Electricity Act 1989, Paragraph 35 is up to date with all changes known to be in force on or before 07 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
[F135(1)The preferred bidder, in relation to a tender exercise, is the person whose name and address is specified in a notice which has been published under sub-paragraph (2) (and has not been withdrawn under sub-paragraph (4)).U.K.
(2)Where a tender exercise is held, as soon as the Authority is satisfied that it will grant [F2a relevant licence] to a particular person if certain matters are resolved to the Authority's satisfaction, it must publish a notice to that effect.
[F3(2A)Where a tender exercise is held, as soon as a contract counterparty is satisfied that it will enter into a relevant contract with a particular person if certain matters are resolved to the counterparty’s satisfaction, it must publish a notice to that effect.]
(3)[F4A notice under sub-paragraph (2) or (2A)] must—
(a)specify the name and address of the person, and
(b)describe, in general terms, those matters.
(4)The Authority may withdraw a notice under sub-paragraph (2) by publishing a notice to that effect.
[F5(4A)A contract counterparty may withdraw a notice given by it under sub-paragraph (2A) by publishing a notice to that effect.]
(5)A notice published under sub-paragraph (2) [F6or (2A)] must be withdrawn before a subsequent notice may be published under that sub-paragraph in relation to the same tender exercise.]
Textual Amendments
F1Sch. 2A inserted (20.5.2009) by Energy Act 2008 (c. 32), ss. 44(4), 110(2), Sch. 2; S.I. 2009/1270, art. 2
F2Words in Sch. 2A para. 35(2) substituted (26.10.2023) by Energy Act 2023 (c. 52), s. 334(2)(i), Sch. 15 para. 21(2)
F3Sch. 2A para. 35(2A) inserted (26.10.2023) by Energy Act 2023 (c. 52), s. 334(2)(i), Sch. 15 para. 21(3)
F4Words in Sch. 2A para. 35(3) substituted (26.10.2023) by Energy Act 2023 (c. 52), s. 334(2)(i), Sch. 15 para. 21(4)
F5Sch. 2A para. 35(4A) inserted (26.10.2023) by Energy Act 2023 (c. 52), s. 334(2)(i), Sch. 15 para. 21(5)
F6Words in Sch. 2A para. 35(5) inserted (26.10.2023) by Energy Act 2023 (c. 52), s. 334(2)(i), Sch. 15 para. 21(6)
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