SECTION F: MODIFICATION PROCEDURES
1. MODIFICATION OF THE CODE
1.1.1 Subject to
paragraph 1.1.8, the
Code may be modified from time to time (and may only be modified) pursuant to:
(b) the Articles 4, 5, 6 and 10 of the Guideline on Electricity Balancing, to the extent that any provisions of the Code also constitute EBGL Article 18 terms and conditions.
1.1.2 Upon service by the NETSO to the Modification Secretary of a notice of modification signed by the NETSO in accordance with a direction of the Authority issued pursuant to the ESO Licence (which may, where applicable, incorporate a direction of the Authority issued pursuant to paragraph 4 of Article 5 of the Guideline on Electricity Balancing in relation to the EBGL Article 18 terms and conditions):
(a) the Code shall be modified in accordance with the terms of such notice; and
(b) the Modification Secretary shall forthwith copy such notice to:
(v) each Industry Code Owner.
1.1.3 Subject to
paragraph 2.11.8, a modification of the
Code shall take effect from the time and date specified in the notice referred to in
paragraphs 1.1.2 and
6.3.3 or, in the absence of any such time and date, from 00:00 hours on the day next following the date of service of such notice to the
Modification Secretary (without prejudice to the
Implementation Date. the
Self-Governance Implementation Date or the
Fast Track Self-Governance Implementation Date (as the case may be), if different).
1.1.4 If the NETSO is notified by the
Authority that the
Authority does not intend to direct the NETSO to make a modification following submission of a
Modification Report pursuant to
paragraph 2.7.6, the NETSO shall notify the
Modification Secretary and the
Modification Secretary shall notify each of the persons referred to in
paragraph 1.1.2(b) accordingly.
(a) the procedures for modification of the Code as required by the ESO Licence; and
(b) the additional requirements for amending the EBGL Article 18 terms and conditions pursuant to Articles 4, 5, 6 and 10 of the Guideline on Electricity Balancing.
1.1.6 A modification made pursuant to and in accordance with
paragraph 1.1.2 shall not be impaired or invalidated in any way by any failure to comply with or give effect to the succeeding provisions of this
paragraph 1 and/or the provisions of
paragraph 2.
1.1.9 Notwithstanding
paragraph 2 and subject to
paragraph 1.1.10, the following
Code provisions may not be amended without the prior written consent of the
Secretary of State:
(b) any paragraph in this Section F to the extent only that it makes reference to the persons referred to in
paragraph 1.9.3 or refers to the
Capacity Market Rules and/or the
AF Rules;
(c)
Sections C1.2.1B,
C11,
paragraphs 1.1 and
1.2 of Annex C-1,
Section D7,
Section K3.1.2A,
Section K3.1.8,
Sections K3.3.12 to
K3.3.14 (inclusive),
Section L7.6.1A,
Sections S2.4.1(i),
S2.9 ,
S2.10 and
S4.1.1(f),
Section V5 and
Section W1.5.3;
(e) any reference elsewhere in the Code to a CFD Settlement Services Provider, a CfD Counterparty, a Contract for Difference, a CM Settlement Services Provider, the CM Settlement Body, the Capacity Market Rules and/or an EMR Legal Requirement.
1.1.10 Minor modifications (for example, any necessary changes to formatting, paragraph numbering and references to other paragraphs in the
Code) to the
Code provisions specified in
paragraph 1.1.9 that are required as a consequence of a
Modification Proposal may be made without the prior written consent of the
Secretary of State to the extent necessary to implement that
Modification Proposal.
1.1.11 Where a Modification Proposal includes a proposal to amend the EBGL Article 18 terms and conditions:
(a) the Modification Procedures set out in this Section F shall also constitute the procedures for amending or supplementing the EBGL Article 18 terms and conditions for the purposes of Articles 4, 5, 6 and 10 of the Guideline on Electricity Balancing (the "EBGL Amendment Procedures");
(b) that
Modification Proposal, the
Proposed Modification and any
Alternative Modification shall, in accordance with
paragraph 2.2.3(d)(iii) or
paragraph 2.6.13(b)(iv), constitute proposal(s) to amend the
EBGL Article 18 terms and conditions for the purposes of the
EBGL Amendment Procedures;
(c) an Approved Modification shall, to the extent that such modification includes an amendment to the EBGL Article 18 terms and conditions, also constitute an amendment to the EBGL Article 18 terms and conditions that has been approved by the relevant regulatory authority for the purposes of the EBGL Amendment Procedures;
(d) any reference to the Code in this Section F shall include, where appropriate, a reference to the EBGL Article 18 terms and conditions.
1.2 Role of the Panel, BSCCo and the Modification Secretary
1.2.1 The Panel shall be responsible for the operation of the Modification Procedures in accordance with the provisions of the Code and, in respect of amendments to the EBGL Article 18 terms and conditions, pursuant to the EBGL Delegation Letter.
1.2.2 Without prejudice to the generality of
Section B1.2.1 and to the further provisions of this Section F, the
Panel shall endeavour at all times to operate the
Modification Procedures:
(a) in an efficient, economical and expeditious manner, taking account of the complexity, importance and urgency of particular Modification Proposals;
(b) with a view to ensuring that the Code facilitates achievement of the Applicable BSC Objective(s);
(c) (subject always to
Section H1.5.1) to the extent relevant, in a manner that is consistent with the
Code Administration Code of Practice Principles; and
(d) having had regard to the impact of Modification Proposals which seek to amend or supplement the EBGL Article 18 terms and conditions on the EBGL Objectives.
1.2.3 BSCCo shall be responsible for implementing Approved Modifications in accordance with the provisions of the Code (on the terms set out in this Section F).
1.2.4 Without prejudice to the generality of
Section C1.2 and to the further provisions of this Section F,
BSCCo shall implement
Approved Modifications in an efficient, economical and expeditious manner and (subject to
paragraph 2.11.8) in accordance with the
Implementation Date contained in the notice referred to in
paragraph 1.1.2.
1.2.4A
BSCCo shall be responsible for providing assistance in relation to the
Modification Procedures, insofar as is reasonably practicable and on reasonable request, to any of the persons referred to in
paragraph 2.1.1 including assistance with:
(a) drafting a Modification Proposal;
(b) understanding the operation of the Code;
(c) such persons’ involvement in, and representation during, the Modification Procedures (including, for the avoidance of doubt, Panel and/or Workgroup meetings); and
(d) accessing information relating to Modification Proposals, Approved Modifications and/or Code Modifications.
1.2.5 The Panel shall be assisted by a secretary (to be known as the "Modification Secretary"), who shall be a person nominated and provided by BSCCo (and may but need not be the same person as the Panel Secretary) and who shall be responsible for the administration of the Modification Procedures.
1.2.6 In respect of amendments to the EBGL Article 18 terms and conditions, the Panel and BSCCo shall be responsible for performing the tasks delegated to them by the NETSO pursuant to the EBGL Delegation Letter, in each case in accordance with the provisions of the Code.
1.3 Modification Register
1.3.1 The
Panel shall establish and maintain a register (the "
Modification Register") which shall record, in such form as the
Panel may determine, the matters set out in
paragraph 1.3.3.
1.3.2 The purpose of the Modification Register shall be to assist the Panel in the operation of the Modification Procedures and to enable Parties and interested third parties to be reasonably informed of the progress of Modification Proposals and Approved Modifications from time to time.
1.3.3 The Modification Register shall record in respect of current outstanding Modification Business:
(a) details of each Modification Proposal (including the name of the Proposer, the date of the Modification Proposal and a brief description of the Modification Proposal);
(b) whether each Modification is an Urgent Modification Proposal;
(c) the current status and progress of each Modification Proposal and the anticipated date for reporting to the Authority in respect thereof;
(d) the current status and progress of each Approved Modification; and
(e) such other matters as the
Panel may consider appropriate from time to time in order to achieve the purposes set out in
paragraph 1.3.2; and
(f) whether a Modification Proposal has been assessed pursuant to the Modification Procedures as amending, or likely to amend, the EBGL Article 18 terms and conditions.
1.3.4 The Modification Register (as updated from time to time and indicating the revisions since the previous issue) shall be published on the BSC Website or (in the absence, for whatever reason, of the BSC Website) in such other manner and with such frequency (being not less than once per month) as the Panel may decide in order to bring it to the attention of Parties and interested third parties.
1.3.5 The Modification Register shall include details of:
(b) each Approved Modification which has been implemented; and
(c) each Modification Proposal that:
(ii) is the subject of a Relevant Challenge,
for a period of three months after such withdrawal, rejection or implementation, (and in the case of a Modification Proposal as described in sub-paragraph (c) determination of the relevant appeal or judicial review), or such longer period as the Panel may determine.
1.4 Monthly Progress Report
1.4.1 The
Panel shall prepare and submit to the
Authority each month a progress report (to be known as the "
Monthly Progress Report") setting out the matters referred to in
paragraph 1.4.2 in respect of the preceding month.
1.4.2 The Monthly Progress Report shall contain:
(b) the current version of the Modification Register;
(i) the priority which the
Panel is proposing to accord or is according to the
Modification Proposals contained in the
Modification Register (in accordance with
paragraph 2.2.3);
(ii) the scheduling and timetable for consideration of each Modification Proposal and completion of the Modification Report in respect thereof in the context of all other current Modification Proposals;
(iii) the impact of the priority accorded to each Modification Proposal by reference to each other pending Modification Proposal;
(d) details of any decision to amalgamate
Modification Proposals in accordance with
paragraph 2.3;
(e) details of any decision to suspend a
Definition Procedure or an
Assessment Procedure in relation to a particular
Modification Proposal and to proceed directly to the
Report Phase in accordance with
paragraph 2.2.11;
(f) details of any circumstances which lead the Panel to believe that the Implementation Date for an Approved Modification is unlikely to be met or should be brought forward and, if so, why;
(g) such other matters as the Authority may request to be included from time to time;
(h) details of any decision of the
Panel to recommend a
Conditional Implementation Date in relation to any
Modification Proposal as described in
paragraph 1.3.5(c); and
(i) the basis for each of the decisions referred to above (including, where applicable, the cost and other implications of those decisions).
1.4.3 If, following discussion with the Panel, the Authority issues a notice to the Modification Secretary requesting the Panel (in relation to developments and changes highlighted in the Monthly Progress Report):
(a) not to reject a
Modification Proposal pursuant to
paragraph 2.1.4; and/or
(b) not to amalgamate Modification Proposals as set out in the Monthly Progress Report; and/or
(c) to accord a different priority to particular Modification Proposals from that set out in the Monthly Progress Report; and/or
(d) to amend the timetable for definition and/or assessment and evaluation of a Modification Proposal,
the Panel shall comply with such notice.
1.4.4 The
Modification Secretary shall publish each
Monthly Progress Report on the
BSC Website within seven
Business Days after it is sent to the
Authority, provided that the
Modification Secretary shall exclude therefrom any matters in respect of which the
Authority issues a notice to the
Modification Secretary for the purposes of this
paragraph 1.4.4.
1.5.1 The
Panel shall establish and maintain a list of persons with relevant experience and/or expertise who may be willing to be members of a
Workgroup established pursuant to
paragraph 2.4.
1.5.2 Parties may submit suggestions to the Panel for suitable candidates to be included on such list (together with details of their relevant experience and/or expertise).
1.5.3 It is expected that Parties shall make available a reasonable level of suitably qualified personnel to act as members from time to time of
Workgroups established by the
Panel pursuant to
paragraph 2.4.
1.6.1 The Panel shall establish (and, where appropriate, revise from time to time) joint working arrangements, consistent with any IS Policies relating to change co-ordination, with each Industry Code Owner to facilitate the identification, co-ordination, making and implementation of change to Industry Codes consequent on a Code Modification in a full and timely manner.
1.6.1B The Panel shall establish (and, where appropriate, revise from time to time) joint working arrangements, consistent with any IS Policies relating to change co-ordination, with:
(a) the Secretary of State, the CM Settlement Body and any CM Settlement Services Provider (as applicable) to facilitate the identification of potential inconsistencies between a Code Modification and the Capacity Market Documents; and
(b) the Secretary of State to facilitate the identification of potential inconsistencies between a Code Modification and the CFD Documents,
in each case, in a full and timely manner.
1.6.2 The working arrangements referred to in
paragraphs 1.6.1 and
1.6.1B shall be such as enable the consideration, development and evaluation of
Modification Proposals, and the implementation of
Approved Modifications, to proceed in a full and timely manner and enable:
(a) changes to Industry Codes consequent on a Code Modification to be made and given effect wherever possible (subject to any necessary consent of the Authority) at the same time as such Code Modification is made and given effect; and
(b) potential inconsistencies between the Code Modification and the Capacity Market Documents and/or the CFD Documents (as applicable) to be raised with the CM Settlement Body, the CM Settlement Services Provider and the Secretary of State (as applicable).
1.6.2A Without prejudice to the generality of
paragraph 1.6.1,
BSCCo shall ensure that:
(a) it makes available one or more representatives to be included in the Cross Code Steering Group; and
(b) those representatives have the appropriate skills, knowledge and experience to participate in the Cross Code Steering Group, having regard to the Cross Code Steering Group Terms of Reference.
1.6.2B In respect of changes that impact more than one Energy
Code,
paragraph 1.6A shall apply.
1.6.2C BSCCo shall ensure that the REC Meta Data for all relevant REC Market Messages and REC Data Items utilised under the Code are defined within the Energy Market Data Specification administered in accordance with the REC Change Management Schedule.
1.6.3 For the purposes of this Section F:
(a) "Core Industry Documents" shall have the meaning ascribed to such term in the ESO Licence;
(e) "Capacity Market Documents" means the Capacity Market Rules, The Electricity Capacity Regulations 2014 and any other regulations made under Chapter 3 of Part 2 of the Energy Act 2013 which are in force from time to time; and
(f) "CFD Documents" means the AF Rules, The Contracts for Difference (Allocation) Regulations 2014, The Contracts for Difference (Definition of Eligible Generator) Regulations 2014 and The Contracts for Difference (Supplier Obligation) Regulations 2014 and any other regulations made under Chapter 2 of Part 2 of the Energy Act 2013 which are in force from time to time.
1.6.4 The Parties shall comply with the procedures set out in any IS Policies relating to the co-ordination of change, including ensuring that a person is appointed within their organisation with overall responsibility for changes to the Code and Code Subsidiary Documents.
1.6A Changes that impact multiple Energy Codes
1.6A.1 For the purposes of this Section F:
(a) "Cross Code Change Package" means a group of changes to Energy Codes consisting of a modification to a Lead Code and one or more Consequential Changes;
(b) "Cross Code Steering Group" means the group of that name described in the Change Management Schedule to the REC;
(c) "Consequential Change" means a modification proposal to an Energy Code which the Cross Code Steering Group has designated as such, and which they consider is necessary to give full and timely effect to a potential modification to a different Energy Code;
(d) "Lead Code" means the Energy Code which the Cross Code Steering Group has designated as being the Lead Code for the purpose of progressing a modification proposal that is likely to have an impact on any other Energy Codes;
(e) "Energy Code" means a code or agreement specified as such in the Cross Code Steering Group’s terms of reference;
(f) "Energy Market Data Specification" has the meaning given to the term "Data Specification" in the REC;
(g) "REC Data Item" has the meaning given to the term "Data Item" in the REC;
(h) "REC Market Message" has the meaning given to the term "Market Message" in the REC;
(i) "REC Meta Data" means the meta data described in the Energy Market Data Specification;
1.6A.2 In respect of a Modification Proposal that forms part of a Cross Code Change Package, where the Cross Code Steering Group determines that the Code is to be the Lead Code for that Modification Proposal:
(a) BSCCo and the Panel shall progress that Modification Proposal in accordance with the modification procedures;
(b) BSCCo shall coordinate with the code administrators of the other affected Energy Codes so that they can manage the processes under their Energy Codes in parallel with the Modification Procedures;
(c) where, in respect of a Self-Governance Modification Proposal, the Panel:
(i) approves that
Modification Proposal pursuant to
paragraph 6; and
(ii) one or more of the associated Consequential Changes raised under another Energy Code is not approved,
the
Panel shall, within thirty days of its decision to approve a
Modification Proposal, take one of the steps described in
paragraph 1.6A.3.
1.6A.3 Where the circumstances referred to in
paragraph 1.6A.2(c) have occurred the
Panel shall:
(a) refer the Modification Proposal to the Authority (and, as a result, all Consequential Changes shall also be referred to the Authority pursuant to the provisions of the relevant Energy Code(s));
(b) determine that the Modification Proposal is not approved and will not be implemented; or
(c) refer the
Modification Proposal to the
Proposer or (if the
Assessment Procedure has been followed) the
Workgroup in accordance with
paragraph 1.6A.5(c).
1.6A.4 In respect of a Modification Proposal that forms part of a Cross Code Change Package, where the Cross Code Steering Group determines that another Energy Code is to be the Lead Code, BSCCo and the Panel shall progress the Consequential Change to this Code in accordance with the Modification Procedures, in accordance with the following:
(a) BSCCo and the Panel shall, as far as reasonably possible, progress the Consequential Change to this Code in parallel with the modification to the Lead Code, and subject to the timetable to be determined under the Lead Code;
(b) in respect of a Self-Governance Modification Proposal, the Modification Proposal comprising the Consequential Change to this Code shall only be deemed to be approved where:
(i) the
Panel approves that
Modification Proposal pursuant to
paragraph 6; and
(ii) the modification to the Lead Code is approved,
in each case, and where applicable, subject to the appeal mechanisms available under the respective Energy Codes for self-governance modifications;
(c) where the modification to the Lead Code is approved, and one or more Consequential Changes are rejected, the Lead Code may refer the modification to that Energy Code to the Authority in which case the Consequential Change to this Code shall also be deemed to be referred to the Authority for decision;
(d) where the
Panel has rejected the Consequential Change to this
Code or the modification to the Lead
Code is to be amended to facilitate the approval of the applicable Cross
Code Change Package, the
Panel may refer the
Modification Proposal to the
Proposer or (if the
Assessment Procedure has been followed) the
Workgroup in accordance with
paragraph 1.6A.5(c);
(e) subject to
paragraph 1.6A.4(d), where the modification to the Lead
Code is rejected, the Consequential Change to this
Code shall be deemed to be not approved and such
Modification Proposal will not be implemented.
