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Statutory Instruments

2014 No. 2013

Electricity

The Electricity Market Reform (General) Regulations 2014

Made

31st July 2014

Coming into force in accordance with regulation 1

The Secretary of State has before making these Regulations—

(a)consulted the persons listed in section 24(1)(a) to (g) of the Energy Act 2013(1) and such other persons as the Secretary of State considered it appropriate to consult; and

(b)had regard to the matters in section 5(2) of that Act.

In accordance with section 6(8) of that Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.

Accordingly, the Secretary of State, in exercise of the powers conferred by sections 6(1), 12(3), 16, 19 and 63 of the Energy Act 2013, makes the following Regulations:

PART 1U.K.Introduction

Citation and commencementU.K.

1.  These Regulations may be cited as the Electricity Market Reform (General) Regulations 2014 and come into force on the day after the day on which they are made.

Commencement Information

I1Reg. 1 in force at 1.8.2014, see reg. 1

InterpretationU.K.

2.  In these Regulations—

“the Act” means the Energy Act 2013;

“advice notice” has the meaning given by regulation 4(1);

“the Allocation Regulations” means the Contracts for Difference (Allocation) Regulations 2014(2);

“applicant” has the meaning given by regulation 9(2);

“capital costs” means the capital costs of an electricity generating station;

“counterparty notice” has the meaning given by regulation 6(2);

“delivery body” means—

(a)

the national system operator; or

(b)

if the national system operator’s functions under Chapter 2 of Part 2 of the Act have been transferred to an alternative body, that body;

“eligible generator” has the same meaning as it has under the Contracts for Difference (Definition of Eligible Generator) Regulations 2014(3);

“first round CFD application” has the meaning given by regulation 10(3)(c);

[F1“FMS compliance and enforcement” means the terms and conditions of a CFD or retained investment contract by virtue of which the relevant party monitors compliance with, and enforcement of, the FMS procedures or the FMS obligations;]

[F1“FMS obligations” means the terms and conditions of a CFD or retained investment contract by virtue of which the generator party is required to—

(a)

measure the amount of fuel used by the generating station which is subject to that contract;

(b)

sample the content of such fuel; and

(c)

provide information to the relevant party in relation to such measurement and sampling;]

[F1“FMS procedures” means the procedures agreed, or to be agreed, between the parties to a CFD or retained investment contract, further to the terms and conditions of that contract to ensure compliance by the generator party with the FMS obligations;]

“generator notice” has the meaning given by regulation 7(2);

[F1“generator party” means a party to a CFD or a retained investment contract other than the relevant party;]

[F2“generator party applicant” [F3has the meaning given in regulation 12A(1)] [F3means a generator party identified in regulation 12A(1) or 12D(1)];]

“operational costs” means the costs of operation of an electricity generating station;

“progress report” has the meaning given by regulation 4(1)(c);

“relevant generating station” has the meaning given by regulation 9(1);

[F1“relevant party” means—

(a)

in relation to a CFD, the CFD counterparty which is party to that contract;

(b)

in relation to a retained investment contract, the Secretary of State;]

[F1“retained investment contract” means an investment contract other than a transferred investment contract]

“strike price” means a price for one megawatt hour of electricity generated by a generating station;

“supply chain application” means an application under regulation 9(1) for a supply chain statement;

[F4“supply chain implementation application” means an application submitted under regulation 12A(1) for a supply chain implementation statement;]

[F4“supply chain implementation statement” means a statement by the Secretary of State that confirms that the establishment or alteration of a generating station is making a material contribution to the development [F5and sustainability] of supply chains;]

“supply chain statement” means a statement by the Secretary of State that to establish or alter a generating station is likely to make a material contribution to the development [F5and sustainability] of supply chains;

“supply chains” means the chains of suppliers of goods or services in relation to the construction, alteration, maintenance or operation of a generating station;

[F1“sustainability obligations” means the terms and conditions of a CFD or retained investment contract by virtue of which requirements are imposed on the generator party in relation to—

(a)

the use of bioliquids, solid biomass or gaseous biomass in the generation of electricity; and

(b)

the provision of information to the relevant party concerning such use;]

[F6“sustainable industry reward implementation application” means an application under regulation 12D(1) for a sustainable industry reward implementation statement;]

[F6“sustainable industry reward implementation statement” means a statement provided by the Secretary of State under regulation 12F(1)(a) or (3)(a);]

[F6“sustainable industry reward statement” has the meaning given in regulation 2(1) of the Contracts for Difference (Allocation) Regulations 2014;]

[F1“transferred investment contract” means an investment contract which has been transferred to a CFD counterparty by virtue of paragraph 16(1) of Schedule 2 to the Act;]

[F7“working day” means a day that is not a Saturday or Sunday, Christmas Day, Good Friday or any day that is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971.]

