- Latest available (Revised)
- Original (As enacted)
Energy Act 2013, Section 28 is up to date with all changes known to be in force on or before 08 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)Electricity capacity regulations may make provision about capacity agreements.
(2)Subject to any further provision made under this Chapter, a capacity agreement is an instrument by virtue of which—
(a)the holder of the capacity agreement (“the capacity provider”) may be required to provide capacity;
(b)all electricity suppliers may be required to make payments (“capacity payments”) for the benefit of capacity providers;
(c)capacity providers may be required to make payments (“capacity incentives”) for the benefit of all electricity suppliers.
(3)Provision included in electricity capacity regulations for the purposes of subsection (2) may make provision about the meaning of “electricity supplier”.
(4)Provision included in electricity capacity regulations by virtue of subsection (1) may include provision about—
(a)the terms of a capacity agreement;
(b)the circumstances in which, and the process by which, a capacity agreement may or must be issued;
(c)the persons who may be capacity providers;
(d)the circumstances in which capacity must be available;
(e)the duration of a capacity agreement;
(f)the means by which capacity payments or capacity incentives are to be calculated;
(g)a person or body who is to administer the settlement of capacity payments or capacity incentives (“a settlement body”);
(h)the enforcement of the terms of a capacity agreement;
(i)the resolution of disputes relating to a capacity agreement;
(j)the circumstances in which a capacity agreement may be terminated or varied;
(k)the circumstances in which a capacity agreement may be assigned or traded.
(5)Provision falling within subsection (4) includes provision—
(a)conferring on the national system operator the function of issuing capacity agreements;
(b)relating to the outcome of a capacity auction (see section 29);
(c)about any conditions that must be satisfied by or in relation to a person before that person may enter a capacity auction or become a capacity provider;
(d)about any matters in relation to which a person must satisfy the national system operator before the person may enter a capacity auction or become a capacity provider.
(6)Provision made by virtue of subsection (4)(f) and (g) may—
(a)include provision for a settlement body to calculate or determine, in accordance with such criteria as may be provided for by or under the regulations, amounts which are owed as capacity payments or capacity incentives;
(b)provide for anything which is to be calculated or determined under the regulations to be calculated or determined by such persons, in accordance with such procedure and by reference to such matters and to the opinion of such persons, as may be specified in the regulations.
(7)Provision made by virtue of this section may include provision requiring a person to consent to the inspection of plant or premises, either before or after that person becomes a capacity provider.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: