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BSC Section X : Definitions and Interpretation

v 8.0
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SECTION X: DEFINITIONS AND INTERPRETATION

SUMMARY PAGE

Modification Proposal

Decision Date

Implementation Date

Version

P436

14/04/2022

18/07/22

8.0

P420

23/07/21

01/09/21

7.0

P394 Self-Governance

12/12/19

27/02/20

6.0

P369

24/09/18

29/03/19

5.0

P62

12/08/02

01/08/03

4.0

P106

22/04/03

24/06/03

3.0

P78

09/09/02

11/03/03

2.0

Section X

Version 8.0

Effective Date: 18 July 2022

SECTION X: DEFINITIONS AND INTERPRETATION

1. DEFINITIONS

1.1 General Definitions

1.1.1 In the Code and in each Code Subsidiary Document, unless the context otherwise requires and subject to any express provisions to the contrary, the words and expressions set out in Annex X-1 shall bear the respective meanings therein set out.

2. INTERPRETATION

2.1 General

2.1.1 In the Code, unless the context otherwise requires:

(a) a reference to a particular Section, paragraph or Annex is to a Section or paragraph of or Annex to a Section of the Code (and shall be construed as meaning such Section, paragraph or Annex as modified from time to time in accordance with the Transmission Licence);

(b) a reference in a particular Section or Annex to a particular paragraph is to such paragraph of that Section or Annex (as the case may be);

(c) not used;

(d) a reference to a Section includes any Annex to that Section;

(e) words in the singular may be interpreted as including the plural and vice versa;

(f) the word "including" is to be construed as meaning "including without limitation";

(g) a derivative term of any defined or interpreted term shall be construed in accordance with the relevant definition or interpretation;

(h) a reference to a particular gender may be interpreted as including any other gender.

2.1.2 A reference in the Code to any Legal Requirement shall be construed, at any particular time, as including a reference to any modification, extension or re-enactment (before or after the date of the Code) of that Legal Requirement in force at that time.

2.1.3 A reference in the Code to a particular condition of a Licence shall be construed, at any particular time, as including a reference to any modification (including re-numbering) of that condition in force at that time.

2.1.4 A reference in the Code to the Act includes, where the context permits, a reference to any orders or regulations made pursuant to the Act.

2.1.5 A reference in the Code to:

(a) an agreement is to such agreement as amended, supplemented, novated or replaced from time to time;

(b) a document is to the version of such document in force for the time being,

unless the context otherwise requires and subject to any express provision to the contrary in the Code.

2.1.6 Section and paragraph headings in the Code shall not affect the interpretation of any provision thereof.

2.2 Special rules

2.2.1 For the purposes of the Code:

(a) a Boundary Point is "associated with" a BM Unit where the BM Unit comprises Plant and/or Apparatus which Exports to and/or Imports from the Total System at that Boundary Point;

(b) Metering Equipment or a Metering System is "associated with" particular Plant and/or Apparatus (including any Generating Plant), or a BM Unit, where such Metering Equipment or the Metering Equipment comprised in such Metering System measures Imports and/or Exports of such Plant and/or Apparatus or (as the case may be) BM Unit;

(c) Metering Equipment or a Metering System is "at" a Boundary Point or Systems Connection Point where such Metering Equipment or the Metering Equipment comprised in such Metering System measures Imports and/or Exports at such Boundary Point or (as the case may be) flows of electricity at such Systems Connection Point;

(d) a BM Unit "comprises" a particular Metering System(s) where the Exports or Imports of that BM Unit are measured by that Metering System or those Metering Systems;

(e) a Boundary Point is "in" a GSP Group where the Boundary Point is the point at which Plant or Apparatus not forming part of the Total System is connected to a Distribution System which is comprised in that GSP Group;

(f) a Metering System is "in" a GSP Group where the Metering Equipment comprised in such Metering System measures Exports or Imports at a Boundary Point in that GSP Group;

(g) a BM Unit is "in" a GSP Group where all the Boundary Point(s) associated with that BM Unit are in that GSP Group;

(h) a Boundary Point is "on" a Distribution System or Associated Distribution System where the Boundary Point is the point at which Plant or Apparatus not forming part of the Total System is connected to that Distribution System or Associated Distribution System.

