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.