Sch 3 para 3 Exceptions to the charging principles
(1) Subject to sub-paragraph (2), for specific investment projects completed— (a) since 1988; or (b) following the coming into force of these Regulations, the infrastructure manager may set or continue to set higher charges on the basis of the long-term costs of the project. (2) For sub-paragraph (1) to apply— (a) the project must increase efficiency or cost-effectiveness; and (b) the project must be one that could not otherwise have been undertaken without the prospect of such higher charges. (3) A charging arrangement to which sub-paragraph (1) applies may incorporate agreements on the sharing of the risk associated with new investments.