1.6A.5 For the purposes of this Section F:
(a) where the
Panel makes a recommendation pursuant to
paragraph 2.7.7 or a determination pursuant to
paragraph 6 in respect of a
Modification Proposal forming part of a Cross
Code Change Package (or which is otherwise consequential to a change to a
Core Industry Document), the
Panel’s recommendation or determination may be conditional on the approval of the associated changes or modifications to other Energy
Codes or
Core Industry Documents;
(b) where a
Self-Governance Modification Proposal has been referred to the
Authority under
paragraph 1.6A.3(a) or
1.6A.4(c), the
Panel’s determination under
paragraph 6 shall, for the purposes of the
Code, be treated as a
Modification Report containing a recommendation of the
Panel pursuant to
paragraph 2.7.7; and
(c) where a
Modification Proposal has been referred back to a
Proposer or a
Workgroup under
paragraph 1.6A3(c) or
1.6A4(d), that referral shall be for the purposes of varying the
Modification Proposal (and in making such referral, the
Panel may give to the
Proposer or
Workgroup such guidance as it considers necessary to enable the
Proposer or
Workgroup to amend the
Modification Proposal in such a way as would facilitate the approval(s) of that
Modification Proposal and the relevant Cross
Code Change Package).
1.7.1 If the
Authority issues a direction to the NETSO pursuant to condition E1 of the ESO
Licence in the circumstances described in
paragraph 1.7.3, the following provisions shall apply in relation to a particular
Modification Proposal or
Approved Modification:
(a) the NETSO shall be entitled to, and shall, assume responsibility for the Modification Procedures to the extent, on the terms and for the period set out in such direction;
(b) the Panel, the Panel Chair, the Modification Secretary and BSCCo shall provide such assistance to the NETSO and shall take such steps as the NETSO may reasonably request to enable the NETSO to comply with such direction (and, in the case of BSCCo, such assistance shall include the provision at the cost of BSCCo of all necessary data, facilities, suitably qualified staff and other support and the exercise and enforcement, at the request of the NETSO, of relevant rights under the BSC Agent Contracts);
(c) subject to
paragraph 1.7.1(b), the powers, functions and duties of the
Panel, the
Panel Chair, the
Modification Secretary and
BSCCo in relation to the
Modification Procedures shall be suspended to the extent and for the period that the NETSO is to assume responsibility for the
Modification Procedures as set out in such direction;
(d) the NETSO shall assume (and there are hereby conferred on the NETSO) the powers, functions and duties of the Panel, the Panel Chair, the Modification Secretary and BSCCo in relation to the Modification Procedures to the extent and for the period that the NETSO is to assume responsibility for the Modification Procedures as set out in such direction;
(e) the NETSO shall operate the
Modification Procedures in accordance with the provisions mutatis mutandis of this Section F and having regard, wherever possible, to the provisions of
Section B and
Section C as they relate to the
Modification Procedures;
(f) the costs and expenses of the NETSO properly incurred in the operation of the
Modification Procedures pursuant to such direction (as approved by the
Authority) shall be paid by
BSCCo to the NETSO and recovered by
BSCCo from Trading Parties in accordance with the provisions of
Section D;
(g) the benefit of
Section B2.9.1 shall be extended to apply to the NETSO, as if references to a
Panel Member were to the NETSO, to the extent that the NETSO is carrying out the functions of the
Panel pursuant to this
paragraph 1.7.
1.7.2 The NETSO shall notify the
Modification Secretary as soon as possible after receipt of any direction referred to in
paragraph 1.7.1 and the
Modification Secretary shall copy such direction forthwith to:
(e) where the Modification Proposal or Approved Modification affects a Core Industry Document and/or the System Operator-Transmission Owner Code, the relevant Core Industry Document Owner and/or the STC Committee respectively.
(a) in the Authority's opinion, the Panel and/or BSCCo is failing or is likely to fail in any material respect to comply with the provisions of this Section F as they relate to the operation of the Modification Procedures and/or the implementation of Approved Modifications in respect of a particular Modification Proposal or Approved Modification; and
(b) the Authority has given notice to the Modification Secretary requiring the Panel or BSCCo (as the case may be) to comply with such provisions within the time specified in such notice; and
(c) the Panel or BSCCo (as the case may be) fails to do so in any material respect within the time specified in such notice (or such longer period as the Authority may agree).
1.7.4 The
Modification Secretary shall copy any notice given pursuant to
paragraph 1.7.3 to:
1.8 Transitional Arrangements
1.8.1 The provisions of this Section F as they relate to modification of the Code shall be suspended for the period set out in the Implementation Scheme.
1.8.2 If the Code is modified pursuant to the Implementation Scheme, the Panel may following the Go-live Date or, at the request of any Party, shall order a review of such modification to be carried out by a Workgroup, on such terms as the Panel may decide, within three months after the Go-live Date in order to assess whether the purpose of the modification could be achieved more efficiently in another way.
1.8.4 The results of the review referred to in
paragraph 1.8.2 shall be sent to the
Authority and to each person referred to in
paragraph 1.1.2(b) and published by the
Panel in such manner as the
Panel sees fit.
1.9.1 For the purposes of this Section F, in relation to an Approved Modification, 'implement' (and derivative terms) shall mean 'bring into operational effect'.
1.9.2 A reference in any provision of the Code to the "Relevant Implementation Date" is to the Implementation Date of the Approved Modification pursuant to which that provision (in its current form) applies.
1.9.3 For the purposes of this Section F, in relation to the consultation of interested third parties, the term ‘interested third parties’ shall include the Secretary of State, a CfD Counterparty, the CM Settlement Body, a CFD Settlement Services Provider and any CM Settlement Services Provider.
1.9.4 For the purposes of this Section F, "Code Embedded DIP Rule" means:
(a) paragraphs 1.9.4, 1.9.5, 2.1.1(j), 2.6.6(f), 2.7.7(f) and 2.8A of this Section F and Annex F-1 1(k)(v);
(b) Section C3.1.1(z), Section D2.1.1(b)(v), Section D4.7, Section D6.7, Section H1.2.1(c), Section H1.3A, Section H3.2.1(g);
(c) any reference elsewhere in the Code to the DIP Applicable Objectives, the DIP Manager, the DIP Change and Advisory Board (DCAB), the DIP Rules or the DIP Supplement; and
(d) all terms and expressions that are defined in the DIP Rules or are defined in Annex X-1 and that are used only in the Code provisions specified in paragraphs 1.9.4(a), (b) and (c).
1.9.5 For the purposes of this Section F, in relation to the consultation of interested third parties, the term ‘interested third parties’ shall include the DIP Manager.
2. CODE MODIFICATION PROCEDURES
2.1 Modification Proposals
2.1.1 A proposal to modify the Code may be made by any of the following:
(a) a Party (other, subject to paragraph 2.1.1(i) and (j), than BSCCo or the BSC Clearer);
(b) Citizens Advice and Consumer Scotland;
(c) such other
Third Party Proposers as may be designated in writing for this purpose by the
Panel from time to time in accordance with
paragraph 2.1A;
(ii) subject to
paragraph 2.1.1(i), on the recommendation of
BSCCo following receipt by
BSCCo of a change request proposing a change to a
Core Industry Document and/or the
System Operator-Transmission Owner Code which would, if made, have an impact on the
Code;
(iii) on the recommendation of BSCCo where BSCCo becomes aware of a change in circumstances, since approval of a Proposed Modification, which would make the implementation of that Approved Modification impossible or significantly more costly than anticipated at the time such Modification was approved or no longer relevant;
(iv) on the recommendation of BSCCo to rectify manifest errors in or to correct minor inconsistencies (or make other minor consequential changes) to the Code;
(v) on the recommendation of the Trading Disputes Committee in consequence of a Trading Dispute;
(vi) on the recommendation of the
Performance Assurance Board in accordance with
Section Z8.2;
(vii) on the recommendation of a report in relation to a
VoLL Review in accordance with
Section T1.12;
(ix) in order to address the findings of a review conducted by the
Panel in accordance with
Section F2.1A.8,
provided that, where the
Panel decides to make a proposal in any of the circumstances set out in paragraphs (i) to (viii), such proposal shall be without prejudice to the
Panel's decision, pursuant to
paragraph 2.7, as to whether or not to recommend to the
Authority that such modification should be made;
(e) a CfD Counterparty to reflect a proposed change to the CFD Arrangements which would, if made, have an impact on the Code;
(f) the CM Settlement Body to reflect a proposed change to the CM Arrangements which would, if made, have an impact on the Code;
(g) the Authority in relation to modifications which it reasonably considers are necessary to comply with or implement the Electricity Regulation and/or any relevant legally binding decisions of the European Commission and/or the Agency, but a binding decision does not include a decision that is not, or so much of a decision that is not, Assimlated Law;
(h) the Authority in relation to a Modification Proposal that is in respect of a Significant Code Review;
(i) the REC Code Manager or BSCCo in respect of a Modification Proposal that has been designated as a Consequential Change to this Code by the Cross Code Steering Group; and
(j) the DIP Manager and any DIP User (even where not a Party) in relation only to a Modification Proposal that amends the DIP Supplement or to a Code Embedded DIP Rule.
2.1.2 A proposal made pursuant to
paragraph 2.1.1 shall be submitted in writing in accordance with
BSCP40, and shall contain the following information in relation to such proposal:
(a) the name of the Proposer;
(b) the name of the representative of the
Proposer (and their alternate) who shall represent the
Proposer in person for the purposes of this
paragraph 2;
(c) a description (in reasonable but not excessive detail) of the issue or defect which the proposed modification seeks to address;
(d) a description (in reasonable but not excessive detail) of the proposed modification and of its nature and purpose;
(e) where possible, an indication of those parts of the Code which would require amendment in order to give effect to (and/or would otherwise be affected by) the proposed modification and an indication of the nature of those amendments or effects;
(f) the reasons why the Proposer believes that the proposed modification would better facilitate achievement of the Applicable BSC Objective(s) as compared with the then current version of the Code and an indication of the impact of the proposed modification on greenhouse gas emissions where the Proposer believes that such impact is likely to be material;
(g) where possible, an indication of the impact of the proposed modification on Core Industry Documents and/or the System Operator-Transmission Owner and/or an Industry Code and an indication of potential inconsistencies of the proposed modification with the Capacity Market Documents and/or the CFD Documents;
(h) where possible, an indication of the impact of the proposed modification on BSC Systems and on other relevant computer systems and processes used by Parties;
(i) where the
Proposer has recommended that the proposal should be treated as an
Urgent Modification Proposal in accordance with
paragraph 2.9, its reasons why the proposal should be treated as such;
(j) whether the proposal should be treated as a Self-Governance Modification Proposal and the Proposer’s reasons why the proposal should be treated as such;
(k) where applicable, whether the proposal should be treated as a SCR Exempt Modification Proposal and the Proposer’s reasons why the proposal should be treated as such; and
(l) where possible, an indication of whether the Modification Proposal seeks to amend the EBGL Article 18 terms and conditions.
2.1.3 If a submitted proposal fails in any material respect to comply with the requirements of
paragraph 2.1.2 (excluding paragraphs (e), (g) (h) and (l) thereof) and with the exception of
paragraphs 2.1.1(g) and
8.2, the
Modification Secretary may refuse to accept such submission provided that:
(a) the Modification Secretary shall furnish the Proposer with the reasons for such refusal;
(b) the Modification Secretary shall report such refusal to the Panel at the next Panel meeting;
(c) if the
Panel decides to reverse the
Modification Secretary's decision to refuse the submission, the
Modification Secretary shall notify the
Proposer accordingly and the proposal shall be dealt with in accordance with the succeeding provisions of this
paragraph 2; and
(d) nothing in this
paragraph 2.1.3 shall prevent a
Proposer from submitting a revised proposal in compliance with the requirements of
paragraph 2.1.2 in respect of the same subject-matter.
2.1.4 Without prejudice to the development of any
Alternative Modification pursuant to
paragraph 2.6.2 but subject to
paragraph 5.3.2 and
8.5, the
Panel may refuse to accept the submission of a proposal made pursuant to
paragraph 2.1.1 (with the exception of
paragraphs 2.1.1(g) and
2.1.10A) if and to the extent that such proposal has, in the opinion of the
Panel, substantially the same effect as:
(a) a Pending Modification Proposal; or
(b) a Rejected Modification Proposal, where such proposal is made at any time within two months after the decision of the Authority not to direct the NETSO to modify the Code pursuant to the ESO Licence in the manner set out in such Modification Proposal.
(a) a "Pending Modification Proposal" is a Modification Proposal in respect of which, at the relevant time, the Authority has not yet made a decision as to whether to direct such Proposed Modification to be made pursuant to the ESO Licence (whether or not a Modification Report has been submitted in respect of such Modification Proposal); and
(b) a "Rejected Modification Proposal" is a Modification Proposal in respect of which the Authority has decided not to direct the NETSO to modify the Code pursuant to the ESO Licence in the manner set out therein.
2.1.6 The
Modification Secretary shall notify the
Proposer if the
Panel refuses to accept the submission of a proposal pursuant to
paragraph 2.1.4.
2.1.8 Subject to
paragraph 2.1.14, with a view to assisting the
Panel in its determination pursuant to
paragraph 2.2.3,
BSCCo shall prepare an initial written assessment of the implications of each
Modification Proposal as soon as reasonably practicable after such
Modification Proposal is made including an indication on whether the
Modification Proposal seeks to amend the
EBGL Article 18 terms and conditions and shall endeavour to complete such assessment such that it can be reviewed by the
Panel at the
Panel meeting at which such
Modification Proposal is first to be considered.
2.1.9 Subject to
paragraphs 2.1.14 and
2.9, the
Modification Secretary shall place the
Modification Proposal on the agenda of the next
Panel meeting in accordance with the provisions of
Section B4.1.
2.1.10 The Modification Secretary shall as soon as reasonably practicable:
(a) send a copy of the
Modification Proposal,(if available) the initial assessment prepared by
BSCCo pursuant to
paragraph 2.1.8 and (if applicable) notice that such
Modification Proposal has been submitted by a
Third Party Proposer to:
(v) Citizens Advice and Consumer Scotland;
(vii) each Core Industry Document Owner and the STC Committee; and
(b) post a copy of the Modification Proposal on the BSC Website or, failing that, publish the Modification Proposal in such other manner as may be appropriate to bring it to the attention of interested third parties.
2.1.10A Where a
Modification Proposal is raised by the NETSO in accordance with
paragraph 2.1.1 which subsequently the
Authority reasonably considers is necessary to comply with or implement the
Electricity Regulation and/or any relevant legally binding decision of the
European Commission and/or the
Agency, the
Authority shall inform the
Panel accordingly. A binding decision in this
paragraph 2.1.10A however does not include a decision that is not, or so much of a decision that is not,
Assimilated Law. Such
Modification Proposals shall:
(a) be processed by the Panel in accordance with the provisions of the Code;
(b) not be withdrawn by the NETSO and/or the
Panel pursuant to
paragraph 2.1.12 or
2.1.12A without the
Authority’s prior consent and in the event that such consent is granted shall fall under
paragraph 2.1.12B;
(c) not be amalgamated with any other
Modification Proposal in accordance with
paragraph 2.3 or otherwise without the
Authority’s prior consent; and
(d) proceed in accordance with any timetable(s) directed or amended by the Authority for the:
(i) completion of each stage of the Modification Procedure; and/or
(ii) implementation of a modification.
2.1.10B In respect of any
Modification Proposal which has been raised pursuant to
paragraph 2.1.10A the views of the relevant
Workgroup, the voting rights of the
Panel or the recommendation of the
Panel in respect of such
Modification Proposal shall not be fettered or restricted notwithstanding that such
Modification Proposal has been so raised under
paragraph 2.1.10A.
2.1.11 It shall be a condition to the right to make or adopt a proposal to modify the
Code under this
paragraph 2.1 that the
Proposer:
(a) assigns fully, irrevocably and unconditionally any and all present and future rights, IPRs or moral rights it may have in such proposal (as regards use or application in Great Britain and Offshore) to BSCCo and each Proposer acknowledges and agrees that any such rights, IPRs and moral rights shall vest in BSCCo unconditionally; and
(b) warrants that, to the best of its knowledge, information and belief, no other person has asserted to the Proposer that such person has any IPRs or moral rights or rights of confidence in such proposal.
(a) withdraw their
Modification Proposal on notice to the
Modification Secretary at any time prior to the final evaluation by the
Workgroup (in accordance with its terms of reference and working practices) of that
Modification Proposal and, subject to
paragraph 2.1.12B, any
Modification Proposal so withdrawn shall lapse; or
(b) vary their Modification Proposal on notice (which may be given verbally) to the chair of the Workgroup at any time prior to the final evaluation by the Workgroup (in accordance with its terms of reference and working practices) of that Modification Proposal provided that such varied Modification Proposal:
(i) shall address the same issue or defect originally identified by the Proposer in their Modification Proposal; and
(ii) shall be deemed to be the Proposer’s Modification Proposal.
2.1.12A Subject to
paragraph 2.1.10A,
5.3.1(b),
5.3.1A(a) and
8.3, the
Panel may (but shall not be obliged to) require a
Modification Proposal to be withdrawn at any time if, in the
Panel’s opinion, the
Proposer of that
Modification Proposal is deliberately and persistently disrupting or frustrating the work of the
Workgroup and that
Modification Proposal shall be deemed to have been so withdrawn. In the event that a
Modification Proposal is so withdrawn, the provisions of
paragraphs 2.1.12B and
2.1.12C shall apply in respect of that
Modification Proposal.
