| Guvnor

Enforced by: Ofgem, DESNZ
Status: In Force
Penalty ceiling: Prosecution 1 of 37 obligations carry an unlimited fine. 36 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person21 Trader13

Plus 3 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts

Human Medicines Regulations 2012 184 duties

Merchant Shipping Act 1995 144 duties

Insolvency (England and Wales) Rules 2016 104 duties

Communications Act 2003 92 duties

Road Traffic Act 1988 92 duties

Trader — also bound by 825 other Acts

Value Added Tax Regulations 1995 416 duties

Companies Act 2006 243 duties

The Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 133 duties

Companies Act 1985 85 duties

Insolvency (England and Wales) Rules 2016 62 duties

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

0 of 2 sections shown

2 other sections in this Part — procedural and definitional

s.001 Citation, commencement and extent

s.002 Interpretation

Part 2

Allocation rounds and allocation frameworks

0 of 9 sections shown

9 other sections in this Part — procedural and definitional

s.003 Notices

s.004 Establishing allocation rounds

s.004 Establishing application windows

s.005 Varying and terminating allocation rounds

s.005 Varying application windows

s.006 Allocation frameworks

s.007 Framework notices

s.008 Framework revisions

s.009 Publication of allocation frameworks

Part 3

Budgets applicable to allocation rounds

0 of 8 sections shown

8 other sections in this Part — procedural and definitional

s.010 Application

s.010 Price and pot notices

s.010 Estimated budget notices

s.011 Contract budget notices

s.012 Contract budget revision

s.013 Contract budget revision notices

s.013 Sustainable industry reward budgets

s.013 Publication

Part 4

Applications for CFDs

1 of 28 sections shown

s.014 Temporary site exclusions and exemption certificates Regulated

Do not apply for a CFD on an excluded site in the next two allocation roundsAny Person

27 other sections in this Part — procedural and definitional

s.014 Excluded applications

s.014 Grounds for granting exemption certificates

s.014 Requests for exemption certificates

s.014 Register of sites to which a temporary site exclusion applies

s.014 Excluded applications: decommissioning

s.015 Commencement of application windows

s.016 Applications

s.017 Determinations: qualifying applicants

s.018 Information to be provided by the Authority

s.019 Notices of determinations

s.020 Reviews of non-qualification determinations

s.021 Additional applications

s.022 Requirements of applications

s.023 Requirement for applicable planning consents

s.024 Applicable planning consents

s.025 Connection agreements

s.026 Statements in relation to supply chains

s.027 Offshore CFD units

s.027 Remote island wind units

s.027 Statements in relation to sustainable industry rewards

s.027 Floating offshore wind CFD units

s.028 Supplemental requirements

s.028 Sustainable industry reward application

s.028 Particulars of sustainable industry reward application

s.028 Providing sustainable industry reward statement or refusing application

s.028 Confidentiality: sustainable industry reward applications

s.028 Revision or withdrawal of sustainable industry reward statement

Part 5

Contract allocation processes

0 of 12 sections shown

12 other sections in this Part — procedural and definitional

s.029 Valuation of applications

s.030 Requirements applicable to contract allocation frameworks

s.031 Non-qualification review and appeal deadline dates

s.032 Notices of requests for review or appeal

s.033 Commencement of the contract allocation process

s.034 Delay to the commencement of contract allocation processes

s.035 Completion of the contract allocation process

s.036 Auditing

s.037 Provision of audit report to the Secretary of State

s.038 Proceeding, re-running a contract allocation process or terminating an allocation round

s.039 Re-running a contract allocation process

s.040 Delay after completion of contract allocation processes

Part 6

CFD notifications

0 of 3 sections shown

3 other sections in this Part — procedural and definitional

s.041 Application of Part 6

s.042 Timing and content of CFD notifications and notices

s.042 Updating the sustainable industry reward statement

Part 7

0 of 6 sections shown

6 other sections in this Part — procedural and definitional

s.043 Disputes concerning non-qualification determinations: qualification appeals

s.044 Requirements for qualification appeals

s.045 Notification and representations

s.046 Determinations of the Authority

s.047 Appeal to the High Court or Court of Session

s.048 Register of appeals

Part 8

0 of 5 sections shown

5 other sections in this Part — procedural and definitional

s.049 Application of this Part

s.050 Strike price bids

s.051 Successful applications determined by the Authority

s.052 Appeals to the High Court or the Court of Session

s.053 Notices that no CFD notification is given

Part 9

0 of 3 sections shown

3 other sections in this Part — procedural and definitional

s.054 Allocation reports

s.055 Enforcement

s.056 Giving of documents

Part 10

0 of 5 sections shown

5 other sections in this Part — procedural and definitional

s.057 Directions under section 10 of

s.058 Obligation to notify the specified person

s.059 Directions ceasing to have effect

s.060 Publication of contracts

s.061 Interpretation of Part 10

Schedules

0 of 14 shown

14 other schedules

s.002 Documents

s.sch001 The following is the information referred to in regulation 17(4)...

