{
  "url": "https://openlegislation.uk/draft-electricity-capacity-no-1-regulations-2019/regulation-26",
  "json_url": "https://openlegislation.uk/draft-electricity-capacity-no-1-regulations-2019/regulation-26.json",
  "legislation": "ukdsi/2019/9780111182437",
  "legislation_title": "The Electricity Capacity (No. 1) Regulations 2019",
  "legislation_url": "https://openlegislation.uk/draft-electricity-capacity-no-1-regulations-2019",
  "path": "regulation/26",
  "kind": "regulation",
  "number": "26",
  "heading": "Secretary of State’s discretion: modifications",
  "text": "(1) The modifications in paragraph (2) apply only in relation to a capacity agreement that existed on 15th November 2018.\n(2) Regulation 33 (termination of capacity agreements: Secretary of State’s discretion) of the Principal Regulations applies as if—\n(a) in paragraph (2)—\n(i) in sub-paragraph (a), “or” were omitted;\n(ii) at the end of sub-paragraph (b), for “.” there were inserted “; or”; and\n(iii) after sub-paragraph (b), there were inserted—\n“(c) if the termination notice is given during the standstill period, direct the Delivery Body to—\n(i) withdraw the termination notice given to the capacity provider (“P”); and\n(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.”;\n(b) in paragraph (3), for “6” there were substituted “12”; and\n(c) at the end of paragraph (9), there were inserted “, and “standstill period” has the meaning given in regulation 3 of the Electricity Capacity (No. 1) Regulations 2019”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2019/9780111182437/regulation/26",
    "retrieved_at": "2026-10-30T15:00:10.871011+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}