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The Electricity Capacity (No. 1) Regulations 2019

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2019, ISBN 9780111182437

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before Parliament under section 40(5) of the Energy Act 2013, for approval by resolution of each House of Parliament.

Electricity

Made ***

Coming into force in accordance with regulation 1(2)

The Secretary of State has before making these Regulations—

(a)

consulted the persons listed in section 40(2)(a) and (b) of the Energy Act 2013f1 and such other persons as the Secretary of State considered it appropriate to consult; and

(b)

had regard to the matters in section 5(2) of that Act.

In accordance with section 40(5) of that Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.

Accordingly, the Secretary of State, in exercise of the powers conferred by sections 27 to 33, 36 and 40(1) of that Act, makes the following regulations:

Annotations to the whole text

Footnotes

f1

2013 c.32.

Contents

  1. Part 1: Introduction
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part 2: Trigger events
  5. 3Standstill period
  6. 4Deferred capacity payment trigger event: agreements existing on 15th November 2018
  7. 5Conditional capacity agreement trigger event
  8. 6Termination trigger events
  9. Part 3: Payments administered by the Settlement Body
  10. Chapter 1: Supplier charge payments during standstill period
  11. 7Settlement Body to hold supplier charge payments
  12. 8Supplier charge payments used to make capacity payments: deferred capacity payment trigger event
  13. 9Supplier charge payments used to make capacity payments: T-1 capacity agreement trigger event
  14. 10Return of supplier charge payments: agreement termination trigger event
  15. Chapter 2: Modifications to application of Principal Regulations: agreements existing on 15th November 2018
  16. 11Application
  17. 12Interpretation: modifications
  18. 13Capacity payments: modifications
  19. 14Capacity provider penalty charges: modifications
  20. 15Over-delivery payments: modifications
  21. 16Termination fees: modifications
  22. 17Non-completion fees: modifications
  23. 18Repayment of capacity payments: modifications
  24. 19Non-payment register: modifications
  25. 20Applicant credit cover: modifications
  26. 21Credit obligation period: modifications
  27. 22Draw down of credit cover: modifications
  28. 23Effect of non-compliance: modifications
  29. Part 4: Capacity agreements: miscellaneous
  30. Chapter 1: Amendment of Principal Regulations
  31. 24Secretary of State’s discretion concerning non-completion fees: amendments
  32. 25Delivery Body reviewable decision: amendments
  33. Chapter 2: Modifications of Principal Regulations
  34. 26Secretary of State’s discretion: modifications
  35. 27Non-completion fees: modifications
  36. Part 5: Conditional agreement auction
  37. 28Application
  38. 29Interpretation: modifications
  39. 30Rearrangement of conditional agreement auction: modifications
  40. 31Capacity agreements: modifications
  41. 32Transfer of a capacity agreement: modifications
  42. 33Capacity market register: modifications
  43. 34Termination fee rates: modifications
  44. 35Secretary of State’s discretion: modifications
  45. 36Null and void capacity agreements: modifications
  46. 37Settlement calculations: modifications
  47. 38Capacity payments: modifications
  48. 39Capacity provider penalty charges: modifications
  49. 40Over delivery payments: modifications
  50. 41Termination fees: modifications
  51. 42DSR unproven capacity fee
  52. 43Non-completion fee: modifications
  53. 44Repayment of capacity payments: modifications
  54. 45Payments and penalties: adjustments for DSR providers
  55. 46Payment and non-payment (interpretation): modifications
  56. 47The non-payment register: modifications
  57. 48Payment of credit notes: modifications
  58. 49Credit cover: modifications
  59. 50Draw down of applicant credit cover: modifications
  60. 51Dispute resolution and appeals: modifications
  61. 52Schedule 1 settlement calculations: modifications
  62. Part 6: Modifications to Supplier Payment Regulations
  63. 53Modifications to the application of the Supplier Payment Regulations
  64. 54Interpretation: modifications
  65. 55Supplier settlement calculations: modifications
  66. 56Capacity market supplier charge: modifications
  67. 57Mutualisation: modifications
  68. 58Penalty residual supplier amount: modifications
  69. 59Non-payment and withheld credit: modifications
  70. 60Consequences of termination of supplier licences: modifications
  71. 61Standstill collection period reconciliation: modifications
  72. 62Supplier credit cover: modification
  73. 63Calculation of amounts: modifications
  74. Signature
  75. Explanatory note