The Power Purchase Agreement Scheme Regulations 2014
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Change 1
3 Standard terms of BPPAs
(1) Any BPPA entered into between a licensed supplier and an eligible generator must include the standard terms which are applicable under paragraph (3) on the date on which the eligible generator enters into the relevant contract. (2) The standard terms which are issued, revised or amended under paragraph (3) must include provision about the matters which relevant supply licence conditions require to be included in a BPPA. (3) The Secretary of State— (a) must issue the standard terms of a BPPA; (b) may from time to time revise the standard terms issued under sub-paragraph (a) as they apply to eligible generators whose relevant contract is entered into on or after the date specified under paragraph (5)(b) as being the date on which the revision applies; and (c) if paragraph (4) applies, may amend the standard terms issued under sub-paragraph (a) as they apply to eligible generators whose relevant contract is entered into before the date specified under paragraph (5)(b) as being the date on which the amendment applies. (4) This paragraph applies where the Secretary of State is satisfied that— (a) the amendments referred to in that paragraph are necessary in order to take account of a new market structure, trading arrangement or industry code; and (b) the effect of all of the amendments taken together is such as to maintain so far as possible the balance of risk and reward as between the parties to the BPPA. (5) The Secretary of State must— (a) publish the terms which are issued, revised or amended under paragraph (3); and (b) specify the date on or by reference to which any such term, revision or amendment applies (which must not be earlier than the date on which the term, revision or amendment is published).
3 Standard terms of BPPAs
(1) Any BPPA entered into between a licensed supplier and an eligible generator must include the standard terms which are applicable under paragraph (3) on the date on which the eligible generator enters into the relevant contract. (2) The standard terms which are issued, revised or amended under paragraph (3) must include provision about the matters which relevant supply licence conditions require to be included in a BPPA. (3) The Secretary of State— (a) must issue the standard terms of a BPPA; (b) may from time to time revise the standard terms issued under sub-paragraph (a) as they apply to eligible generators whose relevant contract is entered into on or after the date specified under paragraph (5)(b) as being the date on which the revision applies; and (c) if paragraph (4) applies, may amend the standard terms issued under sub-paragraph (a) as they apply to eligible generators whose relevant contract is entered into before the date specified under paragraph (5)(b) as being the date on which the amendment applies. (4) This paragraph applies where the Secretary of State is satisfied that— (a) the amendments referred to in that paragraph are necessary in order to take account of a new market structure, trading arrangement or industry code; and (b) the effect of all of the amendments taken together is such as to maintain so far as possible the balance of risk and reward as between the parties to the BPPA. (5) The Secretary of State must— (a) publish the terms which are issued, revised or amended under paragraph (3); and (b) specify the date on or by reference to which any such term, revision or amendment applies (which must not be earlier than the date on which the term, revision or amendment is published).
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