# The Electricity Capacity (No. 1) Regulations 2019, Regulation 18: Repayment of capacity payments: modifications


(1) Regulation 43B (repayment of capacity payments: termination) of the Principal Regulations applies as if—
(a) at the beginning of paragraph (2), there were inserted “Subject to paragraph (2A),”; and
(b) after paragraph (2), there were inserted—
“(2A) If the Settlement Body—
(a) receives final notice during a standstill month that a capacity agreement has been terminated; or
(b) received final notice of the termination of a capacity agreement before 15th November 2018 but had not fulfilled the requirements in paragraph (2) by that date,
the reference in paragraph (2) to “as soon as reasonably practicable after receiving final notice of termination of the capacity agreement” should be construed as a reference to “as soon as reasonably practicable after the deferred capacity payment trigger event occurs (if the Settlement Body receives the notice before the trigger event occurs)”.”.
(2) Regulation 43C (repayment of capacity payments: metering fault) of the Principal Regulations applies as if—
(a) at the beginning of paragraph (2), there were inserted “Subject to paragraph (3A),”; and
(b) after paragraph (2), there were inserted—
“(3A) If the “relevant date” in paragraph (2)—
(a) occurs during a standstill month; or
(b) occurred before 15th November 2018 but the Settlement Body had not fulfilled the requirements in paragraph (2) by that date,
the reference in paragraph (2) to “as soon as reasonably practicable after the relevant date” should be construed as a reference to “as soon as reasonably practicable after the deferred capacity payment trigger event occurs (if the relevant date occurs before the trigger event occurs)”.”.

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Source: https://www.legislation.gov.uk/ukdsi/2019/9780111182437/regulation/18 (the official version)
Page: https://openlegislation.uk/draft-electricity-capacity-no-1-regulations-2019/regulation-18
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.