Section 6C: Competitive tenders, Electricity Act 1989

The Authority may by regulations ("tender regulations") make such provision as appears to it to be appropriate for facilitating the making by a delivery body of—

a decision whether to hold a tender exercise in relation to a relevant electricity project;

in prescribed circumstances, a determination on a competitive basis of any of the matters listed in subsection (2).

Those matters are—

the person by whom a relevant electricity project is to be carried out;

the person to whom a relevant licence is to be granted (whether for the purposes of a relevant electricity project or otherwise);

the person to whom a relevant contract is to be awarded.

The provision mentioned in subsection (1) includes—

provision for the Authority to determine, in prescribed cases, whether a tender exercise should be held, or continued, in relation to a relevant electricity project;

provision for the publication, in prescribed cases, of a proposal for a relevant licence to be granted or for a relevant contract to be awarded;

provision for the inclusion in such a proposal of an invitation to apply for such a licence or to bid for such a contract;

provision restricting applications and bids and imposing requirements as to the period within which they must be made;

provision for regulating the manner in which applications and bids are considered and determined.

The provision mentioned in subsection (1) also includes—

provision conferring functions on a delivery body;

provision authorising the Authority to conduct a review of the exercise by a delivery body of functions conferred on it by the regulations;

provision authorising the Authority to appoint another person to conduct such a review on the Authority's behalf.

The provision that may be made by virtue of subsection (4)(a) includes provision requiring a delivery body, in prescribed circumstances, to provide information about prescribed matters to the Authority.

Tender regulations—

may make provision by reference to a determination by the Authority or by a delivery body, or to the opinion of the Authority or of a delivery body, as to any matter;

may dispense with or supplement provision made in relation to applications for relevant licences by or under section 6A or 6B.

The approval of the Secretary of State is required for the making of tender regulations.

The making of a determination by virtue of subsection (2)(b) or (c) that a person is to be granted a relevant licence or awarded a relevant contract does not of itself require—

the Authority to exercise its power to grant a relevant licence to the person, or

a contract counterparty to award a relevant contract to the person,

(as the case may be).

Section 6C: Competitive tenders

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