PART 2Secretary of State requiring information from the delivery body
Provision of information by a CFD counterparty to the delivery body6
1
Paragraph (2) applies where the delivery body has been given an advice notice.
2
The delivery body may give a notice (“a counterparty notice”) to a CFD counterparty, requiring it to provide to the delivery body information which the delivery body reasonably believes that the CFD counterparty holds (or is entitled to obtain) and which the delivery body reasonably requires to comply with the advice notice.
3
A counterparty notice must set out—
a
the information required; and
b
the date by which the information is to be provided.
4
The information required by a counterparty notice may include information in relation to the capital costs and operational costs in respect of an eligible generator who is a party to a CFD.
5
A counterparty notice may be varied or withdrawn by notice by the delivery body to the CFD counterparty.
6
A CFD counterparty must comply with a counterparty notice which is given to it.
7
Subject to paragraph (8), the requirement imposed under paragraph (6) is to be treated as a relevant requirement on the CFD counterparty as a regulated person for the purposes of section 25 of the Electricity Act 1989.
8
Where—
a
the CFD counterparty has been given a counterparty notice but to comply with that notice the CFD counterparty needs to obtain information from an eligible generator who is a party to a CFD; and
b
the CFD counterparty is not provided with that information from the eligible generator (“missing information”),
there is no failure to comply with paragraph (6) to the extent of the missing information.