A person must not exercise a shareholder right or a right of appointment if—
the right falls within subsection (2), (3), (4) or (5);
the relevant date in respect of the certified person mentioned in that subsection has been reached;
the exercise of the right would or might lead the certified person to discriminate in favour of the relevant producer or supplier mentioned in that subsection; and
the relevant producer or supplier is a person to whom subsection (6) applies.
A right falls within this subsection if—
it is a shareholder right;
it is held by a person who controls a person certified on the certification ground in section 8G(3); and
it is exercisable in relation to a relevant producer or supplier.
A right falls within this subsection if—
it is a shareholder right;
it is exercisable in relation to a person certified on the certification ground in section 8G(3); and
it is held by a person who controls a relevant producer or supplier.
A right falls within this subsection if—
it is a shareholder right;
the person who holds it appointed a senior officer of a person certified on the certification ground in section 8G(3);
the person appointed continues to hold that office; and
the right is exercisable in relation to a gas undertaking which is a relevant producer or supplier.
A right falls within this subsection if—
it is a right to appoint a senior officer of a person certified on the certification ground in section 8G(3); and
the person who holds it has, within the immediately preceding period of 3 years, exercised a shareholder right in relation to a gas undertaking which is a relevant producer or supplier.
This subsection applies to a person if, in order to carry out some or all of the activity by virtue of which the person is a relevant producer or supplier, the person—
requires a licence under section 7A of this Act, section 6 of the Electricity Act 1989 (licences authorising supply, etc), or section 3 of the Petroleum Act 1998 (licences to search and bore for and get petroleum); or
would require such a licence if carrying out the activity in Great Britain.
In this section—
"exercise" means exercise directly or indirectly, and "exercisable" is to be interpreted accordingly; and
"relevant date" means the relevant date for the purposes of section 8C(1) or (2).