sch.3-sec.12Pending old scheme coverage determinations where applications for review under old scheme on foot

sch.3-sec.12 Pending old scheme coverage determinations where applications for review under old scheme on foot

This clause applies if— there is a pending old scheme coverage determination; and an application has been made under section 38 of the old access law for a review of the determination before the commencement day. If on the review the relevant appeals body refuses to review the determination in accordance with section 38 (11) of the old access law, the pending old scheme coverage determination is deemed to be a coverage determination on the day on which the determination of the relevant appeals body takes effect. If on the review the relevant appeals body makes a determination affirming or varying the pending old scheme coverage determination, that determination (as affirmed or varied) is deemed to be a coverage determination on the day on which the order of the relevant appeals body affirming or varying that determination takes effect. If on the review the relevant appeals body makes a determination that sets aside the pending old scheme coverage determination and remits the matter to the old scheme relevant Minister for the Minister to make a determination again in respect of the matter, the old scheme relevant Minister must make a determination under section 1.13 of the Gas Code as if the Gas Code continued to apply. If on the review the relevant appeals body makes a determination that sets aside the pending old scheme coverage determination and that is to operate in place of the pending old scheme coverage determination, the determination of the relevant appeals body is deemed to be, on the day that determination takes effect— if that determination is that the pipeline is covered—a coverage determination; if that determination is that the pipeline is not covered—a decision not to make a coverage determination under section 99. (sch.3-sec.12-ssec.1) This clause applies if— there is a pending old scheme coverage determination; and an application has been made under section 38 of the old access law for a review of the determination before the commencement day. (sch.3-sec.12-ssec.2) If on the review the relevant appeals body refuses to review the determination in accordance with section 38 (11) of the old access law, the pending old scheme coverage determination is deemed to be a coverage determination on the day on which the determination of the relevant appeals body takes effect. (sch.3-sec.12-ssec.3) If on the review the relevant appeals body makes a determination affirming or varying the pending old scheme coverage determination, that determination (as affirmed or varied) is deemed to be a coverage determination on the day on which the order of the relevant appeals body affirming or varying that determination takes effect. (sch.3-sec.12-ssec.4) If on the review the relevant appeals body makes a determination that sets aside the pending old scheme coverage determination and remits the matter to the old scheme relevant Minister for the Minister to make a determination again in respect of the matter, the old scheme relevant Minister must make a determination under section 1.13 of the Gas Code as if the Gas Code continued to apply. (sch.3-sec.12-ssec.5) If on the review the relevant appeals body makes a determination that sets aside the pending old scheme coverage determination and that is to operate in place of the pending old scheme coverage determination, the determination of the relevant appeals body is deemed to be, on the day that determination takes effect— if that determination is that the pipeline is covered—a coverage determination; if that determination is that the pipeline is not covered—a decision not to make a coverage determination under section 99.