2.1.12B In relation to each
Modification Proposal that has been withdrawn pursuant to
paragraph 2.1.12(a) or
2.1.12A (other than
Urgent Modification Proposals and
Modification Proposals withdrawn following a
Backstop Direction in accordance with
paragraph 5.3B.1 in respect of which this paragraph shall not apply):
(a) the
Modification Secretary shall promptly notify the persons referred to in
paragraph 2.1.10(a);
(b) subject to
paragraph 2.1.12B(d), such withdrawn
Modification Proposal shall remain open to be adopted, in accordance with
paragraph 2.1.12B(c) for a period commencing at 1200 hours on the first
Business Day after the date of the
Modification Secretary’s notice and ending at 1200 hours on the fifth
Business Day thereafter;
(i) the adopted Modification Proposal shall continue through the Modification Procedures from the point at which it was withdrawn; and
(ii) the
Proposer of the adopted
Modification Proposal shall be entitled, pursuant to
paragraph 2.4.5(a), to appoint a member of the
Workgroup who shall replace any member appointed by the
Proposer of the withdrawn
Modification Proposal;
(d) the
Modification Proposal shall be adopted by the person whose notice is first received by the
Modification Secretary in accordance with
paragraph 2.1.12B; and
(e) where a
Modification Proposal has been withdrawn in accordance with
paragraphs 2.1.12(a) or
2.1.12A, neither the
Proposer of that
Modification Proposal, nor any
Affiliate of the
Proposer that falls within the categories listed in
paragraph 2.1.1, shall be entitled to adopt that
Modification Proposal.
2.1.12C In relation to each
Modification Proposal that has been withdrawn pursuant to
paragraph 2.1.12(a),
2.1.12A,
5.3B.1, or withdrawn and subsequently adopted pursuant to paragraph 2.1.12B, the
Modification Secretary shall promptly:
(a) revise the Modification Register; and
2.1.12D The changes effected by
Modification Proposal P247 (in respect of
paragraphs 1.3.5(a),
2.1.11,
2.1.12,
2.1.12A,
2.1.12B,
2.1.12C,
2.1.12D,
2.2.3(b)(iii),
2.2.11,
2.3.2(c),
2.4.5(a),
2.4.5C,
2.4.6,
2.4.9,
2.4.9A,
2.5.9(c),
2.9.4A,
paragraph 1(a) of Annex F-1 and the definition of
Proposer in
Section X) shall only be effective in respect of any
Modification Proposal raised, pursuant to paragraph 2.1.1, after the
Relevant Implementation Date.
2.1.13 The provisions of
Section B4 shall apply in relation to the convening and conduct of
Panel meetings for the purposes of
Modification Business.
2.1.14 Where there is a proposal made by the
Panel to modify the
Code pursuant to either
paragraph 2.1.1(d) or
Section G1.5, then the initial written assessment for that proposal may be presented at the same
Panel meeting at which that proposal is made and the provisions of
paragraph 2.2 shall apply.
2.1A Modification Proposals Submitted by Third Party Proposers
2.1A.1 An application by a person to be designated as a Third Party Proposer (such person being a "Third Party Applicant") shall be submitted in writing in accordance with BSCP40, and shall contain the following in relation to such request:
(b) the rationale of the Third Party Applicant for requesting designation as an Third Party Proposer (including information on what other steps, if any, have been taken by the Third Party Applicant to have the Code issue or defect addressed);
(c) the reasons why the Third Party Applicant believes that they have an interest in the Code; and
(d) a letter agreement substantially in the form set out in BSCP40.
2.1A.2 If an application under 2.1A.1 fails in any material respect to comply with the requirements of that paragraph then the
Modification Secretary may refuse to accept such application and the provisions of
paragraph 2.1.3 shall apply mutatis mutandis in respect of such refused application.
(a) subject to
paragraphs 2.1A.3(b) and
(c), shall consider a proposal made by a
Third Party Applicant in accordance with this Section F;
(b) before designating a person as an Third Party Proposer, may conduct such consultation with Parties and interested third parties as it considers necessary; and
(c) may refuse to accept an application for designation as a Third Party Proposer in which case the Modification Secretary shall furnish the Third Party Applicant with the Panel’s reasons for such refusal.
2.1A.4 Subject to
paragraphs 2.1A.5 and
2.1A.6, an application by a
Third Party Applicant to be designated as a
Third Party Proposer made pursuant to
paragraph 2.1A.1 and not refused pursuant to paragraph to
2.1A.2 or
2.1A.3 shall be processed as a
Modification Proposal as further provided in this
paragraph 2 and:
(a) for the purposes of this Section F, the Third Party Proposer shall be the Proposer; and
(b) the
Modification Secretary shall promptly notify the persons referred to in
paragraph 2.1.10(a) that such application has been accepted by the
Panel.
2.1A.5 Where a Third Party Applicant disagrees with a decision of the Panel not to designate them as a Third Party Proposer then such person may appeal the decision of the Panel to the Authority and the Panel shall give effect to any direction of the Authority arising from such appeal.
2.1A.6 Where a Party disagrees with the decision of the Panel to designate a person as a Third Party Proposer then such Party may appeal the decision of the Panel to the Authority.
(a) such appeal must be commenced by submitting to the
Authority an outline of the objections to the designation by no later than fifteen
Business Days after the date of the notice pursuant to
paragraph 2.1A.4(b);
(b) the
Party making such appeal shall promptly notify the
Modification Secretary and the
Modification Secretary shall, as soon as reasonably practical after it becomes aware of an appeal, notify each of the persons referred to in
paragraph 2.1.1;
(c) the proposal shall continue to be processed as a
Modification Proposal in accordance with this
paragraph 2 pending the outcome of the appeal; and
(d) if such appeal is successful then the Modification Proposal shall be nullified provided that:
(i) if any subsequent modification proposal is accepted by the Panel that has, in the opinion of the Panel, substantially the same effect as a nullified Modification Proposal then the Panel shall have due regard to any assessment, analysis and consultations already undertaken in respect of the nullified Modification Proposal when determining which procedure or phase the proposal should be submitted to and the timetable to be followed in progressing such proposal; and
(ii) for the avoidance of doubt, a nullified Modification proposal shall not be a withdrawn Modification Proposal or a Rejected Modification Proposal.
2.1A.8 The
Panel shall keep under review the volume of
Modification Proposals being proposed by
Third Party Proposers, the costs incurred by
BSCCo in the administration of such
Modification Procedures and the costs incurred by
BSCCo in supporting
Workgroups involved in the consideration of issues pursuant to
paragraph 2.4.23 which have been raised by interested third parties pursuant to
BSCP40 and:
(a) shall publish its findings on the BSC Website where it determines that there has been a material increase in volume and cost;
(b) may decide to propose a modification to the Code in order to address the findings of a review published by it pursuant to this paragraph.
2.2.2 The Proposer's representative shall attend the Panel meeting at which their Modification Proposal is first to be considered and the Panel may invite the Proposer's representative to present their Modification Proposal to the Panel.
2.2.3 In relation to each new Modification Proposal, the Panel shall determine:
(a) whether to amalgamate the
Modification Proposal with any other
Modification Proposal in accordance with
paragraph 2.3;
(i) submit the
Modification Proposal to the
Definition Procedure pursuant to
paragraph 2.5; or
(ii) submit the
Modification Proposal to the
Assessment Procedure pursuant to
paragraph 2.6; or
(iii) proceed directly to the
Report Phase pursuant to
paragraph 2.7 (in which case the
Proposer’s right to withdraw or vary their
Modification Proposal shall lapse);
(c) where the Modification Proposal is to be submitted to the Definition Procedure or the Assessment Procedure pursuant to paragraph (b):
(i) the composition or identity and terms of reference of the
Workgroup in accordance with the provisions of
paragraph 2.4;
(ii) subject to
paragraphs 2.2.8 and
2.2.9, the priority to be accorded to the
Modification Proposal (as compared with other
Pending Modification Proposals) and the timetable to apply for completion of the relevant procedure; and
(d) where the Modification Proposal is to proceed directly to the Report Phase pursuant to paragraph (b):
(i) whether the draft Modification Report shall contain a recommendation of the Panel to make the Proposed Modification;
(ii) the proposed Implementation Date for implementation, subject to the consent of the Authority, of the Proposed Modification (whether or not the Panel recommends the making of such Proposed Modification); and
(iii) whether (and the extent to which) the Modification Proposal will amend or supplement the EBGL Article 18 terms and conditions in which case:
(A) such Modification Proposal shall also constitute a proposal to amend or supplement the EBGL Article 18 terms and conditions for the purposes of Article 6(3) of the Guideline on Electricity Balancing; and
(B) even though such Modification Proposal may not have been raised by the NETSO, the NETSO hereby agrees that it shall constitute a proposal to amend the EBGL Article 18 terms and conditions but such agreement shall not fetter or restrict the NETSO’s rights under the Modification Procedures to express its views on that Modification Proposal.
2.2.4 For the avoidance of doubt, it is expected that the
Panel would usually proceed directly to the
Report Phase pursuant to
paragraph 2.2.3(b)(iii) where the
Modification Proposal is of a minor or inconsequential nature and/or where the recommendation which the
Panel should make to the
Authority in relation to such
Modification Proposal would generally be considered to be self-evident.
2.2.5 If the
Panel considers that there is insufficient information available to it to enable it to take a decision referred to in
paragraph 2.2.3 in respect of a particular
Modification Proposal, the
Panel may in exceptional circumstances and having regard always to the requirements of
paragraph 1.2.2 defer consideration of the relevant issue until the next succeeding
Panel meeting provided that, in so doing, the
Panel shall prescribe the steps which need to be taken (by the
Modification Secretary,
BSCCo or otherwise) to enable the
Panel to decide the matter at such subsequent meeting (including completion, where necessary, of an initial assessment by
BSCCo pursuant to
paragraph 2.1.8).
2.2.6 If the
Panel determines that a
Modification Proposal is to be submitted to the
Definition Procedure or the
Assessment Procedure pursuant to
paragraph 2.2.3, the
Modification Secretary shall send a notice to that effect to each of the persons listed in
paragraph 2.1.10(a) and shall invite them to provide comments to the
Workgroup in respect of such
Modification Proposal.
2.2.7 At each Panel meeting, the Panel shall consider in turn and vote (if appropriate) on any Modification Business which is outstanding at that time (including any new Modification Proposals, the report of any Workgroup and any draft Modification Reports).
2.2.8 In setting the timetable referred to in
paragraph 2.2.3(c)(ii), the
Panel shall exercise its discretion such that, in respect of each
Modification Proposal, a
Modification Report may be submitted to the
Authority as soon after the
Modification Proposal is made as is consistent with the proper definition and/or assessment and evaluation of such
Modification Proposal, taking due account of its complexity, importance and urgency.
(a) in respect of a Definition Procedure, it is no longer than two months; and
(b) in respect of an Assessment Procedure, it is no longer than three months
unless the particular circumstances of the
Modification Proposal (taking due account of its complexity, importance and urgency) justify an extension of such timetable (and provided that the
Authority has not issued a contrary direction in accordance with
paragraph 1.4.3 in respect thereof).
2.2.10 Having regard to the complexity, importance and urgency of particular
Modification Proposals, the
Panel may determine the priority of
Modification Proposals and may (subject to
paragraph 1.4.3) adjust the relevant modification timetable for each
Modification Proposal accordingly.
2.2.11 The Panel may decide at any time to stop a Definition Procedure and/or an Assessment Procedure and proceed, in either case, directly to the Report Phase, in which case the Proposer’s right to withdraw or vary their Modification Proposal shall lapse.
2.3.1 Subject to
paragraph 1.4.3, the
Panel may decide at any time to amalgamate a
Modification Proposal with one or more other
Modification Proposals where the subject-matter of such
Modification Proposals is sufficiently proximate to justify amalgamation on the grounds of efficiency and/or where such
Modification Proposals are logically dependent on each other.
2.3.2 Where
Modification Proposals are amalgamated pursuant to
paragraph 2.3.1:
(a) such Modification Proposals shall be treated as a single Modification Proposal;
(b) references in this Section F to a Modification Proposal shall include and apply to a group of two or more Modification Proposals so amalgamated;
(c) without prejudice to each Proposer’s right to withdraw their Modification Proposal prior to the amalgamation of their Modification Proposal, the Proposers of each such Modification Proposal shall co-operate in deciding which of them is to be the Proposer of the amalgamated Modification Proposal and, in default of agreement, the Panel shall nominate one of the Proposers for that purpose; and
(d) the Panel shall establish such arrangements as it considers appropriate for the evaluation of the amalgamated Modification Proposals.
2.4 Establishment of Workgroups
2.4.1 A
Workgroup may be a group established in order to carry out a
Definition Procedure pursuant to
paragraph 2.5 or a group established in order to carry out an
Assessment Procedure pursuant to
paragraph 2.6.
2.4.2 Where the
Panel decides to submit a
Modification Proposal to the
Definition Procedure or the
Assessment Procedure, the
Panel shall establish a
Workgroup (or designate an existing
Workgroup) to carry out such Procedure in accordance with the provisions of this
paragraph 2.4.
2.4.3 A single Workgroup may be responsible for the definition and/or assessment of more than one Modification Proposal at the same time and the Panel may establish one or more Workgroups on a standing basis to carry out definition and assessment of Modification Proposals (which may from time to time be submitted) whose subject-matter falls into a particular area or areas.
2.4.4 A Workgroup shall comprise at least five members selected by the Panel for their relevant experience and/or expertise in the areas forming the subject-matter of the Modification Proposal(s) to be considered by such Workgroup, and in the case of a standing Workgroup, forming the subject matter of the issues determined by the Panel under the terms of reference for that standing Workgroup (and the Panel shall ensure, as far as possible, that an appropriate cross-section of experience, interests and expertise is represented on such Workgroup).
2.4.5 In addition to the members appointed by the
Panel pursuant to
paragraph 2.4.4:
(a) the Proposer shall be entitled to appoint its representative as a member of the Workgroup which is to consider the Proposer's Modification Proposal (and who, in the case of a standing Workgroup, shall be a member for the purposes of that Modification Proposal only);
(b) the NETSO shall be entitled to appoint one member of any Workgroup (unless the NETSO is the Proposer, in which case paragraph (a) applies); and
(c) unless the Panel otherwise determines, the Panel shall appoint at least one additional member of each Workgroup who shall be an employee of BSCCo, and BSCCo shall make appropriately qualified BSCCo staff available for this purpose.
2.4.5A If, and only if, the Panel is of the view that a particular Modification Proposal may impact upon the STC, the Panel may invite the STC Committee to appoint a representative to become a member of any Workgroup formed to carry out a Definition Procedure or Assessment Procedure in relation to such a Modification Proposal.
2.4.5B In the event that the STC Committee appoints a representative to become a member of a Workgroup:
(a) the membership of such representative shall not become effective until the representative has complied with
paragraph 2.4.6; and
(b) such representative as a member of the
Workgroup shall act in accordance with
paragraphs 2.4.9 and
2.4.14 and shall be subject to all the other provisions of the
Code applicable to a member of a
Workgroup.
2.4.5C A
Proposer may, pursuant to
paragraph 2.4.5(a), appoint a representative of
BSCCo as a member of the
Workgroup (provided that
BSCCo shall act as an impartial representative of the
Proposer’s views and shall not act as an advocate of the
Modification Proposal and, where the
Workgroup’s terms of reference provide for voting,
BSCCo shall not have voting rights when appointed in such capacity). If the
Proposer appoints a representative of
BSCCo as a member of
Workgroup, the
Proposer shall not have the right to vary their
Modification Proposal pursuant to
paragraph 2.1.12(b).
2.4.6 Prior to establishing the composition of a Workgroup:
(a) each proposed member of the Workgroup shall be required to confirm to the Panel that they will be available as required throughout the relevant Definition Procedure or Assessment Procedure (or, in the case of a standing Workgroup, during such period as the Panel may specify) to attend Workgroup meetings and to carry out work to be undertaken outside those meetings as necessary; and
(b) with the exception of a member appointed pursuant to
paragraph 2.4.5(a), where the proposed member is employed, they shall provide to the
Modification Secretary a letter from their employer agreeing that they may act as a member of a
Workgroup, and that the requirements of
paragraph 2.4.9 shall prevail over their duties as an employee.
2.4.7 The Panel shall appoint one of the members of a Workgroup to act as chair of the Workgroup, and the Panel may change the chair of a Workgroup from time to time as it sees fit.
2.4.8 A
Workgroup shall not be a
Panel Committee for the purposes of
Section B5.
2.4.9 A member of a
Workgroup shall act impartially and, subject to
paragraph 2.4.9A, shall not be representative of a particular person or class of persons (and, accordingly, no member shall agree to follow or be bound by the instructions of any person or body, other than the
Panel pursuant to this Section F, in the exercise of their functions as a member of a
Workgroup).
2.4.9A The restrictions in
paragraph 2.4.9 on a member of a
Workgroup not being representative of a particular person or class of persons shall not apply to a member appointed pursuant to
paragraph 2.4.5(a) insofar as that member shall be entitled to represent the views of the
Proposer.
2.4.10 The Panel may add further members to a Workgroup at any time.
2.4.11 The
Panel may (but shall not be obliged to) replace any member of a
Workgroup appointed pursuant to
paragraph 2.4.4 at any time if, in the
Panel’s opinion, such member is unwilling or unable for whatever reason to fulfil that function and/or is deliberately and persistently disrupting or frustrating the work of the
Workgroup.
2.4.12 The Panel shall determine the terms of reference of each Workgroup (which in the case of a standing Workgroup may include standing terms of reference as well as specific terms of reference for any particular Modification Proposal) and may change those terms of reference from time to time as it sees fit.
