The Electricity (Early-Model Competitive Tenders for Onshore Transmission Licences) Regulations 2025
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Change 1
2 Interpretation
(1) In these Regulations— “the 1989 Act” means the Electricity Act 1989; “application” means an application for an onshore transmission licence; “application form” means the form required for an application in accordance with regulation 26(2); “best and final offer” means a submission by a qualifying bidder to the Authority in response to the best and final offer documentation; “best and final offer documentation” means those documents issued in accordance with regulation 14(3); “bid costs” means the costs incurred by a qualifying bidder in the preparation of a tender in respect of a qualifying project; “bidder” means a person, or a group of two or more persons acting together, that submits a pre-qualification questionnaire to the delivery body in accordance with these Regulations; “bidder group” means two or more persons acting together as bidder, qualifying bidder, provisional preferred bidder, preferred bidder, reserve bidder or successful bidder; “confidentiality agreement” means the standard form agreement between the holder of an electricity system operator licence, the holder of a transmission licence which may be affected by the qualifying project, as the case may be, and, at the relevant time, a bidder in respect of confidential information disclosed in connection with an onshore transmission tender exercise; “conflict of interest” means, in relation to an onshore transmission tender exercise, if a person acting for or on behalf of a tender party in relation to the onshore transmission tender exercise has a conflict of interest; “data room” means a secure store of information in respect of a qualifying project to be maintained by the delivery body; “delivery body” means the body designated by regulation 3 of the Electricity (Designation of Delivery Bodies) (Transmission) Regulations 2023; “delivery body functions assessment report” means the report prepared by the delivery body in respect of the exercise of its functions conferred by these Regulations which must include the information specified in Schedule 6; “early-model tender exercise” means a tender exercise which relates to a project before the completion of preliminary works; “entry conditions” means the conditions specified in paragraph 1 of Schedule 2; “information memorandum” means a memorandum of that description issued by the delivery body containing in summary form information in respect of a qualifying project; “information notice” means a notice issued in accordance with regulation 32; “intention to commence notice” means a notice published in accordance with regulation 8(1) or updated in accordance with regulation 8(2)(a); “interest” in relation to a conflict of interest includes a personal, professional or financial interest and may be direct or indirect; “invitation to tender documentation” means those documents issued in accordance with regulation 12(2); “onshore transmission” means transmission which is not offshore transmission; “onshore transmission licence” means a transmission licence that authorises anything that forms part of a transmission system to be used for purposes connected with onshore transmission; “onshore transmission tender exercise” means the steps to be taken in accordance with these Regulations with a view to determining the person to whom an onshore transmission licence in respect of a qualifying project is to be granted; “preferred bidder” means a qualifying bidder determined as a preferred bidder in accordance with regulation 17(1); “preliminary market engagement” is to be construed in accordance with regulation 4(2); “preliminary works” means— in respect of a project’s electricity solution which principally comprises an asset— the completion of the detailed design of the asset, and the acquisition of all necessary planning consents and property rights for its construction and maintenance; or in respect of a project’s electricity solution which is a service— the completion of the detailed design of the service, and where relevant, the acquisition of any necessary property rights for maintenance of any assets associated with the service; “pre-qualification documentation” means those documents issued in accordance with regulation 10(1)(a); “pre-qualification questionnaire” means a questionnaire of that description published by the delivery body in accordance with regulation 10(1); “provisional preferred bidder” means a qualifying bidder determined as a provisional preferred bidder in accordance with regulation 13(1)(a) or regulation 14(4) as the case may be; “qualifying bidder” means a bidder determined as a qualifying bidder in accordance with regulation 11(1) “qualifying project” means a project as determined as a qualifying project in accordance with regulation 6(3); “reserve bidder” means a qualifying bidder determined as a reserve bidder in accordance with regulation 17(2); “security” includes a charge over a bank account or any other asset, a deposit of money, a performance bond or bank guarantee, an insurance policy or a letter of credit; “signed” includes signed in a manner which would be an electronic signature for the purposes of section 7 of the Electronic Communications Act 2000; “system specification” means the requirements for the design and construction of a transmission system specified by the delivery body; “tender” means a submission by a qualifying bidder to the delivery body in response to the invitation to tender documentation issued in accordance with regulation 12(2); “tender documentation” means the pre-qualification documentation, the invitation to tender documentation and, if applicable, the best and final offer stage documentation; “tender parties” means the Authority and the delivery body; “transmission services” has the meaning given in the standard conditions of a transmission licence. (2) Each tender party must, when giving notice under these Regulations, publish a notice, in such manner as the tender party considers appropriate for the purposes of bringing it to the attention of persons likely to be affected by it.
