These Regulations may be cited as the Hydrogen Production Revenue Support (Directions, Eligibility and Counterparty) Regulations 2023 and come into force on the day after the day on which they are made (“the commencement date”).

These Regulations extend to England and Wales, Scotland and Northern Ireland.

References to a numbered section are to that section as numbered in the Energy Act 2023.

These Regulations apply for the purposes of a hydrogen production revenue support contract2 entered into pursuant to a direction made by the Secretary of State under section 66(1).

In this regulation—

• “standard compliant hydrogen” means hydrogen produced in accordance with the low carbon hydrogen standard;

• “the low carbon hydrogen standard” means the document published by the Secretary of State in April 2023 entitled “UK Low Carbon Hydrogen Standard - Version 2” or such standard as may be from time to time published for the purposes of these Regulations by the Secretary of State3.

Where, pursuant to regulation 2(1) (low carbon hydrogen standard), the Secretary of State publishes a new or revised low carbon hydrogen standard for the purposes of these Regulations, the publication of the new or revised standard must include, or be accompanied by, a statement in writing that it is published to replace the previous version of the standard.

But a low carbon hydrogen producer is not to be regarded as an eligible low carbon hydrogen producer if its proposal to produce standard compliant hydrogen involves the use of existing facilities without the carrying out of works to increase the capacity of those facilities to produce such hydrogen.

A person who is an eligible low carbon hydrogen producer is not subsequently rendered ineligible merely on account of the publication of a new version of the low carbon hydrogen standard, but a direction issued by the Secretary of State pursuant to section 66(1) may require a hydrogen production revenue support contract to be offered on terms that require compliance with a later version of the standard.

The Secretary of State must send a copy of the direction to the eligible low carbon hydrogen producer specified in it by the end of the fifth working day following the day on which the direction is given.

For the purposes of this regulation, “working day” means any day except a Saturday, a Sunday, Christmas day, Good Friday or a bank holiday within the meaning of the Banking and Financial Dealings Act 1971 in England and Wales.

Where an offer lapses in the circumstances referred to in paragraph (1), the hydrogen production counterparty must forthwith notify the eligible low carbon hydrogen producer of that fact.

The Secretary of State may by notice in writing revoke a direction given pursuant to section 66(1) provided that, where an offer has been made pursuant to that direction, that offer has not been accepted in writing by the eligible low carbon hydrogen producer to which it is made.

A notice given under paragraph (1) is of no effect unless it is delivered to the eligible low carbon hydrogen producer named in that direction and the hydrogen production counterparty.

A notice given under paragraph (1) must specify the date on which it is made and identify the direction to which it relates.

A hydrogen production counterparty must, subject to any redaction required by virtue of paragraph (2), publish each hydrogen production revenue support contract to which it is a party as soon as reasonably practicable.

Paragraph (2) does not apply to the low carbon hydrogen strike price (as defined in paragraph 8 of the Schedule).

Nothing in this regulation prevents the inclusion on the register established and maintained under regulation 7(2) of information that the hydrogen production counterparty is required to enter onto that register.

A hydrogen production counterparty must, as soon as is reasonably practicable, assign a unique identifier to any hydrogen production revenue support contract to which it is a party.

A hydrogen production counterparty must establish and maintain a register in accordance with the requirements of the Schedule to these Regulations.

The hydrogen production counterparty must make arrangements for access to the register to be made available online.

The hydrogen production counterparty must make such arrangements as are reasonable in the circumstances, to make the register available for inspection at its premises by any person who requests such access in writing.

Where this regulation applies, the Secretary of State must provide the hydrogen production counterparty to that contract with separate estimates in relation to the costs referred to in paragraph (1)(a) and paragraph (1)(b), as applicable.

The estimates must be expressed in pounds sterling per megawatt hour of hydrogen produced.

The hydrogen production counterparty must provide such assistance as the Secretary of State may require with a view to securing the performance of that function, including the provision of such information as the Secretary of State may require.