# The Electricity and Gas (Competitive Tenders for Smart Meter Communication Licences) Regulations 2012, Regulation 11: Proposal stage: first tender exercise

Extent: E+W+S

(1) This regulation applies to a tender exercise in respect of the grant of the first electricity smart meter communication licence and the first gas smart meter communication licence to be granted after these Regulations come into force.
(2) The competent authority may give a notice providing further regulated business information, including—
(a) information which modifies or supplements any information provided in the proposal documentation or in a previous notice given under this paragraph; or
(b) an instruction to disregard any information provided in the proposal documentation or in a previous notice given under this paragraph.
(3) A notice under paragraph (2) may be given—
(a) after the competent authority has issued the proposal documentation; and
(b) prior to—
(i) the date and time specified in the proposal documentation for the submission of proposals to the competent authority; or
(ii) where a notice has previously been given under paragraph (2) and in accordance with paragraph (7) the date and time for submission of proposals to the competent authority has been modified, the modified date and time.
(4) The competent authority must give a notice under paragraph (2) where it determines that—
(a) the matters contained in the regulated business information provided in the proposal documentation have materially changed—
(i) since the issue of that documentation; and
(ii) during the period in which a notice under paragraph (2) may be given; and
(b) that the giving of the notice is necessary in order to ensure that the evaluation of proposals under regulation 12 is fair and equitable to all qualified bidders.
(5) Subject to paragraph (10), a notice given under paragraph (2) in accordance with paragraph (4) must contain revised regulated business information reflecting the matters which have changed.
(6) Where the competent authority intends to give a notice under paragraph (2), it must determine whether it is necessary in the circumstances to modify the date and time specified in the proposal documentation for the submission of proposals to the competent authority (or such time as modified by a previous notice under paragraph (2)).
(7) Where the competent authority determines in accordance with paragraph (6) that it is necessary to make a modification, it must specify a new date and time for the submission of proposals to the competent authority in the notice given under paragraph (2).
(8) The new date and time specified in accordance with paragraph (7) must not be earlier than—
(a) the date and time specified in the proposal documentation; or
(b) where that date and time has been previously modified on one or more occasions in accordance with paragraph (7), the date and time specified in the most recent modification.
(9) A qualifying bidder who has submitted a proposal prior to the giving by the competent authority of a notice under paragraph (2) may submit a modified proposal in accordance with—
(a) the date and time requirements specified in the proposal documentation (or where applicable such date and time requirements as modified in accordance with paragraph (7)); and
(b) any other requirements specified in the proposal documentation.
(10) The competent authority may withhold any information which it would be required to provide in accordance with paragraph (5) where the competent authority determines that the disclosure of such information—
(a) would be contrary to law; or
(b) would prejudice the legitimate commercial interests of any person (except where that person is a qualifying bidder) and that person has not given their consent to it being disclosed.

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Source: https://www.legislation.gov.uk/uksi/2012/2414/regulation/11 (the official version)
Page: https://openlegislation.uk/electricity-and-gas-competitive-tenders-for-smart-meter-communication-licences-regulations-2012/regulation-11
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.