Regulation 45B Gas or heat operator calculationsF1
For the purposes of paragraph 1(2)(c) of Schedule 4 to the 2023 Act—
the amount of gas or heat supplied to the network is to be calculated using the total turnover generated by the supply of gas or heat by the operator to the network (“network turnover”) during the relevant period, and
the operator’s turnover amount is to be calculated using the operator’s total turnover during the relevant period.
Where an operator’s network turnover or total turnover is not available for the entirety of the relevant period because the operator was created or commenced their activities after the beginning of the relevant period, turnover is to be calculated in accordance with paragraph (3).
An operator’s network turnover and total turnover is to be calculated—
where there has been no turnover during the relevant period, using credible business projections for a three-year period starting from the date of contract award;
in any other case, using—
any network turnover or total turnover, as the case may be, generated during the relevant period, and
credible business projections, starting from the date of contract award, for such part of the three-year period as are not covered by paragraph (i).
In this regulation—
“quarter” (“chwarter”) means a period of three months beginning with 1 January, 1 April, 1 July or 1 October in any given year;
“relevant period” (“cyfnod perthnasol”) means either—
- (a)
the period of three years ending with the date of contract award, or
- (b)
where information relating to gas and heat supplied to the network or turnover for the period in sub-paragraph (a) is not available, a three-year period corresponding with the accounting periods of the operator, ending with the last quarter before the date of contract award for which the operator has such information available.
- (a)
Annotations
Textual amendments
- F1
Regs. 45A-45D inserted (24.2.2025) by The Procurement (Miscellaneous Amendments) (Wales) Regulations 2025 (S.I. 2025/181), regs. 1(2), 6