{
  "url": "https://openlegislation.uk/draft-electricity-capacity-amendment-and-transitional-provision-regulations-2026/schedule-1/paragraph-2",
  "json_url": "https://openlegislation.uk/draft-electricity-capacity-amendment-and-transitional-provision-regulations-2026/schedule-1/paragraph-2.json",
  "legislation": "ukdsi/2026/9780348283129",
  "legislation_title": "The Electricity Capacity (Amendment and Transitional Provision) Regulations 2026",
  "legislation_url": "https://openlegislation.uk/draft-electricity-capacity-amendment-and-transitional-provision-regulations-2026",
  "path": "schedule/1/paragraph/2",
  "kind": "paragraph",
  "number": "2",
  "heading": "Amendments to regulation 16",
  "text": "In regulation 16 (excluded capacity: low carbon support scheme CMUs)—\n(a) for paragraph (2), substitute—\n“(2) The Delivery Body must not prequalify a CMU if, in respect of the generating station that comprises or includes the CMU—\n(a) the CFD counterparty has made an offer of a direct award CFD and—\n(i) the CFD counterparty and an eligible generator have entered into that CFD;\n(ii) that CFD has not expired or been terminated; and\n(iii) the applicant does not provide a non-support confirmation by the close of the prequalification window; or\n(b) the CFD counterparty has made an offer of an allocation round CFD and—\n(i) an eligible generator has entered into the CFD; and\n(ii) that CFD has not expired or been terminated.”;\n(b) in paragraph (2A), for “(2)(a)(ii)” substitute “(2)(b)(i)”;\n(c) in paragraph (4)—\n(i) before the definition of “co-firing CMU”, insert—\n““allocation round” means an allocation round established by the Secretary of State under regulation 4 of the Contracts for Difference (Allocation) Regulations 2014;\n“allocation round CFD” means a CFD offered under section 14(1) of the Act (CFD notification: offer to contract on standard terms) and regulation 10(1) of the Contracts for Difference (Standard Terms) Regulations 2014 (offer to contract) following an allocation round;”;\n(ii) after the definition of “co-firing CMU”, insert—\n““direct award CFD” means a CFD offered by the CFD counterparty following a direction given by the Secretary of State under section 10(1) of the Act (direction to offer to contract);”;\n(iii) after the definition of “FIT Order”, insert—\n““generation counterparty payment” has the meaning given in regulation 4(2) of the Contracts for Difference (Electricity Supplier Obligations) Regulations 2014;\n“generation party payment” has the meaning given in regulation 4(2) of the Contracts for Difference (Electricity Supplier Obligations) Regulations 2014;”;\n(iv) in the definition of “non-support confirmation”—\n(aa) at the end of sub-paragraph (a), omit “or”;\n(bb) at the end of sub-paragraph (b), insert “or”;\n(cc) after sub-paragraph (b), insert—\n“(c) that, in respect of a direct award CFD, the applicant will not receive a generation counterparty payment or be obliged to make a generation party payment in respect of the relevant CMU for any of the delivery period;”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.I. 2014/2011; amended by S.I. 2024/710; there are other amending instruments but none are relevant."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "S.I. 2014/2012; amended by S.I. 2016/784; there are other amending instruments but none are relevant."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "S.I. 2014/2014; relevant amending instruments are S.I. 2024/1159 and S.I. 2025/903."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2026/9780348283129/schedule/1/paragraph/2",
    "retrieved_at": "2026-10-30T14:37:27.240736+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}