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Regulation 3 Definition of eligible generatorI1

United Kingdom

(1)

This regulation defines “eligible generator” for the purposes of Chapter 2 of Part 2 of the Energy Act 2013.

(2)

A person (“A”) who intends to carry out a generating activity in relation to an eligible generating station is an eligible generator in respect of the station.

(3)

Where—

(a)

a person (“B”) intends—

(i)

to operate; or

(ii)

to participate in the operation of,

an eligible generating station; and

(b)

A is an eligible generator in respect of the eligible generating station,

B is also an eligible generator in respect of the eligible generating station.

(4)

Where—

(a)

A or B is an eligible generator in respect of an eligible generating station;

(b)

A or B is a corporate body; and

(c)

a corporate body (“C”) is associated with A or B,

C is also an eligible generator in respect of the eligible generating station.

F1(4A)

Where an eligible generator is an unincorporated association, any reference to—

(a)

that “eligible generator”; or

(b)

a “person”, “applicant”, “generator” or “party”,

is to be read as a reference to the unincorporated association.

(4B)

Paragraph (4A) does not apply to—

(a)

paragraphs (4), (5) and (8) of regulation 14B of the Allocation Regulations;

(b)

regulation 14D of the Allocation Regulations;

(c)

regulation 59 of the Allocation Regulations;

(d)

sub-paragraphs (a), (b), (c), (e) and (f) of paragraph 2 of Schedule 1 to the Allocation Regulations;

(e)

paragraph 4 of Schedule 1 to the Allocation Regulations;

(f)

regulation 7 of the General Regulations;

(g)

F2Parts 3 to 3B of the General Regulations.

(5)

In this regulation—

  • “associated” has the same meaning as it has in section 67 of the Energy Act 2008f1 and as if that section applied to Scotland;

  • “carry out a generating activity” means—

    1. (a)

      to establish an eligible generating station F3...; F4...

    2. (b)

      to alter an eligible generating station in order to increase the generating capacity of that station by 5 megawatts or more; F5...

    3. (c)

      F6to alter an existing generating station in order that it becomes a generating station connected to a complete CCS system; F7F8...

    4. (d)

      to alter an eligible generating station(2) by decommissioning part of it in order to replace that part; F9F10...

    5. (e)

      the continuation of electricity generation by an existing biomass station; F11or

    6. (f)

      the continuation of electricity generation by an existing nuclear power station.

  • “eligible generating station” means a generating station of a type described in the Schedule.

  • F12“the Allocation Regulations” means the Contracts for Difference (Allocation) Regulations 2014;

  • “the General Regulations” means the Electricity Market Reform (General) Regulations 2014.

Annotations

Textual amendments

F1

Reg. 3(4A)(4B) inserted (20.7.2016) by The Contracts for Difference (Miscellaneous Amendments) Regulations 2016 (S.I. 2016/784), regs. 1(1), 3(a)

F2

Words in reg. 3(4B)(g) substituted (13.6.2024) by The Contracts for Difference (Sustainable Industry Rewards) Regulations 2024 (S.I. 2024/710), regs. 1(1), 63

F3

Words in reg. 3(5) omitted (25.6.2021) by virtue of The Contracts for Difference (Miscellaneous Amendments) Regulations 2021 (S.I. 2021/758), regs. 1(1), 4

F4

Word in reg. 3(5) omitted (21.6.2022) by virtue of The Contracts for Difference (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/691), regs. 1(1), 2(3)(a)

F5

Word in reg. 3(5) omitted (14.1.2025) by virtue of The Contracts for Difference (Miscellaneous Amendments) Regulations 2025 (S.I. 2025/25), regs. 1(2), 2(a)

F6

Words in reg. 3(5) inserted (21.6.2022) by The Contracts for Difference (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/691), regs. 1(1), 2(3)(c)

F7

Word in reg. 3(5) omitted (26.6.2025) by virtue of The Contracts for Difference (Miscellaneous Amendments) (No. 2) Regulations 2025 (S.I. 2025/772), regs. 1(1), 2(3)(a)

F8

Words in reg. 3(5) inserted (14.1.2025) by The Contracts for Difference (Miscellaneous Amendments) Regulations 2025 (S.I. 2025/25), regs. 1(2), 2(b)

F9

Words in reg. 3(5) inserted (26.6.2025) by The Contracts for Difference (Miscellaneous Amendments) (No. 2) Regulations 2025 (S.I. 2025/772), regs. 1(1), 2(3)(b)

F10

Word in reg. 3(5) omitted (17.7.2026) by virtue of The Contracts for Difference (Definition of Eligible Generator) (Amendment) Regulations 2026 (S.I. 2026/844), regs. 1(1), 2(2)(a)

F11

Words in reg. 3(5) inserted (17.7.2026) by The Contracts for Difference (Definition of Eligible Generator) (Amendment) Regulations 2026 (S.I. 2026/844), regs. 1(1), 2(2)(b)

F12

Words in reg. 3(5) inserted (20.7.2016) by The Contracts for Difference (Miscellaneous Amendments) Regulations 2016 (S.I. 2016/784), regs. 1(1), 3(b)

Commencement

I1

Reg. 3 in force at 1.8.2014, see reg. 1

Footnotes

f1

2008 c.32.