PART 2Electricity Market Reform

CHAPTER 3Capacity Market

40Regulations under Chapter 3

1

Regulations under this Chapter may—

a

include incidental, supplementary and consequential provision;

b

make transitory or transitional provision or savings;

c

make different provision for different cases or circumstances or for different purposes;

d

make provision subject to exceptions.

2

Before making any regulations under this Chapter, the Secretary of State must consult—

a

the Authority,

b

any person who is a holder of a licence to supply electricity under section 6(1)(d) of EA 1989,

c

such other persons as the Secretary of State considers it appropriate to consult.

3

Subsection (2) may be satisfied by consultation before, as well as consultation after, the passing of this Act.

4

Regulations under this Chapter must be made by statutory instrument.

5

Subject to subsection (6), an instrument containing (whether alone or with other provision) regulations under this Chapter may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

6

An instrument containing only regulations within subsection (7) is subject to annulment in pursuance of a resolution of either House of Parliament.

7

The regulations within this subsection are—

a

electricity capacity regulations which—

i

only make provision within section 33, and

ii

are not the first set of electricity capacity regulations to make such provision;

b

regulations under section 38 which do not make provision amending or repealing a provision of an enactment contained in primary legislation.

8

If, but for this subsection, an instrument containing electricity capacity regulations would be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument.