---
title: "The Electricity Capacity (Amendment) Regulations 2023"
id: a9fb97c7-1b9e-4f30-851a-c46f724f2e04
authority: uk
place: "United Kingdom"
applies_also_from: []
kind: regulation
in_force: true
publisher_url: https://www.legislation.gov.uk/uksi/2023/860
attribution: "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
solon_url: https://solon.orangecat.ch/law/a9fb97c7-1b9e-4f30-851a-c46f724f2e04
language: en
in_force_from: 2023-07-22
date_basis: publisher
status: consolidated
source_url: https://www.legislation.gov.uk/uksi/2023/860/data.xml
read_on: 2026-11-10
sha256: bd6802bc2b34ff3f7059eeb54df2bcbb6999bacb72bda7fb863efdb96db8bd2f
provisions: 6
---

# The Electricity Capacity (Amendment) Regulations 2023

## Title and introductory text {#prelims}

2023 No. 860
Electricity
The Electricity Capacity (Amendment) Regulations 2023
Made
21st July 2023
Coming into force
22nd July 2023
The Secretary of State, in exercise of the powers conferred by sections 27(1), 28(1) and (4)(j), 29, 32, 36, and 40(1)(a) of the Energy Act 2013 (“the Act”), makes the following Regulations:
The Secretary of State has before making these Regulations—
(a) consulted in accordance with section 40(2) of the Act; and
(b) in accordance with section 5(1)(d), had regard to the matters in section 5(2) of the Act.
In accordance with section 40(5) of the Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.

## 1 Citation, commencement and extent {#regulation-1}

(1) These Regulations may be cited as the Electricity Capacity (Amendment) Regulations 2023.
(2) These Regulations come into force on the day after the day on which they are made.
(3) These Regulations extend to England and Wales and Scotland.

## 2 Amendment of the Electricity Capacity Regulations 2014 {#regulation-2}

The Electricity Capacity Regulations 2014 are amended in accordance with this Part.

## 3 Amendment to regulation 10 (determining whether capacity auction is to be held) {#regulation-3}

In regulation 10—
(a) in paragraph (1), omit subparagraphs (a) to (bb) and the “and” after subparagraph (bb);
(b) in paragraph (1)(c), for “15th June 2017 and each subsequent year”, substitute “15th June in each year”;
(c) for paragraph (5), substitute—
(5) Where a determination in paragraph (1)(c) is that an auction is not to be held or that neither auction is to be held, the Secretary of State must, as soon as reasonably practicable after making it, publish such a determination under paragraph (1)
.

## 4 Amendment to regulation 34 (termination of capacity agreements: CFDs and ROO conversions) {#regulation-4}

In regulation 34—
(a) after paragraph (2), insert—
(2A) Subject to paragraph (2B), a CFD transfer notice must include a statement verifying the truth of the statements contained in the CFD transfer notice, which is signed by two directors of the capacity provider or, in the case of a capacity provider which is not a company, by two persons duly authorised by the capacity provider.
(2B) If a capacity provider has a sole director, references to “directors” in paragraph (2A) are to be read as the sole director.
;
(b) in paragraph (3)—
(i) before the definition of “CFD transfer notice”, insert—
“allocation round” means an allocation round established by the Secretary of State under regulation 4 of the Contracts for Difference (Allocation) Regulations 2014;
;
(ii) for the definition of “CFD transfer notice”, substitute—
“CFD transfer notice” means a notice from the capacity provider in respect of CMU i which—
identifies A;
states that the capacity provider in respect of CMU i seeks the termination of A in order to become eligible to apply for a CFD in an allocation round;
identifies the specific allocation round in which the capacity provider intends to apply;
requests that the Delivery Body terminate A; and
complies with paragraph (2A);
.

## 5 Amendment to regulation 41 (capacity provider penalty charges) {#regulation-5}

In regulation 41(2), for “21st”, substitute “35th”.