Regulation 8
1. The requirements in this paragraph are that the developer has–
(a)entered into a bilateral agreement with the holder of a co-ordination licence in accordance with the arrangements for connection and use of the transmission system;
(b)entered into an agreement for lease of the seabed with the Crown Estate Commissioners(1);
(c)secured financing to obtain the preliminary works for the transmission assets and provided the Authority with evidence in writing of how those preliminary works will be obtained; and
(d)provided the Authority with evidence in writing of its commitment to secure financing to construct the relevant generating station.
2. The requirements in this paragraph are that the developer has–
(a)entered into a bilateral agreement with the holder of a co-ordination licence in accordance with the arrangements for connection and use of the transmission system;
(b)entered into an agreement for lease of the seabed with the Crown Estate Commissioners;
(c)obtained all necessary consents and property rights for the transmission assets to be constructed and maintained and ensured that any such consents or property rights which are capable of being assignable to the successful bidder are so assignable;
(d)completed construction of, or entered into all necessary contracts for the construction of the transmission assets and ensured that any such contracts are assignable to the successful bidder; and
(e)secured financing to construct the transmission assets.
3. Where the Authority considers that the developer has not met the requirements in paragraph 2(c) or (d), it may deem a project to be a qualifying project for those purposes, where the Authority is satisfied that the developer will use its reasonable endeavours to meet those requirements within a reasonable time period, such period to be notified by the Authority to the developer.
The Crown Estate Commissioners are a body corporate under section 1(1) of the Crown Estate Act 1961 (c.55).