2.4.13 The terms of reference of a Workgroup shall include provision in respect of (among other things) the following matters:
(a) those areas of a Workgroup's powers or activities which require the prior approval of the Panel;
(b) the seeking of instructions, clarification or guidance from the Panel;
(c) in the case of a standing
Workgroup, the area(s) of subject-matter of
Modification Proposals for which the Group may be designated under
paragraph 2.4.3; and
(d) in the case of a standing
Workgroup, authorise the Group from time to time to consider (outwith the context of any particular submitted
Modification Proposal) issues generally related to the relevant area(s) of subject-matter, designated to the Group by the
Panel under
2.4.13(c).
2.4.14 Each Workgroup (and each member of a Workgroup) shall:
(a) act in accordance with its terms of reference as determined (and, if applicable, changed) pursuant to
paragraph 2.4.12;
(b) have due regard to the objectives referred to in
paragraph 1.2.2 (as if references to the
Panel were references to the
Workgroup); and
(c) if a Workgroup is unable to reach agreement on any matter, the report of the Workgroup shall instead include a summary of the views of the members of the Workgroup.
2.4.15 In addition to any staff made available to act as members of a
Workgroup pursuant to
paragraph 2.4.5,
BSCCo shall provide such staff, facilities and support to each
Workgroup (including the engagement of external consultants and advisers) as such
Workgroup may reasonably require to assist with the administration and operation of the business of such
Workgroup provided that any material expenditure (as determined by the
Panel in respect of a particular
Workgroup) shall require the prior approval of the
Panel (in consultation with
BSCCo).
2.4.16 The Modification Secretary (or their deputy) shall act as secretary to each Workgroup meeting.
2.4.17 The Modification Secretary shall notify the Authority in advance of all Workgroup meetings and a representative of the Authority may attend and speak at any such meeting (provided that any observations such representative may make shall not be taken to bind the Authority in any way in relation to the Modification Proposal being discussed).
2.4.18 Subject to
paragraph 2.4.19, any meeting of a
Workgroup shall be open to attendance by a representative of any
Party and any other person entitled to receive notice of
Modification Proposals under
paragraph 2.1.10; and any person so attending such a meeting may speak if invited to do so by the chair of the meeting, but (if the Group’s terms of reference provide for voting) shall not vote at the meeting.
(a) in the case of a meeting held by telephone conference; or
(b) where it is impractical in the opinion of the chair of the meeting to hold the meeting in open session;
2.4.20 Subject to the provisions of this
paragraph 2.4 and unless otherwise determined by the
Panel, a
Workgroup shall develop and adopt its own internal working procedures for the conduct of its business and shall provide a copy of such procedures to the
Modification Secretary in respect of each
Modification Proposal for which it is responsible.
2.4.21 The Modification Secretary shall ensure that details of the composition, terms of reference, timetable of meetings and internal working procedures of each Workgroup are published on the BSC Website.
2.4.22 Without prejudice to
paragraph 2.7.8, each report prepared by a
Workgroup under this Section F shall be addressed and furnished to the
Panel and none of the facts, opinions or statements contained in such report may be relied upon by any other person.
2.4.23 With a view to facilitating consideration of whether to propose modifications of the Code and how to frame such proposals, BSCCo may convene, in accordance with BSCP40, a group to consider generally issues relating to the Code, its application or implementation, or any manner in which the Code might be modified provided that, save as specified in BSCP40, neither the views of the group nor anything done by it in relation to such an issue shall have any consequence or significance in relation to the Code or its implementation or operation.
2.5.1 The provisions of this
paragraph 2.5 shall apply if the
Panel decides to submit a
Modification Proposal to the
Definition Procedure pursuant to
paragraph 2.2.
2.5.2 The purpose of the
Definition Procedure is to define the issues raised by a
Modification Proposal in sufficient detail to enable the
Panel to determine which of the options set out in
paragraph 2.5.9 is the most appropriate in all the circumstances.
2.5.3 The
Panel shall establish or designate a
Workgroup and shall determine its terms of reference in accordance with the provisions of
paragraph 2.4.
2.5.4 The
Workgroup shall review the
Modification Proposal for the purpose set out in
paragraph 2.5.2 and shall prepare a written report for the
Panel (in accordance with the timetable determined by the
Panel pursuant to
paragraph 2.2) which shall set out, in relation to the
Modification Proposal, the following matters:
(a) an assessment of the issues raised by the Modification Proposal with supporting information and data to explain the effect of such issues by reference to the Applicable BSC Objective(s) and a summary of such assessment;
(b) an analysis of and the views and rationale of the
Workgroup as to whether (and, if so, to what extent) the issues raised by the
Modification Proposal warrant further assessment and evaluation in accordance with
paragraph 2.6;
(c) a detailed summary of the representations made by Parties and interested third parties during the consultation undertaken by the
Workgroup (pursuant to
paragraph 2.2.6 and, where applicable,
paragraph 2.5.5(b)) and the comments and views of the
Workgroup in respect thereof;
(d) a summary of any analysis prepared by the NETSO and the comments and views of the Workgroup in respect thereof;
(e) a summary of any analysis prepared by relevant BSC Agents and the comments and views of the Workgroup in respect thereof;
(f) a copy of the terms of reference and a summary of any report or analysis of external consultants or advisers; and
(g) such other matters as the Panel may require in the terms of reference of such Workgroup.
2.5.5 In preparing its report pursuant to
paragraph 2.5.4, the
Workgroup shall:
(a) analyse the representations made in response to the consultation instigated by the
Modification Secretary pursuant to
paragraph 2.2.6;
(b) conduct such further consultation with Parties and interested third parties as may be required by its terms of reference or, subject to the Panel's prior approval, as it considers necessary;
(c) where appropriate (and subject to any requirement for Panel approval as set out in its terms of reference), request BSCCo to commission an analysis from BSC Agents and/or external consultants and/or advisers with relevant specialist knowledge;
(d) where such views have been obtained, consider the views expressed by those referred to in paragraphs (a) to (c) and by those referred to in
paragraph 2.5.6(a) to (c).
2.5.6 In respect of each Definition Procedure, BSCCo shall (after appropriate consultation with the Workgroup):
(a) commission an analysis from the NETSO in accordance with
paragraph 2.8;
(b) if requested by the Workgroup, commission an analysis from relevant BSC Agents;
(c) if requested by the Workgroup, commission an analysis from external consultants and/or advisers with relevant specialist knowledge.
2.5.7 Upon completion of the
Workgroup's report prepared in accordance with
paragraph 2.5.4, the
Modification Secretary shall promptly:
(b) place such report on the agenda for the next following
Panel meeting in accordance with
Section B4.
2.5.8 The chair or another member (nominated by the chair) of the Workgroup shall attend the next following Panel meeting and may be invited to present the findings of the Workgroup to the Panel and/or answer the questions of Panel Members in respect thereof; other members of the Workgroup may also attend such Panel meeting.
2.5.9 Following completion of the
Workgroup's report pursuant to
paragraph 2.5.7, the
Panel shall consider the
Workgroup's report at the next following
Panel meeting and shall determine whether to:
(a) refer the Modification Proposal back to the Workgroup for further analysis (in which case, the Panel shall determine the timetable and terms of reference to apply in relation to such further analysis);
(b) submit the
Modification Proposal to the
Assessment Procedure pursuant to
paragraph 2.6; or
(c) proceed directly to the
Report Phase pursuant to
paragraph 2.7 (in which case the
Proposer’s right to withdraw or vary their
Modification Proposal shall lapse),
and, in the case of paragraphs (a) or (b), the Panel may instruct the Panel Secretary to initiate a further process of consultation (in accordance with the terms of reference determined by the Panel).
2.6.2 The purpose of the Assessment Procedure is to evaluate whether the Proposed Modification identified in a Modification Proposal better facilitates achievement of the Applicable BSC Objective(s) and whether any alternative modification would, as compared with the Proposed Modification, better facilitate achievement of the Applicable BSC Objective(s) in relation to the issue or defect identified in the Modification Proposal.
2.6.2A Where a
Proposed Modification and any
Alternative Modification are likely to have a material impact on greenhouse gas emissions then the evaluation pursuant to
paragraph 2.6.2, in respect of the
Applicable BSC Objective(s), shall include an assessment of the quantifiable impact of the
Proposed Modification and any
Alternative Modification on greenhouse gas emissions and such assessment shall be conducted in accordance with the guidance (on the treatment of carbon costs and evaluation of greenhouse gas emissions) that may be issued by the
Authority from time to time.
2.6.3 The
Panel shall establish or designate a
Workgroup and shall determine its terms of reference in accordance with the provisions of
paragraph 2.4.
2.6.4 The Workgroup shall:
(a) evaluate the
Modification Proposal for the purpose set out in
paragraph 2.6.2;
(b) where appropriate, develop an alternative proposed modification (the "Alternative Modification") which, as compared with the Proposed Modification, would better facilitate achievement of the Applicable BSC Objective(s);
(i) whether, and the extent to which, the Modification Proposal will amend the EBGL Article 18 terms and conditions; and
(ii) where the Workgroup considers that a Modification Proposal may amend the EBGL Article 18 terms and conditions, the impact of those amendments on the EBGL Objectives; and
(d) prepare a report for the
Panel (in accordance with the timetable determined by the
Panel pursuant to
paragraph 2.2 or
2.5.9(b)) which shall set out, in relation to the
Proposed Modification and any
Alternative Modification, the matters referred to in
Annex F-1, to the extent applicable to the proposal in question.
2.6.5 In preparing its report pursuant to
paragraph 2.6.4, the
Workgroup shall:
(a) analyse the comments made in response to the consultation instigated by the
Modification Secretary pursuant to
paragraph 2.2.6;
(b) conduct such further consultation with Parties and interested third parties as may be required by its terms of reference or, subject to the Panel's prior approval, as it considers necessary;
(c) where appropriate (and subject to any requirement for Panel approval as set out in its terms of reference), request BSCCo to commission an analysis from BSC Agents and/or external consultants and/or advisers with relevant specialist knowledge;
(d) where such views have been obtained, consider the views expressed by those referred to in paragraphs (a) to (c) and by those referred to in
paragraph 2.6.6(a) to (c).
2.6.6 In respect of each Assessment Procedure, BSCCo shall (after appropriate consultation with the Workgroup):
(a) commission an analysis and impact assessment from the NETSO in accordance with
paragraph 2.8;
(b) if requested by the Workgroup, commission an impact assessment from relevant BSC Agents;
(c) if requested by the Workgroup, commission an analysis from external consultants and/or advisers with relevant specialist knowledge;
(d) if requested by the Workgroup, commission an analysis from relevant Core Industry Document Owners and/or the STC Committee;
(e) prepare a project brief for the implementation of the Proposed Modification and any Alternative Modification setting out the proposed steps, timetable and programme plan for such implementation consistent with the proposed Implementation Date in accordance with the Code, BSCP40 and the IS Policies; and
(f) where the Proposed Modification (and, if applicable, any Alternative Modification) would impact the DIP Supplement or a Code Embedded DIP Rule, commission an analysis and impact assessment from the DIP Manager in accordance with paragraph 2.8A.
2.6.7 The preceding provisions of this
paragraph 2.6 shall be subject to the provisions of
paragraphs 2.6.8 and
2.6.10 and the requirements of the report to be prepared by the
Workgroup pursuant to
paragraph 2.6.4 in respect of a particular
Modification Proposal shall be amended in consequence of any directions issued by the
Panel under
paragraphs 2.6.8 or
2.6.10.
2.6.8 Prior to the taking of any steps in an Assessment Procedure which would result in the incurring of significant costs (as determined by the Panel in each case in the relevant terms of reference) for BSCCo, the Workgroup shall seek the views of the Panel as to whether to proceed with such steps and, in giving its views, the Panel may consult with the Authority in respect thereof.
(a) the commissioning of detailed impact assessments;
(b) the commissioning of legal text to modify the Code in order to give effect to a Proposed Modification and/or an Alternative Modification.
2.6.10 At any stage during an Assessment Procedure:
(a) the
Panel may request the
Workgroup to prepare an interim report setting out its provisional findings in respect of the matters referred to in
paragraph 2.6.4 (or such of those matters as it has been able by then to evaluate); and
(b) the Panel may seek the views of the Authority as to whether the findings of such report are consistent with the Authority's provisional thinking in respect thereof; and
(c) the Panel may issue such directions as it sees fit to the Workgroup in consequence of the Authority's views.
2.6.11 Upon completion of the
Workgroup's report prepared in accordance with
paragraph 2.6.4, the
Modification Secretary shall promptly:
(b) place such report on the agenda for the next following Panel meeting.
2.6.12 The chair or another member (nominated by the chair) of the Workgroup shall attend the next following Panel meeting and may be invited to present the findings of the Workgroup to the Panel and/or answer the questions of Panel Members in respect thereof; other members of the Workgroup may also attend such Panel meeting.
2.6.13 The Panel shall consider the Workgroup's report at the next following Panel meeting and shall determine:
(i) submit the Modification Proposal back to the Workgroup for further analysis (in which case, the Panel shall determine the timetable and terms of reference of such further analysis); or
(ii) proceed to the
Report Phase in accordance with
paragraph 2.7; and
(b) where the Panel decides pursuant to paragraph (a)(ii) to proceed to the Report Phase:
(i) whether the
Panel proposes to recommend (subject to
paragraph 2.7.5) to the
Authority that the
Proposed Modification or any
Alternative Modification should be made;
(ii) the reasons (if different from those contained in the report prepared by the Workgroup) why the Proposed Modification and any Alternative Modification would or would not, in the Panel's opinion, better facilitate achievement of the Applicable BSC Objective(s);
(iii) the proposed Implementation Date to be included in the draft Modification Report (whether or not the Panel recommends that the Proposed Modification or any Alternative Modification should be made); and
(iv) whether (and the extent to which) the Proposed Modification and any Alternative Modification will amend or supplement the EBGL Article 18 terms and conditions in which case:
(A) such Proposed Modification and any Alternative Modification shall also constitute proposals to amend or supplement the EBGL Article 18 terms and conditions for the purposes of Article 6(3) of the Guideline on Electricity Balancing;
(B) even though such Modification Proposal may not have been raised by the NETSO, the hereby agrees that the Proposed Modification and any Alternative Modification shall constitute proposals to amend or supplement the EBGL Article 18 terms and conditions but NETSO’s agreement shall not fetter or restrict its rights under the Modification Procedures to express its views on that Proposed Modification and any Alternative Modification.
(a) in deciding that a Modification Proposal should proceed to the Report Phase, the Panel determines that it proposes to recommend to the Authority that the Proposed Modification or any Alternative Modification should be made; and
(b) no proposed text to modify the Code in order to give effect to such Proposed Modification or Alternative Modification, was commissioned during any Assessment Procedure,
the Modification Secretary shall forthwith commission the drafting of proposed text to modify the Code in order to give effect to such Proposed Modification or Alternative Modification and shall seek the views of the relevant Workgroup(s) on such text.
2.7.3 Where the Panel is proposing to recommend to the Authority that a Proposed Modification or Alternative Modification should not be made and no proposed text to modify the Code was commissioned during the Assessment Procedure, the Panel shall consult with the Authority as to whether the Authority would like the Modification Report to include such text and, if the Authority indicates that it would, the Modification Secretary shall forthwith commission the drafting of proposed text to modify the Code in order to give effect to such Proposed Modification or Alternative Modification and shall seek the views of the relevant Workgroup(s) on such text.
2.7.4 Except where 2.7.4A applies, the Modification Secretary shall:
(a) prepare a draft
Modification Report which shall set out the matters referred to in
paragraph 2.7.7 as soon as possible and, in any event, within fifteen
Business Days after the
Panel decides that the
Modification Proposal should proceed to the
Report Phase;
(c) publish such draft report in such manner as may be appropriate to bring it to the attention of other persons who may be affected by such report;
(d) invite representations on the draft report within such period as the Panel may determine (and, in any event, not more than fifteen Business Days);
(e) prepare a summary of the representations received during the consultation conducted pursuant to paragraph (d); and
(f) put the draft report and the summary referred to in paragraph (e) on the agenda for the next following Panel meeting.
2.7.4A Where the Panel has determined that a Modification Proposal is amending or supplementing the EBGL Article 18 terms and conditions, the Modification Secretary shall:
(b) invite representations on the draft report within such period as the Panel may determine (and, in any event not less than one month), in accordance with the requirements set out in BSCP40;
(c) provide a copy of the representations received during the consultation conducted pursuant to paragraph (b); and
(i) where there have been any representations that may require the Modification Proposal to be amended, submit that Modification Proposal back to the Workgroup for further analysis and:
(A) the Proposer and (where the Modification Proposal has been subject to the Assessment Procedure) the Workgroup may amend the Proposed Modification and any Alternative Modification respectively provided the Modification Proposal continues to address the same issue or defect originally identified by the Proposer in the Modification Proposal;
(B) (where the Modification Proposal has been subject to the Assessment Procedure) the Workgroup shall amend its report to include sound justifications for including or not including the views resulting from the consultation (taking into account the expected impact on the EBGL Objectives) and may amend any other part of its draft report to take account of its further analysis and make its recommendation to the Panel; and
(C) subject to
paragraph 2.7.4A(d)(ii)(B) below, follow the steps set out in
paragraph 2.7.4 in relation to any such amended
Proposed Modification, amended
Alternative Modification, and amended report taking into account the amendments made to the report under paragraph (B); or
(A) there have been no representations that may require the Modification Proposal to be amended; or
(B) the Modification Proposal has been submitted to the Proposer and (where applicable) Workgroup under paragraph (d)(i) above but they have made no amendments to the Proposed Modification or any Alternative Modification,
put the draft report and the representations referred to in paragraph (c) on the agenda for the next Panel meeting.