Textual Amendments

Commencement Information

I2Reg. 2 in force at 1.8.2014, see reg. 1

PART 2U.K.Secretary of State requiring information from the delivery body

Provision of informationU.K.

3.—(1) The Secretary of State may require the delivery body to provide information (including advice and analysis) to the Secretary of State in relation to the strike price applicable (or to be applicable) to any form of low carbon electricity generation.

(2) The information which may be required under paragraph (1) includes information about how such strike prices may affect any of the following—

(a)the reduction of the carbon intensity of electricity generation in the United Kingdom;

(b)the security of electricity generation;

(c)the cost of operation of low carbon electricity generation;

(d)the price of energy payable by consumers; or

(e)the funding available to the Secretary of State to support forms of low carbon electricity generation.

(3) The information which may be required under paragraph (1) may include the modelling of the impacts of such strike prices on different markets within the United Kingdom.

Commencement Information

I3Reg. 3 in force at 1.8.2014, see reg. 1

Notice to the delivery bodyU.K.

4.—(1) Where the Secretary of State requires information under regulation 3(1), the Secretary of State must give a notice (“an advice notice”) to the delivery body which sets out—

(a)the information required;

(b)the date by which the information, or parts of it, is to be provided;

(c)whether or not the delivery body must provide a written report (“a progress report”) to the Secretary of State stating the progress being made by the delivery body to comply with sub-paragraphs (a) and (b); and

(d)where a progress report is required, the date by which it is to be provided.

(2) An advice notice may—

(a)describe or refer to assumptions which the delivery body must apply when providing information;

(b)require a methodology described or referred to in the notice to be used by the delivery body when providing any of the information required by the notice;

(c)require the information to be provided in a particular form; and

(d)be withdrawn by notice by the Secretary of State to the delivery body.

(3) The delivery body must comply with an advice notice which is given to it.

(4) The Secretary of State may in writing require the delivery body to have regard to such other matters not described or referred to in the advice notice as the Secretary of State considers relevant to the provision of information set out in the notice.

(5) A written requirement under paragraph (4) must be made as soon as practicable after an advice notice is given to the delivery body.

(6) The Secretary of State and the delivery body may agree a variation of any of the matters set out in an advice notice or a written requirement made under paragraph (4).

(7) The Secretary of State must make publicly available an advice notice.

(8) So far as practicable, the Secretary of State must consult the delivery body about the intended content of—

(a)an advice notice before the notice is given; or

(b)a written requirement under paragraph (4) before the requirement is made.

Commencement Information

I4Reg. 4 in force at 1.8.2014, see reg. 1

Non-complianceU.K.

5.—(1) The requirements imposed under regulation 4 on the delivery body to provide by the date required by an advice notice—

(a)the information required by the notice; or

(b)any progress report required by the notice,

subject to paragraph (3), are to be treated as relevant requirements on the delivery body as a regulated person for the purposes of section 25 of the Electricity Act 1989(4).

(2) Reference in paragraph (1) to a matter required by an advice notice is a reference to that requirement—

(a)subject to any written requirement made under regulation 4(4); and

(b)as may be varied further to regulation 4(6).

(3) Where—

(a)to comply with an advice notice requires the delivery body to be provided with information further to a counterparty notice or a generator notice;

(b)the delivery body has given, as applicable, a counterparty notice or a generator notice; and

(c)the delivery body is not provided with the information required by the counterparty notice or generator notice (“missing information”),

there is no failure to comply with paragraph (1)(a) to the extent of the missing information.

Commencement Information

I5Reg. 5 in force at 1.8.2014, see reg. 1

Provision of information by a CFD counterparty to the delivery bodyU.K.

6.—(1) Paragraph (2) applies where the delivery body has been given an advice notice.

(2) The delivery body may give a notice (“a counterparty notice”) to a CFD counterparty, requiring it to provide to the delivery body information which the delivery body reasonably believes that the CFD counterparty holds (or is entitled to obtain) and which the delivery body reasonably requires to comply with the advice notice.

