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32. Regulation 30A (transfer of a capacity agreement) of the Principal Regulations applies as if—
(a)in paragraph (1)—
(i)after “A”, in the first place it occurs, there were inserted “conditional capacity agreement or”; and
(ii)in sub-paragraph (a), after “which the” there were inserted “conditional capacity agreement or”;
(b)after paragraph (1), there were inserted—
“(1A) A transfer of a conditional capacity agreement under paragraph (1) may include the transfer of rights and obligations which would only arise in respect of a CMU under the capacity agreement the conditional capacity agreement would become under regulation 30(2A) if the T-1 capacity agreement trigger event occurred.”;
(c)in paragraph (2)(a), after “in the” there were inserted “conditional capacity agreement or”;
(d)for paragraph (3) there were substituted—
“(3) For the purposes of this regulation—
(a)a “transferred part” comprises the rights and obligations accruing to the transferee in respect of a CMU where the conditional capacity agreement or capacity agreement (“the related agreement”) is transferred under paragraph (1)(b) or (2)(b); and
(b)if a conditional capacity agreement which has been transferred under paragraph (1)(b) or (2)(b) becomes a capacity agreement under regulation 30(2A), this capacity agreement becomes the related agreement to the transferred part.”; and
(e)in paragraph (7), after “a”, in the third place it occurs, there were inserted “conditional capacity agreement or”.
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