(1) The development fee is a fee to meet the critical contingency development costs.
(2) The critical contingency development costs are—
(a) the costs of the industry body associated with—
(i) the appointment of the critical contingency operator; and
(ii) the review and recommendation for approval of proposed critical contingency management plans under regulations 26 to 30 (including the costs payable to the expert adviser); and
(b) the costs (if any) payable by the industry body to the critical contingency operator before the go-live date in respect of the development and establishment of any critical contingency management arrangements required under these regulations; and
(c) the costs of the industry body in connection with the development and establishment of the critical contingency management arrangements.
(3) Every person who purchases gas directly from a gas producer during the 28 days after the commencement date is liable to pay a development fee in accordance with these regulations.
(4) To avoid doubt, the critical contingency development costs do not include costs incurred before the commencement date.