Regulation 44 Repayment of capacity payments: modifications

(1)

Regulation 43B (repayment of capacity payments: termination) of the Principal Regulations applies as if—

(a)

in paragraph (1)—

(i)

in sub-paragraph (a), after “a”, in the first place it occurs, there were inserted “conditional capacity agreement or”; and

(ii)

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

(b)

in paragraph (2)—

(i)

at the start, there were inserted “Subject to paragraph (2A),”; and

(ii)

after “the”, in the second place it occurs, there were inserted “conditional capacity agreement or”;

(c)

after paragraph (2), there were inserted—

“(2A)

If the Settlement Body receives final notice during a standstill month that a conditional capacity agreement or capacity agreement has been terminated the reference in paragraph (2) to “as soon as reasonably practicable” should be construed as a reference to “as soon as reasonably practicable after the T-1 capacity agreement trigger event occurs (if the Settlement Body receives the notice before the trigger event occurs).”;

(d)

in paragraph (3)—

(i)

in sub-paragraphs (a) and (b), after “relevant” in each sub-paragraph, there were inserted “conditional capacity agreement or”; and

(ii)

in sub-paragraph (c), after “relevant”, in the second place it occurs, there were inserted “conditional capacity agreement or”;

(e)

in paragraph (4)—

(i)

in sub-paragraph (a), “and” were omitted;

(ii)

in sub-paragraph (b), for “.” there were substituted “;”; and

(iii)

after sub-paragraph (b), there were inserted—

“(c)

in paragraph (3)(c), if any capacity payments were made under regulation 40A in relation to the relevant capacity agreement, the period referred to in that paragraph begins at the start of the period in respect of which the first payment was made.”; and

(f)

in paragraph (5), after “a”, in the second place it occurs, there were inserted “conditional capacity agreement or”.

(2)

Regulation 43C (repayment of capacity payments: metering fault) of the Principal Regulations applies as if—

(a)

in paragraph (2), at the start there were inserted “Subject to paragraph (3A),”.

(b)

after paragraph (3), there were inserted—

“(3A)

If the “relevant date” in paragraph (2) occurs during a standstill month the reference in paragraph (2) to “as soon as reasonably practicable” should be construed as a reference to “as soon as reasonably practicable after the T-1 capacity agreement trigger event occurs.”.