43. Regulation 43A (non-completion fee) of the Principal Regulations applies as if—
(a)in paragraph (1), after “of the” there were inserted “conditional capacity agreement or”;
(b)after paragraph (2), there were inserted—
“(2A) Where a capacity provider would be required to pay a non-completion fee before the T-1 capacity agreement trigger event has occurred, this fee only becomes payable if the T-1 capacity agreement trigger event occurs.”;
(c)in paragraph (3)—
(i)at the start, there were inserted “Subject to paragraph (3A),”; and
(ii)in sub-paragraph (a), after “payable” there were inserted “(or which would be payable if the T-1 capacity agreement trigger event occurred)”; and
(d)after paragraph (3), there were inserted—
“(3A) An invoice under paragraph (3)(b) must only be issued on or after the date on which the T-1 capacity agreement trigger event occurred.”.