# The Electricity Capacity (No. 1) Regulations 2019, Regulation 32: Transfer of a capacity agreement: modifications


Regulation 30A (transfer of a capacity agreement) of the Principal Regulations applies as if—
(a) in paragraph (1)—
(i) after “A”, in the first place it occurs, there were inserted “conditional capacity agreement or”; and
(ii) in sub-paragraph (a), after “which the” there were inserted “conditional capacity agreement or”;
(b) after paragraph (1), there were inserted—
“(1A) A transfer of a conditional capacity agreement under paragraph (1) may include the transfer of rights and obligations which would only arise in respect of a CMU under the capacity agreement the conditional capacity agreement would become under regulation 30(2A) if the T-1 capacity agreement trigger event occurred.”;
(c) in paragraph (2)(a), after “in the” there were inserted “conditional capacity agreement or”;
(d) for paragraph (3) there were substituted—
“(3) For the purposes of this regulation—
(a) a “transferred part” comprises the rights and obligations accruing to the transferee in respect of a CMU where the conditional capacity agreement or capacity agreement (“the related agreement”) is transferred under paragraph (1)(b) or (2)(b); and
(b) if a conditional capacity agreement which has been transferred under paragraph (1)(b) or (2)(b) becomes a capacity agreement under regulation 30(2A), this capacity agreement becomes the related agreement to the transferred part.”; and
(e) in paragraph (7), after “a”, in the third place it occurs, there were inserted “conditional capacity agreement or”.

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Source: https://www.legislation.gov.uk/ukdsi/2019/9780111182437/regulation/32 (the official version)
Page: https://openlegislation.uk/draft-electricity-capacity-no-1-regulations-2019/regulation-32
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.