# The Electricity Capacity (Amendment) Regulations 2023, Regulation 4: Amendment to regulation 34 (termination of capacity agreements: CFDs and ROO conversions)


In regulation 34—
(a) after paragraph (2), insert—
“(2A) Subject to paragraph (2B), a CFD transfer notice must include a statement verifying the truth of the statements contained in the CFD transfer notice, which is signed by two directors of the capacity provider or, in the case of a capacity provider which is not a company, by two persons duly authorised by the capacity provider.
(2B) If a capacity provider has a sole director, references to “directors” in paragraph (2A) are to be read as the sole director.”;
(b) in paragraph (3)—
(i) before the definition of “CFD transfer notice”, insert—
““allocation round” means an allocation round established by the Secretary of State under regulation 4 of the Contracts for Difference (Allocation) Regulations 2014;”;
(ii) for the definition of “CFD transfer notice”, substitute—
““CFD transfer notice” means a notice from the capacity provider in respect of CMU i which—
(a) identifies A;
(b) states that the capacity provider in respect of CMU i seeks the termination of A in order to become eligible to apply for a CFD in an allocation round;
(c) identifies the specific allocation round in which the capacity provider intends to apply;
(d) requests that the Delivery Body terminate A; and
(e) complies with paragraph (2A);”.

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Source: https://www.legislation.gov.uk/uksi/2023/860/regulation/4 (the official version)
Page: https://openlegislation.uk/electricity-capacity-amendment-regulations-2023/regulation-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.