Regulation 38 Form and content of specified terms

For the purposes of regulation 37(1)(b) the terms must include terms that set out—

(a)

the circumstances in which the revenue collection counterparty must make payments to the specified person;

(b)

any circumstances in which the revenue collection counterparty is not required to make payments to the specified person;

(c)

the circumstances in which the specified person must make payments to the revenue collection counterparty;

(d)

any circumstances in which the specified person is not required to make payments to the revenue collection counterparty;

(e)

where the specified person’s relevant licence requires that payments under paragraph (a) or (c) are to be calculated in accordance with amounts notified to the revenue collection counterparty by the Authority, that payments must be calculated in accordance with that requirement;

(f)

where the specified person’s relevant licence requires that payments are not required to be paid by the revenue collection counterparty to the specified person (or vice versa), that the circumstances set out under paragraph (b) or (d) must be in accordance with that requirement;

(g)

the periods within which amounts payable by virtue of paragraph (a) or (c) must be paid;

(h)

the circumstances in which the specified person is required to receive the consent of the revenue collection counterparty before transferring the contract or assigning its rights or obligations under the contract;

(i)

a mechanism for the sharing of information between the parties to the contract; and

(j)

details of any information included in the terms that is confidential information for the purposes of regulation 40(3).