2.7.5 The
Panel shall consider the draft
Modification Report submitted under
paragraph 2.7.4 or
paragraph 2.7.4A at the next following
Panel meeting and, having taken due account of the representations contained in the summary referred to in
paragraph 2.7.4(e) and
2.7.4A(c), the
Panel shall determine:
(a) whether to recommend to the Authority that the Proposed Modification or any Alternative Modification should be made;
(b) whether to approve the draft Modification Report or to instruct the Modification Secretary to make such changes to the report as may be specified by the Panel;
(c) (if applicable) whether to approve the proposed text for modifying the Code in order to give effect to any Proposed Modification or Alternative Modification which it is recommending or to instruct the Modification Secretary to make such changes to the text as may be specified by the Panel;
(d) the proposed Implementation Date for implementation of the Proposed Modification or any Alternative Modification (whether or not the Panel recommends the making of such Proposed Modification or Alternative Modification);
(e) whether to include in the draft
Modification Report, where applicable, any further justifications that the
Panel may specify for why the views resulting from the consultation undertaken under
paragraph 2.7.4A(b) were included or not included.
2.7.6 Subject to
paragraph 6.3.2, within seven
Business Days after the
Panel meeting referred to in
paragraph 2.7.4, the
Modification Secretary shall finalise the
Modification Report and shall forthwith:
(a) submit such Modification Report to the Authority on behalf of the Panel;
(b) copy such Modification Report to:
(ii) each Panel Member; and
(c) simultaneously publish such Modification Report on the BSC Website.
2.7.6A Subject to
paragraph 2.7.6B, if the
Panel intends to instruct (under
paragraph 2.7.5(b)) changes to be made to the draft
Modification Report as a result of information obtained by
BSCCo relating to matters (including those specified in
paragraph 1(c) of Annex F-1) which were identified by
BSCCo since the draft report was prepared, the
Panel may with the approval of the
Authority:
(a) instruct the
Modification Secretary to publish, and invite further representations (from the persons listed in
paragraph 2.1.10(a)) on those changes; and
(b) defer to such date as the Authority may approve the submission of the Modification Report to the Authority, to allow such further consultation to take place.
2.7.6B Where the
Panel intends to instruct (under
paragraph 2.7.5(b)) changes to be made to a draft
Modification Report that has been submitted to it under
paragraph 2.7.4A(d)(i) as a result of information obtained by
BSCCo relating to matters (including those specified in
paragraph 1(c) of Annex F-1) which were not identified through the consultation conducted under
paragraph 2.7.4A, the
Panel shall instruct the
Modification Secretary to publish, and invite further representations (in accordance with
BSCP40) on those changes for a period of not less than one month.
2.7.7 The matters to be included in a Modification Report shall be the following (in respect of the Modification Proposal):
(a) the recommendation of the Panel as to whether or not the Proposed Modification or any Alternative Modification should be made;
(b) subject to
paragraph 2.11.20, the proposed
Implementation Date for implementation of any
Proposed Modification or
Alternative Modification;
(c) the other items referred to in
Annex F-1, based on the report prepared by the
Workgroup (where the proposal was submitted to a
Workgroup prior to the
Report Phase) except to the extent that the
Panel has formed a different view as to any matters contained in such report;
(d) confirmation, where applicable, that the Proposed Modification or any Alternative Modification proposes to amend the EBGL Article 18 terms and conditions; and
(f) where the proposal has not been submitted to a Workgroup prior to the Report Phase, and the Modification Proposal impacts the DIP Supplement or a Code Embedded DIP Rule, the analysis by the DIP Manager pursuant to paragraph 2.8A;
together with a copy of the representations made by Parties and interested third parties during the consultation undertaken in respect of the Proposed Modification and any Alternative Modification.
2.7.8 Each Modification Report shall be addressed and furnished to the Authority and none of the facts, opinions or statements contained in such Modification Report may be relied upon by any other person.
2.7A.1 Where the
Authority considers that it is unable to form an opinion in relation to a
Modification Report submitted to it pursuant to
paragraph 2.7.6 or
paragraph 5.3A.3 then it may issue a direction to the
Panel:
(a) specifying any additional steps that it requires in order to form such an opinion including drafting or amending the proposed text to modify the Code, revising the implementation timetable and/or proposed Implementation Date(s), revising or providing additional analysis and/or information; and
(b) requiring such Modification Report to be revised and re-submitted to the Authority,
and the Authority may include in such direction its reasons for why it has been unable to form an opinion (a "Send Back Direction").
2.7A.2 The
Panel shall re-submit the revised
Modification Report as soon after the
Authority’s direction pursuant to
paragraph 2.7A.1 as is appropriate (taking into account the complexity, importance and urgency of the
Modification Proposal) and the implementation timetable and the proposed
Implementation Date(s) specified in the
Modification Report (but no other aspect of that
Modification Report) shall be deemed to be suspended for the duration of the
Send Back Process.
2.7A.3 Subject to
paragraph 2.7A.4, in relation to each
Send Back Direction BSCCo shall prepare a draft
Send Back Process for approval by the
Panel which:
(a) shall include a procedure and timetable for the reconsideration by the Panel of its recommendation and the re-submission of the revised Modification Report to the Authority; and
(b) may include such further matters as the Panel considers necessary to address the Send Back Direction including:
(i) further consultation with Parties and interested third parties;
(ii) revised or additional analysis and/or information;
(iii) drafting or amending proposed text to modify the Code;
(iv) revising the proposed
Implementation Date(s) (and, without prejudice to the generality of
paragraph 2.7A.3(b)(i)), the
Panel shall conduct a consultation with Parties and interested third parties in respect of any revised proposed
Implementation Date(s); and
(v) any other steps required by the Panel to address the Send Back Direction.
2.7A.4 Where the requirements specified in the Send Back Direction are of a minor nature such that it would be more appropriate for BSCCo to address the matters contained therein without preparing a draft Send Back Process then:
(a) BSCCo may take such steps as are necessary to address the requirements of that Send Back Direction; and
2.7A.5 The Panel shall consider the draft Send Back Process and, having considered any comments made or received by the representative of the Authority, shall determine whether to approve the draft Send Back Process or to instruct BSCCo to make such changes to the draft Send Back Process as may be specified by the Panel.
2.7A.6 Following approval by the Panel of the Send Back Process:
(a) BSCCo and (where applicable) the Workgroup shall perform the additional steps set out in the Send Back Process (including, to the extent necessary, the revision by the Workgroup of its views and rationale as to whether the Proposed Modification and any Alternative Modification better facilitate the achievement of the Applicable BSC Objective(s));
(b) the
Modification Secretary shall notify the persons specified in
paragraph 2.7.6(b) that the
Authority has issued a
Send Back Direction, revise the
Modification Report, re-submit that
Modification Report to the
Panel and take any further steps in relation to it as are set out in this
paragraph 2.7A and the
Send Back Process; and
(c) the
Panel shall consider the revised
Modification Report in accordance with
paragraph 2.7A.7,
in each case in accordance with the procedure(s) and timetable set out in the Send Back Process.
2.7A.7 The Panel shall consider the revised Modification Report and determine:
(a) whether to revise the recommendation it made to the
Authority pursuant to
paragraph 2.7.5(a):
(b) whether to approve the revised Modification Report or to instruct the Modification Secretary to make such further changes to the revised report as may be specified by the Panel;
(c) (if applicable) whether to approve any revised proposed text to modify the Code or to instruct the Modification Secretary to make any further changes as may be specified by the Panel; and/or
(d) (if applicable) whether to approve any revised proposed Implementation Date(s) for implementation of the Proposed Modification or any Alternative Modification (whether or not the Panel recommends the making of such Proposed Modification or Alternative Modification).
2.7A.8 The Modification Secretary shall:
(a) finalise the revised
Modification Report which shall, for the purposes of the
Code, be deemed to be the
Modification Report as from the date of the
Panel’s determination pursuant to
paragraph 2.7A.7; and
(b) submit such
Modification Report to the
Authority and copy it to the persons specified in
paragraph 2.7.6(b).
2.7A.9 For the avoidance of doubt, a Proposer shall have no right to withdraw or vary their Modification Proposal during the Send Back Process.
2.7B Amendments Required by the Authority (EBGL)
2.7B.1 In respect of a Modification Proposal which amends or supplements EBGL Article 18 terms and conditions, where the Authority requires an amendment to such Modification Proposal, in accordance with Article 6(1) of the Guideline on Electricity Balancing, in order to approve such Modification Proposal it may direct the Panel and BSCCo to make such amendment in which case BSCCo and the Panel shall comply with such direction and:
(a) BSCCo shall make such amendments to the Proposed Modification and/or any Alternative Modification as have been directed by the Authority;
(b) BSCCo shall submit such amended Modification Proposal to the Panel;
(c) the
Panel may amend its report prepared under
paragraph 2.7 to include:
(i) its evaluation of the proposed amendments directed by the Authority;
(ii) revised recommendations (if any) to the Authority as to whether the Proposed Modification or any Alternative Modification should be made;
(iii) its revised rationale (if any) as to why the Proposed Modification or any Alternative Modification would or would not, in the Panel’s opinion, better facilitate achievement of the Applicable BSC Objectives;
(iv) the Panel’s view, together with rationale, as to whether the proposed Implementation Date needs to be amended and, except to the extent that the Authority has so directed, the revised proposed Implementation Date for the Proposed Modification or any Alternative Modification; and
(d) the Panel shall submit the revised Modification Report to the Authority within two months of the Authority’s direction under this paragraph.
2.7B.2 Subject always to
paragraph 2.7B.1(d), in performing the steps set out in
paragraph 2.7B.1,
BSCCo and/or the
Panel may reconvene the
Workgroup and/or conduct such consultation with Parties and interested third parties as it considers necessary.
2.7B.3 Where
BSCCo and/or the
Panel have been unable to reconvene a
Workgroup and/or conduct a consultation despite considering such steps necessary, the
Panel may request in its
Modification Report submitted under
paragraph 2.7B.1(d) that the
Authority directs the
Panel and/or
BSCCo that such further steps are necessary in order for the
Authority to approve the
Modification Proposal.
2.7B.4 Any direction from the
Authority pursuant to this
paragraph 2.7B shall not fetter the voting rights of the
Panel or the recommendation procedures informing the report described in 2.7B.1.
2.8 Analysis of the NETSO
2.8.1 Subject to
paragraph 2.8.1A, at the request of the
Panel or
BSCCo, the NETSO shall prepare an analysis of any
Modification Proposal with:
(a) an assessment of the impact of the Proposed Modification (and, if applicable, any Alternative Modification) on the ability of the NETSO to discharge its obligations efficiently under the ESO Licence, to discharge its obligations under the Guideline on Electricity Balancing (and where relevant the Network Code on Electricity Emergency and Restoration) and on its ability to operate an efficient, economical and co-ordinated transmission system;
(b) the views and rationale of the NETSO as to
(i) whether the Proposed Modification or any Alternative Modification would better facilitate achievement of the Applicable BSC Objective(s); and
(ii) where the Proposed Modification or any Alternative Modification includes an amendment to the EBGL Article 18 terms and conditions, whether such amendment proposal should be made;
(c) an assessment (where applicable) of:
(i) the impact of the Proposed Modification and any Alternative Modification on the computer systems and processes of the NETSO;
(ii) the changes required to such systems and processes in consequence of the Proposed Modification and any Alternative Modification;
(iii) an estimate of the development, capital and operating costs (broken down in reasonable detail) which the NETSO anticipates that it would incur in and as a result of implementing the Proposed Modification and any Alternative Modification and any consequential change to Core Industry Documents and/or the System Operator-Transmission Owner Code;
(d) such other matters as the Panel or BSCCo may reasonably request.
2.8.1A Where a
Modification Proposal amends, or is expected to amend,
EBGL Article 18 terms and conditions then the NETSO shall be entitled, in its discretion, to provide the analysis referred to in
paragraphs 2.8.1(a) and
(b) notwithstanding that such analysis has not been requested.
2.8.2 The NETSO shall provide such further explanation of any analysis prepared pursuant to
paragraph 2.8.1 as the
Panel may reasonably require and shall attend any meeting of the
Panel or the
Workgroup to answer questions or provide clarification in respect thereof.
2.8.3 Subject to the provision by the NETSO of any analysis requested pursuant to
paragraph 2.8.1 and any further explanation or clarification requested pursuant to
paragraph 2.8.2, the NETSO shall not be obliged by virtue of any provision of this Section F to disclose or provide access to any information or data relating to its business which is not otherwise generally available.
2.8.4 In formulating its views as to whether a
Proposed Modification or any
Alternative Modification would better facilitate achievement of the
Applicable BSC Objective(s) (and, in particular, those
Applicable BSC Objective(s) which relate specifically to the NETSO), the
Panel and any
Workgroup shall have regard to the analysis provided by the NETSO under this
paragraph 2.8 and to any other information or data which is generally available in relation to the NETSO or its business.
2.8A Analysis by the DIP Manager
2.8A.1 At the request of the Panel or BSCCo, the DIP Manager shall prepare an analysis of any Modification Proposal which would impact the DIP Supplement or a Code Embedded DIP Rule with:
(a) an assessment of the impact of the Proposed Modification (and, if applicable, any Alternative Modification) on the DIP and the DIP Applicable Objectives; and
(b) any other analysis that the DIP Manager and/or the DCAB reasonably consider relevant to the Proposed Modification (and, if applicable, any Alternative Modification).
2.9 Urgent Code Modifications
2.9.1 Where there has been a recommendation of the NETSO and/or
BSCCo or a recommendation of the
Proposer (pursuant to
paragraph 2.1.2) that a proposal should be treated as an
Urgent Modification Proposal in accordance with this
paragraph 2.9, then the
Panel shall make a recommendation to the
Authority as to:
(a) whether, in the Panel’s opinion, the proposal should be treated as an Urgent Modification Proposal;
(b) the procedure and timetable to be followed in the event that the Authority instructs that the proposal shall be treated as an Urgent Modification Proposal; and
in making its recommendation under this
paragraph 2.9.1 the
Panel may consider any relevant information provided to it by
BSCCo and/or the NETSO.
2.9.2 For the avoidance of doubt, in relation to any Modification Business involving an Urgent Modification Proposal (or a Modification Proposal which the Proposer or BSCCo and/or the NETSO recommend should be treated as an Urgent Modification Proposal):
(b) where the
Panel Chair was unable to contact sufficient
Panel Members in accordance with
Section B4.6, the
Panel Chair shall make the recommendation referred to in
paragraph 2.9.1.
(a) not treat any Modification Proposal as an Urgent Modification Proposal except with the prior consent of the Authority;
(b) comply with the procedure and timetable in respect of any Urgent Modification Proposal approved by the Authority;
(c) comply with any instruction of the Authority not to treat a Modification Proposal as an Urgent Modification Proposal; and
(d) comply with any instruction of the
Authority issued in respect of any recommendation of the
Panel or the
Panel Chair made pursuant to
paragraphs 2.9.1 or
2.9.2.
2.9.4 Subject to
paragraph 2.9.4B, for the purposes of this
paragraph 2.9, the procedure and timetable in respect of an
Urgent Modification Proposal may (with the approval of the
Authority pursuant to
paragraph 2.9.3) deviate from all or part of the
Modification Procedures or follow any other procedure or timetable approved by the
Authority. The
Panel must notify the persons listed in
paragraph 1.9.3 of any
Urgent Modification Proposal and when approving any alternative procedure or timetable, the
Authority must consider whether or not such procedure and timetable should allow for the persons listed in
paragraph 1.9.3 to be consulted on the
Urgent Modification Proposal and if so how much time should be allowed.
2.9.4A Where the procedure and timetable approved by the
Authority in respect of an
Urgent Modification Proposal does not provide for the establishment (or designation) of a
Workgroup the
Proposer’s right to withdraw or vary their
Modification Proposal pursuant to
paragraph 2.1.12 shall lapse from the time and date of such approval.
2.9.4B Where the
Modification Proposal seeks to amend the
EBGL Article 18 terms and conditions, the procedure and timetable recommended by the
Panel under
paragraph 2.9.1 in respect of an
Urgent Modification Proposal must include a consultation on the
Modification Proposal for a period of not less than one month, due consideration of the views of stakeholders resulting from such consultation and the publication of the
Panel’s sound justifications for including or not including the views resulting from that consultation.
2.9.5 The Modification Report in respect of an Urgent Modification Proposal shall include any statement provided by the Authority as to why the Authority believes that such Modification Proposal should be treated as an Urgent Modification Proposal and the extent to which the procedure followed deviated from the Modification Procedures.
2.9.6 Where an
Urgent Modification Proposal results in a modification being made in accordance with
paragraph 1.1, the
Panel may or (where it appears to the
Panel that there is a reasonable level of support for a review amongst Parties) shall, following such modification, submit the modification to review by a
Workgroup on terms specified by the
Panel in order to consider and report as to whether any alternative modification could, as compared with such modification, better facilitate achievement of the
Applicable BSC Objective(s) in respect of the subject matter of such modification.
2.9.9 Each
Party, each
Panel Member, each of the persons referred to in
paragraph 1.9.3,
BSCCo and the
Modification Secretary shall take all reasonable steps to ensure that an
Urgent Modification Proposal is considered, evaluated and (subject to the approval of the
Authority) implemented as soon as reasonably practicable, having regard to the urgency of the matter and, for the avoidance of doubt, an
Urgent Modification Proposal may (subject to the Approval of the
Authority) result in a
Code Modification being made on the day on which such proposal is submitted.
2.10.1 Any representations submitted by a person pursuant to the Modification Procedures shall be made publicly available save as otherwise expressly requested by such person by notice in writing to BSCCo.
2.10.2 The
Panel and
BSCCo shall not be liable for any accidental publication of a representation which is the subject of a request made under
paragraph 2.10.1.
2.10.3 For the avoidance of doubt, all representations (whether or not marked confidential) shall be sent to the Authority.
2.10.4 Where any provision of this
paragraph 2 provides for data, information or reports to be published or made available to Parties and/or other persons, the
Panel shall exclude therefrom any matters in respect of which the
Authority issues a notice to the
Modification Secretary for the purposes of this
paragraph 2.10.4.
