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There are currently no known outstanding effects for the The Electricity Capacity Regulations 2014, Section 41.
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41.—(1) A capacity provider (“C”) must pay to the Settlement Body a capacity provider penalty charge in respect of any month of a delivery year (“month M”) if, in respect of month M, a settlement period penalty applies to one or more capacity committed CMUs for which C was the capacity provider during month M.
(2) If one or more capacity providers are liable to pay a capacity provider penalty charge in respect of month M the Settlement Body must, by no later than the [F135th] working day after the end of month M—
(a)determine the amount, if any, payable by each capacity provider in respect of capacity provider penalty charges incurred in month M; and
(b)issue to each capacity provider which is liable to pay capacity provider penalty charges an invoice for the amount determined for it.
(3) The amount payable by C under paragraph (2)(a) is the sum of—
(a)[F2MPSAim], as calculated under paragraph 6 of Schedule 1, for each capacity committed CMU for which C was registered on the capacity market register as the capacity provider for the whole of month M; and
(b)C’s proportion of [F3MPSAim], as calculated under paragraphs 6 and 8 of Schedule 1, for each capacity committed CMU for which C was registered on the capacity market register as the capacity provider for part of month M.
[F4(3A) The percentages to be included in the capacity market register under regulation 31(2)(f) are—
(a)for the annual penalty cap, 100%; and
(b)for the monthly penalty cap, 200%.]
(4) In paragraph (1), “settlement period penalty” means a penalty calculated under paragraph 5 of Schedule 1.
Textual Amendments
F1Word in reg. 41(2) substituted (22.7.2023) by The Electricity Capacity (Amendment) Regulations 2023 (S.I. 2023/860), regs. 1(2), 5
F2Word in reg. 41(3)(a) substituted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 25 (with reg. 1(4))
F3Word in reg. 41(3)(b) substituted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 25 (with reg. 1(4))
F4Reg. 41(3A) inserted (18.12.2014) by The Electricity Capacity (Supplier Payment etc.) Regulations 2014 (S.I. 2014/3354), reg. 1(2), Sch. 2 para. 5
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