HomeRulebook HomeBalancing and Settlement CodeBSCBSC Section H GeneralBSC Section H General V 42 0
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CONTENTS

  • SECTION H: GENERAL
    • 1. STRUCTURE
      • 1.1 Introduction
      • 1.2 Internal structure
      • 1.3 Establishment of Code Subsidiary Documents
      • 1.4 Access to Code
      • 1.5 Precedence
      • 1.6 Relationship with other documents
      • 1.7 IPR Litigation Requirements Document
    • 2. COMMENCEMENT AND TERM
      • 2.1 Term
      • 2.2 Implementation Scheme
      • 2.3 Go-live Date
      • 2.4 Not Used
      • 2.5 Effective Dates of Modification Proposal P344
    • 3. DEFAULT
      • 3.1 Events of Default
      • 3.1A Default Values or Parameters Established by the Panel
      • 3.2 Consequences of Default
      • 3.3 Application
    • 4. CONFIDENTIALITY AND OTHER INTELLECTUAL PROPERTY RIGHTS
      • 4.1 Interpretation
      • 4.2 Party obligations
      • 4.3 BSCCo and BSC Clearer obligations
      • 4.4 Confidentiality for the NETSO
      • 4.5 Additional provisions
      • 4.6 Data ownership
      • 4.7 Other Intellectual Property Rights
      • 4.8 Data Protection
      • 4.9 Not used
      • 4.10 Privilege
    • 5. AUDIT
      • 5.1 BSC Audit
      • 5.2 Terms of reference for BSC Auditor
      • 5.3 Required contract terms
      • 5.4 Reporting
      • 5.5 Access/co-operation
      • 5.6 Corrective Action
      • 5.7 BM Auditor
    • 6. LIABILITY AND RELATED ISSUES
      • 6.1 Relationship between Parties
      • 6.2 Limitation of liability
      • 6.3 Exclusion of certain rights and remedies
      • 6.4 General provisions
    • 7. DISPUTE RESOLUTION
      • 7.1 Arbitration
      • 7.2 Third Party Claims
    • 8. REFERENCES TO THE AUTHORITY
      • 8.1 General provisions
    • 9. GENERAL
      • 9.1 Assignment
      • 9.2 Notices
      • 9.3 Waiver
      • 9.4 Rights of Third Parties
      • 9.5 Language
      • 9.6 Severance of Terms
      • 9.7 Entire Agreement
      • 9.8 Euro
      • 9.9 Jurisdiction
      • 9.10 Governing law
      • 9.11 Directions related to national security
      • 9.11.1 The Parties acknowledge that:
      • (a) the Secretary of State may issue a direction to the NETSO as referred to in condition B4 of the ESO Licence where, in the opinion of the Secretary of State, there is a risk relating to national security that may detrimentally impact the resilience, safety or security of the energy system, or the continuity of essential services, and it is in the interest of national security that a direction should be issued to the NETSO ("national security direction");
      • (b) the NETSO must comply with any such national security direction and is not required to comply with any other obligation in the ESO Licence, where and to the extent that compliance with that obligation would be inconsistent with the requirement to comply with such national security direction, for the period set out in that direction. This includes the requirement set out in condition E3 of the ESO Licence to comply with the Code;
      • (c) the NETSO is required under condition B4 of its ESO Licence to inform the Secretary of State of any conflict with the obligations as identified in 9.11.1(b) as soon as reasonably practicable after the conflict is identified. The NETSO will include in such a notice, details of any identified impact or non-compliance that will be caused or will be likely to be caused to Parties, and in such a case will also seek clarification of whether this can be shared with the affected Party.
      • 9.11.2 Where reasonably practicable and subject to the agreement of the Secretary of State to share any such specific details, the NETSO will inform affected Parties as identified in 9.11.1(c) of what actions the NETSO will or has taken, or not taken, to comply with a national security direction or amended national security direction (including when such a direction is revoked) and what identified impact or non-compliance this will or is likely to cause to each affected Party.
      • 9.11.3 The NETSO’s obligations under the Code shall be suspended without liability where and to the extent that compliance with any such obligation would be inconsistent with the requirement upon the NETSO to comply with a national security direction.
      • 9.11.4 A Party (other than the NETSO)’s obligations under the Code shall be suspended without liability where and to the extent that the Party (other than the NETSO) is unable to comply with any such obligation as a result of any action taken, or not taken, by the NETSO to comply with a national security direction.
      • 9.11.5 The Secretary of State may at any time amend or revoke any national security direction.
      • 9.12 Advisory and information requests
    • 10. BSC SANDBOX
      • 10.1 BSC Derogations
      • 10.2 Applications for a BSC Derogation
      • 10.3 Sandbox Send Back Process
      • 10.4 Impact of BSC Derogation
      • 10.5 Trial Period Duration
      • 10.6 BSC Derogation Transition and Exit
      • 10.7 Derogation Reporting and Monitoring
      • 10.8 BSCCo Derogation Reporting
    • 11. OPEN DATA
      • 11.1 The Balancing Mechanism Reporting Service Change Board
      • 11.2 Data Disclosure Requests
      • 11.3 Appeals
    • AMENDMENT RECORD – SECTION H

BSC Section H: General V42.0

Effective From Date:01/10/2024
Status:SUPERSEDED
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