Regulation 6 Amendment to regulation 14

in paragraph (5), for “unit to be altered” substitute “unit to be established or altered”;

for paragraph (10) substitute—

“(10)

No application may be made in respect of a CFD unit in relation to which—

(a)

a CFD applies;

(b)

a capacity agreement applies; or

(c)

an application for a capacity agreement has been made but has not been determined.

(10A)

For the purposes of paragraph (10)(c)—

(a)

an application for a capacity agreement has been made when an application is made for prequalification in accordance with the Electricity Capacity Regulations 2014^f1 and capacity market rules made under Chapter 3 of Part 2 of the Energy Act 2013 (“CM rules”); and

(b)

an application for a capacity agreement has been determined when, in accordance with the Electricity Capacity Regulations 2014 and CM rules, it is no longer possible to obtain a capacity agreement as a consequence of that application.”.