(3) A counterparty notice must set out—

(a)the information required; and

(b)the date by which the information is to be provided.

(4) The information required by a counterparty notice may include information in relation to the capital costs and operational costs in respect of [F8a generator party].

(5) A counterparty notice may be varied or withdrawn by notice by the delivery body to the CFD counterparty.

(6) A CFD counterparty must comply with a counterparty notice which is given to it.

(7) Subject to paragraph (8), the requirement imposed under paragraph (6) is to be treated as a relevant requirement on the CFD counterparty as a regulated person for the purposes of section 25 of the Electricity Act 1989.

(8) Where—

(a)the CFD counterparty has been given a counterparty notice but to comply with that notice the CFD counterparty needs to obtain information from [F9a generator party]; and

(b)the CFD counterparty is not provided with that information from the [F10generator party] (“missing information”),

there is no failure to comply with paragraph (6) to the extent of the missing information.

Textual Amendments

Commencement Information

I6Reg. 6 in force at 1.8.2014, see reg. 1

Provision of information by generators to the delivery bodyU.K.

7.—(1) Paragraph (2) applies where—

(a)by virtue of a counterparty notice, the delivery body has sought to obtain information from a CFD counterparty;

(b)some or all of the information sought has not been provided; and

(c)the delivery body reasonably believes that the information may be obtained from [F11a generator party].

(2) The delivery body may give a notice (“a generator notice”) to a [F12generator party] requiring the relevant generator to provide to the delivery body information which the delivery body reasonably believes that the relevant generator holds (or is entitled to obtain) and which the delivery body reasonably requires to comply with an advice notice.

(3) A generator notice must set out—

(a)the information required; and

(b)the date by which the information is to be provided.

(4) The information required by a generator notice may include information in relation to the capital costs and operational costs of the electricity generating station which is the subject of the CFD to which the [F13generator party] is a party.

(5) A generator notice may be varied or withdrawn by notice by the delivery body to the [F14generator party].

(6) A [F15generator party] must comply with a generator notice which is given to it.

(7) The requirement imposed under paragraph (6) is to be treated as a relevant requirement on the [F16generator party] as a regulated person for the purposes of section 25 of the Electricity Act 1989.

[F17(8) Where the “generator party” is an unincorporated association, “generator party” is to be read as “a member of the generator party unincorporated association that is a regulated person for the purposes of section 25 of the Electricity Act 1989.]

Textual Amendments

Commencement Information

I7Reg. 7 in force at 1.8.2014, see reg. 1

ConfidentialityU.K.

8.—(1) This regulation applies only to a delivery body which is not the national system operator.

(2) Where the delivery body obtains information further to a generator notice (“generation information”), the delivery body must not process that information for any purpose other than to comply with an advice notice except—

(a)with the consent of the generator who provided the information; or

(b)as required by or under—

(i)an order of the court;

(ii)an enactment; or

(iii)an EU obligation;

(c)as required or permitted by or under—

(i)a licence condition which applies to the delivery body; or

(ii)a condition of an industry document to which the delivery body is a party.

(3) The restriction in paragraph (2) does not apply to generation information which is publicly available (other than by breach of this regulation).

(4) The restriction in paragraph (2) imposed on the delivery body is to be treated as a relevant requirement on the delivery body as a regulated person for the purposes of section 25 of the Electricity Act 1989.

(5) In this regulation—

(a)“industry document” means any of the following documents maintained under a licence—

(i)the Balancing and Settlement Code;

(ii)the Connection and Use of System Code; or

(iii)the Grid Code; and

(b)“licence” means a licence under section 6 of the Electricity Act 1989.

Commencement Information

I8Reg. 8 in force at 1.8.2014, see reg. 1

PART 3U.K.Supply chain statements [F18and documents]

Textual Amendments

Application for supply chain statementsU.K.

9.—(1) An eligible generator may make a supply chain application to the Secretary of State in respect of a generating station identified in the application (“a relevant generating station”).

(2) An eligible generator who makes an application described in paragraph (1) is “an applicant”.

(3) The Secretary of State must not provide a supply chain statement unless the Secretary of State is satisfied that—

(a)the applicant is an eligible generator in respect of the relevant generating station; and

(b)the establishment or alteration of the relevant generating station is likely to make a material contribution to the development [F19and sustainability] of supply chains.

