16.5.1 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;
(b) the Contractor and not to other persons; and/or
(c) PFI and/or PF2 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]5 or to the holding of shares in companies whose main business is providing [services the same as or similar to the Service].
16.5.2 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.
__________________________________________________________________________________________
5 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/PF2 Projects Specific Change in Law covers changes in law relating to the provision or operation of healthcare premises and changes in NHS requirements).