Common use of Procedure for amendments to Appendix 1 Clause in Contracts

Procedure for amendments to Appendix 1. (a) The party who wishes to amend Appendix 1 shall notify the other party of any such proposed change and the date from which it proposes that such change will have effect: (i) in the case of changes coming into effect on the Subsidiary4th Change Date, before 1 November in the preceding year; or (ii) in the case of changes coming into effect on the Principal4th Change Date, before 1 April in the same year. (b) Any notice under sub-paragraph 16.2(a) shall specify as far as possible that party’s proposed amendments to Appendix 1. Promptly following the service of any such notice the parties shall endeavour to agree whether Appendix 1 should be amended in accordance with this paragraph 16 and if so the amendments. (c) If the parties fail to reach agreement within 90 days after service of the relevant notice, the matter shall be referred for expert determination in accordance with Part D of the Access Dispute Resolution Rules save that: (i) the parties shall each request that the expert’s determination in writing is delivered to the parties no later than 56 days after the date of referral of the matter to the expert, and that the expert establishes such rules and procedures for the conduct of the determination as he sees fit having regard to that timescale; and (ii) each of the parties shall abide by the rules and procedures established by the expert. (d) Any amendment to Appendix 1 shall take effect only when it has been approved by the Regulator under section 22 of the Act. Accordingly, as soon as reasonably practicable after any such amendment is agreed or determined in accordance with this paragraph 16, the parties shall use all reasonable endeavours to ensure that the Regulator is furnished with such amendment and sufficient information and evidence as he shall require to determine whether or not to approve the amendment. (e) Any amendment to Appendix 1 shall apply with effect from the Summer Change Date or the Winter Change Date, as the case may be.

Procedure for amendments to Appendix 1. (a) The party who wishes to amend Appendix 1 shall notify the other party of any such proposed change and the date from which it proposes that such change will have effect: (i) : where such change relates to a forthcoming timetable change, on or before the first day of the month six months before the relevant Principal Change Date or Subsidiary Change Date on which that timetable change is due to occur; and in any other case, prior to the case of changes coming into effect on the Subsidiary4th Change Date, before 1 November in the preceding year; or (ii) in the case of changes coming into effect on the Principal4th Change Date, before 1 April in the same year. (b) date from which it proposes such change shall have effect. Any notice under sub-paragraph 16.2(a17.2(a) shall shall: specify as far as possible that party’s 's proposed amendments to Appendix 1; and be accompanied by information and evidence in reasonable detail supporting the change proposed and setting out the reasons for it. The party receiving a notice issued under paragraph 17.2(a) shall respond to that notice in writing, in reasonable detail and with reasons for its response, within 56 days of service of such notice. Promptly (and in any event within 34 days) following the service of any such notice response under paragraph 17.2(gggggggggg), the parties shall endeavour to agree whether Appendix 1 should be amended in accordance with this paragraph 16 and 17 and, if so so, the amendments. (c) . If the parties fail to reach agreement within 90 days after of service of a notice under paragraph 17.2(a), or if prior to that date both parties agree that agreement is unlikely to be reached within that period: either party may notify ▇▇▇; and if ▇▇▇ elects to determine the relevant noticematter, the parties shall furnish ▇▇▇ with such information and evidence as ▇▇▇ shall require in order to determine the matter, such determination to be binding on the parties. If ▇▇▇ does not elect to determine the matter shall be referred for expert determination within 56 days of receipt by ▇▇▇ of notification in accordance with Part D of paragraph 17.2(e)(i), either party may refer the Access Dispute Resolution Rules save that: (i) matter for resolution in accordance with the CVL ADRR and the parties shall each request that agree in a Procedure Agreement (such term to have the expert’s determination same meaning as in writing is delivered the CVL ADRR) that: the relevant CVL ADRR Forum shall have regard to any relevant criteria and/or policy statement issued by ▇▇▇ including in relation to the parties no later than 56 days after the date introduction of referral any capped value in respect of the matter to the expert, any Service Group in Appendix 1; and that the expert establishes such rules and procedures for the conduct of the determination as he sees fit having regard to that timescale; and (ii) each of the parties shall abide by the rules and procedures established by the expert. (d) Any relevant CVL ADRR Forum will set out its reasoning in any determination. An amendment to Appendix 1 shall take effect only when it has been approved by the Regulator ▇▇▇ under section 22 of the Act. Accordingly, as soon as reasonably practicable after any such amendment is agreed or determined in accordance with this paragraph 1617 (other than a determination by ▇▇▇ pursuant to paragraph 17.2(e)(ii)), the parties shall use all reasonable endeavours to ensure that the Regulator ▇▇▇ is furnished with such amendment and sufficient such information and evidence as he shall require ▇▇▇ requires to determine decide whether or not to approve the amendment. (e) . Any agreed amendment to Appendix 1 in connection with the proposal referred to in paragraph 17.1 which is agreed by the parties or determined by the relevant CVL ADRR Forum, and which is approved by ▇▇▇ under section 22 of the Act shall apply with effect from either: the Summer relevant Principal Change Date or Subsidiary Change Date (where paragraph 17.2(a)(i) applies); or the Winter Change Datedate proposed by the party requesting the change (where paragraph 17.2(a)(ii) applies), as unless otherwise agreed by the case parties or determined by the relevant CVL ADRR Forum in accordance with paragraph 17.2(f). Where ▇▇▇ determines the matter subject to paragraph 17.2(e)(ii), it may beissue a notice to the parties setting out the amendments to be made to Appendix 1 and the date, which may be retrospective, from which they shall take effect.