- Latest available (Revised)
- Original (As made)
There are currently no known outstanding effects for the The Electricity Capacity (No. 1) Regulations 2019, Section 41.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
41.—(1) Regulation 43 (termination fees) of the Principal Regulations applies as if—
(a)in paragraph (1)—
(i)for sub-paragraphs (a) and (b), there were substituted—
“(a)a conditional capacity agreement or capacity agreement is terminated on a ground specified in capacity market rules; and
(b)capacity market rules specify that a termination fee is payable in the event of the conditional capacity agreement or capacity agreement being terminated on that ground.”;
(b)in paragraph (1A), after “the”, in the first and fifth place it occurs, there were inserted “ conditional capacity agreement or ”;
(c)after paragraph (1A), there were inserted—
“(1B) Where a conditional capacity agreement is terminated, any termination fee which would be payable under paragraph (1) in respect of this termination only becomes payable if the T-1 capacity agreement event occurs.”;
(d)in paragraph (2)—
(i)at the start, there were inserted “Subject to paragraph (2A),”;
(ii)after “termination of a”, there were inserted “ conditional capacity agreement or ”; and
(iii)in sub-paragraph (a), after “payable” there were inserted “ (or which would be payable if the T-1 capacity agreement trigger event occurred) ”;
(e)after paragraph (2), there were inserted—
“(2A) An invoice under paragraph (2)(b) must only be issued on or after the date on which the T-1 capacity agreement trigger event occurred.”;
(f)in paragraph (5)—
(i)for the definition of “CO”, there were substituted—
““CO” means the capacity obligation in MW for which the conditional capacity agreement was issued (and applying to the capacity agreement which the conditional capacity agreement has become under regulation 30(2A)), as specified in the capacity market register);”; and
(ii)in the definition of “TFxrate”, after “under the”, there were inserted “ conditional capacity agreement or ”; and
(g)in paragraph (6), after “a”, in the first place it occurs, there were inserted “ conditional capacity agreement or ”.
(2) Regulation 43ZA (termination fees: adjustment for DSR providers) of the Principal Regulations applies as if—
(a)in paragraph (1)—
(i)for sub-paragraph (b), there were substituted—
“(b)before that termination fee became payable the DSR provider has paid a DSR unproven capacity fee in accordance with regulation 43ZB;”;
(ii)in sub-paragraph (c), for “applicant credit cover” there were inserted “ DSR unproven capacity fee ”; and
(iii)for sub-paragraph (d), there were substituted—
“(d)the termination fee and the DSR unproven capacity fee relate to the same [F1capacity auction.”];
(b)in paragraph (2), for “credit cover drawn down”, there were substituted “ DSR unproven capacity fee paid ”; and
(c)after paragraph (2), there were inserted—
“(3) In this regulation, draw down of applicant credit cover in respect of the DSR unproven capacity fee by the Settlement Body under regulation 61(1)(c) is treated as payment of that fee by the relevant DSR provider.”.
Textual Amendments
F1Words in reg. 41(2)(a)(iii) substituted (18.7.2019) by The Electricity Capacity (No. 2) Regulations 2019 (S.I. 2019/1139), regs. 1(2), 3(5)
Commencement Information
I1Reg. 41 in force at 10.4.2019, see reg. 1(2)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: