Energy Act 2023

Meaning of “qualifying document”, “qualifying contract” and “qualifying central system”

1 (1) In this Schedule, “qualifying document” means a document that—

(a) is maintained in accordance with the conditions of a relevant licence, and

(b) is designated for the purposes of this Schedule by notice given by the Secretary of State.

(2) Where at any time after the day on which this paragraph comes into force the whole or part of the provision made by a qualifying document is incorporated into a different document (“document B”), document B is to be treated for the purposes of this Schedule as if it were a qualifying document even if it is not designated under sub-paragraph (1)(b).

(3) In this Schedule, “qualifying contract” means a contract—

(a) that constitutes the whole or part of the arrangements under which a qualifying document has effect,

(b) that relates to the governance of a qualifying document, or

(c) that is a central system contract.

(4) For the purposes of sub-paragraph (3)(c), a contract is a “central system contract” if—

(a) it relates to the operation of a qualifying central system, and

(b) the person responsible for operating or procuring the operation of the central system is a party to the contract.

(5) In this Schedule, “qualifying central system” means a central system that is designated for the purposes of this Schedule by notice given by the Secretary of State.

(6) The Secretary of State may revoke a designation under sub-paragraph (1)(b) or (5).

(7) The Secretary of State may not designate a document or central system under sub-paragraph (1)(b) or (5), or revoke a designation, except so as to give effect to a recommendation of the GEMA.

(8) Before making a recommendation to the Secretary of State for the purposes of sub-paragraph (7), the GEMA must consult such persons as it considers appropriate.