The Contracts for Difference (Definition of Eligible Generator) Regulations 2014
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3 Definition of eligible generator
(1) This regulation defines “eligible generator” for the purposes of Chapter 2 of Part 2 of the Energy Act 2013. (2) A person (“A”) who intends to carry out a generating activity in relation to an eligible generating station is an eligible generator in respect of the station. (3) Where— (a) a person (“B”) intends— (i) to operate; or (ii) to participate in the operation of, an eligible generating station; and (b) A is an eligible generator in respect of the eligible generating station, B is also an eligible generator in respect of the eligible generating station. (4) Where— (a) A or B is an eligible generator in respect of an eligible generating station; (b) A or B is a corporate body; and (c) a corporate body (“C”) is associated with A or B, C is also an eligible generator in respect of the eligible generating station. (4A) Where an eligible generator is an unincorporated association, any reference to— (a) that “eligible generator”; or (b) a “person”, “applicant”, “generator” or “party”, is to be read as a reference to the unincorporated association. (4B) Paragraph (4A) does not apply to— (a) paragraphs (4), (5) and (8) of regulation 14B of the Allocation Regulations; (b) regulation 14D of the Allocation Regulations; (c) regulation 59 of the Allocation Regulations; (d) sub-paragraphs (a), (b), (c), (e) and (f) of paragraph 2 of Schedule 1 to the Allocation Regulations; (e) paragraph 4 of Schedule 1 to the Allocation Regulations; (f) regulation 7 of the General Regulations; (g) Parts 3 to 3B of the General Regulations. (5) In this regulation— “associated” has the same meaning as it has in section 67 of the Energy Act 2008 and as if that section applied to Scotland; “carry out a generating activity” means— to establish an eligible generating station ...; ... to alter an eligible generating station in order to increase the generating capacity of that station by 5 megawatts or more; ... to alter an existing generating station in order that it becomes a generating station connected to a complete CCS system; ... to alter an eligible generating station(2) by decommissioning part of it in order to replace that part; ... the continuation of electricity generation by an existing biomass station; or the continuation of electricity generation by an existing nuclear power station. “eligible generating station” means a generating station of a type described in the Schedule. “the Allocation Regulations” means the Contracts for Difference (Allocation) Regulations 2014; “the General Regulations” means the Electricity Market Reform (General) Regulations 2014.
3 Definition of eligible generator
(1) This regulation defines “eligible generator” for the purposes of Chapter 2 of Part 2 of the Energy Act 2013. (2) A person (“A”) who intends to carry out a generating activity in relation to an eligible generating station is an eligible generator in respect of the station. (3) Where— (a) a person (“B”) intends— (i) to operate; or (ii) to participate in the operation of, an eligible generating station; and (b) A is an eligible generator in respect of the eligible generating station, B is also an eligible generator in respect of the eligible generating station. (4) Where— (a) A or B is an eligible generator in respect of an eligible generating station; (b) A or B is a corporate body; and (c) a corporate body (“C”) is associated with A or B, C is also an eligible generator in respect of the eligible generating station. (4A) Where an eligible generator is an unincorporated association, any reference to— (a) that “eligible generator”; or (b) a “person”, “applicant”, “generator” or “party”, is to be read as a reference to the unincorporated association. (4B) Paragraph (4A) does not apply to— (a) paragraphs (4), (5) and (8) of regulation 14B of the Allocation Regulations; (b) regulation 14D of the Allocation Regulations; (c) regulation 59 of the Allocation Regulations; (d) sub-paragraphs (a), (b), (c), (e) and (f) of paragraph 2 of Schedule 1 to the Allocation Regulations; (e) paragraph 4 of Schedule 1 to the Allocation Regulations; (f) regulation 7 of the General Regulations; (g) Parts 3 to 3B of the General Regulations. (5) In this regulation— “associated” has the same meaning as it has in section 67 of the Energy Act 2008 and as if that section applied to Scotland; “carry out a generating activity” means— to establish an eligible generating station ...; ... to alter an eligible generating station in order to increase the generating capacity of that station by 5 megawatts or more; ... to alter an existing generating station in order that it becomes a generating station connected to a complete CCS system; ... to alter an eligible generating station(2) by decommissioning part of it in order to replace that part; ... the continuation of electricity generation by an existing biomass station; or the continuation of electricity generation by an existing nuclear power station. “eligible generating station” means a generating station of a type described in the Schedule. “the Allocation Regulations” means the Contracts for Difference (Allocation) Regulations 2014; “the General Regulations” means the Electricity Market Reform (General) Regulations 2014.
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