3  Accrual of Deemed to Comply Apparatus prior to date of Contract

3.1  Where the Authority requires the Service Provider to accept into the scope of the Service Apparatus which is the result of a Relevant Action taken prior to the date of this Contract, the following procedure shall apply:

(a)  the Authority shall carry out inspections so as to satisfy itself that the relevant Apparatus complies with the Development Particular Specification;

(b)  the Authority, on being satisfied that the requirements of paragraph 3.1(a) have been satisfied shall provide to the Service Provider written notice stating:

(i)  what Relevant Action requires Accrual of the Apparatus;

(ii)  the identity of the parties involved;

(iii)  the nature, location and extent of the works and a description of the Apparatus to be Accrued (including a plan showing the location of the installed Apparatus);

(iv)  details of any cable distribution networks forming part of the Apparatus and proposed to be taken over by the Service Provider;

(v)  the electrical test certificates for the Apparatus;

(vi)  a copy of the Development Particular Specification;

(vii)  written confirmation from the developer confirming that the Apparatus complies with the Development Particular Specification; and

(viii)  sufficient relevant information to allow the Service Provider to satisfy any Legislation;

(c)  within ten (10) Business Days of receipt of the written notice given pursuant to paragraph 3.1(b), the Service Provider shall inspect the Apparatus and, within two (2) Business Days of such inspection, shall serve a written notice on the Authority either:

(i)  confirming that the Apparatus inspected meets the relevant standards set out in the Development Particular Specification to the Service Provider's reasonable satisfaction (an Apparatus Acceptance Notice);

(ii)  confirming that the Development Particular Specification has not been achieved to the Service Provider's reasonable satisfaction, setting out, in sufficient detail to enable the Authority to comply with paragraph 3.1 the way in which the Apparatus does not achieve the Development Particular Specification;

(d)  if the Service Provider fails to give written notice within the time period specified in paragraph 3.1(c) then the Service Provider shall be deemed to have accepted that the Apparatus meets the relevant requirements of the Development Particular specification and an Apparatus Acceptance Notice shall be issued by the Authority on behalf of the Service Provider;

(e)  where paragraph 3.1(c)(ii) applies, the Authority shall (unless it disagrees with the reasoning provided pursuant to paragraph 3.1(c)(ii) by the Service Provider, in which event the provisions of the Dispute Resolution Procedure shall apply):

(i)  rectify or procure the rectification of the failure(s) so that the relevant standards set out in the Development Particular Specification are met; and

(ii)  when the Authority is satisfied that any failures have been rectified, inform the Service Provider of such, whereupon the parties shall repeat the procedure set out in paragraph 3.1(c) until the Service Provider is satisfied (acting reasonably) that the relevant standards set out in the Development Particular Specification are met or the Authority issues an Apparatus Acceptance Notice;

(f)  when an Apparatus Acceptance Notice has been issued in accordance with paragraph 3.1(c) or paragraph 3.1(d) (as the case may be):

(i)  the Apparatus shall constitute Deemed to Comply Apparatus;

(ii)  risk in such Apparatus shall transfer to the Service Provider on the date of the Apparatus Acceptance Notice;

(iii)  the Service Provider shall within one (1) Business Day of the date of the Apparatus Acceptance Notice ensure that details of such Apparatus are added to the Management Information System;

(iv)  the energy forecast shall be revised in accordance with paragraph 3 of Part 1 of the Payment Mechanism; and

(v)  the Unitary Charge shall be revised as set out in paragraph 6.