2.2.2 For the purposes of the Code:

(a) Plant or Apparatus which is connected to the Total System by Remote Transmission Assets shall be treated as directly connected to the Transmission System and not connected to or embedded in a Distribution System and the terms "connected" and "embedded" (whether by reference to such Plant or Apparatus or to Metering Systems or BM Units associated with such Plant or Apparatus) shall be construed accordingly, including (for the avoidance of doubt) in Section K and Section R4;

(b) in relation to a BM Unit:

(i) at any instant in time, the BM Unit is:

(1) Exporting electricity if there is an Export at that time from the Plant or Apparatus comprised in the BM Unit to the Total System; and

(2) Importing electricity if there is an Import at that time to the Plant or Apparatus comprised in the BM Unit from the Total System;

(ii) in relation to a Settlement Period, the BM Unit is:

(1) Exporting electricity if the net amount of the Exports and Imports of the Plant or Apparatus comprised in that BM Unit during that Settlement Period constitutes a net flow of electricity from that Plant or Apparatus to the Total System; and

(2) Importing electricity if the net amount of the Exports and Imports of the Plant or Apparatus comprised in that BM Unit during that Settlement Period constitutes a net flow of electricity to that Plant or Apparatus from the Total System.

2.2.3 In the Code, unless the context otherwise requires:

(a) in relation to a SVA Metering System (or to any data item required to be registered or recorded in respect of a SVA Metering System):

(i) a reference to the Supplier Meter Registration Agent (or SMRA) shall be to the Supplier Meter Registration Agent (or SMRA) on whose Distribution System or Associated Distribution System the Boundary Point associated with such Metering System is located;

(ii) a reference to the Supplier Meter Registration Service (or SMRS) shall be to the Supplier Meter Registration Service (or SMRS) for the Distribution System or Associated Distribution System on which the Boundary Point associated with such Metering System is located;

and registration "in SMRS" or "with the SMRA" (and cognate expressions) shall be construed accordingly;

(b) in relation to a SVA Metering System (or to any data item registered or recorded in respect of a SVA Metering System), where (subject to Section W1.7) any question or dispute arises in relation to the registration, information or data items registered or recorded in SMRS and CSS, the registrations, information or data items registered or recorded in CSS in respect of that SVA Metering System shall take precedence for the purposes of the Code;

(c) references to a person being "registered", "appointed" or "authorised" or to a thing being "registered" are to a person whose registration, appointment or authorisation or to a thing the registration of which (as the case may be) has become and is effective in accordance with the provisions of the Code;

(d) a registration, appointment or authorisation shall be "effective" for the purposes of the Code if it relates to the period on or after the date (or time, as the case may be) from which such registration, appointment or authorisation is to become effective in accordance with the provisions of the Code and before any date (or time, as the case may be) from which such registration, appointment or authorisation is to cease to be effective;

(e) in relation to a BM Unit, a "corresponding" Energy Account is:

(i) in the case of a Production BM Unit, a Production Energy Account; and

(ii) in the case of a Consumption BM Unit, a Consumption Energy Account;

(f) a reference to a Distribution System or Distribution System Operator in the context of a particular Metering System, Metering Equipment, BM Unit or Plant or Apparatus is a reference to the Distribution System or the Distribution System Operator which operates the Distribution System to which that Metering System, Metering Equipment, BM Unit or Plant or Apparatus is connected.

2.2.4 Unless the context otherwise requires, references to Supplier BM Units in Section S, Annex S-1 and Annex S-2 and in those parts of Annex X-2 which relate to Section S (but not elsewhere) are to those Base BM Units and Additional BM Units to which, at a given time, one or more SVA Metering Systems are assigned, and shall not include Base BM Units or Additional BM Units registered in CRS pursuant to Section K comprising no SVA Metering Systems.

