The government recently made some changes to the ownership unbundling provisions of the Electricity Act 1989 and Gas Act 1986, as a result of the UK leaving the European Union on 31 January 2020 at 11:00pm, namely:
- removing the requirement for the Authority to send a preliminary decision to the European Commission (‘EC’).
- change the timescales in which the Authority has to make its decision. With the removal of the need to send a preliminary decision to the EC, the Authority now has four months in which to make its final decision;
- place an obligation on the Authority to notify the Secretary of State where a person from outside the United Kingdom controls an applicant for certification; this notification was previously only required where the applicant was controlled by a person from outside the European Economic Area (‘EEA’); and
- removes the requirement on the Authority to notify the EC when a TSO is designated.
This updated document sets out information on our intended approach to processing applications for certification and undertaking reviews of certification following those changes.