The Electricity Capacity (Amendment) Regulations 2023
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Change 1
4 Amendment to regulation 34 (termination of capacity agreements: CFDs and ROO conversions)
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); .
4 Amendment to regulation 34 (termination of capacity agreements: CFDs and ROO conversions)
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); .
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