14.6.1 Required drafting for definitions of Discriminatory Change in Law and Specific Change in Law are as follows:
"Discriminatory Change in Law"
means a Change in Law, the terms of which apply expressly to:
(a) the Project and not to similar projects procured under the PFI;
(b) the Contractor and not to other persons; and/or
(c) PFI Contractors and not to other persons.
means any Change in Law which specifically refers to the provision of [services the same as or similar to the Service]198 or to the holding of shares in companies whose main business is providing [services the same as or similar to the Service].
14.6.2 Required drafting for a definition of General Change in Law is as follows:
means a Change in Law which is not a Discriminatory Change in Law or a Specific Change in Law.199
14.6.3 Where a risk sharing approach is adopted in respect of Change in Law (as referred to in Section 14.4.2),200 any costs arising from Discriminatory Changes in Law and Specific Changes in Law should be at the Authority's risk.
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198 In a Project involving construction, the "provision" of the Service will include the related construction of an asset to enable the Service to be provided. The Authority and its advisers will need to arrive at a definition of Specific Change in Law that gives protection in relation to Changes in Law which are targeted at companies delivering similar services to those being carried out by the Contractor (e.g. in NHS PFI Projects Specific Change in Law covers changes in law relating to the provision or operation of healthcare premises and changes in NHS requirements).
199 See Section 14.8.8 below.
200 The Authority should, accordingly, receive the full benefit of cost savings arising from Discriminatory Changes in Law and Specific Changes in Law. How such benefits are passed through to the Authority is a matter for discussion between the parties.