(4) In deciding whether or not to provide a supply chain statement to an applicant, the Secretary of State must have regard to the extent to which the establishment or alteration of the relevant generating station is likely to support the following matters—

[F20(a)increasing productivity, competitiveness and capacity in supply chains;

(b)encouraging innovation in supply chains;

(c)developing a diverse and skilled workforce and increasing employment opportunities; [F21and]

(d)increasing investment in and finding technical solutions to improving infrastructure that is relevant to the generation, storage, demand or use of electricity. [F22; and

(e)increasing the sustainability of supply chains, in particular—

(i)increasing the long-term economic sustainability of supply chains;

(ii)minimising the negative environmental impacts of supply chains; and

(iii)delivering benefits to the communities in which supply chains operate.]]

Textual Amendments

Commencement Information

I9Reg. 9 in force at 1.8.2014, see reg. 1

Particulars of applicationsU.K.

10.—(1) A supply chain application must—

(a)identify the relevant generating station;

(b)describe how the relevant generating station is to be established or altered;

(c)set out how the applicant considers that the establishment or alteration of the relevant generating station is likely—

(i)to make a material contribution to the development [F23and sustainability] of supply chains; and

(ii)to support the matters listed in regulation 9(4); and

(d)include the information necessary in support of the matters in sub-paragraphs (a) to (c).

(2) An applicant must—

(a)identify any information included in, or in support of, a supply chain application [F24or otherwise provided to the Secretary of State in relation to the generating station to support the development [F25and sustainability] of supply chains] which the applicant considers is commercially confidential; and

(b)where such information is identified, provide reasons why the applicant considers that disclosure of that information (other than to the Secretary of State for the purposes of determining the supply chain application) may damage the commercial interests of the applicant or another person.

(3) Paragraph (4) applies where—

(a)the first allocation round is established by virtue of the Allocation Regulations;

(b)except where regulation 12 applies, the Allocation Regulations require a supply chain statement to be provided in support of an application for a CFD; and

(c)the applicant or other eligible generator in respect of the relevant generating station intends to make an application for a CFD in the first allocation round (“a first round CFD application”).

(4) Where this paragraph applies the applicant must—

(a)make the supply chain application by no later than 10 working days before the last date by which applications for a CFD must be made for the first allocation round; and

(b)state in the supply chain application that a first round CFD application is intended to be made.

Textual Amendments

Commencement Information

I10Reg. 10 in force at 1.8.2014, see reg. 1

Providing supply chain statements or refusing applicationsU.K.

11.—(1) Except where regulation 12 applies, the Secretary of State must as soon as practicable after a supply chain application is received by the Secretary of State give a notice to the applicant which includes—

(a)a supply chain statement and the period for which the statement has effect; or

(b)a refusal of the application and reasons for that refusal.

(2) Where paragraph (1)(a) applies, the period for which a supply chain statement has effect is—

(a)[F269] months from the date of the notice; or

(b)where the Secretary of State is of the opinion that there is a compelling reason for the period to be longer, such longer period.

Textual Amendments

Commencement Information

I11Reg. 11 in force at 1.8.2014, see reg. 1

First allocation roundU.K.

12.—(1) This regulation applies only to the first allocation round established by virtue of the Allocation Regulations.

(2) The Secretary of State may determine that no supply chain statements will be provided in respect of supply chain applications where a first round CFD application is to be made.

(3) A determination must only be made under paragraph (2) where the Secretary of State considers that it is not possible properly to assess by the relevant date all supply chain applications where a first round CFD application is to be made.

(4) Where a determination is made under paragraph (2), the Secretary of State must immediately—

(a)publish that determination; and

(b)give a notice of the determination to the delivery body.

(5) In paragraph (3), “relevant date” means the last date by which applications for a CFD must be made for the first allocation round.

Commencement Information

I12Reg. 12 in force at 1.8.2014, see reg. 1

[F27Application for supply chain implementation statementsU.K.

12A.—(1) Where a supply chain statement was previously provided in respect of a generating station that is the subject of a CFD, the generator party (the “generator party applicant”) may apply for a supply chain implementation statement by submitting a supply chain implementation application to the Secretary of State.

(2) The Secretary of State must not provide a supply chain implementation statement unless the Secretary of State is satisfied that—

(a)the generator party applicant is the generator party in respect of the generating station;

(b)where the CFD was entered into after a successful application in an allocation round by virtue of the Allocation Regulations, the generator party applicant has fulfilled a “milestone requirement” as defined in the CFD; and

(c)the establishment or alteration of the generating station is making a material contribution to the development [F28and sustainability] of supply chains.

(3) In deciding whether or not to provide a supply chain implementation statement to the generator party applicant, the Secretary of State must have regard to the extent to which—

(a)the establishment or alteration of the generating station is supporting the matters listed in regulation 9(4); and

(b)the proposals set out in the supply chain application (including any amendments agreed by the Secretary of State) are being implemented.]

Textual Amendments

[F27Particulars of supply chain implementation applicationsU.K.

12B.—(1) A supply chain implementation application must—

(a)identify the generating station;

(b)where the CFD was entered into after a successful application in an allocation round by virtue of the Allocation Regulations, demonstrate that a “milestone requirement” as defined in the CFD has been fulfilled;

(c)describe how the generating station is being established or altered;

(d)set out how the generator party applicant considers that the establishment or alteration of the generating station is—

(i)making a material contribution to the development [F29and sustainability] of supply chains;

(ii)supporting the matters listed in regulation 9(4);

(iii)implementing the proposals set out in the supply chain application (including any amendments agreed by the Secretary of State); and

(e)include the information necessary in support of the matters in sub-paragraphs (a) to (d).

(2) A generator party applicant must—

(a)identify any information included in, or in support of, an application for a supply chain implementation statement or otherwise provided to the Secretary of State in relation to the generating station to support the development [F30and sustainability] of supply chains which the generator party applicant considers is commercially confidential; and

(b)where such information is identified, provide reasons why the generator party applicant considers that disclosure of that information (other than to the Secretary of State for the purposes of deciding whether to provide or refuse a supply chain implementation statement) may damage the commercial interests of the generator party applicant or another person.]

Textual Amendments

[F27Providing supply chain implementation statements or refusalsU.K.

12C.—(1) The Secretary of State must as soon as practicable after a supply chain implementation application is received by the Secretary of State give a notice to the generator party applicant which includes—

(a)a supply chain implementation statement; or

(b)a refusal to provide a supply chain implementation statement and reasons for that refusal.

(2) If the Secretary of State has not given a notice as set out in paragraph (1) within 60 working days of receiving a supply chain implementation application that satisfies the requirements set out in regulation 12B, the Secretary of State must provide a supply chain implementation statement to the generator party applicant.]

Textual Amendments

[F31Part 3AE+W+SSustainable industry reward implementation statements

Textual Amendments

Application for sustainable industry reward implementation statementsE+W+S

12D.—(1) Where the Secretary of State has provided, and not withdrawn, a sustainable industry reward statement in respect of a generating station that is the subject of a CFD, the generator party (the “generator party applicant”) may apply for a sustainable industry reward implementation statement by submitting a sustainable industry reward implementation application to the Secretary of State.

(2) The Secretary of State must not provide a sustainable industry reward implementation statement unless the Secretary of State is satisfied that—

(a)the generator party applicant is the generator party in respect of the generating station; and

(b)the generator party applicant has, fully or partially, fulfilled the obligations set out in the sustainable industry reward statement.

Particulars of sustainable industry reward implementation applicationsE+W+S

12E.—(1) A sustainable industry reward implementation application must—

(a)identify the generating station;

(b)demonstrate that the generator party applicant has, fully or partially, fulfilled the obligations in the sustainable industry reward statement;

(c)describe how the generating station is being established or altered;

(d)include the information necessary in support of the matters in sub-paragraphs (a) to (c).

(2) A generator party applicant must—

(a)identify any information included in, or in support of, a sustainable industry reward implementation application or otherwise provided to the Secretary of State in relation to the generating station to support the development and sustainability of supply chains which the generator party applicant considers is commercially confidential; and

(b)where such information is identified, provide reasons why the generator party applicant considers that disclosure of that information (other than to the Secretary of State for the purposes of deciding whether to provide or refuse a sustainable industry reward implementation statement) may damage the commercial interests of the generator party applicant or another person.

(3) A generator party applicant must provide to the Secretary of State such additional information as the Secretary of State may require for the purpose of considering a sustainable industry reward implementation application.

