Electricity Citation and commencement 1 These Regulations may be cited as the Electricity and Gas (Ownership Unbundling) Regulations (Northern Ireland) 2015 and shall come into operation on 5th June 2015. Interpretation 2 The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to an Act of the Assembly. Electricity transmission: independence 3 1 The Electricity (Northern Ireland) Order 1992 is amended as follows. 2 In Article 10G(1) (the ownership unbundling requirement) for the words “the Authority considers that each of the following five tests is passed” substitute— in relation to each of the five tests below— a the Authority considers that it is passed; or b it is treated as passed by virtue of paragraphs (5), (7), or (13A) . 3 After Article 10G(13) insert— 13A Except where paragraph (13B) applies, the Authority may treat one or more of the five tests in this Article as passed if— a the test or tests are not passed in relation to a relevant producer or supplier; b the applicant has demonstrated to the Authority’s satisfaction that the applicant does not have a relationship with the relevant producer or supplier which might lead the applicant to discriminate in favour of the relevant producer or supplier; and c the Authority thinks it appropriate to treat the test or tests as passed. 13B This paragraph applies where the applicant, or a person who controls or has a majority shareholding in the applicant, controls or has a majority shareholding in a person (“A”) who operates a generating station and— a A is a relevant producer or supplier; and b the generating station is directly physically connected to anything that forms part of the applicant’s transmission system. . 4 After Article 10I(12) (monitoring and review of certification) insert— 12A If, before any of the deadlines mentioned in paragraph (5) or (7) (or before such deadline as previously extended under this paragraph), the Authority asks the certified person or a relevant producer or supplier for information under paragraph (10) or (11), the relevant deadline is the end of the 4 months beginning with the day on which the last of that information is received. . 5 In Article 10L(1) (interpretation) substitute the definition of “review period” with— “review period” in relation to a review under Article 10I, means the period specified in paragraph (5) or (7) of that Article as extended, if appropriate, by— any period of suspension under paragraph (8) of that Article, or the 4 months mentioned in paragraph (12A) of that Article; . Gas transmission: independence 4 1 The Gas (Northern Ireland) Order 1996 is amended as follows. 2 In Article 8G(1) (the ownership unbundling requirement) for the words “the Authority considers that each of the following tests is passed” substitute— in relation to each of the five tests below— a the Authority considers that it is passed; or b it is treated as passed by virtue of paragraphs (5), (7) or (13A) . 3 After Article 8G(13) insert— 13A The Authority may treat one or more of the five tests in this Article as passed if— a the test or tests are not passed in relation to a relevant producer or supplier; b the applicant has demonstrated to the Authority’s satisfaction that the applicant does not have a relationship with the relevant producer or supplier which might lead the applicant to discriminate in favour of the relevant producer or supplier; and c the Authority thinks it appropriate to treat the test or tests as passed. . 4 After Article 8I(12) (monitoring and review of certification) insert— 12A If, before any of the deadlines mentioned in paragraphs (5) or (7) (or before such deadline as previously extended under this paragraph), the Authority asks the certified person or a relevant producer or supplier for information under paragraph (10) or (11), the relevant deadline is the end of the 4 months beginning with the day on which the last of that information is received. . 5 In Article 8L(1) (interpretation) substitute the definition of “review period” with— “review period” in relation to a review under Article 8I means the period specified in paragraph (5) or (7) of that Article as extended, if appropriate, by— any period of suspension under paragraph (8) of that Article, or the 4 months mentioned in paragraph (12A) of that Article; . Transitional 5 1 These Regulations do not apply in relation to— a any application made under— i Article 8C(1) of the Gas (Northern Ireland) Order 1996; or ii Article 10C of the Electricity (Northern Ireland) Order 1992 or deemed to have been made under that Article by virtue of regulation 10A(2) of the Gas and Electricity (Internal Markets) Regulations (Northern Ireland) 2011 , where that application has been received by the Authority before the day on which these Regulations come into operation; b any review by the Authority under Article 8I(2), (4) or (6) of the Gas (Northern Ireland) Order 1996 (monitoring and review of certification) or Article 10I(2), (4) or (6) of the Electricity (Northern Ireland) Order 1992 (monitoring and review of certification) where the period for carrying out the review began before the day on which these Regulations come into operation. 2 In this regulation, “the Authority” means the Northern Ireland Authority for Utility Regulation. Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on 13th June 2015. J Mills A senior officer of the Department of Enterprise, Trade and Investment