Schedules

Schedule 12Governance of gas and electricity industry codes: transitional provision

I11Meaning of “qualifying document”, “qualifying contract” and “qualifying central system”

1

In this Schedule, “qualifying document” means a document that—

a

is maintained in accordance with the conditions of a relevant licence, and

b

is designated for the purposes of this Schedule by notice given by the Secretary of State.

2

Where at any time after the day on which this paragraph comes into force the whole or part of the provision made by a qualifying document is incorporated into a different document (“document B”), document B is to be treated for the purposes of this Schedule as if it were a qualifying document even if it is not designated under sub-paragraph (1)(b).

3

In this Schedule, “qualifying contract” means a contract—

a

that constitutes the whole or part of the arrangements under which a qualifying document has effect,

b

that relates to the governance of a qualifying document, or

c

that is a central system contract.

4

For the purposes of sub-paragraph (3)(c), a contract is a “central system contract” if—

a

it relates to the operation of a qualifying central system, and

b

the person responsible for operating or procuring the operation of the central system is a party to the contract.

5

In this Schedule, “qualifying central system” means a central system that is designated for the purposes of this Schedule by notice given by the Secretary of State.

6

The Secretary of State may revoke a designation under sub-paragraph (1)(b) or (5).

7

The Secretary of State may not designate a document or central system under sub-paragraph (1)(b) or (5), or revoke a designation, except so as to give effect to a recommendation of the GEMA.

8

Before making a recommendation to the Secretary of State for the purposes of sub-paragraph (7), the GEMA must consult such persons as it considers appropriate.