Regulation 5 Conditional capacity agreement trigger eventI1
England, Wales and Scotland
If the Secretary of State is aware of a decision by a relevant authority that has the consequence that—
the making of capacity payments to holders of agreements awarded to successful bidders in the conditional agreement auction would be in accordance with the law relating to state aid; or
the making of capacity payments in respect of a portion of the delivery year to which these agreements relate would be in accordance with the law relating to state aid,
the Secretary of State must notify the Settlement Body and the Delivery Body of that decision as soon as reasonably practicable.
On the date on which the Secretary of State gives a notification under paragraph (1), conditional capacity agreements become capacity agreements.
A notification by the Secretary of State under paragraph (1) must—
specify the date of the notification;
specify whether the decision of the relevant authority has the consequence that either or both of the capacity payments described in paragraph (1)(a) or (1)(b) can be made; and
be published as soon as reasonably practicable after it is given.
In this regulation, “capacity agreement” has the meaning given in regulation 2(1) of the Principal Regulations (as modified by Part 5).
Annotations
Commencement
- I1
Reg. 5 in force at 10.4.2019, see reg. 1(2)