3.— Section 2A (inserted by section 8 of the Energy (Miscellaneous Provisions) Act 2006) of the Act of 1999 is amended by substituting the following for subsection (3):

“(3) Notwithstanding subsection (2)—

(a) an interconnector owned by a person other than the Board—

(i) shall, where subsection (4) applies, and

(ii) may, where the Commission determines that it is in the public interest,

be considered to be part of the transmission system for the purposes of calculating charges and imposing charges for use of the transmission system, and

(b) an interconnector owned by the transmission system operator shall be regarded as part of the transmission system for the purposes of the functions of the transmission system operator.

(4) For the purpose of subsection (3)(a), an interconnector constructed pursuant to section 16A shall be deemed to be in the public interest.”.