Certification arrangements in Great Britain following amendments to the ownership unbundling provisions of the Gas Act 1986 and the Electricity Act 1989: End of the transition period

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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.