2.11.1
BSCCo shall be responsible for implementing the
Approved Modification in accordance with the project brief prepared pursuant to
paragraph 2.6.6(e) in relation to that Modification.
2.11.2 The
Panel shall make such modifications to
Code Subsidiary Documents (in accordance with the provisions of
paragraph 3) and/or adopt such new
Code Subsidiary Documents as may be necessary to give full and timely effect to an
Approved Modification by the
Implementation Date.
2.11.3 BSCCo shall take appropriate steps to secure such amendments to the BSC Agent Contracts as may be necessary to give full and timely effect to an Approved Modification by the Implementation Date.
2.11.4 BSCCo shall take appropriate steps to procure changes to BSC Systems and processes in order to give full and timely effect to an Approved Modification by the Implementation Date.
2.11.5 BSCCo shall promptly provide a report to the Panel where:
(a) it appears, in
BSCCo's reasonable opinion, that problems may arise, or have arisen, in the implementation of an
Approved Modification in accordance with the project brief prepared pursuant to
paragraph 2.6.6(e); and/or
(b) BSCCo has reason to believe that the changes necessary to BSC Systems and processes will not have been completed by the Implementation Date; and/or
(c) BSCCo becomes aware of any circumstances which might otherwise prevent or delay the full and timely implementation of the Approved Modification.
2.11.6 In relation to Approved Modifications:
(a) each Party shall use its reasonable endeavours to implement changes made to Core Industry Documents and/or the System Operator-Transmission Owner Code in order to give full and timely effect to a Code Modification by the Implementation Date; and
(b) the NETSO shall make such changes to those of its systems which support the operation of the Code as may be necessary in order to give effect to a Code Modification by the Implementation Date.
2.11.7 Without prejudice to the obligations of the Panel and BSCCo under this Section F, the Implementation Date may be extended or brought forward with the prior approval of, or at the direction of, the Authority.
2.11.8 The Panel shall apply to the Authority for an extension to the Implementation Date if it becomes aware of any circumstance which is likely to cause a delay in the implementation of an Approved Modification.
2.11.9 The
Panel may, after consultation with the persons listed in
paragraph 2.1.10(a), apply to the
Authority (providing copies of the representations made in such consultation) to bring forward the
Implementation Date if the
Panel is reasonably satisfied that an
Approved Modification is capable of being implemented sooner than the current
Implementation Date and is of the opinion that its implementation should be so brought forward.
2.11.10 Where a
Relevant Challenge is made and the
Panel considers the
Implementation Date or a "
Proposed Implementation Date" (as defined in
paragraph 2.11.15) relating to a
Modification Proposal is or may no longer be appropriate or may expire prior to a determination made in relation to the
Relevant Challenge, the
Panel shall consult with the persons listed in
paragraph 2.1.10(a) as to the following:
(a) whether a Conditional Implementation Date in replacement of the current Implementation Date or Proposed Implementation Date is appropriate or advisable as a result of the Relevant Challenge; and
(b) (if the Panel considers it appropriate) whether the Conditional Implementation Date should replace the current Implementation Date or Proposed Implementation Date subject to the condition precedent that it shall be effective only if the determination of the relevant appeal or judicial review is received on or before (or not received after) a specified date.
2.11.11 After undertaking a consultation pursuant to
paragraph 2.11.10 the
Panel may recommend to the
Authority a
Conditional Implementation Date which is subject to the condition precedent that it shall be effective only if the determination in the relevant appeal or judicial review is received on or before (or not received after) a specified date.
2.11.12 The
Panel shall, at the same time as the making of its recommendation under
paragraph 2.11.11, provide copies of the representations made in relation to such consultation and any relevant additional information (including any information or assessment from
BSCCo relating to the
BSC Systems and processes) to the
Authority.
2.11.13 If the
Authority decides to accept the
Panel’s recommendation referred to in
paragraph 2.11.11, the
Conditional Implementation Date so accepted (subject to any conditions precedent to its effectiveness imposed by the
Authority) shall be deemed to replace the:
(a) current
Implementation Date which is applicable (or purportedly applicable) by reason of
paragraph 1.1.3; or
(b) Proposed Implementation Date set out in any Modification Report relating to the relevant Modification Proposal.
2.11.14 Where the Panel considers that:
(a) a
Conditional Implementation Date (whether or not subject to any condition precedent concerning its effectiveness) imposed in accordance with this
paragraph 2.11 is or may no longer be appropriate or may expire prior to a determination being made in relation to the
Relevant Challenge; or
(b) where the
Authority has previously rejected a recommendation from the
Panel made pursuant to
paragraph 2.11.11 but, as a result of the progress of the appeal or judicial review or some other relevant circumstance, the
Panel considers that it may be appropriate to make or consider making a new recommendation to the
Authority concerning a
Conditional Implementation Date;
(a) there shall be a Relevant Challenge where any necessary consent or permission to bring an appeal or seek a judicial review from or of a decision by the Authority to accept or reject a Modification Proposal is granted and such an appeal or judicial review is made, brought or proceeded with; and
(b) Proposed
Implementation Date means a proposed
Implementation Date set out in a
Modification Report in accordance with
Annex F-1 in relation to any
Modification Proposal in respect of which a decision has been made (or purportedly made) by the
Authority to approve or reject such
Modification Proposal.
2.11.16 Where, in relation to a
Modification Proposal which is the subject of a notice of the NETSO pursuant to
paragraphs 1.1.2 or
1.1.4, a
Party either makes:
(a) an application for consent or permission to make or seek an appeal or judicial review; or
(b) a Relevant Challenge;
the Party must submit written notice of such application and/or Relevant Challenge to the Modification Secretary no later than five Business Days from the date such application and/or Relevant Challenge is made.
2.11.18 Where the
Authority considers that the proposed
Implementation Date specified in a
Modification Report in accordance with
paragraph 2.7.7(b) (and in respect of which notification of the
Authority’s decision pursuant to
paragraphs 1.1.2 or
1.1.4 has not been made), is or may no longer be appropriate or might otherwise prevent the
Authority from making such decision by reason of the effluxion of time, the
Authority may direct the
Panel to consult with the persons listed in
paragraph 2.1.10(a) on a revised proposed
Implementation Date.
2.11.19 Following the completion of a consultation held pursuant to
paragraph 2.11.18, the
Panel shall recommend a revised proposed
Implementation Date to the
Authority.
2.11.20 If the
Authority decides to accept the
Panel’s recommendation pursuant to
paragraph 2.11.19 the
Authority shall notify the
Panel of its decision and the revised proposed
Implementation Date so accepted shall, for the purposes of the
Code, be deemed to have replaced the proposed
Implementation Date specified in the relevant
Modification Report.
2.11.21 In respect of any consultation held pursuant to
paragraph 2.11.18, the
Panel may in addition consult on any matters relating to the relevant
Modification Report which in the
Panel’s opinion have materially changed since the relevant
Modification Report was submitted to the
Authority in accordance with
paragraph 2.7.6 and where it does so, the
Panel shall report on such matters as part of its recommendation in accordance with
paragraph 2.11.19.
2.11.22 In respect of an
Approved Self-Governance Modification Proposal that was comprised in a cross code change package, the provisions of this
paragraph 2.11 relating to the
Authority’s power to revise proposed
Implementation Dates shall apply to the
Panel mutatis mutandis.
2.11.22 For the purposes of a direction made pursuant to
paragraph 2.11.18, the
Authority may:
(a) specify that the revised proposed Implementation Date shall not be prior to a specified date;
(b) specify a reasonable period (taking into account a reasonable period for consultation) within which the
Panel shall be obliged to make its recommendation in accordance with
paragraph 2.11.19; and/or
(c) provide such reasons as it deems appropriate for such direction including in respect of those matters referred to in
paragraphs 2.11.22(a) and
2.11.22(b), where applicable.
2.12 Intentionally left blank
3. CREATION AND MODIFICATION OF CODE SUBSIDIARY DOCUMENTS
3.1.1 Subject to the further provisions of this
paragraph 3.1, the
Panel may modify (whether by way of amendment, deletion, addition, replacement or otherwise) existing
Code Subsidiary Documents or create additional
Code Subsidiary Documents in accordance with the procedures set out in
paragraph 3.2.
3.1.2 The Panel may only make modifications to existing Code Subsidiary Documents or create additional Code Subsidiary Documents if and to the extent that:
(a) the modified Code Subsidiary Document or additional Code Subsidiary Document is consistent with, and does not impair, frustrate or invalidate, the provisions of the Code; and
(b) the modification or addition does not impose new obligations or restrictions of a material nature on Parties or Party Agents (or classes thereof) which are not authorised or envisaged by, or subsidiary to, the rights and obligations of the Parties under, the Code.
3.1.3 The Panel Secretary shall notify:
promptly of any modification to an existing Code Subsidiary Document or the creation of any new Code Subsidiary Document.
3.1.4 A modification to or the addition of a
Code Subsidiary Document pursuant to this
paragraph 3.1 shall take effect on the later of:
(a) the date specified by the Panel; and
3.1.5 The
Panel may establish a
Panel Committee, in accordance with
Section B, which shall be responsible for reviewing, considering and recommending changes to
Code Subsidiary Documents or the establishment of new
Code Subsidiary Documents with a view to ensuring that the
Code and the
Code Subsidiary Documents together continue to facilitate achievement of the
Applicable BSC Objective(s).
3.2.1 The
Panel shall, prior to making any modification to a
Code Subsidiary Document or to establishing a new
Code Subsidiary Document pursuant to
paragraph 3.1.1, consult with Parties and interested third parties in such manner as it considers appropriate, in the light of the complexity, importance and urgency of the proposed change and shall have regard to any representations made and not withdrawn during such consultation.
3.2.2 In complying with
paragraph 3.2.1, the
Panel shall ensure that the proposed draft changes are copied to each
Party and (subject, to the extent applicable, to
Section H1.4.3) otherwise published in such manner as it sees fit, and Parties and interested third parties shall be given a reasonable opportunity to comment on the proposed changes, having regard to the urgency of the matter.
3.2.3 The provisions of
BSCP40 shall apply in relation to the modification of any existing or the establishment of any new
Code Subsidiary Document pursuant to this
paragraph 3.
4.1.1 The Panel may establish and implement policies addressing, among other things, the following matters:
(a) the establishment and maintenance of a quality management system;
(b) the establishment of a design authority to oversee changes to BSC Systems;
(c) the establishment of a change co-ordination function to assist in the co-ordination of changes to the BSC Systems;
(d) the establishment and maintenance of appropriate security arrangements (covering, for example, confidentiality, system access control and building access control).
4.1.2 The purpose of the IS Policies shall be to give assurance to Parties that the BSC Systems meet any requirements associated with quality.
4.1.3 The policies described in
paragraph 4.1.1 shall be known as "
IS Policies" and shall be published in such manner as the
Panel sees fit.
4.2 Changes to BSC Systems
4.2.1 Where a change is proposed to a BSC System which does not require a Code Modification or a modification to a Code Subsidiary Document, such change shall be evaluated, developed and, if approved by the Panel, implemented in accordance with the IS Policies and with BSCP40.
5. SIGNIFICANT CODE REVIEW
5.1 Significant Code Review Phase
5.1.1 The Authority may at any time notify Parties of a Significant Code Review.
(a) a statement that the Authority’s review shall constitute a Significant Code Review;
(b) the start date of the Significant Code Review; and
(c) a description of the matters for consideration within the scope of the Significant Code Review.
5.1.3 Subject to
paragraphs 5.1.3A and
5.1.4, a
Significant Code Review Phase shall commence on the date specified by the
Authority pursuant to
paragraph 5.1.2(b) and shall be deemed to have ceased for the purposes of the
Code on the date that:
(a) the NETSO raises a
SCR Modification Proposal in accordance with a direction from the
Authority pursuant to
paragraph 5.3.1 arising from the relevant
Significant Code Review;
(aa) the Authority raises a SCR Modification Proposal arising from the relevant Significant Code Review; or
(b) the
Authority issues a statement to Parties to the effect that no direction in accordance with
paragraph 5.1.3(a) or
SCR Modification Proposal in accordance with
5.1.3(aa) will be issued;
provided that the
Authority shall issue a direction pursuant to
paragraph 5.3.1(a), raise a
SCR Modification Proposal pursuant to
5.1.3(aa) or issue a statement pursuant to
paragraphs 5.1.3(b) or
5.1.3A within twenty eight days after the
Authority publishes its
Significant Code Review Conclusions.
5.1.3A If the
Authority issues a statement that it will continue work and/or issue a direction in accordance with
paragraph 5.3B, the
Significant Code Review Phase will be deemed to have ended when;
(a) the Authority issues a statement that the Significant Code Review Phase has ended;
(b) one of the circumstances in
paragraphs 5.1.3(aa) or
(b) occurs (irrespective of whether such circumstance occurs within twenty eight days after the
Authority has published its
Significant Code Review Conclusions); or
(c) the
Authority makes a decision consenting or otherwise to the modification of the BSC following the
Panel’s submission of its report under
paragraph 5.3A.
5.1.4 Unless the
Authority issues a statement in accordance with
paragraph 5.1.3A, if any of the
Authority’s direction described in
paragraphs 5.3.1(a), a
SCR Modification Proposal as described in
paragraph 5.1.3(aa) or the
Authority’s statement described in
paragraph 5.1.3(b) are not issued within twenty eight days after the date on which the
Authority publishes its
Significant Code Review Conclusions then, for the purposes of the
Code, a
Significant Code Review Phase shall be deemed to have ended on the twenty ninth day after publication of the
Significant Code Review Conclusions.
5.2 Modifications raised during a Significant Code Review Phase
5.2.1 The Authority may notify the Panel at any time of its determination that a Proposed Modification raised during a Significant Code Review Phase is exempt from the Significant Code Review (a "SCR Exempt Modification Proposal").
5.2.2 Unless the
Authority issues a notification pursuant to
paragraph 5.2.1 the
Panel shall, as soon as reasonably practicable after a
Modification Proposal is raised during a
Significant Code Review Phase, conduct a
SCR Suitability Assessment of the relevant
Modification Proposal and submit a
SCR Suitability Assessment Report to the
Authority which shall include the
Panel’s assessment of:
(a) whether such Modification Proposal falls within the scope of a Significant Code Review and its reasons for that assessment;
(b) whether such Modification Proposal is a SCR Modification Proposal; and
(c) any other matters which the Panel considers to be relevant including the urgency or otherwise of the Modification Proposal.
5.2.3 For the purposes of a
SCR Suitability Assessment, the
Panel may invite representations from Parties or conduct a consultation with such of those persons listed in
paragraph 2.1.10(a) as it deems fit in its absolute discretion provided that any associated
SCR Suitability Assessment Report shall contain such representations or consultation responses (as the case may be).
5.2.4 Following receipt of a SCR Suitability Assessment Report the Authority may notify the Panel of its determination of whether the relevant Modification Proposal falls within the scope of a relevant Significant Code Review.
5.2.5 Subject to
paragraph 5.2.6 but without prejudice to
paragraph 2.1.12, a
Modification Proposal raised during a
Significant Code Review Phase shall proceed in accordance with
paragraph 2 of this Section F until and unless the
Authority notifies the
Panel of its determination that such
Modification Proposal falls within the scope of a
Significant Code Review (a "
SCR Subsumed Modification Proposal") whereupon the
Panel shall, as soon as reasonably practicable, notify those persons listed at
paragraph 2.1.10(a) and the
Proposer that such
SCR Subsumed Modification Proposal shall not proceed further in accordance with
paragraph 2 of this Section F until the relevant
Significant Code Review Phase has ended in accordance with
paragraph 5.1.3.
5.2.6 Without prejudice to
paragraph 5.2.10, the
Authority may notify the
Panel that, notwithstanding its determination that a
Modification Proposal falls within the scope of the relevant
Significant Code Review, having considered all the relevant circumstances including the urgency of the subject matter of the
Modification Proposal, such
Modification Proposal may proceed in accordance with
paragraph 2 of this Section F.
5.2.7 Subject to
paragraph 5.2.9, for the avoidance of doubt, if the
Authority determines that a
Proposed Modification is a
SCR Exempt Modification Proposal then for the purposes of the
Code any associated Alternative Proposal shall be treated as a
SCR Exempt Modification Proposal.
5.2.8 At any time prior to the submission of a
Modification Report in respect of a
SCR Exempt Modification Proposal in accordance with
paragraph 2.7.6, the
Authority may direct that the
Panel re-submit a
SCR Suitability Assessment Report in respect of that
SCR Exempt Modification Proposal and/or any associated Alternative Proposal, provided that until and unless the
Authority makes a determination in accordance with
paragraph 5.2.9 such
SCR Exempt Modification Proposal and/or any associated Alternative Proposal shall proceed in accordance with
paragraph 2 of this Section F.
5.2.9 Following the receipt of a
SCR Suitability Assessment Report pursuant to
paragraph 5.2.8, if the
Authority notifies the
Panel of its determination that the relevant
Proposed Modification and/or any associated
Alternative Modification shall be treated as a
SCR Subsumed Modification Proposal for the purposes of the
Code then such
Modification Proposal shall not proceed further until the relevant
Significant Code Review Phase has ended in accordance with
paragraph 5.1.3 and the
Modification Secretary shall notify the
Authority’s determination pursuant to this
paragraph 5.2.9 to those persons listed in
paragraph 2.1.10(a).
5.2.10 The provisions of
paragraph 2.9 shall apply mutatis mutandis to a
SCR Subsumed Modification Proposal as if:
(a) references to a "proposal" and a "Modification Proposal" were references to a "SCR Subsumed Modification Proposal";
(b) references to
BSCCo and/or the NETSO were removed in
paragraphs 2.9.1 and
2.9.2, such that the right to make a recommendation to the
Panel to treat a
SCR Subsumed Modification Proposal as an
Urgent Modification Proposal were limited to the
Proposer; and
(c) the
Proposer were obliged to provide reasons for any recommendation to the
Panel pursuant to
paragraph 2.9.1.
