Regulation 3 Provision to be included in standard terms
The standard terms issued under section 11(1) of the Act or revised under section 11(2) of the Act must set out—
that where a strike price is higher than a reference price, the CFD counterparty must pay the generator the difference between the strike price and the reference price;
that where a reference price is higher than a strike price, the generator must pay the CFD counterparty the difference between the reference price and the strike price;
that the amount payable under paragraph (a) or (b) must be calculated by reference to the amount of low carbon electricity generation produced by a generating facility;
the way in which a reference price is to be determined;
the way in which a strike price is to be adjusted according to inflation;
the way in which the amount of low carbon electricity generation produced by a generating facility is to be determined;
that sums must not be paid by the CFD counterparty under a CFD where those sums are not allocated to that CFD in accordance with the Contracts for Difference (Supplier Obligation) Regulations 2014f1;
which circumstances allow a generator to reduce the capacity of its generating facility;
which changes in law will cause compensation to be payable by one party to the other party or cause a change to a strike price;
the way in which the amount of compensation payable or a change to a strike price under paragraph (i) is to be determined;
which time limits in a CFD may be extended where force majeure prevents a party from complying with them;
which circumstances require a generator to receive the consent of the CFD counterparty before transferring a CFD or assigning its rights and obligations under a CFD;
the way in which the parties to a CFD may amend a CFD;
a mechanism by which disputes between the parties to a CFD are to be resolved;
which circumstances allow the CFD counterparty to terminate a CFD;
which circumstances require a generator to make a payment to the CFD counterparty following termination of a CFD; and
the way in which the amount payable under paragraph (p) is to be determined.
Annotations
Footnotes
- f1
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S.I. 2014/[ ].