The Hydrogen Production Revenue Support (Directions, Eligibility and Counterparty) Regulations 2023
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Change 1
6 Publication of hydrogen production revenue support contracts
(1) A hydrogen production counterparty must, subject to any redaction required by virtue of paragraph (2), publish each hydrogen production revenue support contract to which it is a party as soon as reasonably practicable. (2) The hydrogen production counterparty must redact from a hydrogen production revenue support contract required to be published by virtue of paragraph (1), any parts of that contract which— (a) a term of that contract provides should be redacted from the contract as published; (b) the Secretary of State by notice in writing requires the hydrogen production counterparty to redact; or (c) contain personal data. (3) Paragraph (2) does not apply to the low carbon hydrogen strike price (as defined in paragraph 8 of the Schedule). (4) The Secretary of State may only give the hydrogen production counterparty a notice in writing under paragraph (2)(b), where the Secretary of State considers that those parts of the contract that the Secretary of State requires to be redacted contain information which— (a) constitutes a trade secret; or (b) if disclosed, would— (i) be likely to be harmful to the commercial interests of any person; or (ii) give rise to an actionable breach of confidence. (5) Nothing in this regulation prevents the inclusion on the register established and maintained under regulation 7(2) of information that the hydrogen production counterparty is required to enter onto that register.
6 Publication of hydrogen production revenue support contracts
(1) A hydrogen production counterparty must, subject to any redaction required by virtue of paragraph (2), publish each hydrogen production revenue support contract to which it is a party as soon as reasonably practicable. (2) The hydrogen production counterparty must redact from a hydrogen production revenue support contract required to be published by virtue of paragraph (1), any parts of that contract which— (a) a term of that contract provides should be redacted from the contract as published; (b) the Secretary of State by notice in writing requires the hydrogen production counterparty to redact; or (c) contain personal data. (3) Paragraph (2) does not apply to the low carbon hydrogen strike price (as defined in paragraph 8 of the Schedule). (4) The Secretary of State may only give the hydrogen production counterparty a notice in writing under paragraph (2)(b), where the Secretary of State considers that those parts of the contract that the Secretary of State requires to be redacted contain information which— (a) constitutes a trade secret; or (b) if disclosed, would— (i) be likely to be harmful to the commercial interests of any person; or (ii) give rise to an actionable breach of confidence. (5) Nothing in this regulation prevents the inclusion on the register established and maintained under regulation 7(2) of information that the hydrogen production counterparty is required to enter onto that register.
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