2 Interpretation
(1) In these Regulations— “the 1989 Act” means the Electricity Act 1989; “application” means an application for an onshore transmission licence; “application form” means the form required for an application in accordance with regulation 26(2); “best and final offer” means a submission by a qualifying bidder to the Authority in response to the best and final offer documentation; “best and final offer documentation” means those documents issued in accordance with regulation 14(3); “bid costs” means the costs incurred by a qualifying bidder in the preparation of a tender in respect of a qualifying project; “bidder” means a person, or a group of two or more persons acting together, that submits a pre-qualification questionnaire to the delivery body in accordance with these Regulations; “bidder group” means two or more persons acting together as bidder, qualifying bidder, provisional preferred bidder, preferred bidder, reserve bidder or successful bidder; “confidentiality agreement” means the standard form agreement between the holder of an electricity system operator licence, the holder of a transmission licence which may be affected by the qualifying project, as the case may be, and, at the relevant time, a bidder in respect of confidential information disclosed in connection with an onshore transmission tender exercise; “conflict of interest” means, in relation to an onshore transmission tender exercise, if a person acting for or on behalf of a tender party in relation to the onshore transmission tender exercise has a conflict of interest; “data room” means a secure store of information in respect of a qualifying project to be maintained by the delivery body; “delivery body” means the body designated by regulation 3 of the Electricity (Designation of Delivery Bodies) (Transmission) Regulations 2023; “delivery body functions assessment report” means the report prepared by the delivery body in respect of the exercise of its functions conferred by these Regulations which must include the information specified in Schedule 6; “early-model tender exercise” means a tender exercise which relates to a project before the completion of preliminary works; “entry conditions” means the conditions specified in paragraph 1 of Schedule 2; “information memorandum” means a memorandum of that description issued by the delivery body containing in summary form information in respect of a qualifying project; “information notice” means a notice issued in accordance with regulation 32; “intention to commence notice” means a notice published in accordance with regulation 8(1) or updated in accordance with regulation 8(2)(a); “interest” in relation to a conflict of interest includes a personal, professional or financial interest and may be direct or indirect; “invitation to tender documentation” means those documents issued in accordance with regulation 12(2); “onshore transmission” means transmission which is not offshore transmission; “onshore transmission licence” means a transmission licence that authorises anything that forms part of a transmission system to be used for purposes connected with onshore transmission; “onshore transmission tender exercise” means the steps to be taken in accordance with these Regulations with a view to determining the person to whom an onshore transmission licence in respect of a qualifying project is to be granted; “preferred bidder” means a qualifying bidder determined as a preferred bidder in accordance with regulation 17(1); “preliminary market engagement” is to be construed in accordance with regulation 4(2); “preliminary works” means— in respect of a project’s electricity solution which principally comprises an asset— the completion of the detailed design of the asset, and the acquisition of all necessary planning consents and property rights for its construction and maintenance; or in respect of a project’s electricity solution which is a service— the completion of the detailed design of the service, and where relevant, the acquisition of any necessary property rights for maintenance of any assets associated with the service; “pre-qualification documentation” means those documents issued in accordance with regulation 10(1)(a); “pre-qualification questionnaire” means a questionnaire of that description published by the delivery body in accordance with regulation 10(1); “provisional preferred bidder” means a qualifying bidder determined as a provisional preferred bidder in accordance with regulation 13(1)(a) or regulation 14(4) as the case may be; “qualifying bidder” means a bidder determined as a qualifying bidder in accordance with regulation 11(1) “qualifying project” means a project as determined as a qualifying project in accordance with regulation 6(3); “reserve bidder” means a qualifying bidder determined as a reserve bidder in accordance with regulation 17(2); “security” includes a charge over a bank account or any other asset, a deposit of money, a performance bond or bank guarantee, an insurance policy or a letter of credit; “signed” includes signed in a manner which would be an electronic signature for the purposes of section 7 of the Electronic Communications Act 2000; “system specification” means the requirements for the design and construction of a transmission system specified by the delivery body; “tender” means a submission by a qualifying bidder to the delivery body in response to the invitation to tender documentation issued in accordance with regulation 12(2); “tender documentation” means the pre-qualification documentation, the invitation to tender documentation and, if applicable, the best and final offer stage documentation; “tender parties” means the Authority and the delivery body; “transmission services” has the meaning given in the standard conditions of a transmission licence. (2) Each tender party must, when giving notice under these Regulations, publish a notice, in such manner as the tender party considers appropriate for the purposes of bringing it to the attention of persons likely to be affected by it.
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