The Electricity Capacity (No. 1) Regulations 2019

Transfer of a capacity agreement: modifications

32.  Regulation 30A (transfer of a capacity agreement) of the Principal Regulations applies as if—

(a) in paragraph (1)—

(i) after “A”, in the first place it occurs, there were inserted “conditional capacity agreement or”; and

(ii) in sub-paragraph (a), after “which the” there were inserted “conditional capacity agreement or”;

(b) after paragraph (1), there were inserted—

“(1A) A transfer of a conditional capacity agreement under paragraph (1) may include the transfer of rights and obligations which would only arise in respect of a CMU under the capacity agreement the conditional capacity agreement would become under regulation 30(2A) if the T-1 capacity agreement trigger event occurred.”;

(c) in paragraph (2)(a), after “in the” there were inserted “conditional capacity agreement or”;

(d) for paragraph (3) there were substituted—

“(3) For the purposes of this regulation—

(a) a “transferred part” comprises the rights and obligations accruing to the transferee in respect of a CMU where the conditional capacity agreement or capacity agreement (“the related agreement”) is transferred under paragraph (1)(b) or (2)(b); and

(b) if a conditional capacity agreement which has been transferred under paragraph (1)(b) or (2)(b) becomes a capacity agreement under regulation 30(2A), this capacity agreement becomes the related agreement to the transferred part.”; and

(e) in paragraph (7), after “a”, in the third place it occurs, there were inserted “conditional capacity agreement or”.