# The Electricity Capacity (No. 1) Regulations 2019, Regulation 35: Secretary of State’s discretion: modifications


Regulation 33 of the Principal Regulations applies as if—
(a) in paragraph (2)—
(i) in sub-paragraph (a), “or” were omitted;
(ii) at the end of sub-paragraph (b), for “.” there were inserted “; or”; and
(iii) after sub-paragraph (b), there were inserted—
“(c) if paragraph (3A) applies, direct the Delivery Body to—
(i) withdraw the termination notice given to the capacity provider (“P”); and
(ii) terminate the conditional 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.”; and
(b) after paragraph (3), there were inserted—
“(3A) This paragraph applies if the termination notice is given by the Delivery Body to a capacity provider under the Rules during the period that begins on the day on which this regulation comes into force and ends on the day on which the T-1 capacity agreement trigger event or T-1 termination trigger event occurs.”.

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Source: https://www.legislation.gov.uk/ukdsi/2019/9780111182437/regulation/35 (the official version)
Page: https://openlegislation.uk/draft-electricity-capacity-no-1-regulations-2019/regulation-35
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.