The Electricity Capacity (Amendment) Regulations 2023

Amendment to regulation 34 (termination of capacity agreements: CFDs and ROO conversions)

4.  In regulation 34—

(a) after paragraph (2), insert—

“(2A) Subject to paragraph (2B), a CFD transfer notice must include a statement verifying the truth of the statements contained in the CFD transfer notice, which is signed by two directors of the capacity provider or, in the case of a capacity provider which is not a company, by two persons duly authorised by the capacity provider.

(2B) If a capacity provider has a sole director, references to “directors” in paragraph (2A) are to be read as the sole director.”;

(b) in paragraph (3)—

(i) before the definition of “CFD transfer notice”, insert—

• ““allocation round” means an allocation round established by the Secretary of State under regulation 4 of the Contracts for Difference (Allocation) Regulations 2014(1);”;

(ii) for the definition of “CFD transfer notice”, substitute—

• ““CFD transfer notice” means a notice from the capacity provider in respect of CMU i which—

  (a)

  identifies A;

  (b)

  states that the capacity provider in respect of CMU i seeks the termination of A in order to become eligible to apply for a CFD in an allocation round;

  (c)

  identifies the specific allocation round in which the capacity provider intends to apply;

  (d)

  requests that the Delivery Body terminate A; and

  (e)

  complies with paragraph (2A);”.

(1)

S.I. 2014/2011; regulation 4 has been amended by S.I. 2015/981, 2016/1053 and 2021/758.