PART 2Electricity Market Reform

CHAPTER 2Contracts for Difference

12CFD notifications

1

The national system operator may, in accordance with provision made by regulations, give a notification to a CFD counterparty (a “CFD notification”) specifying—

a

an eligible generator, and

b

such other information as may be required for the purpose of making an offer under section 14 to contract with that generator.

2

A CFD notification must not be given if regulations made by virtue of section 23 prevent the giving of the notification.

3

Regulations may make further provision about CFD notifications and in particular provision about—

a

the circumstances in which a CFD notification may or must be given;

b

the kinds of information mentioned in subsection (1)(b) that must be specified in a CFD notification;

c

appeals against decisions not to give CFD notifications.

4

A CFD notification may not be given by virtue of regulations under this section in relation to an electricity generating station in Northern Ireland unless the Department of Enterprise, Trade and Investment consent to the CFD notification.

5

But regulations may, with the consent of that Department, include provision for circumstances in which consent under subsection (4) is not required.

6

In subsection (4) “Northern Ireland” includes so much of the internal waters and territorial sea of the United Kingdom as are adjacent to Northern Ireland.