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Regulation 2 InterpretationI1

United Kingdom

In these Regulations—

  • “the Act” means the Energy Act 2013;

  • “advice notice” has the meaning given by regulation 4(1);

  • “the Allocation Regulations” means the Contracts for Difference (Allocation) Regulations 2014f1;

  • “applicant” has the meaning given by regulation 9(2);

  • “capital costs” means the capital costs of an electricity generating station;

  • “counterparty notice” has the meaning given by regulation 6(2);

  • “delivery body” means—

    1. (a)

      the national system operator; or

    2. (b)

      if the national system operator’s functions under Chapter 2 of Part 2 of the Act have been transferred to an alternative body, that body;

  • “eligible generator” has the same meaning as it has under the Contracts for Difference (Definition of Eligible Generator) Regulations 2014f2;

  • “first round CFD application” has the meaning given by regulation 10(3)(c);

  • F1“financial minimum standards” means minimum standards of financial contribution to the development and sustainability of supply chains as set out in the sustainable industry reward allocation framework (within the meaning of regulation 2(1) of the Contracts for Difference (Allocation) Regulations 2014);

  • F2“FMS compliance and enforcement” means the terms and conditions of a CFD or retained investment contract by virtue of which the relevant party monitors compliance with, and enforcement of, the FMS procedures or the FMS obligations;

  • “FMS obligations” means the terms and conditions of a CFD or retained investment contract by virtue of which the generator party is required to—

    1. (a)

      measure the amount of fuel used by the generating station which is subject to that contract;

    2. (b)

      sample the content of such fuel; and

    3. (c)

      provide information to the relevant party in relation to such measurement and sampling;

  • “FMS procedures” means the procedures agreed, or to be agreed, between the parties to a CFD or retained investment contract, further to the terms and conditions of that contract to ensure compliance by the generator party with the FMS obligations;

  • “generator notice” has the meaning given by regulation 7(2);

  • “generator party” means a party to a CFD or a retained investment contract other than the relevant party;

  • F3“generator party applicant” F4has the meaning given in regulation 12A(1) means a generator party identified in regulation 12A(1) or 12D(1);

  • “operational costs” means the costs of operation of an electricity generating station;

  • “progress report” has the meaning given by regulation 4(1)(c);

  • “relevant generating station” has the meaning given by regulation 9(1);

  • “relevant party” means—

    1. (a)

      in relation to a CFD, the CFD counterparty which is party to that contract;

    2. (b)

      in relation to a retained investment contract, the Secretary of State;

  • “retained investment contract” means an investment contract other than a transferred investment contract

  • “strike price” means a price for one megawatt hour of electricity generated by a generating station;

  • “supply chain application” means an application under regulation 9(1) for a supply chain statement;

  • F5“supply chain implementation application” means an application submitted under regulation 12A(1) for a supply chain implementation statement;

  • “supply chain implementation statement” means a statement by the Secretary of State that confirms that the establishment or alteration of a generating station is making a material contribution to the development F6and sustainability of supply chains;

  • “supply chain statement” means a statement by the Secretary of State that to establish or alter a generating station is likely to make a material contribution to the development and sustainability of supply chains;

  • “supply chains” means the chains of suppliers of goods or services in relation to the construction, alteration, maintenance or operation of a generating station;

  • “sustainability obligations” means the terms and conditions of a CFD or retained investment contract by virtue of which requirements are imposed on the generator party in relation to—

    1. (a)

      the use of bioliquids, solid biomass or gaseous biomass in the generation of electricity; and

    2. (b)

      the provision of information to the relevant party concerning such use;

  • F7“sustainable industry reward implementation application” means an application under regulation 12D(1) for a sustainable industry reward implementation statement;

  • “sustainable industry reward implementation statement” means a statement provided by the Secretary of State under regulation 12F(1)(a) or (3)(a);

  • “sustainable industry reward statement” has the meaning given in regulation 2(1) of the Contracts for Difference (Allocation) Regulations 2014;

  • “transferred investment contract” means an investment contract which has been transferred to a CFD counterparty by virtue of paragraph 16(1) of Schedule 2 to the Act;

  • F8“working day” means a day that is not a Saturday or Sunday, Christmas Day, Good Friday or any day that is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971.

Annotations

Textual amendments

F1

Words in reg. 2 inserted (15.4.2026) by The Contracts for Difference (Sustainable Industry Rewards and Contract Budget Notice Amendments) Regulations 2026 (S.I. 2026/411), regs. 1(1), 18

F2

Words in reg. 2 inserted (15.3.2015) by The Electricity Market Reform (General) (Amendment) Regulations 2015 (S.I. 2015/718), regs. 1, 2(2)

F3

Words in reg. 2 inserted (25.6.2021) by The Contracts for Difference (Miscellaneous Amendments) Regulations 2021 (S.I. 2021/758), regs. 1(1), 7(a)

F4

Words in reg. 2 substituted (E.W.S.) (13.6.2024) by The Contracts for Difference (Sustainable Industry Rewards) Regulations 2024 (S.I. 2024/710), regs. 1(1), 53(a)

F5

Words in reg. 2 inserted (25.6.2021) by The Contracts for Difference (Miscellaneous Amendments) Regulations 2021 (S.I. 2021/758), regs. 1(1), 7(b)

F6

Words in reg. 2 inserted (E.W.S.) (13.6.2024) by The Contracts for Difference (Sustainable Industry Rewards) Regulations 2024 (S.I. 2024/710), regs. 1(1), 53(b)

F7

Words in reg. 2 inserted (E.W.S.) (13.6.2024) by The Contracts for Difference (Sustainable Industry Rewards) Regulations 2024 (S.I. 2024/710), regs. 1(1), 53(c)

F8

Words in reg. 2 substituted (20.7.2016) by The Contracts for Difference (Miscellaneous Amendments) Regulations 2016 (S.I. 2016/784), regs. 1(1), 24

Commencement

I1

Reg. 2 in force at 1.8.2014, see reg. 1

Footnotes

f1

S.I. 2014/2011.

f2

S.I. 2014/2010.