Providing sustainable industry reward implementation statementsE+W+S

12F.—(1) The Secretary of State must as soon as practicable after a sustainable industry reward implementation application is received by the Secretary of State give a notice to the generator party applicant which includes—

(a)a sustainable industry reward implementation statement which states the extent to which the generator party applicant has fulfilled the obligations set out in the sustainable industry reward statement; or

(b)a refusal to provide a sustainable industry reward implementation statement which states the extent to which the generator party applicant has failed to meet the minimum standards of contribution to the development and sustainability of supply chains, as set out in the sustainable industry reward allocation framework (within the meaning of regulation 2(1) of the Contracts for Difference (Allocation) Regulations 2014).

(2) Paragraph (3) applies where the Secretary of State is satisfied that—

(a)a sustainable industry reward implementation statement contains an error; or

(b)the information provided by a generator party applicant in, or in support of, a sustainable industry reward implementation application was materially incorrect.

(3) Where this paragraph applies, the Secretary of State—

(a)may revise the sustainable industry reward implementation statement and, as soon as practicable after doing so, must give a notice to the generator party which includes the matters mentioned in paragraph (1)(a); or

(b)may withdraw a sustainable industry reward implementation statement and, as soon as practicable after deciding to do so, must give a notice to the generator party which includes the matters mentioned in paragraph (1)(b).]

[F32PART 3BU.K.Confidentiality (Parts 3 and 3A) and documents]

Textual Amendments

ConfidentialityU.K.

13.—(1) [F33The Secretary of State must not disclose any information included in, or in support of a supply chain application, an application for a supply chain implementation statement [F34or a sustainable industry reward implementation statement] or otherwise provided to the Secretary of State in relation to a generating station to support the development [F35and sustainability] of supply chains where that disclosure may, in the opinion of the Secretary of State, damage the commercial interests of any other person except—]

[F36(a)with the consent of that person; ]

(b)as required by or under—

(i)an order of the court; [F37or]

(ii)an enactment; or

(iii)[F38an EU obligation; or]

(c)to a permitted person for a permitted purpose, and the Secretary of State is satisfied that arrangements have been made with that person to prevent any further disclosure of that information by that person.

(2) In paragraph (1)—

“permitted person” means—

(a)

a public authority to which the Human Rights Act 1998(5) applies; or

(b)

a person providing services to the Secretary of State in relation to a permitted purpose or any officer, employee or agent of that person;

“permitted purpose” means—

(a)

to enable the Secretary of State to determine whether or not to provide a supply chain statement [F39[F40or a supply chain implementation statement]] [F39, a supply chain implementation statement or a sustainable industry reward implementation statement]; or

(b)

to support the development [F41and sustainability] of supply chains.

Textual Amendments

Commencement Information

I13Reg. 13 in force at 1.8.2014, see reg. 1

DocumentsU.K.

14.  The Schedule (documents) has effect, except in respect of Part 4.

Commencement Information

I14Reg. 14 in force at 1.8.2014, see reg. 1

PART 4U.K.Liability of the national system operator

Restricted liability in damagesU.K.

15.—(1) Paragraph (2) applies to—

(a)the national system operator;

(b)any director of the national system operator; and

(c)any employee, officer or agent of the national system operator.

(2) Subject to paragraph (3), a person to whom this paragraph applies is not liable in damages for anything done or omitted to be done in the exercise or purported exercise of the national system operator’s functions under—

(a)these Regulations;

(b)the Allocation Regulations; or

(c)any allocation framework made by the Secretary of State pursuant to section 13(2) of the Act.

(3) The exclusion of liability in paragraph (2) does not—

(a)apply where the act or omission occurs in bad faith, including where the act or omission—

(i)constitutes a tort which involved a wilful act or omission calculated to cause harm or loss to another person; or

(ii)is fraudulent;

(b)prevent an award of damages in respect of an act or omission which is—

(i)unlawful by virtue of section 6(1) of the Human Rights Act 1998(6);

(ii)a breach of a duty owed by virtue of section 27(4) of the Electricity Act 1989;

(iii)a criminal offence;

(iv)an infringement of a person’s intellectual property rights;

(v)a breach of confidentiality, whether statutory or at common law; or

(vi)a breach of contract.

Commencement Information

I15Reg. 15 in force at 1.8.2014, see reg. 1

[F42PART 5U.K.Advice arrangements and transferred investment contracts

Textual Amendments

Provision of advice by the AuthorityU.K.

