Regulation 26 Secretary of State’s discretion: modifications

in sub-paragraph (a), “or” were omitted;

at the end of sub-paragraph (b), for “.” there were inserted “; or”; and

after sub-paragraph (b), there were inserted—

“(c)

if the termination notice is given during the standstill period, direct the Delivery Body to—

(i)

withdraw the termination notice given to the capacity provider (“P”); and

(ii)

terminate the capacity agreement on the ground specified in capacity market rules that it would involve undue financial hardship to require P to pay a termination fee in respect of the termination of the capacity agreement, owing to the exceptional circumstances of P’s particular case arising from the non-payment to P of capacity payments (which were prevented from being paid by the law relating to state aid) during the standstill period.”;