Regulation 43 Non-completion fee: modifications

Regulation 43A (non-completion fee) of the Principal Regulations applies as if—

(a)

in paragraph (1), after “of the” there were inserted “conditional capacity agreement or”;

(b)

after paragraph (2), there were inserted—

“(2A)

Where a capacity provider would be required to pay a non-completion fee before the T-1 capacity agreement trigger event has occurred, this fee only becomes payable if the T-1 capacity agreement trigger event occurs.”;

(c)

in paragraph (3)—

(i)

at the start, there were inserted “Subject to paragraph (3A),”; and

(ii)

in sub-paragraph (a), after “payable” there were inserted “(or which would be payable if the T-1 capacity agreement trigger event occurred)”; and

(d)

after paragraph (3), there were inserted—

“(3A)

An invoice under paragraph (3)(b) must only be issued on or after the date on which the T-1 capacity agreement trigger event occurred.”.