9.—(1) A hydrogen production counterparty must promptly notify the Secretary of State if it is, or considers that it is likely to be, unable to perform a function conferred on it under or by virtue of—
(a)the Energy Act 2023;
(b)subordinate legislation made under that Act; or
(c)a contract it has entered into in pursuance of that Act or that subordinate legislation.
(2) 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.