45.1  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:

(a)  any necessary change to the Works or the Services;

(b)  whether any changes are required to the terms of this Agreement to deal with the Qualifying Change in Law;

(c)  whether relief from compliance with obligations is required, including the obligation of the Service Provider to achieve the Planned Service Commencement Date in relation to the Facilities and/or meet the Service Specifications during the implementation of any relevant Qualifying Change in Law;

(d)  any loss of revenue that will result from the relevant Qualifying Change in Law;

(e)  any Estimated Change in Project Costs that directly result from the Qualifying Change in Law; and

(f)  any Capital Expenditure that is required or no longer required as a result of a Qualifying Change in Law taking effect during the Service Period,

in each case giving in full detail the procedure for implementing the change in the Works or in the Services.  Responsibility for the costs of implementation (and any resulting variation to the Service Payment) shall be dealt with in accordance with clauses 45.2 to 45.6 (inclusive).