Regulation 77 Authority's power to make capacity market rulesI1

(1)

The Authority may make capacity market rules about the operation and administration of the capacity market.

(2)

The power in paragraph (1)—

(a)

includes power to amend, add to, revoke or substitute any provision of the Rules; and

(b)

includes power to specify that an obligation in capacity market rules made by the Authority is enforceable as if it were a relevant requirement on a regulated person for the purposes of section 25 of EA 1989 (whether or not the person on whom a requirement is imposed is in fact a regulated person within the meaning of EA 1989).

(3)

But the Authority must not—

(a)

make any provision in capacity market rules which is inconsistent with these Regulations F1or the Supplier Payment Regulations; or

(b)

except with the approval of the Secretary of State, F2make, amend or revoke any provision in capacity market rules which confers functions on—

(i)

the Secretary of State; or

(ii)

the Authority.

Annotations

Textual amendments

F1: Words in reg. 77(3)(a) inserted (18.12.2014) by The Electricity Capacity (Supplier Payment etc.) Regulations 2014 (S.I. 2014/3354), reg. 1(2), Sch. 2 para. 10
F2: Words in reg. 77(3)(b) substituted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 59

Commencement

I1: Reg. 77 coming into force in accordance with reg. 1(3)