2.1 A Variation Enquiry shall be a document issued by the Board's Representative which:
(a) states on its face that it is a Variation Enquiry;
(b) states, in the case of a Board Works Variation or a Board Additional Works Item, whether it is the intention of the Board that the Board will pay a capital sum in respect of the Variation in accordance with paragraph 3 of Section 2 of this Part 22 of the Schedule or whether it is the intention of the Board that Project Co should seek to obtain finance in accordance with Section 2 of this Part 22 of the Schedule; and
(c) in the case of:
(i) a Board Works Variation, specifies the nature of the Board Works Variation and which of the provisions of the Board's Construction Requirements and/or Project Co's Proposals are required to be amended to accommodate the relevant Board Works Variation;167 or
(ii) a Board Additional Works Variation, specifies:
(aa) the nature and scope of the relevant Board Additional Works Item to the same level of detail as set out in Project Co's Proposals and/or the Board's Construction Requirements; and
(bb) the times at or by which the Board wishes the work at the Facilities to implement the relevant Board Additional Works Item to be commenced and completed; or
(iii) a Board Service Variation specifies, the nature of the Board Service Variation and is accompanied by a marked up or amended version of the relevant section(s) of the Method Statements and/or Service Level Specifications.
2.2 The Board's Representative may not issue a Variation Enquiry other than in accordance with the provisions of this Section 1.
___________________________________________________________________________
167 The reference to Project Co's Proposals has been included to give Boards flexibility in circumstances where it is not possible to outline the change required solely by reference to the Board's output specifications. This option should be used on a limited basis (so that, wherever possible, the Board's output specifications alone are used for this purpose) taking account of risk transfer implications if Project Co's Proposals/Method Statements are amended by the Board.