The Procurement Regulations 2024

[F1 Electricity operator calculations U.K.

42E.— (1) For the purposes of paragraph 2(2)(d) of Schedule 4 to the PA 2023—

(a) the amount of electricity supplied to the network is to be calculated using the total amount of electricity supplied by the operator to the network during the relevant period, and

(b) the amount of energy produced by the operator is to be calculated using the total amount of energy produced by the operator during the relevant period.

(2) Where the amount of electricity supplied by the operator to the network or the amount of energy produced by the operator is not available for the entirety of the relevant period because the operator was created or commenced their activities after the beginning of the relevant period, electricity supplied and energy produced is to be calculated in accordance with paragraph (3).

(3) The amount of electricity supplied by the operator to the network and energy produced by the operator is to be calculated—

(a) where there has been no energy produced during the relevant period, using credible business projections for a period of three years beginning with the date of contract award;

(b) in any other case, using—

(i) any electricity supplied to the network or energy produced, as the case may be, during the relevant period, and

(ii) credible business projections, for a period beginning with the date of contract award,

which, when combined, provide information in respect of electricity supplied or energy produced, as the case may be, and projections for the entirety of the period of three years beginning with the date that energy was first produced during the relevant period.

(4) In this regulation—

“accounting period” means a period in respect of which accounts are prepared in relation to the operator;

“date of contract award” means the date when the contracting authority decided to award the contract;

“quarter” means a period of three months beginning with 1st January, 1st April, 1st July or 1st October in any given year;

“relevant period” means either—

(a)

the period of three years ending with the date of contract award, or

(b)

where, due to the timing of the preparation of the operator’s accounts, information relating to electricity supplied or energy produced for the period in sub-paragraph (a) is not available as at the date of contract award, a three-year period corresponding with the accounting periods of the operator ending with the date the last quarter before the date of contract award for which such information is available ends.]

Textual Amendments

F1 Regs. 42A-42F inserted (24.2.2025) by The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025 (S.I. 2025/163), regs. 1(2), 8(12) (with reg. 2(2)(3))