s.sch001 (1) In respect of the applicant— (a) the name of...

s.sch001 In respect of the relevant CFD unit—

s.sch001 (1) A statement by the applicant which states whether or...

s.sch001 Such other information concerning the applicant or the application as...

s.sch002 The provisions of this Schedule apply to a document, which...

s.sch002 A document must be in writing and dated.

s.sch002 A document given to a person on a non-working day...

s.sch002 A document may be given to a person by—

s.sch002 For the purposes of paragraph 4(a) a document is given...

s.sch002 For the purposes of paragraph 4(d), a document is given...

s.sch002 A person may, in substitution for the proper address which...

s.sch002 In this Schedule— “dedicated portal” means a facility on a...

s.005 “Demand side response CMU” Regulated

Provide and manage demand‑side response capacity in the Capacity MarketAny Person

s.015 General eligibility criteria Regulated

Ensure your capacity unit meets eligibility for capacity auctionsAny Person

s.020 General duty of Delivery Body Regulated

Exercise capacity market functions in line with regulationsAny Person

s.025 Notification of results Regulated

Notify and publish capacity auction results promptlyAny Person

s.034 Termination of capacity agreements: CFDs and ROO conversions Regulated

Send a properly signed CFD transfer or ROO conversion notice on timeTrader

s.035 Null and void capacity agreements Regulated

Ensure CMUs meet eligibility criteria before entering capacity agreementsAny Person

s.037 Data default notices Regulated

Notify a capacity provider of data default and revoke when data is suppliedAny Person

s.038 Invoices and credit notes: general Regulated

Provide an electronic address for invoices and credit notesTrader

s.040 Capacity payments Regulated

Keep records of your monthly capacity commitments for paymentAny Person

s.041 Capacity provider penalty charges Regulated

Pay capacity provider penalty charges when invoicedTrader

s.043 Non-completion fee Regulated

Pay non‑completion fee if new interconnector is not finished on timeTrader

s.043 Repayment of capacity payments: termination Regulated

Repay capacity payments if your agreement is terminatedTrader

s.043 Repayment of capacity payments: metering fault Regulated

Repay capacity payments if metering test is invalidTrader

s.043 Termination fees Regulated

Pay termination fee if capacity agreement is terminated on specified groundsTrader

s.046 Payment of invoices and accruing interest Regulated

Pay invoices on time and pay statutory late interestTrader

s.047 The non-payment register Regulated

Pay electricity invoices on time to avoid public naming and shamingAny Person

s.048 Payment of credit notes Regulated

Pay capacity‑provider credit notes within 33 working daysAny Person

s.049 Reducing capacity payments: offsetting relevant expenditure Regulated

Pay invoice for outstanding relevant expenditure/benefitTrader

s.049 Reducing capacity payments: unpaid capacity provider penalty charges Regulated

Settle outstanding penalty charges to receive full capacity paymentsAny Person

s.050 Reducing capacity payments: failure to demonstrate satisfactory performance Regulated

Meet performance requirements to avoid payment reductionsTrader

s.051 Withholding credit payments to capacity providers Regulated

Ensure accurate data and solvency to receive capacity paymentsAny Person

s.052 Payment of withheld credit Regulated

Other duties (1) — Crown / regulator

Settlement Body must pay withheld credits when possibleStatutory regulator

s.054 Credit cover: requirements Regulated

Provide required credit cover in an approved formAny Person

s.055 Approval of credit cover Regulated

Approve or reject credit cover and notify the creditorAny Person

s.056 Maintenance of credit cover Regulated

Maintain required credit cover for CFD contractsTrader

s.057 Downgrade of letter of credit Regulated

Notify downgrade and replace credit cover within 10 working daysTrader

s.060 Credit obligation period Regulated

Maintain credit cover for capacity market unitsTrader

s.061 Draw down of applicant credit cover Regulated

Withdraw applicant credit cover when requiredAny Person

s.064 Limitation on duty to provide information Regulated

Keep privileged legal communications confidentialAny Person

s.065 Protection of information Regulated

Protect confidential capacity market informationAny Person

s.067 Relevant requirements Prosecution

Comply with information duties and other requirements under the CFD regulationsAny Person

