Citation, commencement, extent and interpretation

1. —(1) These Regulations may be cited as the Gas (Internal Markets) Regulations 2020.

(2) Regulations 1 to 9 come into force on 14th July 2020 and regulations 10 and 11 come into force at the instant immediately before the point immediately before IP completion day .

(3) These Regulations extend to England and Wales and Scotland.

(4) In these Regulations “ the 1986 Act ” means the Gas Act 1986 .

Amendment to section 4D of the 1986 Act

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Duty to notify etc. the European Commission: agreements with third countries

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Amendment to section 19A of the 1986 Act

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Amendment to section 19C of the 1986 Act

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Amendment of section 48 of the 1986 Act

6. In Section 48(1) of the 1986 Act (interpretation of Part 1 and savings)—

(a) for the definition of “the Gas Directive” substitute—

“ “ the Gas Directive ” means Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC , as amended by the 2019 Amending Directive; ” ;

(b) insert at the appropriate place—

“ “ the 2019 Amending Directive ” means Directive (EU) 2019/692 of the European Parliament and of the Council of 17 April 2019 amending Directive 2009/73/EC concerning common rules for the internal market in natural gas; ” .

Amendment of section 106 of the Utilities Act 2000

7. In Section 106(1) of the Utilities Act 2000 (interpretation)—

(a) for the definition of “the Gas Directive” substitute—

“ “ the Gas Directive ” means Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC ( ), as amended by the 2019 Amending Directive; ” ;

(b) insert at the appropriate place—

“ “ the 2019 Amending Directive ” means Directive (EU) 2019/692 of the European Parliament and of the Council of 17 April 2019 amending Directive 2009/73/EC concerning common rules for the internal market in natural gas. ” .

Amendment of section 19A of the Consumers, Estate Agents and Redress Act 2007

8. In Section 19A(9) of the Consumers, Estate Agents and Redress Act 2007 (guidance for energy consumers)—

(a) for the definition of “the Gas Directive” substitute—

“ “ the Gas Directive ” means Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC ( ), as amended by the 2019 Amending Directive; ” ;

(b) insert at the end—

“ “ the 2019 Amending Directive ” means Directive (EU) 2019/692 of the European Parliament and of the Council of 17 April 2019 amending Directive 2009/73/EC concerning common rules for the internal market in natural gas. ” .

Modifications of standard conditions of gas interconnector licences

9. —(1) The standard conditions of a gas interconnector licence are amended as follows.

(2) In condition 12 (application of licence conditions 10, 11 and 11A: Exemption orders)—

(a) for paragraph 7(e) substitute—

“ (e) having any or all of the relevant conditions under consideration not in effect, or suspended from operation, is not detrimental to competition in relevant markets, the effective functioning of the internal gas market, the efficient functioning of the regulated system to which the licensee's interconnector is connected, or security of supply in the internal gas market. ” ;

(b) in paragraph 15, after the definition of “relevant date” insert—

“ “ relevant markets ” means those gas markets in Member States likely to be affected by the licensee's interconnector. ” .

(3) In this regulation “ gas interconnector licence ” means a licence granted under section 7ZA of the 1986 Act (licences for operation of gas interconnectors) .

Revocation etc.

10. —(1) The 1986 Act is amended in accordance with paragraphs (2) to (6).

(2) Section 4D(1)(d) is repealed.

(3) In section 4D(3)—

(a) at the end of the definition of “region” insert “ and ” ;

(b) in paragraph (d) of the definition of “relevant national authority” for “Authority; and” substitute “ Authority. ” ;

(c) omit the definition of “third country”.

(4) Section 4E is repealed.

(5) In section 19A—

(a) for subsection (8)(e) substitute—

“ (e) the exemption will not be detrimental to competition, the operation of an economically efficient gas market or the efficient functioning of the pipeline system connected or to be connected to the facility. ” ;

(b) omit subsection (12).

(6) In section 19C—

(a) for subsection (7)(e) substitute—

“ (e) the exemption will not be detrimental to competition, the operation of an economically efficient gas market or the efficient functioning of the pipeline system connected or to be connected to the facility. ” ;

(b) omit subsection (11).

(7) Accordingly, regulations 2 to 5 are revoked.

11. —(1) The standard conditions of a gas interconnector licence are amended in accordance with paragraph (2).

(2) In condition 12 of the standard conditions of a gas interconnector licence—

(a) for paragraph 7(e) substitute—

“ (e) having any or all of the relevant conditions under consideration not in effect, or suspended from operation, is not detrimental to competition or the effective functioning of the internal gas market, or the efficient functioning of the regulated system to which the licensee's interconnector is connected. ” .

(b) omit from paragraph 15—

“ “ relevant markets ” means those gas markets in Member States likely to be affected by the licensee's interconnector. ” .

(3) Accordingly, regulation 9 is revoked.