44.1  Qualifying Change in Law

If a Qualifying Change in Law occurs or is shortly to occur, then either Party may write to the other to express an opinion on its likely effects, giving details of its opinion of:

44.1.1  any necessary change in the Works and/or the Service;89

44.1.2  whether any changes are required to the terms of this Contract to deal with the Qualifying Change in Law;

44.1.3  whether relief from compliance with obligations is required, including the obligation of the Contractor to achieve the Planned Readiness Date and/or  Planned Services Commencement Date and/or meet the Authority's Requirements and/or the Contractor's Proposals during the implementation of any relevant Qualifying Change in Law;

44.1.4  any loss of revenue (including Third Party Income subject to paragraph 6 (Principles relating to Third Party Income) of Schedule 19 (Revision of Base Case and Custody) that will result from the relevant Qualifying Change in Law;

44.1.5  any Estimated Change in Project Costs that directly result from the Qualifying Change in Law; and

44.1.6  any Capital Expenditure that is required or no longer required as a result of a Qualifying Change in Law taking effect during the Services Period,

in each case giving in full detail the procedure for implementing the change in the Works and/or the Service. Responsibility for the costs of implementation (and any resulting variation to the Unitary Charge) shall be dealt with in accordance with Clauses 44.2 (Parties to Discuss) to 44.6 (Adjustment to Unitary Charge).

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89  For example, the contractual, financial, operational and/or construction implications of the change in Service. Any change in Service should be agreed and implemented in accordance with the Change Protocol described in Schedule 21, with the Contractor's share of the costs of the change being determined in accordance with Clause 44.4.