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Regulation 4 Amendment to regulation 34 (termination of capacity agreements: CFDs and ROO conversions)

Original text. Later amendments are not shown.

In regulation 34—

(a)

after paragraph (2), insert—

“(2A)

Subject to paragraph (2B), a CFD transfer notice must include a statement verifying the truth of the statements contained in the CFD transfer notice, which is signed by two directors of the capacity provider or, in the case of a capacity provider which is not a company, by two persons duly authorised by the capacity provider.

(2B)

If a capacity provider has a sole director, references to “directors” in paragraph (2A) are to be read as the sole director.”;

(b)

in paragraph (3)—

(i)

before the definition of “CFD transfer notice”, insert—

  • ““allocation round” means an allocation round established by the Secretary of State under regulation 4 of the Contracts for Difference (Allocation) Regulations 2014f1;”;

(ii)

for the definition of “CFD transfer notice”, substitute—

  • ““CFD transfer notice” means a notice from the capacity provider in respect of CMU i which—

    1. (a)

      identifies A;

    2. (b)

      states that the capacity provider in respect of CMU i seeks the termination of A in order to become eligible to apply for a CFD in an allocation round;

    3. (c)

      identifies the specific allocation round in which the capacity provider intends to apply;

    4. (d)

      requests that the Delivery Body terminate A; and

    5. (e)

      complies with paragraph (2A);”.

Annotations

Footnotes

f1

S.I. 2014/2011; regulation 4 has been amended by S.I. 2015/981, 2016/1053 and 2021/758.