# The Electricity Capacity Mechanism (Amendment) Regulations 2024, Note: Explanatory note


(This note is not part of the Regulations)
These Regulations revoke and alter provisions of Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity (recast) (EUR 2019/943) which relate to resource adequacy in the electricity sector, in particular capacity mechanisms. The Capacity Market, established under Chapter 3 of Part 2 of the Energy Act 2013 (c. 32) is a capacity mechanism. EUR 2019/943 is secondary assimilated law within the meaning of section 12(2) of the Retained EU Law (Revocation and Reform) Act 2023 (c. 28).
Regulation 3 amends the definition of “capacity mechanism” to remove the reference to such measures being temporary.
Regulation 4 revokes the requirements for the Secretary of State to prepare an implementation plan following an assessment of a resource adequacy concern, to monitor the implementation plan and to adhere to it on an ongoing basis.
Regulations 5 and 6 revoke requirements that Great Britain’s Capacity Market must be of a temporary nature and approved for no longer than 10 years. These regulations also revoke requirements to consider the use of a strategic reserve ahead of other types of capacity mechanism, to include provision to phase out the capacity mechanism and to adhere to the implementation plan.
Regulation 7 revokes provisions which are no longer required following the United Kingdom’s withdrawal from the European Union.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. The Capacity Market was subject to a full impact assessment when it was first introduced.

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Source: https://www.legislation.gov.uk/ukdsi/2024/9780348265828/note (the official version)
Page: https://openlegislation.uk/draft-electricity-capacity-mechanism-amendment-regulations-2024/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.