2.2.5 In the Code, references to a Trading Party or the NETSO being liable for or entitled to Trading Charges, or to Trading Charges being payable by or paid to a Trading Party or the NETSO (and similar expressions) shall be interpreted as meaning such Party's liability to pay the BSC Clearer or right to be paid by the BSC Clearer amounts in respect of Trading Charges in accordance with Section N.

2.2.6 In relation to any Settlement Period, day, Business Day, month, or quarter or other period (a period of such type, a "relevant period") which is identified for the purposes of any provision of the Code by any identifying letter or letters (letter(s) 'L' for the purposes of this definition), a reference to a relevant period which follows or precedes relevant period L by a number ('n') of relevant periods may be denoted as relevant period "L + n" or "L – n" respectively.

2.2.7 For the purposes of the Code:

(a) BSCCo and any Subsidiary of BSCCo shall be deemed not to be an Affiliate or a Related Undertaking of the NETSO; and

(b) the NETSO and any Affiliate or Related Undertaking of the NETSO shall be deemed not to be an Affiliate or a Related Undertaking of BSCCo or any Subsidiary of BSCCo.

        1. Where the Code provides that a cost is to be borne by or to the account of BSCCo, such cost shall be a BSC Cost for the purposes of Section D.

        2. In relation to an Offer or a Bid, references to:

    1. ‘cheapest’ are to the Offer or Bid with the minimum Offer Price or Bid Price (as the case may be);

    2. ‘most expensive’ are to the Offer or Bid with the maximum Offer Price or Bid Price (as the case may be),

and minimum and maximum shall be construed in accordance with paragraph 1.2.1(e) of Annex X-2.

2.3 Times and Dates

2.3.1 Except where otherwise provided:

(a) where anything is to be done under the Code by or not later than a day or any period is to run to a day or anything is to be effective to a day, such thing may be done or such period shall run or such thing shall be effective to the end of such day; and

(b) where anything is to be done under the Code from or not earlier than a day or any period under the Code is to run from a day or anything is to be effective from a day, such thing may be done or such period shall run or such thing shall be effective from the start of such day.

2.3.2 Except where otherwise provided:

(a) where anything is to be done under the Code by or not later than a Business Day or any period is to run to a Business Day, such thing may be done or such period shall run up to 1700 hours on such Business Day; and

(b) where anything is to be done under the Code from or not earlier than a Business Day or any period under the Code is to run from a Business Day, such thing may be done or such period shall run from 0900 hours on such Business Day; and

(c) where anything is to be done on a Business Day, it shall be treated as having been done on the next following Business Day if it is done after 1700 hours on that Business Day.

2.3.3 References to times of the day in the Code are to London time.

2.4 Calculation of interest

2.4.1 Where the Code provides for interest to be charged on any amount payable under the Code, such interest shall be calculated at the applicable rate set out in the relevant provision of the Code in accordance with the provisions of paragraph 2.4.2 unless otherwise expressly provided.

2.4.2 Interest shall be calculated on the basis of the actual number of days elapsed and a 365 day year.

2.5 Value Added Tax

2.5.1 All sums required to be paid pursuant to the Code are expressed exclusive of any applicable VAT which (where applicable) shall be payable in addition to such sums at the rate or rates for the time being in force.

2.6 Application

2.6.1 The provisions of this paragraph 2 shall apply in the interpretation of each of the Code Subsidiary Documents, unless the context otherwise requires.

3. TECHNICAL INTERPRETATION

3.1 Application

3.1.1 In and for the purposes of the Code and each Code Subsidiary Document, unless otherwise stated:

(a) the provisions of Annex X-2 shall apply and be used (including in the implementation and construction thereof); and

(b) in interpreting and processing data submitted by a Party under the Code for the purposes of Settlement (including for the purposes of Section M and Section Q), the conventions and rules of interpretation established in Annex X-2 shall be applied.

3.1.2 This paragraph 3 and Tables X-4, X-5, X-6 and X-7 shall apply on a Supplier ID basis and shall be construed accordingly.