48.—(1) This article applies to a combustion unit which is included in a generating CMU in respect of which a capacity agreement has been issued (the “relevant capacity agreement”).
(2) ROCs are not to be issued in respect of any electricity generated by a combustion unit to which this article applies unless—
(a)a capacity market transfer notice has been given to the Authority by the operator of the generating station in respect of the combustion unit, and
(b)paragraph (4) or (5) applies in relation to the electricity.
(3) A capacity market transfer notice is a notice which—
(a)is in writing,
(b)identifies the combustion unit to which it relates,
(c)states the date on which the relevant capacity agreement was issued, and
(d)states the date of commencement of the delivery year, or first delivery year, for which that capacity agreement was issued (“the capacity market participation date”).
(4) This paragraph applies in relation to electricity generated—
(a)in a month in which the combustion unit burns only biomass, and
(b)before the capacity market transfer notice has come into force.
(5) This paragraph applies in relation to electricity generated—
(a)in a month in which the combustion unit burns fossil fuel and biomass, and
(b)before the capacity market participation date.
(6) For the purposes of paragraph (4), a capacity market transfer notice comes into force on the capacity market participation date stated in the notice unless the relevant capacity agreement has been terminated before the earliest of the capacity market participation date and 1st April 2017 (in which case the capacity market transfer notice never comes into force).
(7) For the purposes of paragraphs (4) and (5), no account is to be taken of any fossil fuel or waste which is used in the combustion unit for permitted ancillary purposes.
(8) Once a capacity market transfer notice has been received by the Authority it cannot be withdrawn.
(9) In this article, “capacity agreement”, “generating CMU” and “delivery year” have the same meaning as in the Electricity Capacity Regulations 2014 M1.