Unlimited fine

s.073 Consequences of successful review or appeal Regulated

Respond to a capacity agreement offer within 5 working daysAny Person

s.075 Disputes notice Regulated

Send a disputes notice within 28 days of receiving a calculationAny Person

s.076 Determination of disputes Regulated

Other duties (1) — Crown / regulator

Settlement Body must determine CfD disputes within 28 daysTribunal / Court

s.079 Procedure Regulated

Submit proposals to change Capacity Market rulesAny Person

s.084 Settlement Body's annual report Regulated

Other duties (1) — Crown / regulator

Settlement Body must publish annual report on its functionsCrown / Minister / Government department

64 other provisions

s.001 Citation and commencement

s.003 “Providing electricity”; “reducing demand for electricity”; “electricity supplier”

s.004 “Generating CMU”

s.006 Reliability standard

s.007 Annual electricity capacity report

s.008 Electricity capacity reports: supplementary

s.009 Information, directions, and assumptions

s.010 Determining whether capacity auction is to be held

s.011 Meaning of auction parameters

s.012 Determination of auction parameters by the Secretary of State

s.013 Adjustment of auction parameters following prequalification

s.014 Eligibility to bid in capacity auctions

s.016 Excluded capacity: low carbon support scheme CMUs

s.017 Excluded capacity: NER 300 and CCS grant scheme CMUs

s.018 Excluded capacity: long term STOR CMUs

s.019 Regulations 16 and 17 : interpretation

s.021 Auction guidelines

s.022 Determination of eligibility

s.023 Notifying prequalification results to the Secretary of State

s.024 Holding the capacity auction

s.026 Cancellation, postponement or stopping of capacity auction

s.027 Power to annul capacity auction

s.028 Rearranged capacity auctions

s.029 DSR transitional auctions

s.030 Capacity agreements

s.031 Capacity market register

s.032 Termination fee rates

s.033 Termination of capacity agreements: Secretary of State's discretion

s.036 The settlement calculations

s.039 Determination of adjusted load-following capacity obligation, net output and adjusted net output

s.042 Over-delivery payments

s.044 Settlement costs levy: the first levy period

s.045 General

s.053 Application of this Part and interpretation

s.058 Release of credit cover

s.059 Requirement to provide applicant credit cover

s.062 Effect of non-compliance

s.063 Duties to provide information

s.066 Disclosure of information under capacity market rules

s.068 Delivery body reviewable decisions

s.069 Requesting reconsideration by the Delivery Body

s.070 Appeals to the Authority

s.071 Determination of appeal by the Authority

s.072 Appeals to the court

s.074 Disputes

s.077 Authority's power to make capacity market rules

s.078 Objectives

s.080 Appointment of Settlement Body

s.081 Review by Secretary of State

s.082 Review of capacity market rules

s.083 Annual operational reports

s.085 Restricted liability in damages

s.086 Documents

s.087 Transitory provisions: the first T-4 auction

s.088 Repeal

s."interconnector cmu" "Interconnector CMU"

s.reduction of the duration of capacity agreements: Reduction of the duration of capacity agreements: Secretary of State’s discretion

s.second dsr transitional auction Second DSR transitional auction

s.termination fees: adjustment for dsr providers Termination fees: adjustment for DSR providers

s.termination of capacity agreements: ccs cfds Termination of capacity agreements: CCS CFDs

s.transfer of a capacity agreement Transfer of a capacity agreement

s.transitory provisions: the second t-4 auction Transitory provisions: the second T-4 auction

s.transitory provisions: the t-3 auction Transitory provisions: the T-3 auction

s.transitory provisions: the third t-4 auction and s Transitory provisions: the third T-4 auction and supplementary auction

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1 more guide that reference this instrument

Contracts for Difference (CfD)

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.

The Contracts for Difference (Allocation) Regulations 2014

Does it bind you?

Other Acts binding the same actors

What it requires

Allocation rounds and allocation frameworks

Budgets applicable to allocation rounds

Applications for CFDs

Contract allocation processes

CFD notifications

Schedules

Help complying

Start a renewable energy business