Citation, commencement and extent

1. —(1) These Regulations may be cited as the Electricity and Gas (Internal Markets) Regulations 2014 and come into force on 14th January 2015.

(2) These Regulations do not extend to Northern Ireland.

Enforcement provisions of the Gas Act 1986

2. In section 48(1) of the Gas Act 1986( 3 )—

(a) after the definition of “the 2010 Amending Decision” insert the following definitions—

“ “the 2012 Amending Decision ” means Commission Decision 2012/490/ EU of 24 August 2012 amending Annex I to Regulation 2009/715/ EC of the European Parliament and of the Council on conditions for access to the natural gas transmission networks ( 4 ) ;

“the 2013 Amending Regulation ” means Regulation 2013/347/EU of the European Parliament and of the Council of 17 April 2013 on guidelines for trans-European energy infrastructure and repealing Decision 2006/1364/EC and amending Regulations 2009/713/EC , 2009/714/EC and ( 2009/715/EC 5 ) ; ” ;

(b) in the definition of “the Gas Regulation”, after “the 2010 Amending Decision” insert “, the 2012 Amending Decision and the 2013 Amending Regulation”.

3. In Schedule 4B to the Gas Act 1986( 6 ) (provisions imposing obligations enforceable as relevant requirements)—

(a) for paragraph 3(e)(iii) (which lists provisions of Annex I to Regulation 2009/715/EC) substitute—

“ (iii) points 2.2.1(3), 2.2.2, 2.2.3, 2.2.4 and 2.2.5 under sub-heading 2.2 (duties relating to congestion management procedures in the event of contractual congestion), ” ;

(b) omit paragraph 10.

4. In Schedule 3 to the Electricity and Gas (Internal Markets) Regulations 2011( 7 ), omit the reference to paragraph 3(e)(iii) and to paragraph 10 of Schedule 4B to the Gas Act 1986.

Enforcement provisions of the Electricity Act 1989

5. In section 64(1) of the Electricity Act 1989( 8 )—

(a) after the definition of “the 1980 Act” insert the following definition—

“ “the 2013 Amending Regulation” means Regulation 2013/347/EU of the European Parliament and of the Council of 17 April 2013 on guidelines for trans-European energy infrastructure and repealing Decision 2006/1364/EC and amending Regulations 2009/713/EC , 2009/714/EC and 2009/715/EC ; ” ;

(b) in the definition of “the Electricity Regulation”, after “Regulation 2003/1228/EC” insert “, as amended by the 2013 Amending Regulation”.

6. In Schedule 6A to the Electricity Act 1989( 9 ) (provisions imposing obligations enforceable as relevant requirements) omit paragraph 11.

7. In Schedule 4 to the Electricity and Gas (Internal Markets) Regulations 2011, omit the reference to paragraph 11 of Schedule 6A to the Electricity Act 1989.

Review

8.Regulation 51 of the Electricity and Gas (Internal Markets) Regulations 2011 (review) is amended as follows—

(a) in paragraphs (1)(a), (2) and (3)(a), for “these Regulations” substitute “the Internal Markets Regulations”;

(b) in paragraph (6)—

(i) after the definition of “2010 Amending Decision” insert the following definitions—

“ “the 2012 Amending Decision” means Commission Decision 2012/490/EU of 24 August 2012 amending Annex I to Regulation 2009/715/EC of the European Parliament and of the Council on conditions for access to the natural gas transmission networks;

“the 2013 Amending Regulation” means Regulation 2013/347/EU of the European Parliament and of the Council of 17 April 2013 on guidelines for trans-European energy infrastructure and repealing Decision 2006/1364/EC and amending Regulations 2009/713/EC , 2009/714/EC and 2009/715/EC ;

“Internal Markets Regulations” means—

(ii) in sub-paragraph (b) of the definition of “Third Package”, after “Regulation 2003/1228/EC” insert “, as amended by the 2013 Amending Regulation”;

(iii) in sub-paragraph (c) of the definition of “Third Package”, after “the 2010 Amending Decision” insert “, the 2012 Amending Decision and the 2013 Amending Regulation”.