Schedules

Schedule 12Governance of gas and electricity industry codes: transitional provision

6Amendment or termination of qualifying contracts

1

The GEMA may amend a qualifying contract.

2

Before making an amendment under sub-paragraph (1), the GEMA must—

a

send a notice about the proposed amendment to the persons listed in sub-paragraph (4), and

b

consider any representations made within the period specified in the notice about the proposed amendment or the date from which it would take effect.

3

A notice under sub-paragraph (2) must—

a

state that the GEMA proposes to make an amendment;

b

set out the proposed amendment and its effect;

c

specify the date from which the GEMA proposes that the amendment will have effect;

d

state the reasons why the GEMA proposes to make the amendment.

4

The persons mentioned in sub-paragraph (2)(a) are—

a

each person who is a party to the contract to which the proposed amendment relates;

b

any person liable by virtue of paragraph 12 to make a payment by way of compensation as a result of the proposed amendment;

c

such other persons as the GEMA considers appropriate.

5

If, after complying with sub-paragraphs (2) to (4) in relation to an amendment, the GEMA decides to make an amendment, it must send a notice to the persons listed in sub-paragraph (4) about the decision.

6

A notice under sub-paragraph (5) must—

a

state that the GEMA has decided to make the amendment;

b

set out the amendment and its effect;

c

specify the date from which the amendment has effect;

d

state how the GEMA has taken account of any representations made in the period specified in the notice under sub-paragraph (2);

e

state the reason for any differences between the amendment set out in the notice and the proposed amendment.

7

In this paragraph, “amend”, in relation to a contract, includes terminate.