16.—(1) The Authority may enter into arrangements for the purpose of offering advice to a relevant party in respect of any of the matters in paragraph (2).

(2) The matters referred to in paragraph (1) are—

(a)FMS procedures, including any contemplated amendments to such procedures;

(b)FMS compliance and enforcement;

(c)monitoring compliance with, and enforcement of, sustainability obligations.

Investment contractsU.K.

17.—(1) A transferred investment contract is to be treated as a CFD for the purposes of all provision made by Chapter 2 of Part 2 of the Act except for any provision made by sections 10 to 16 of that Act.

(2) Except in [F43Part 3] [F43Parts 3 and 3A], any reference in these Regulations to a CFD is to be treated as including reference to a transferred investment contract.]

Textual Amendments

[F44PART 6U.K.Secretary of State directing a CFD counterparty

Textual Amendments

Power to direct a CFD counterparty [F45following revision to standard terms] U.K.

18.—(1) Paragraph (2) applies where the Secretary of State issues and publishes revised standard terms in accordance with section 11 of the Act that include revisions to any sustainability obligations in the standard terms.

(2) The Secretary of State may give a notice (“a direction notice”) to a CFD counterparty that requires the CFD counterparty to implement amendments to the sustainability obligations.

(3) A direction notice may only be given for the purpose of the “Sustainability Objective” (as that term was defined in any CFD to which the direction applies).

(4) A direction notice must specify what amendments a CFD counterparty must effect in relation to which CFDs.

(5) A direction notice may only specify an amendment to a CFD that ensures the sustainability obligations in that CFD have the same effect as the sustainability obligations in the revised standard terms.

(6) A direction notice may specify the date from which any amendment to a CFD must take effect.

(7) The Secretary of State must publish a direction notice.

Textual Amendments

[F46Power to direct a CFD counterparty: CFDs under section 10 of the ActU.K.

19.—(1) This paragraph applies in relation to a CFD entered into by virtue of a direction given under section 10(1) of the Act after the date on which this regulation comes into force.

(2) The Secretary of State may give a notice (“a regulation 19 direction notice”) to a CFD counterparty that requires the CFD counterparty to implement amendments relating to the sustainability obligations in a CFD of the sort described in paragraph (1).

(3) But the Secretary of State may not give a regulation 19 direction notice if the Secretary of State is of the opinion that the amendments would reduce or undermine sustainability obligations in a CFD to which the notice applies.

(4) A regulation 19 direction notice must specify—

(a)the amendments the CFD counterparty must effect,

(b)the CFDs in relation to which the amendments must be made, and

(c)the date by which the amendments must take effect.

(5) The Secretary of State must publish a regulation 19 direction notice.]]

Textual Amendments

Amber Rudd

Parliamentary Under-Secretary of State

Department of Energy and Climate Change

31st July 2014

Regulation 14

SCHEDULEU.K.Documents

1.  The provisions of this Schedule apply to a document, which includes an application, notice or statement.U.K.

Commencement Information

I16Sch. para. 1 in force at 1.8.2014, see reg. 1

2.  A document must be in writing and dated.U.K.

Commencement Information

I17Sch. para. 2 in force at 1.8.2014, see reg. 1

3.  A document given to a person on a non-working day is to be treated as given on the next following working day.U.K.

Commencement Information

I18Sch. para. 3 in force at 1.8.2014, see reg. 1

4.  A document may be given to a person by—U.K.

(a)delivering it to that person in person;

(b)leaving it at that person’s proper address;

(c)sending it by post or fax to that person’s proper address;

(d)sending it by email to that person; or

(e)submitting it by means of a dedicated portal on that person’s website.

Commencement Information

I19Sch. para. 4 in force at 1.8.2014, see reg. 1

5.  For the purposes of paragraph 4(a) a document is given to—U.K.

(a)a body corporate, where it is given to a person having control or management of that body;

(b)a partnership, where it is given to a partner or a person having control or management of the partnership business;

(c)an unincorporated association, where it is given to a person having management responsibilities in respect of the association.

Commencement Information

I20Sch. para. 5 in force at 1.8.2014, see reg. 1

6.  For the purposes of paragraph 4(d), a document is given to—U.K.

(a)a body corporate, where it is sent to an email address of—

(i)the body corporate; or

(ii)a person having control or management of that body,

where that address is supplied by that body for the conduct of the affairs of that body;

(b)a partnership, where it is sent to an email address of—

(i)the partnership; or

(ii)a partner or a person having control or management of the partnership business,

where that address is supplied by that partnership for the conduct of the affairs of that partnership;

(c)an unincorporated association, where it is sent to an email address of a person having management responsibilities in respect of the association, where that address is supplied by that association for the conduct of the affairs of that association.

