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26.—(1) The modifications in paragraph (2) apply only in relation to a capacity agreement that existed on 15th November 2018.
(2) Regulation 33 (termination of capacity agreements: Secretary of State’s discretion) of the Principal Regulations applies as if—
(a)in paragraph (2)—
(i)in sub-paragraph (a), “or” were omitted;
(ii)at the end of sub-paragraph (b), for “.” there were substituted “; or”; and
(iii)after sub-paragraph (b), there were inserted—
“(c)if the termination notice is given during the standstill period, direct the Delivery Body to—
(i)withdraw the termination notice given to the capacity provider (“P”); and
(ii)terminate the capacity agreement on the ground specified in capacity market rules that it would involve undue financial hardship to require P to pay a termination fee in respect of the termination of the capacity agreement, owing to the exceptional circumstances of P’s particular case arising from the non-payment to P of capacity payments (which were prevented from being paid by the law relating to state aid) during the standstill period.”;
(b)in paragraph (3), for “6” there were substituted “12”; and
(c)at the end of paragraph (9), there were inserted “, and “standstill period” has the meaning given in regulation 3 of the Electricity Capacity (No. 1) Regulations 2019”.
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