sch.3-sec.28Access arrangements submitted but not approved or rejected before repeal of old scheme

sch.3-sec.28 Access arrangements submitted but not approved or rejected before repeal of old scheme

This clause applies if— a proposed access arrangement has been submitted under section 2.2 of the Gas Code to a relevant Regulator before the commencement day for approval; and the relevant Regulator has not, that day— approved that access arrangement in a final decision under section 2.16 , or a further final decision under section 2.19 of the Gas Code; or drafted and approved its own access arrangement under section 2.20 of the Gas Code. On and after the commencement day, the relevant Regulator must, despite the repeal of the Gas Code, deal with the proposed access arrangement as if the Gas Code continued to apply. An access arrangement approved, or drafted and approved, in accordance with subclause (2) is deemed to be, on the day the relevant decision takes effect— in the case of an access arrangement approved in a final decision under section 2.16 , or a further final decision under section 2.19 , of the Gas Code—a full access arrangement approved by the AER under a full access arrangement decision; in the case of an access arrangement drafted and approved by the relevant Regulator under section 2.20 of the Gas Code—a full access arrangement made by the AER under a full access arrangement decision. Despite anything to the contrary in this Law and the repeal of the old access law, section 39 of the old access law continues to apply to a full access arrangement decision referred to in this section as if a reference in that section to a decision of the relevant Regulator under the Gas Code were a reference to a full access arrangement decision of the AER. (sch.3-sec.28-ssec.1) This clause applies if— a proposed access arrangement has been submitted under section 2.2 of the Gas Code to a relevant Regulator before the commencement day for approval; and the relevant Regulator has not, that day— approved that access arrangement in a final decision under section 2.16 , or a further final decision under section 2.19 of the Gas Code; or drafted and approved its own access arrangement under section 2.20 of the Gas Code. (sch.3-sec.28-ssec.2) On and after the commencement day, the relevant Regulator must, despite the repeal of the Gas Code, deal with the proposed access arrangement as if the Gas Code continued to apply. (sch.3-sec.28-ssec.3) An access arrangement approved, or drafted and approved, in accordance with subclause (2) is deemed to be, on the day the relevant decision takes effect— in the case of an access arrangement approved in a final decision under section 2.16 , or a further final decision under section 2.19 , of the Gas Code—a full access arrangement approved by the AER under a full access arrangement decision; in the case of an access arrangement drafted and approved by the relevant Regulator under section 2.20 of the Gas Code—a full access arrangement made by the AER under a full access arrangement decision. (sch.3-sec.28-ssec.4) Despite anything to the contrary in this Law and the repeal of the old access law, section 39 of the old access law continues to apply to a full access arrangement decision referred to in this section as if a reference in that section to a decision of the relevant Regulator under the Gas Code were a reference to a full access arrangement decision of the AER.