The Power Purchase Agreement Scheme Regulations 2014
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Change 1
13 Modification of certain deadlines in exceptional circumstances
(1) This regulation applies to any function of the Authority (“relevant function”) which is conferred by— (a) regulation 5(3); (b) regulation 6; (c) regulation 7; or (d) paragraph 5(6), 7(3), 9(5) or 11(4) of the Schedule; and, in relation to any relevant function, the “specified period” is the period specified in the provision conferring the function within which the Authority is required to discharge it. (2) Where exceptional circumstances prevent the Authority from discharging any relevant function within the specified period— (a) the specified period does not apply to the Authority in the discharge of the relevant function; (b) the Authority must as soon as reasonably practicable give notice to the electricity generator and to all licensed suppliers of the circumstances which have occurred and the date by which the Authority expects to discharge the relevant function; and (c) the date specified by the Authority under sub-paragraph (b) must be as soon as reasonably practicable after the end of the specified period. (3) Circumstances are to be regarded as exceptional for the purposes of paragraph (2) if they are beyond the reasonable control of the Authority or of any person to whom relevant functions are delegated under regulation 11(3). (4) For the purposes of paragraph (3)— (a) circumstances are not to be regarded as beyond the Authority’s reasonable control solely because they involve, or are caused by, a change in the arrangements for the sale and supply of electricity in the United Kingdom or a change of participants in those arrangements; but (b) if the Authority receives more than 20 statements of confirmation in any one day in circumstances falling within sub-paragraph (a), paragraph (2)(a) to (c) shall apply to the Authority’s discharge of relevant functions in connection with each statement of confirmation received by it on that day which is in excess of a total of 20 such statements received on that day.
13 Modification of certain deadlines in exceptional circumstances
(1) This regulation applies to any function of the Authority (“relevant function”) which is conferred by— (a) regulation 5(3); (b) regulation 6; (c) regulation 7; or (d) paragraph 5(6), 7(3), 9(5) or 11(4) of the Schedule; and, in relation to any relevant function, the “specified period” is the period specified in the provision conferring the function within which the Authority is required to discharge it. (2) Where exceptional circumstances prevent the Authority from discharging any relevant function within the specified period— (a) the specified period does not apply to the Authority in the discharge of the relevant function; (b) the Authority must as soon as reasonably practicable give notice to the electricity generator and to all licensed suppliers of the circumstances which have occurred and the date by which the Authority expects to discharge the relevant function; and (c) the date specified by the Authority under sub-paragraph (b) must be as soon as reasonably practicable after the end of the specified period. (3) Circumstances are to be regarded as exceptional for the purposes of paragraph (2) if they are beyond the reasonable control of the Authority or of any person to whom relevant functions are delegated under regulation 11(3). (4) For the purposes of paragraph (3)— (a) circumstances are not to be regarded as beyond the Authority’s reasonable control solely because they involve, or are caused by, a change in the arrangements for the sale and supply of electricity in the United Kingdom or a change of participants in those arrangements; but (b) if the Authority receives more than 20 statements of confirmation in any one day in circumstances falling within sub-paragraph (a), paragraph (2)(a) to (c) shall apply to the Authority’s discharge of relevant functions in connection with each statement of confirmation received by it on that day which is in excess of a total of 20 such statements received on that day.
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