Regulation 12 A register of CFDsI1

England, Wales and Scotland

(1)

Where a CFD has been entered into in accordance with regulation 10, the CFD counterparty must within a reasonable time assign a unique identifier to the CFD.

(2)

The CFD counterparty must establish and maintain a register and enter the following information in the register—

(a)

the unique identifier of a CFD;

(b)

the information set out in a CFD notification;

(c)

any modification of standard terms;

(d)

the CFD counterparty’s reasons for accepting an application to modify standard terms;

(e)

any change to the strike price of a CFD;

(f)

any reduction to the capacity of a generating facility under a CFD; F1...

(g)

where a CFD is terminated, the date on which termination occurs F2; and

(h)

the date that a generator proposes to be the start date for the purposes of its CFD.

(3)

The CFD counterparty may enter any other information in the register which in its opinion would facilitate the administration of CFDs.

(4)

The CFD counterparty must, so far as it is reasonably practicable, ensure that entries in the register are accurate.

F3(4A)

Information published under paragraph (2)(h) must be updated each quarter.

(5)

The register must be published on the CFD counterparty’s website.

(6)

The CFD counterparty may exclude from publication any information F4falling within sub-paragraph (d) or (h) of paragraph (2) which in its opinion it would be entitled not to disclose in response to a request for its disclosure under the Freedom of Information Act 2000^f1 or the Environmental Information Regulations 2004^f2.

(7)

The CFD counterparty must give a generator an opportunity to make representations before deciding what information to exclude from publication.

Annotations

Textual amendments

F1: Word in reg. 12(2)(f) omitted (1.4.2016) by virtue of The Electricity Supplier Payments (Amendment) Regulations 2016 (S.I. 2016/363), regs. 1(3), 23(2)(a)
F2: Reg. 12(2)(h) and word inserted (1.4.2016) by The Electricity Supplier Payments (Amendment) Regulations 2016 (S.I. 2016/363), regs. 1(3), 23(2)(b)
F3: Reg. 12(4A) inserted (1.4.2016) by The Electricity Supplier Payments (Amendment) Regulations 2016 (S.I. 2016/363), regs. 1(3), 23(3)
F4: Words in reg. 12(6) inserted (1.4.2016) by The Electricity Supplier Payments (Amendment) Regulations 2016 (S.I. 2016/363), regs. 1(3), 23(4)

Commencement

I1: Reg. 12 in force at 1.8.2014, see reg. 1

Footnotes

f1: 2000 c. 36.
f2: S.I. 2004/3391.