Regulation 5 Amendment to regulation 16 (excluded capacity, low carbon support scheme CMUs)

For regulation 16(2), substitute—

“(2)

The Delivery Body must not prequalify CMU i if—

(a)

the CFD counterparty has made an offer of a CFD in respect of the generating station that comprises or includes CMU i—

(i)

under section 10(1) of the Energy Act 2013 (direction to offer to contract), and the CFD counterparty and an eligible generator have entered into that CFD; or

(ii)

under regulation 10(1) of the Contracts for Difference (Standard Terms) Regulations 2014 (offer to contract) and an eligible generator has entered into that CFD; and

(b)

that CFD has not expired or been terminated.

(2A)

For the purposes of paragraph (2), a reference to an eligible generator entering into a CFD has the meaning given in regulation 10(3) of the Contracts for Difference (Standard Terms) Regulations 2014 (offer to contract)^f1.”.