Regulation 42 Qualifying arrangements: prescribed requirements

There are hereby prescribed as the requirements which arrangements must satisfy in order to count as qualifying arrangements for the purposes of section 33 of the Act–

(a)

that if the arrangements provide for the giving to the person prescribed for the purposes of section 33(1)(b) of an authority to make all payments mentioned in section 33(1)(c) to a single person on behalf of all the public electricity suppliers who are party to the arrangements, such authority shall be–

(i)

in a form acceptable to the person so prescribed; and

(ii)

irrevocable (except by the unanimous agreement of all the suppliers who are party to the arrangements) for so long as any payments mentioned in section 33(1)(c) fall to be made to such suppliers; and

(b)

in relation only to arrangements securing the availability of capacity from any non-fossil fuel generating station and made in consequence of any order under section 32 of the Act made after 31st March 1990, that, before evidence of the making of the arrangements is produced to the Director, particulars of those arrangements shall have been furnished by the public electricity suppliers concerned to the Director General of Fair Trading to enable him to express a view (if he so wishes) on the effect of the arrangements on competition.