The Hydrogen Production Revenue Support (Directions, Eligibility and Counterparty) Regulations 2023

Directions pursuant to section 66(1) of the Energy Act 2023

3.—(1) A direction given by the Secretary of State to a hydrogen production counterparty(1) pursuant to section 66(1), must—

(a) be in writing;

(b) specify the date on which it is given;

(c) specify the name of the eligible low carbon hydrogen producer (and its registered number if it is a company) with whom the counterparty is required to offer to contract;

(d) specify the terms that must be included in the hydrogen production revenue support contract to be offered by the hydrogen production counterparty to the eligible low carbon hydrogen producer;

(e) prohibit the hydrogen production counterparty from modifying those terms (whether by making additions, omissions, amendments, substitutions or otherwise) when offering to contract except with the prior written consent of the Secretary of State;

(f) specify the date by the end of which the hydrogen production counterparty must comply with the direction; and

(g) specify the length of time for which the offer must be open for acceptance by the eligible low carbon hydrogen producer.

(2) The date specified for the purposes of paragraph (1)(f), must—

(a) in the case of a direction given on a working day, be no earlier than the twentieth working day beginning with the day on which the direction is given;

(b) in the case of a direction given on a day that is not a working day, be no earlier than the twentieth working day beginning with the first working day following the day on which the direction is given.

(3) 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.

(4) 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.

(1)

The expression “hydrogen production counterparty” means a person designated under section 65(1) of the Energy Act 2023 to be a counterparty for hydrogen production revenue support contracts – see section 65(3).