]: Reg. 12 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

[^key-8d1d45275645076d9a68230bc5896beb]: Reg. 13 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

[^key-716870e3e72bf6903d3ea84105dcdadb]: Reg. 14 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

[^key-fffe9b95caa53722acd6b0a1356fca04]: Reg. 15 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

[^key-aa74d8783ad60a2e4726b38fa22c759a]: Reg. 16 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

[^key-f3ea1db9e202c3bce145c5a5bc89031d]: Reg. 17 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

[^key-8356751041f855919db0346f4d15ec4f]: Reg. 18 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

[^key-6766130517ceb3e00f203871d38bb835]: Reg. 19 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

[^key-d3f1d892599b7477888b37a9f3134437]: Reg. 20 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

[^key-c28f0d2acc600014febe1b84279510f6]: Reg. 21 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

[^key-0e7d81f80f5a76698b2408b3ac92b258]: Reg. 22 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

[^key-b84788085a0ed15a611faf18a3ef6df2]: Reg. 23 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

[^key-917f98f88a76a199df75e21f7ebd6e35]: Reg. 24 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

[^key-3af233a34daf68ae252fc1b814d9b1d9]: Reg. 25 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

[^key-72cb482e156183bdd04d7093ea9527c2]: Reg. 26 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

[^key-02d90be10ea98357f9cd094e5eaa1507]: Reg. 27 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

[^key-2e1db204326cf88e763d6f3f43c9cc78]: Reg. 28 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

[^key-77a09c2712c9ec549a1c7f78d0d06c58]: Reg. 29 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

[^key-8a48eb882a76175f64d534e03caf03bd]: Reg. 30 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

[^key-0e84bdcad419d7c7cb4f729dd326b2ba]: Reg. 31 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

[^key-b9995897b7d13efee1edcf9b71faa70b]: Reg. 32 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

[^key-fbef5598ef23ccb1735de6a23b2c7663]: Reg. 33 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

[^key-5a13e2f66432b1ff8a9393c069cd18da]: Reg. 34 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

[^key-920de523aad979a20d23ce25d4ad1ede]: Reg. 35 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

[^key-a351ee4cf768c62a9e3dbfc1524f3b3c]: Reg. 36 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

[^key-7c9d9e4ae308d8bd6a94a93f00cfddc1]: Reg. 37 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

[^key-b0dbe30ca4d135044f2ba85accbbeb73]: Reg. 38 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

[^key-4cf00de17d397411a6feae2de4145cd6]: Reg. 39 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

[^key-bfd4e989c894ee6f68df5404b0820d47]: Reg. 40 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

[^key-b8172c8c0b570426eceeec310e69d288]: Reg. 41 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

[^key-0ab90fda2e4a1e6b31bc154ba603d568]: Reg. 42 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

[^key-8e29153a4d74094a464073c9c4027b09]: Reg. 43 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

[^key-bd8a99425b5f6b0cb90cb5e766ec49a0]: Reg. 44 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

[^key-af0d48c774194aafc9c1ba941d4d5645]: Reg. 45 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)