Paragraph 22 New regulation 30A

After regulation 30 insert—

“Transfer of a capacity agreement

30A.

(1)

A capacity agreement may be transferred in accordance with capacity market rules so as to apply in respect of a CMU—

(a)

for the entire delivery year, or period of delivery years, for which the capacity agreement has effect; or

(b)

only for a specified number of calendar days in such a delivery year (“the transfer period”).

(2)

A transfer under paragraph (1) may be made—

(a)

in respect of the entire capacity obligation comprised in the capacity agreement; or

(b)

in respect of a part only of that obligation.

(3)

For the purposes of this regulation, a “transferred part” comprises the rights and obligations accruing to the transferee in respect of a CMU where the capacity agreement (“the related agreement”) is transferred under paragraph (1)(b) or (2)(b).

(4)

A transferred part may be terminated, in accordance with capacity market rules, so as to extinguish the rights and obligations accruing to the transferee.

(5)

But a termination of the transferred part does not—

(a)

in itself amount to the termination of the related agreement; or

(b)

affect any rights and obligations accruing—

(i)

in a part of a delivery year that is not included in the transfer period; or

(ii)

in relation to any part of the capacity obligation that is not transferred.

(6)

A termination of the related agreement does not in itself amount to the termination of a transferred part, but extinguishes the rights and obligations accruing in respect of the transferred part.

(7)

This regulation applies to the further transfer of a transferred part as it applies to a transfer of a capacity agreement.”.