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The Electricity Capacity Regulations 2014

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Change 1

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As published

52 Payment of withheld credit

(1) Paragraphs (2) and (3) apply where a credit is withheld from a capacity provider (“C”) under regulation 51. (2) If, where the credit is withheld for the reason in regulation 51(1)(aa) or 51(1)(b), an invoice is due to be issued to C, the Settlement Body may deduct all or part of the withheld credit from the amount invoiced, and the amount so deducted is to be treated as having been paid to C. (3) Except where the withheld credit has been deducted from an invoice in accordance with paragraph (2), the Settlement Body must pay the withheld credit on the next occasion which the Settlement Body considers practicable when— (a) credit payments are made under this Part; and (b) the Settlement Body is not required to withhold a credit from C under regulation 51. (4) Where credit is withheld from C under under regulation 51(1)(aa) and a relevant termination notice is subsequently withdrawn, the Settlement Body must pay the withheld credit in accordance with the formula— A=X×YZ where— A is the adjusted capacity payment; X is the full monthly capacity payment; Y is the number of days in that month after (and including) the date the relevant termination notice was issued; and Z is the total number of days in the month during which the termination notice was issued. (5) Paragraph (4) applies to the termination of a transferred part as it applies to the termination of a capacity agreement. (6) In this regulation, “relevant termination notice” has the meaning given in regulation 51(1)(aa).

Your change, as a redline

52 Payment of withheld credit

(1) Paragraphs (2) and (3) apply where a credit is withheld from a capacity provider (“C”) under regulation 51. (2) If, where the credit is withheld for the reason in regulation 51(1)(aa) or 51(1)(b), an invoice is due to be issued to C, the Settlement Body may deduct all or part of the withheld credit from the amount invoiced, and the amount so deducted is to be treated as having been paid to C. (3) Except where the withheld credit has been deducted from an invoice in accordance with paragraph (2), the Settlement Body must pay the withheld credit on the next occasion which the Settlement Body considers practicable when— (a) credit payments are made under this Part; and (b) the Settlement Body is not required to withhold a credit from C under regulation 51. (4) Where credit is withheld from C under under regulation 51(1)(aa) and a relevant termination notice is subsequently withdrawn, the Settlement Body must pay the withheld credit in accordance with the formula— A=X×YZ where— A is the adjusted capacity payment; X is the full monthly capacity payment; Y is the number of days in that month after (and including) the date the relevant termination notice was issued; and Z is the total number of days in the month during which the termination notice was issued. (5) Paragraph (4) applies to the termination of a transferred part as it applies to the termination of a capacity agreement. (6) In this regulation, “relevant termination notice” has the meaning given in regulation 51(1)(aa).

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