The Hydrogen Production Revenue Support (Directions, Eligibility and Counterparty) Regulations 2023

7.—(1) A hydrogen production counterparty must, in relation to each hydrogen production revenue support contract to which it is a party, enter the following information onto the register—

(a) the date agreed pursuant to that contract on which it is intended to start producing hydrogen(1);

(b) the dates of the beginning and end of any period agreed, pursuant to the hydrogen production revenue support contract, within which it is intended to start producing hydrogen(2);

(c) the date the eligible low carbon hydrogen producer notifies pursuant to that contract that it expects to be the date on which it will be eligible to receive payments, updated quarterly(3);

(d) the date notified by the eligible low carbon hydrogen producer as the date on which it has met the necessary conditions under that contract entitling it to receive payments under the contract(4);

(e) the last day of any period agreed between the eligible low carbon hydrogen producer and the hydrogen production counterparty by which the facility must be fully operational(5); and

(f) the date on which the contract expires or, in the event of the earlier termination of the contract, the date on which the contract terminated(6).

(2) But the hydrogen production counterparty must omit from the register the information required by sub-paragraph (1)(c) where—

(a) the eligible low carbon hydrogen producer requests this in writing; and

(b) the hydrogen production counterparty considers that if the information were the subject of a request for disclosure under the Freedom of Information Act 2000(7), or the Environmental Information Regulations 2004(8), the hydrogen production counterparty would be entitled to withhold the information from disclosure.

(1)

Referred to in draft contracts prepared in anticipation of the coming into force of these Regulations as the “target commissioning date”.

(2)

Referred to in draft contracts prepared in anticipation of the coming into force of these Regulations as the “target commissioning window”.

(3)

Referred to in draft contracts prepared in anticipation of the coming into force of these Regulations as the “expected start date”.

(4)

Referred to in draft contracts prepared in anticipation of the coming into force of these Regulations as the “start date”.

(5)

Referred to in draft contracts prepared in anticipation of the coming into force of these Regulations as the “longstop date”.

(6)

Referred to in draft contracts prepared in anticipation of the coming into force of these Regulations as the “specified expiry date”.

(7)

2000 c. 36.

(8)

S.I. 2004/3391.