# The Electricity Capacity (No. 1) Regulations 2019, 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.”.

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Source: https://www.legislation.gov.uk/ukdsi/2019/9780111182437/regulation/43 (the official version)
Page: https://openlegislation.uk/draft-electricity-capacity-no-1-regulations-2019/regulation-43
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.