3.2.2.4 Awareness of change -

Classifying what changes in law are "in the public domain" at the relevant time will need to be looked at on a case by case basis because the legislative process varies from one jurisdiction to another. The basic principle as regards legislation is that anything enacted in draft form as at the relevant pricing date qualifies as being in the public domain, so would not constitute a change in law under the PPP Contract once enacted. It may in some circumstances be appropriate to use other "foreseeability" criteria - these should be as objectively ascertainable as possible. If there is a particular concern or uncertainty in relation to the effect of a proposed change in law on the Private Partner's obligations under the PPP Contract (e.g. in relation to its timing of enactment or actual scope), this can be addressed specifically in the PPP Contract. See Section 3.3, Sample Drafting 3, Required Definitions, "Change in Law" definition, limb (b).