5.2.11 For the avoidance of doubt, if the
Authority consents to treat a
SCR Subsumed Modification Proposal as an
Urgent Modification Proposal it shall cease to be treated as a
SCR Subsumed Modification Proposal for the purposes of the
Code and shall proceed in accordance with
paragraph 2.9.
5.3 Significant Code Review Modifications
5.3.1 The Authority may direct the NETSO to raise a SCR Modification Proposal and:
(a) the NETSO shall comply with the Authority’s direction (including any timetable relating thereto);
(b) the NETSO and/or the
Panel shall not withdraw the
SCR Modification Proposal pursuant to
paragraphs 2.1.12 and
2.1.12A respectively without the prior consent of the
Authority;
(c) the
SCR Modification Proposal shall not be amalgamated with any other
Modification Proposal in accordance with
paragraph 2.3 or otherwise without the prior consent of the
Authority; and
(d) the Authority’s Significant Code Review Conclusions (if any) or direction in respect of the SCR Modification Proposal shall not fetter the views of the relevant Workgroup, the voting rights of the Panel or the recommendation of the Modification Report in respect of such SCR Modification Proposal.
5.3.1A The Authority may raise a SCR Modification Proposal and:
(a) the
Panel shall not withdraw the
SCR Modification Proposal pursuant to
paragraphs 2.1.12A without the prior consent of the
Authority;
(b) the
SCR Modification Proposal shall not be amalgamated with any other
Modification Proposal in accordance with
paragraph 2.3 or otherwise without the prior consent of the
Authority; and
(c) the Authority’s Significant Code Review Conclusions (if any) or direction in respect of the SCR Modification Proposal shall not fetter the views of the relevant Workgroup, the voting rights of the Panel or the recommendation of the Modification Report in respect of such SCR Modification Proposal.
5.3.2 The
Panel shall not refuse to accept a
SCR Modification Proposal in accordance with
paragraph 2.1.4 or otherwise.
5.3A Authority Led SCR Modification
5.3A.1 Where the
Authority has issued a statement in accordance with
paragraph 5.1.3A and/or a
Backstop Direction in accordance with
paragraph 5.3B.1, the
Authority may submit an
Authority Led SCR Modification Proposal for an
Authority Led SCR Modification directly to the
Panel.
5.3A.2 In response to an Authority Led SCR Modification Proposal the Panel shall prepare an Authority Led SCR Modification Report which shall include;
(a) an evaluation of the proposed Authority Led SCR Modification; and
(b) an assessment of the extent to which the proposed Authority Led SCR Modification would better facilitate achievement of the applicable BSC objective(s); and
(c) a detailed explanation of the Panel’s reasons for that assessment (such assessment to include, where the impact is likely to be material, an assessment of the proposal on greenhouse gas emissions, to be conducted in accordance with such guidance on the treatment of carbon costs and evaluation of the greenhouse gas emissions as may be issued by the Authority from time to time); and
(d) a timetable for implementation of the Authority Led SCR Modification, including the date with effect from which such modification could take effect.
5.3A.3 The Authority Led SCR Modification Report shall be submitted to the Authority as soon after the SCR Modification Proposal is submitted for evaluation as is appropriate (taking into account the complexity, importance and urgency of the modification).
5.3A.4 The
Authority can require the revision and re-submission of the
Authority Led SCR Modification Report in accordance with
paragraph 2.7A.1;
5.3A.5 The timetable referred to in
paragraph 5.3A.2(d) for implementation of any modification shall be set by the
Authority under
paragraph 5.3A.1 or where no timetable has been issued by the
Authority under
paragraph 5.3A.1, the timetable shall be such as will enable the modification to take effect as soon as practicable, account being taken of the complexity, importance and urgency of the modification with the
Authority having discretion to change the timetable.
5.3A.6 The timetable for the completion of the procedural steps for a
Authority Led SCR Modification, as outlined in
paragraphs 5.3A.2,
5.3A.3 and
5.3A.4, shall be set by the
Authority in its sole discretion.
5.3A.7 Subject to
paragraph 5.3A.6 the
Panel may conduct such consultation with Parties and interested third parties as it considers necessary.
5.3A.8 The
Significant Code Review Conclusions and
Authority Led SCR Modification Proposal shall not fetter the voting rights of the
Panel or the recommendation procedures informing the report described at
paragraph 5.3A.2.
5.3B.1 Where a
SCR Modification Proposal has been made in accordance with
paragraph 5.3.1 or
5.3.1A and it falls within the scope of
paragraph 2.1.1(h), the
Authority may issue a direction (a "
Backstop Direction"), which requires such proposal(s) and any alternatives to be withdrawn and which causes the
Significant Code Review phase to recommence.
Paragraph 2.1.12B shall not apply when a
Backstop Direction is issued.
5.4 Modifications raised prior to a Significant Code Review
5.4.1 Without prejudice to
paragraph 2.1.12(a), the
Proposer of a
Modification Proposal raised prior to a
Significant Code Review may at any time prior to completion of the
Workgroup’s report prepared in accordance with
paragraph 2.6.4, request that the
Panel suspend progress of such
Modification Proposal until the relevant
Significant Code Review ceases in accordance with
paragraph 5.1.3.
5.4.2 The
Proposer shall specify the reasons for a request submitted in accordance with
paragraph 5.4.1.
5.4.3 If the
Panel is satisfied that a
Modification Proposal should be suspended pursuant to
paragraph 5.4.1 ("a
SCR Suspended Modification Proposal"), the
Modification Secretary shall notify those persons listed in
paragraph 2.1.10(a).
5.4.4 Upon cessation of the relevant
Significant Code Review in accordance with
paragraph 5.1.3, the
Panel shall, subject to
paragraph 2.2.9, revise the timetable for completion of the
Definition Procedure and/or
Assessment Procedure (as the case may be) relating to a
SCR Suspended Modification Proposal taking into account the period of suspension.
5.4.5 For the avoidance of doubt, a period of suspension in respect of a
SCR Suspended Modification Proposal shall not be treated as a period of extension of the timetable for the purposes of
paragraph 2.2.9.
6.1 Determination of Self-Governance
6.1.1 A Modification Proposal shall be treated as suitable for the self-governance route ("a Self-Governance Modification Proposal") where:
(a) subject to
paragraphs 6.1.2,
6.1.3 and
6.1.4, the
Panel has submitted (and not withdrawn) a Self–Governance Statement to the
Authority in respect of such
Modification Proposal; or
(b) the Authority notifies the Panel of its determination that such Modification Proposal satisfies the Self-Governance Criteria and is suitable for the self-governance route.
6.1.2 The
Panel may conduct a consultation of the relevant persons listed in
paragraph 2.1.10(a) prior to submitting a
Self-Governance Statement to the
Authority but where it does so, it shall unless otherwise directed by the
Authority, submit copies of all consultation responses received to the
Authority at least seven days prior to the date it intends to make any determination in accordance with
paragraph 6.1.3.
6.1.3 Subject to
paragraph 6.1.4, the
Panel may determine no earlier than seven days after submitting the consultation responses to the
Authority in accordance with
paragraph 6.1.2 whether or not a
Proposed Self-Governance Modification or any associated
Alternative Self-Governance Modification better facilitates the achievement of the Applicable BSC Objectives when compared to the existing provisions of the
Code.
6.1.4 Where
paragraph 6.1.1(a) applies, the
Panel may determine a
Self-Governance Modification Proposal in accordance with
paragraph 6.1.3 until and unless the
Authority directs the
Panel that such
Modification Proposal does not satisfy the Self-Governance Criteria and is not suitable for self-governance provided that such direction occurs no later than any relevant determination by the
Panel in accordance with
paragraph 6.1.3.
6.1.5 For the avoidance of doubt, if a
Modification Proposal is not suitable for self-governance in accordance with
paragraph 6.1.1 or as otherwise determined by the
Authority, it shall be processed as further provided in
paragraph 2 of this Section F.
6.1.6 For the avoidance of doubt (but subject always to the provisions of this
paragraph 6) the provisions of
paragraph 2 of this Section F shall apply mutatis mutandis to a
Self-Governance Modification Proposal as if:
(a) references to a "Proposed Modification" were references to a "Proposed Self-Governance Modification";
(b) references to a "Alternative Modification" were references to a "Alternative Self-Governance Modification"; and
(c) references to a "Modification Report" were references to a "Self-Governance Modification Report".
6.1.7 A Self-Governance Statement shall, wherever possible, include the Panel’s proposed date for the Panel’s determination of a relevant Self-Governance Modification Proposal, provided that without prejudice to the foregoing the Modification Secretary shall notify the Authority as soon as reasonably practicable of the proposed date where it is not stated in the Self-Governance Statement or any revisions to such proposed date.
6.2 Withdrawal of a Self-Governance Statement
6.2.1 The
Panel may, prior to making its determination pursuant to
paragraph 6.1.3, withdraw an associated
Self-Governance Statement provided that it notifies those persons listed in
paragraph 2.1.10(a) of its decision and the reasons in respect thereof, and subject to any determination of the
Authority pursuant to
paragraph 6.1.1(b), such
Modification Proposal shall be processed as further provided in
paragraph 2 of this Section F.
6.3 Implementation of a Self-Governance Modification Proposal
6.3.1 Within the same day as the
Panel determines whether or not the
Proposed Self-Governance Modification or any associated
Alternative Self-Governance Modification should be implemented in accordance with
paragraph 6.1.3, the
Modification Secretary shall notify the
Authority, the NETSO, each of the persons referred to in
paragraph 1.9.3 and each
Party of the
Panel’s determination.
6.3.2 Within three
Business Days after the notification pursuant to
paragraph 6.3.1, the
Modification Secretary shall finalise the relevant
Self-Governance Modification Report and shall forthwith:
(a) submit such Self-Governance Modification Report to the Authority and the NETSO; and
(b) copy such Self-Governance Modification Report to:
(ii) each Panel Member; and
6.3.3 Subject always to
paragraph 6.4, following receipt of a
Self-Governance Modification Report pursuant to
paragraph 6.3.2(a), the NETSO shall serve a notice of modification on the
Modification Secretary signed by the NETSO in accordance with the determination of the
Panel set out in the relevant
Self-Governance Modification Report and furthermore:
(a) the Code shall (if applicable) be modified in accordance with the terms of such notice; and
(b) the
Modification Secretary shall send a copy of such notice to all the persons listed in
paragraph 1.1.2(b).
6.3.4 The
Self-Governance Modification Report shall not specify a
Self-Governance Implementation Date (if any) earlier than sixteen
Business Days after the
Panel’s determination pursuant to
paragraph 6.1.3.
6.4 Appeal relating to the Panel’s determination of a Self-Governance Modification Proposal
6.4.1 The
Panel’s determination in relation to a
Proposed Self-Governance Modification or any associated
Alternative Self-Governance Modification shall be implemented in accordance with
paragraph 6.3.3 unless an appeal is notified by any of the persons listed in
paragraph 2.1.10(a) to the
Authority and the
Panel in accordance with
paragraphs 6.4.2 and
6.4.10 no later than fifteen
Business Days after the relevant
Panel determination was notified to Parties pursuant to
paragraph 6.3.1.
(a) the appealing party is, or is likely to be, unfairly prejudiced by the implementation or non-implementation of a Self-Governance Modification Proposal;
(b) in the case of an Approved Self-Governance Modification Proposal, the Proposed Self-Governance Modification or an associated Alternative Self-Governance Modification (if any) does not better facilitate the achievement of one or more of the Applicable BSC Objectives; or
(c) in the case of a Rejected Self-Governance Modification Proposal, the Proposed Self-Governance Modification or an associated Alternative Self-Governance Modification (if any) better facilitates the achievement of one or more of the Applicable BSC Objectives.
6.4.2A The
Secretary of State, a
CFD Settlement Services Provider and a
CM Settlement Services Provider shall not be entitled to raise an appeal under
paragraph 6.4.2.
6.4.3 Where an appeal is raised in relation to a determination of the
Panel pursuant to
paragraph 6.3.1 the
Authority may:
(a) refuse permission to appeal where:
(ii) none of the grounds set out in
paragraph 6.4.2 have been specified by the appealing party as the basis for their appeal; or
(iii) in the opinion of the Authority the appeal has been brought for reasons which are trivial, vexatious or have no reasonable prospect of success; or
(b) where permission to appeal has not been refused pursuant to
paragraph 6.4.3(a), consider the appeal and:
(i) reject the appeal where, in the opinion of the
Authority, the criterion set out in
paragraph 6.4.2(a) has not been satisfied and/or the determination of the
Panel pursuant to
paragraph 6.3.1 was correct; or
(ii) subject to
paragraph 6.4.5, uphold the appeal where, in the opinion of the
Authority, at least one of the criteria for appeal set out in
paragraph 6.4.2 are satisfied.
(a) quash the relevant
Panel determination appealed against and determine whether or not the relevant
Proposed Self-Governance Modification and any associated
Alternative Self-Governance Modification should be implemented, provided that in such event the relevant
Panel determination appealed against shall, for the purposes of the
Code, be treated as a
Modification Report containing a recommendation of the
Panel pursuant to
paragraph 2.7.7; or
(b) remit the
Proposed Self-Governance Modification and any associated
Alternative Self-Governance Modification back to the
Panel for re-consideration and a further determination by the
Panel pursuant to
paragraph 6.1.3.
6.4.6 Notwithstanding the provisions of
paragraph 6.3, a
Proposed Self-Governance Modification and any associated
Alternative Self-Governance Modification shall not be implemented pending the outcome of any appeal in respect of that
Self-Governance Modification Proposal.
6.4.7 For the avoidance of doubt, if the
Authority upholds an appeal in accordance with
paragraph 6.4.3(b)(ii) and makes a determination in accordance with
paragraph 6.4.5(a), the provisions of
paragraph 2 of this Section F shall apply to the relevant
Modification Proposal.
6.4.8 For the avoidance of doubt, the provisions of
paragraphs 6.3 and
6.4 shall apply to any further determination of the
Panel made pursuant to a remittal by the
Authority in accordance with
paragraph 6.4.5(b).
6.4.9 For the avoidance of doubt, the
Panel shall comply with any decision or direction of the
Authority arising from an appeal under this
paragraph 6.4, including the provision of additional analysis or information.
6.4.10 A notice of appeal issued pursuant to
paragraph 6.4.1 shall specify:
(b) the reasons for the appeal.
7. FAST TRACK SELF-GOVERNANCE
7.1 Determination of Fast Track Self-Governance
7.1.1 A Modification Proposal shall be treated as suitable for the fast track self-governance route (a "Fast Track Self-Governance Modification Proposal") where the Panel determines by unanimous vote that a Modification Proposal meets all of the Fast Track Self-Governance Criteria.
7.2 Implementation of Fast Track Self-Governance Modification Proposals
7.2.1 A
Fast Track Self-Governance Modification Proposal shall only be implemented pursuant to
paragraph 7 where:
(a) the Panel has unanimously determined that the Fast Track Self-Governance Modification Proposal should be implemented; and
7.2.2 Within one
Business Day after the
Panel has made its determination under
paragraph 7.2.1, the
Modification Secretary shall send the
Fast Track Self-Governance Modification Report to the
Authority, the NETSO and each
Party and publish it on the
BSC Website.
7.2.3 Subject always to
paragraph 7.3, following receipt of a
Fast Track Self-Governance Modification Report pursuant to
paragraph 7.2.2, the NETSO shall serve a notice of modification on the
Modification Secretary signed by the NETSO in accordance with the determination of the
Panel set out in the relevant
Fast Track Self-Governance Modification Report and:
(a) the Code shall be modified in accordance with the terms of such notice; and
(b) the
Modification Secretary shall send a copy of such notice to all the persons listed in
paragraph 1.1.2(b).
7.2.4 The
Fast Track Self-Governance Modification Report shall not specify a
Fast Track Self-Governance Implementation Date (if any) earlier than sixteen
Business Days after the date of the notice under
paragraph 7.2.2.
7.3 Objections to Fast Track Self-Governance Modification Proposals
7.3.1 The
Panel’s determination in relation to a
Fast Track Self-Governance Modification Proposal shall be implemented in accordance with
paragraph 7.2.3 unless an objection is raised in accordance with
paragraph 7.3.2.
(a) notifying the
Modification Secretary of the objection no later than fifteen
Business Days after the date of the notice sent under
paragraph 7.2.2; and
(b) including in such objection notice an explanation of why the objecting person objects to the Modification Proposal including, where applicable, rationale for why the Modification Proposal does not satisfy all of the Fast Track Self-Governance Criteria.
7.3.3 Within one
Business Day of receiving an objection notice the
Modification Secretary shall notify each of the persons specified in
paragraph 1.1.2 (b) that an objection has been raised in respect of that
Fast Track Self-Governance Modification Proposal.
7.3.4 Where an objection is raised pursuant to
paragraph 7.3 the
Fast Track Self-Governance Modification Proposal shall not be implemented under
paragraph 7 and the
Panel shall:
(a) determine that such
Modification Proposal shall be progressed under
paragraph 6 in which case:
(i) the Modification Proposal shall be deemed to be a Self-Governance Modification Proposal;
(ii) the Fast Track Self-Governance Modification Report shall be deemed to be a Self-Governance Statement; and
(iii) the provisions of
paragraphs 6.3,
6.4 and (subject always to the provisions of
paragraph 6)
2.7 shall apply in respect of that
Modification Proposal; or
(b) determine that such
Modification Proposal shall be progressed as further provided in
paragraph 2.7 of this Section F; or
(c) determine that such
Modification Proposal shall be progressed as further provided in
paragraph 2.6 of this Section F.
7.3.5 Before making a determination in accordance with
paragraphs 7.3.4(a) or
7.3.4(b) the
Panel shall first make a determination as to whether the
Modification Proposal better facilitates the achievement of the Applicable BSC objectives when compared with the existing provisions of the
Code.