Commencement Information

I21Sch. para. 6 in force at 1.8.2014, see reg. 1

7.  A person may, in substitution for the proper address which would otherwise apply, specify an address in the United Kingdom at which that person or someone on that person’s behalf may be given documents, which address is to be treated instead as that person’s proper address.U.K.

Commencement Information

I22Sch. para. 7 in force at 1.8.2014, see reg. 1

8.  In this Schedule—U.K.

“dedicated portal” means a facility on a person’s website which is established to allow electronic communication with that person;

“proper address” means in the case of—

(a)

a body corporate, the registered office (if it is in the United Kingdom) or the principal office of that body in the United Kingdom;

(b)

a partnership, the principal office of the partnership in the United Kingdom;

(c)

any other person, that person’s last known address, which includes an email address.

Commencement Information

I23Sch. para. 8 in force at 1.8.2014, see reg. 1

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made further to chapters 2 and 9 of Part 2 of the Energy Act 2013 (c. 32)(“the Act”). Parts 2 and 3 of these Regulations apply to contracts for difference (see section 6(2) of the Act, and where such a contract is referred to as a CFD). Part 4 applies in respect of certain functions of the national system operator acting as the delivery body under Part 2 of the Act.

Regulation 2 includes definitions used in these Regulations.

Part 2U.K.

Regulation 3 provides that the Secretary of State may require information from the delivery body (defined in regulation 2) in relation to strike prices. Regulation 4 provides that a notice must be given to the delivery body by the Secretary of State setting out the information required and that a progress report must be given to the Secretary of State in respect of the provision of the information required. By regulation 5, the requirement to provide the information required or a progress report, is treated as a relevant requirement as provided in section 25 of the Electricity Act 1989 (c. 29).

By regulation 6, where the delivery body is required to provide information to the Secretary of State and to comply the delivery body needs to obtain information from a CFD counterparty (see section 6(3) of the Act), the delivery body may require information from a CFD counterparty. The requirement on a CFD counterparty to provide the information is treated as a relevant requirement as provided in section 25 of the Electricity Act 1989.

Regulation 7 allows the delivery body also to require information to be provided to it by an eligible generator who is a party to a CFD if the delivery body has not been able to provide that information to the delivery body. The requirement on such a generator is treated as a relevant requirement as provided in section 25 of the Electricity Act 1989.

Regulation 8 contains provisions requiring the delivery body, where it is not the national system operator, to keep confidential the information which it obtains from a generator under regulation 7. That requirement is treated as a relevant requirement as provided in section 25 of the Electricity Act 1989.

Part 3U.K.

Regulation 9 provides that an eligible generator may apply to the Secretary of State for a statement (“a supply chain statement”) that to establish or alter a generating station identified in the application is likely to make a material contribution to the development of supply chains, i.e. the chains of suppliers of goods or services in relation to the construction, alteration, maintenance or operation of generating stations.

Regulation 10 provides for the contents of applications and whether the applicant intends to make an application for a CFD in the first allocation round established further to the Contracts for Difference (Allocation) Regulations 2014 (“the Allocation Regulations”).

By regulation 11, except where regulation 12 applies, the Secretary of State must by notice give a supply chain statement in response to an application or refuse the application. Where a statement is given, the notice must include the period for which the statement has validity.

By regulation 12, the Secretary of State may determine that supply chain statements will not be provided in relation to applications for CFDs under the first allocation round established further to the Allocation Regulations. Such a determination must be published.

Regulation 13 contains provisions requiring the Secretary of State to keep confidential information which is obtained further to an application made under regulation 9. By regulation 14, the Schedule is given effect, except in respect of Part 4.

Part 4U.K.

Regulation 15 provides for restrictions on liability for damages by the national system operator and persons connected with it.

ScheduleU.K.

The Schedule provides that documents must be in writing and dated and provides for the methods by which a person may give a document to another person.

A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Department of Energy and Climate Change at 3 Whitehall Place, London, SW1A 2AW and is published with the Explanatory Memorandum alongside this instrument on www.legislation.gov.uk.