6. In regulation 14 (excluded applications)—
(a)in paragraph (5), for “unit to be altered” substitute “unit to be established or altered”;
(b)for paragraph (10) substitute—
“(10) No application may be made in respect of a CFD unit in relation to which—
(a)a CFD applies;
(b)a capacity agreement applies; or
(c)an application for a capacity agreement has been made but has not been determined.
(10A) For the purposes of paragraph (10)(c)—
(a)an application for a capacity agreement has been made when an application is made for prequalification in accordance with the Electricity Capacity Regulations 2014(1) and capacity market rules made under Chapter 3 of Part 2 of the Energy Act 2013 (“CM rules”); and
(b)an application for a capacity agreement has been determined when, in accordance with the Electricity Capacity Regulations 2014 and CM rules, it is no longer possible to obtain a capacity agreement as a consequence of that application.”.
S.I. 2014/2043, amended by S.I. 2014/3354, 2015/875, 2015/1974.