Part I ELECTRICITY SUPPLY

Licensing of supply etc.

F16CDSections 6C to 6CC: further definitions

(1)

This section defines expressions that are used in sections 6C to 6CC (as well as in this section).

(2)

“Prescribed” means prescribed in or determined under tender regulations.

(3)

“Tender exercise” means the steps taken in accordance with tender regulations with a view to determining one or more of the following—

(a)

the person by whom a relevant electricity project is to be carried out;

(b)

the person to whom a relevant licence is to be granted;

(c)

the person to whom a relevant contract is to be awarded.

(4)

“Tender costs” means—

(a)

costs (including any cost assessment costs) incurred or likely to be incurred by the Authority for the purposes of a particular tender exercise or prospective tender exercise;

(b)

costs (including any cost assessment costs) incurred or likely to be incurred by a delivery body for the purposes of a particular tender exercise or prospective tender exercise;

(c)

such proportion as the Authority considers appropriate of the costs that—

(i)

have been, or are likely to be, incurred by the Authority or by a delivery body under regulations under section 6C, and

(ii)

are not directly attributable to a particular tender exercise.

(5)

“Cost assessment costs”, in relation to a tender exercise, means costs incurred or likely to be incurred by the Authority or by a delivery body in connection with any assessment of—

(a)

costs that have been or are to be incurred in connection with any property, rights or liabilities necessary or expedient for the performance by a person of functions under a relevant licence granted or a relevant contract awarded to the person as a result of the tender exercise;

(b)

costs incurred in connection with any property, rights or liabilities that would have been necessary or expedient for the performance of functions under a relevant licence or a relevant contract if such a licence or contract had been granted or awarded to a person as a result of the tender exercise.

(6)

“Successful bidder”, in relation to a tender exercise, is the person in respect of whom (as a result of the exercise) any of the following applies—

(a)

a delivery body determines that a relevant electricity project is to be carried out by the person;

(b)

a relevant licence has been or is to be granted to the person;

(c)

a relevant contract has been or is to be awarded to the person.

(7)

Section 6C(8) applies for the purposes of subsections (3)(b) and (c) and (6)(b) and (c) as it applies for the purposes of section 6C(2)(b) and (c).