Energy Citation, commencement, extent and interpretation 1 1 These Regulations may be cited as the Electricity and Gas (Internal Markets) Regulations 2017 and come into force on 24th April 2017. 2 These Regulations extend to England and Wales and Scotland. 3 In these Regulations— “the 1986 Act ” means the Gas Act 1986 ; “the 1989 Act ” means the Electricity Act 1989 . Amendment to section 8Q of the 1986 Act 2 For subsection (5) of section 8Q of the 1986 Act (definition of “relevant producer or supplier”), substitute— 5 A person falls within this subsection if— a the person requires a licence under section 7A of this Act or section 6 of the Electricity Act 1989 (licences authorising supply, etc ) to carry out the activity by virtue of which the person falls within subsection (4); b where the person does not carry out the activity in Great Britain, the person would, in the Authority ’s opinion, require such a licence if carrying out the activity in Great Britain; or c the person has a relationship with the applicant or certified person which the Authority thinks might lead the applicant or certified person to discriminate in favour of the person. . Amendment to section 10O of the 1989 Act 3 For subsection (5) of section 10O of the 1989 Act (definition of “relevant producer or supplier”), substitute— 5 A person falls within this subsection if— a the person requires a licence under section 7A of the Gas Act 1986 (licensing of gas suppliers and gas shippers) or section 6 of this Act to carry out the activity by virtue of which the person falls within subsection (4); b where the person does not carry out the activity in Great Britain, the person would, in the Authority’s opinion, require such a licence if carrying out the activity in Great Britain; or c the person has a relationship with the applicant or certified person which the Authority thinks might lead the applicant or certified person to discriminate in favour of the person. . Amendment to section 25 of the 1989 Act 4 In section 25(8) of the 1989 Act (orders for securing compliance), in the definition of “regulated person”, after paragraph (d) insert— e a nominated electricity market operator; . Amendments to section 64 of the 1989 Act 5 1 Section 64(1) of the 1989 Act (interpretation etc. of Part I) is amended as follows. 2 For the definition of “the 2013 Amending Regulation” substitute— “the 2013 Amending Regulations ” means— Regulation ( EU ) No 347/2013 of the European Parliament and of the Council of 17 April 2013 on guidelines for trans-European energy infrastructure and repealing Decision No 2006/1346/ EC and amending Regulations (EC) No 713/2009 , (EC) No 714/2009 and (EC) No 715/2009 ; and Commission Regulation (EU) No 543/2013 of 14 June 2013 on submission and publication of data in electricity markets and amending Annex I to Regulation (EC) No 714/2009 of the European Parliament and of the Council ; . 3 After the definition of “authorised supplier” insert— “the CACM Regulation ” means Commission Regulation (EU) No 2015/1222 of 24 July 2015 establishing a guideline on capacity allocation and congestion management ; . 4 In the definition of “the Electricity Regulation”, for “the 2013 Amending Regulation” substitute “the 2013 Amending Regulations”. 5 After the definition of “line” insert— “nominated electricity market operator” means a person designated under Article 4 or 5 of the CACM Regulation by any competent authority to perform tasks related to single day-ahead or single intraday coupling; . Amendments to Schedule 6A to the 1989 Act 6 1 Schedule 6A to the 1989 Act (provisions imposing obligations enforceable as relevant requirements) is amended as follows. 2 In paragraph 4(e)(v) (persons required to be certified as independent), for “points 5.1 to 5.10” substitute “points 5.1 to 5.4 and 5.10”. 3 After paragraph 9A insert— Nominated electricity market operators 9B The following provisions in the CACM Regulation are relevant provisions in relation to a nominated electricity market operator (“ NEMO ”)— a Article 7(1) to (4) (NEMO tasks); b Article 9(1), (4), (9), (12) and (14) (duties relating to development and adoption of terms and conditions or methodologies); c Article 10 (day-to-day management of the single day-ahead and intraday coupling); d Article 12 (duties relating to consultation); e Article 13 (confidentiality obligations); f Articles 32(5), 43(2), 56(2), 72(2) and 82(6) (requirements to provide information); g Articles 36 and 37 (duties in relation to algorithm development); h Articles 38, 39(1) to (3), 40, 41, 42, 45, 46(2), 47(4) to (6), 48(1), (3) and (4) and 50 (duties and requirements relating to single day-ahead coupling); i Articles 51, 52, 53, 54, 55(1) and (4), 57, 58(3), 59(5) to (7), 60 and 62 (duties and requirements relating to single intraday coupling); j Article 65(1) (removal of explicit allocation); k where the NEMO is a central counter party (within the meaning given by Article 2(42) of the CACM Regulation), Article 68 (duties relating to clearing and settlement); l Articles 75 to 77 and 80 (duties in relation to cost recovery); m Article 81 (requirements relating to delegation of tasks). . Transitional provisions 7 1 The amendments made by regulation 2 do not apply for the purposes— a of an application for certification made under section 8D of the 1986 Act before the commencement date; b of a review under section 8K(3), (5) or (8) of the 1986 Act if the period within which the review is to be carried out began before the commencement date. 2 The amendments made by regulation 3 do not apply for the purposes— a of an application for certification made under section 10B of the 1989 Act before the commencement date; b of a review under section 10I(3), (5) or (8) of the 1989 Act if the period within which the review is to be carried out began before the commencement date. 3 The Authority is not required to carry out a review of the certification basis of a relevant certified person under section 8K(5) of the 1986 Act or section 10I(5) of the 1989 Act (as the case may be) solely because of the amendments made by regulation 2 or 3. 4 In paragraph (3) “relevant certified person”— a in relation to a review under section 8K(5) of the 1986 Act, means a person certified (within the meaning given in section 8Q(1) of that Act) before the commencement date; b in relation to a review under section 10I(5) of the 1989 Act, means a person certified (within the meaning given in section 10O(1) of that Act) before the commencement date. 5 In this regulation— “the Authority” means the Gas and Electricity Markets Authority; “the commencement date” means 24th April 2017. Review 8 1 Regulation 51 of the Electricity and Gas (Internal Markets) Regulations 2011 (review) is amended as follows. 2 In paragraph (2), for “and ITC Regulation” substitute “, ITC Regulation and CACM Regulation”. 3 In paragraph (6)— a after the definition of “the 2013 Amending Regulation” insert— “CACM Regulation” means Commission Regulation (EU) No 2015/1222 of 24 July 2015 establishing a guideline on capacity allocation and congestion management; ; b in the definition of “Internal Markets Regulations”, at the end insert— the Electricity and Gas (Internal Markets) Regulations 2017; . Jesse Norman Parliamentary Under Secretary of State and Minister for Industry and Energy Department for Business, Energy and Industrial Strategy 28th March 2017