8. AUTHORITY RAISED OR DIRECTED MODIFICATION PROPOSALS
8.1 Authority Raised Modification Proposals
8.1.1 Where a
Modification Proposal has been raised pursuant to
paragraph 2.1.1(g), the
Panel shall comply with any direction(s) issued by the
Authority in respect of that
Modification Proposal setting and/or amending a timetable for the;
(a) completion of each stage of the Modification Procedure; and/or
(b) implementation of the modification.
8.2 Authority Directed Modification Proposals
8.2.1 Subject to
paragraph 5.3, the
Authority may direct the NETSO to raise a
Modification Proposal only in relation to modifications which the
Authority reasonably considers are necessary to comply with or implement the
Electricity Regulation and/or any relevant legally binding decisions of the
European Commission and/or the
Agency, but a binding decision does not include a decision that is not, or so much of a decision that is not,
Assimilated Law.
8.2.2 The NETSO and the
Panel shall comply with any direction(s) issued by the
Authority in accordance with
paragraph 8.2.1:
(a) requiring the NETSO to raise a modification proposal; and/or
(b) setting or amending a timetable for the:
(i) completion of each of the proposal steps; and/or
(ii) implementation of a modification.
8.3 Acceptance of Authority Raised or Directed Modification Proposals
8.3.1 The
Panel shall not refuse to accept such a
Modification Proposal which has been raised pursuant to
paragraphs 8.1 or
8.2 whether in accordance with
paragraph 2.1.4 or otherwise.
8.4 Withdrawal of Authority Raised or Directed Modification Proposals
8.4.1
Modification Proposals raised or directed by the
Authority in accordance with
paragraphs 8.1 or
8.2 shall not be withdrawn by the NETSO and/or the
Panel pursuant to
paragraphs 2.1.12 and
2.1.12A respectively without the prior consent of the
Authority.
8.4.2 If, pursuant to
paragraph 8.4.1, the
Authority consents to the withdrawal of a
Modification Proposal, the provisions of
paragraph 2.1.12B shall apply to such
Modification Proposal.
8.5 Amalgamation of Authority Raised or Directed Modification Proposals
8.5.1 The
Modification Proposal which has been raised pursuant to
paragraph 8.1 or
8.2 shall not be amalgamated with any other
Modification Proposal in accordance with
paragraph 2.3 or otherwise without the prior consent of the
Authority.
8.6 Non-Fettering of Voting Rights
8.6.1 In respect of any
Modification Proposal which has been raised pursuant to
paragraph 8.1 or 8.2 the views of the relevant
Workgroup, the voting rights of the
Panel or the recommendation of the
Panel in respect of such
Modification Proposal shall not be fettered or restricted notwithstanding that such
Modification Proposal has been so raised under
paragraph 8.1 or
8.2.
1. The matters referred to in
Section F2.6.4 are (to the extent applicable to the proposal in question):
(a) a description of the Proposed Modification including the details of, and the rationale for, any variations made (or, as the case may be, omitted) by the Proposer together with the views of the Workgroup, and an analysis of and the views and rationale of the Workgroup as to whether (and, if so, to what extent) the Proposed Modification would better facilitate achievement of the Applicable BSC Objective(s);
(b) a description and analysis of any Alternative Modification developed by the Workgroup which, as compared with the Proposed Modification, would better facilitate achievement of the Applicable BSC Objective(s) and the views and rationale of the Group in respect thereof;
(c) an assessment or estimate (as the case may be) of:
(i) the impact of the Proposed Modification and any Alternative Modification on BSC Systems;
(ii) any changes and/or developments which would be required to BSC Systems in order to give effect to the Proposed Modification and any Alternative Modification;
(iii) the total development and capital costs of making the changes and/or delivering the developments referred to in paragraph (ii);
(iv) the time period required for the design, build and delivery of the changes and/or developments referred to in paragraph (ii);
(v) the increase or decrease in the payments due under the BSC Agent Contracts in consequence of the Proposed Modification and any Alternative Modification;
(vi) the additional payments (if different from those referred to in paragraph (v)) due in connection with the operation and maintenance of the changes and/or developments to BSC Systems as a result of the Proposed Modification and any Alternative Modification;
(vii) any other costs or liabilities associated with BSC Systems attributable to the Proposed Modification and any Alternative Modification;
(i) the impact of the Proposed Modification and any Alternative Modification on the Core Industry Documents and/or the System Operator-Transmission Owner Code and an indication of potential inconsistencies the Proposed Modification and any Alternative Modification have with the Capacity Market Documents and/or the CFD Documents;
(ii) the changes which would be required to the Core Industry Documents and/or the System Operator-Transmission Owner Code in order to give effect to the Proposed Modification and any Alternative Modification;
(iii) the mechanism and likely timescale for the making of the changes referred to in paragraph (ii);
(iv) the changes and/or developments which would be required to central computer systems and processes used in connection with the operation of arrangements established under the Core Industry Documents and/or the System Operator-Transmission Owner Code and/or the Capacity Market Documents and/or the CFD Documents;
(v) the mechanism and likely timescale for the making of the changes referred to in paragraph (iv);
(vi) an estimate of the costs associated with making and delivering the changes referred to in paragraphs (ii) and (iv);
(vii) any potential inconsistencies the Proposed Modification and any Alternative Modification have with the CFD Arrangements and/or the CM Arrangements;
(viii) whether (and the extent to which) the Proposed Modification and any Alternative Modification seeks to amend the EBGL Article 18 terms and conditions;
(ix) where a Proposed Modification or any Alternative Modification includes an amendment to the Article 18 Terms and Conditions, the expected impact on the EBGL Objectives,
together with a summary of representations in relation to such matters;
(i) the likely increase or decrease in BSC Costs (to the extent not already taken into account in paragraph (c) above) in consequence of the Proposed Modification and any Alternative Modification;
(ii) the changes required to Systems and processes of BSCCo in order to give effect to the Proposed Modification and any Alternative Modification; and
(iii) the BSC Costs which are expected to be attributable to the implementation of the Proposed Modification and any Alternative Modification, to the extent not taken into account under any other provision of this Annex F-1;
(f) to the extent such information is available to the Workgroup, an assessment of the impact of the Proposed Modification and any Alternative Modification on Parties in general (or classes of Parties in general) and Party Agents in general, including the changes which are likely to be required to their internal systems and processes and an estimate of the development, capital and operating costs associated with implementing the changes to the Code and to Core Industry Documents and/or the System Operator-Transmission Owner Code;
(g) an assessment of the Proposed Modification and any Alternative Modification in the context of the statutory, regulatory and contractual framework within which the Code sits (taking account of relevant utilities, competition and financial services legislation);
(h) a summary of the representations (pursuant to
Section F2.2.6 or Section F2.6.5(b)) made by Parties and interested third parties during the consultation undertaken in respect of the
Proposed Modification and any
Alternative Modification and the views and comments of the
Workgroup in respect thereof;
(i) a summary of the analysis and impact assessment prepared by the NETSO pursuant to
Section F 2.6.6or Section F2.8.1A and, where the
Modification Proposal has been subject to the
Assessment Procedure, the views and comments of the
Workgroup in respect thereof;
(j) a summary of the impact assessment prepared by relevant BSC Agents and the views and comments of the Workgroup in respect thereof;
(k) a summary of any impact assessment prepared by Core Industry Document Owners and/or the STC Committee, and a summary of any impact assessment prepared by:
(i) the Secretary of State, the CM Settlement Body and/or a CM Settlement Services Provider in relation to the Capacity Market Rules;
(ii) the Secretary of State in relation to the Capacity Market Documents;
(iii) the Secretary of State, any CfD Counterparty and/or any CFD Settlement Services Provider in relation to the AF Rules;
(iv) the Secretary of State in respect of the CFD Documents; or
(v) the DIP Manager in relation to the DIP Rules;and the views and comments of the Workgroup in respect thereof;
(l) a copy of the terms of reference and any report or analysis of external consultants or advisers engaged in respect thereof;
(m) a list of the key assumptions which the Workgroup has made in formulating its views;
(n) any other matters required by the terms of reference of such Workgroup;
(o) any other matters which the
Workgroup consider should properly be brought to the attention of the
Panel to assist the
Panel in forming a view as to whether the
Proposed Modification and any
Alternative Modification would better facilitate achievement of the
Applicable BSC Objective(s) including an assessment, conducted in accordance with
Section F2.6.2A, of the quantifiable impact of the
Proposed Modification and any
Alternative Modification on greenhouse gas emissions where such impact is likely to be material;
(p) subject to
Section F2.6.8 and Section F2.6.9F, the proposed text to modify the
Code in order to give effect to the
Proposed Modification and any
Alternative Modification, together with a commentary setting out the nature and effect of such text and of other areas of the
Code which would be affected by the changes;
(q) subject to
Section F2.11.20, the
Workgroup's proposed
Implementation Date(s) for implementation (subject to the consent of the
Authority) of the
Proposed Modification and any
Alternative Modification;
(r) an executive summary of the project brief prepared by
BSCCo pursuant to
Section F2.6.6(e);
(s) a recommendation (where applicable) as to whether, if the Proposed Modification or Alternative Modification is approved, Settlement Runs and Volume Allocation Runs carried out after the Implementation Date of such Approved Modification in respect of Settlement Days prior to that date should be carried out taking account of such Approved Modification or not;
(t) the proposed text (if any) to modify the Memorandum and Articles of Association of BSCCo and/or the BSC Clearer in order to give effect to the Proposed Modification and any Alternative Modification, together with a commentary setting out the nature and effect of such text and of other areas of the Memorandum and Articles of Association and/or the Code which would be affected by the changes; and
(u) a summary of any changes which would be required to Code Subsidiary Documents as a consequence of such Proposed Modification or Alternative Modification.
ANNEX F-2: EBGL ARTICLE 18 TERMS AND CONDITIONS
This table identifies those Sections or parts of the Code that constitute EBGL Article 18 terms and conditions.
The mapping, for the purposes of Article 18 of the Guideline on Electricity Balancing, of the terms and conditions for balancing services providers and balancing responsible parties to the GB framework (comprising the Code, the Grid Code, the CUSC and the Standard Contract Terms) was approved by the Authority on 8th October 2019. The rules for suspension and restoration of market activities (pursuant to Article 36 of the Network Code on Electricity Emergency and Restoration) and the rules for settlement in case of market suspension (pursuant to Article 39 of the Network Code on Electricity Emergency and Restoration) were approved by the Authority on 11th June 2021 (and are incorporated in the mapping below in respect of Article 18.2).
Article | EBGL Text | BSC Section |
18.2 | The terms and conditions pursuant to paragraph 1 shall also include the rules for suspension and restoration of market activities pursuant to Article 36 of Regulation (EU) 2017/2196 and rules for settlement in case of market suspension pursuant to Article 39 of Regulation (EU) 2017/2196 once approved in accordance with Article 4 of Regulation (EU) 2017/2196. | G3, P1.6, P5, Q4.3.4, Q5.4, Q5A and T1.7 |
18.4 | The terms and conditions for balancing service providers shall: | |
18.4.a | define reasonable and justified requirements for the provisions of balancing services; | A, H3, H4.2, H4.7, H4.8, H5.5, H6, H10, J3.3, J3.6, J3.7 and J3.8 |
18.4.b | allow the aggregation of demand facilities, energy storage facilities and power generating facilities in a scheduling area to offer balancing services subject to conditions referred to in paragraph 5 (c); | K3.3, K8, S6.2, S6.3, S11, S12, S13 and S14 |
18.4.c | allow demand facility owners, third parties and owners of power generating facilities from conventional and renewable energy sources as well as owners of energy storage units to become balancing service providers; | K3.2, K3.3, K8 |
18.4.d | require that each balancing energy bid from a balancing service provider is assigned to one or more balance responsible parties to enable the calculation of an imbalance adjustment pursuant to Article 49. | T4, Q7.2, Q6.4 |
18.5 | The terms and conditions for balancing service providers shall contain: | |
18.5.a | the rules for the qualification process to become a balancing service provider pursuant to Article 16; | J3.3, J3.6, J3.7, J3.8, K3.2, K3.3 and K8 |
18.5.c | the rules and conditions for the aggregation of demand facilities, energy storage facilities and power generating facilities in a scheduling area to become a balancing service provider; | K3.3 and K8 |
18.5.d | the requirements on data and information to be delivered to the connecting TSO and, where relevant, to the reserve connecting DSO during the prequalification process and operation of the balancing market; | O |
18.5.e | the rules and conditions for the assignment of each balancing energy bid from a balancing service provider to one or more balance responsible parties pursuant to paragraph 4 (d); | T4 |
18.5.h | the rules for the determination of the volume of balancing energy to be settled with the balancing service provider pursuant to Article 45; | T3 |
18.5.i | the rules for the settlement of balancing service providers defined pursuant to Chapters 2 and 5 of Title V; | T1.14, T3 and U |
18.5.j | a maximum period for the finalisation of the settlement of balancing energy with a balancing service provider in accordance with Article 45, for any given imbalance settlement period; | U2.2 |
18.5.k | the consequences in case of non-compliance with the terms and conditions applicable to balancing service providers. | H3, Z7 and A5.2 |
18.6 | The terms and conditions for balance responsible parties shall contain: | - |
18.6.a | the definition of balance responsibility for each connection in a way that avoids any gaps or overlaps in the balance responsibility of different market participants providing services to that connection; | K1.2, P3 and T4.5 |
18.6.b | the requirements for becoming a balance responsible party; | A, H3, H4.2, H4.7, H4.8, H5.5, H6, H10, J3.3, J3.6, J3.7, J3.8, K2, K3.3 and K8 |
18.6.c | the requirement that all balance responsible parties shall be financially responsible for their imbalances, and that the imbalances shall be settled with the connecting TSO; | N2, N6, N8, N12, and T4, |
18.6.d | the requirements on data and information to be delivered to the connecting TSO to calculate the imbalances; | O, Q3, Q5.3, Q5.6, Q6.2, Q6.3, Q6.4 |
18.6.e | the rules for balance responsible parties to change their schedules prior to and after the intraday energy gate closure time pursuant to paragraphs 3 and 4 of Article 17; | P2 |
18.6.f | the rules for the settlement of balance responsible parties defined pursuant to Chapter 4 of Title V; | T4, U2 |
18.6.g | the delineation of an imbalance area pursuant to Article 54(2) and an imbalance price area; | GB constitutes one imbalance area and imbalance price area and they are equal to the synchronous area |
18.6.h | a maximum period for the finalisation of the settlement of imbalances with balance responsible parties for any given imbalance settlement period pursuant to Article 54; | U2.2 |
18.6.i | the consequences in case of non-compliance with the terms and conditions applicable to balance responsible parties; | H3, Z7 and A5.2 |
18.6.j | an obligation for balance responsible parties to submit to the connecting TSO any modifications of the position; | P2 |
18.6.k | the settlement rules pursuant to Articles 52, 53, 54 and 55; | T4, U2 |
AMENDMENT RECORD – SECTION F
Section F | Version 39.0 | Effective Date: 01 October 2024 |
Modification Proposal | Decision Date | Implementation Date | Version |
ORD009 | 13/09/24 | 01/10/24 | 39.0 |
P474 | 08/08/24 | 01/10/24 | 39.0 |
P464 | 091123 | 29/02/24 | 38.0 |
P450 | 12/01/23 | 23/02/2023 | 37.0 |
P376 | 06/08/21 | 23/02/2023 | 37.0 |
P431 Self Governance | 13/01/11 | 30/06/22 | 36.0 |
P422 Self Governance | 12/08/21 | 06/09/21 | 35.0 |
P420 | 23/07/21 | 01/09/21 | 34.0 |
P392 | 18/06/20 | 25/06/20 | 33.0 |
P394 Self-Governance | 12/12/19 | 27/02/20 | 32.0 |
P386 Self-Governance | 13/06/19 | 07/11/19 | 31.0 |
P370 | 20/02/19 | 03/04/19 | 30.0 |
P369 | 24/09/18 | 29/03/19 | 29.0 |
P351 | 01/03/17 | 01/04/17 | 28.0 |
P324 | 14/10/16 | 11/11/16 | 27.0 |
P305 | 02/04/15 | 05/11/15 | 26.0 |
ORD006 | Secretary of State | 25/06/15 | 25.0 |
P312 | 14/08/14 | 08/09/14 | 24.0 |
ORD005 | Secretary of State | 01/08/14 | 23.0 |
P298 | 04/07/14 | 18/07/14 | 22.0 |
P301 Fast Track Self Governance | 08/05/14 | 03/06/14 | 21.0 |
P296 | 17/11/13 | 06/11/13 | 20.0 |
P262 | 10/12/10 | 31/12/10 | 19.0 |
P263 | 24/11/10 | 31/12/10 | 19.0 |
P250 | 19/05/10 | 03/06/10 | 18.0 |
P247 | 14/05/10 | 28/05/10 | 17.0 |
ORD003 | 23/06/09 | 24/06/09 | 16.0 |
ADN004 | 01/10/08 | 01/10/08 | 15.0 |
P207 | 10/07/07 | 10/09/07 | 14.0 |
P208 | 16/01/07 | 22/02/07 | 13.0 |
P193 | 15/12/05 | 22/12/05 | 12.0 |
P187 | 26/07/05 | 09/08/05 | 11.0 |
P180 | 31/03/05 | 07/04/05 | 10.0 |
ORD001 | BETTA | 01/09/04 | 9.0 |
P154 | 04/08/04 | 11/08/04 | 8.0 |
P151 | 05/04/04 | 19/04/04 | 7.0 |
P107 | 30/04/03 | 04/11/03 | 6.0 |
P101 | 02/01/03 | 23/01/03 | 5.0 |
P28 | 26/06/02 | 10/07/02 | 4.0 |
P46 | 14/05/02 | 22/05/02 | 3.0 |
P56 | 10/03/02 | 18/03/02 | 2.0 |