| Guvnor

Enforced by: Ofgem
Status: In Force
Penalty ceiling: Regulated

Does it bind you?

Business-side roles with duties under this instrument.

Any Person29 Trader12 Distributor1

Plus 31 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

Distributor — also bound by 182 other Acts

UK REACH Regulation (retained EU law) 44 duties

The Marketing of Fruit Plant and Propagating Material (England) Regulations 2017 28 duties

The Marketing of Fruit Plant and Propagating Material (Wales) Regulations 2017 26 duties

The Marketing of Fruit Plant and Propagating Material Regulations (Northern Ireland) 2017 25 duties

Electricity Safety, Quality and Continuity Regulations 2002 21 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

Introduction

1 of 6 sections shown

s.005 “Demand side response CMU” Regulated

Meet eligibility and control requirements for Demand Side Response (DSR)Any Person
Provide and manage demand‑side response capacity in the Capacity MarketAny Person

5 other sections in this Part — procedural and definitional

s.001 Citation and commencement

s.002 Interpretation

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

s.004 “Generating CMU”

s."interconnector cmu" "Interconnector CMU"

Part 2

Reliability standard

0 of 1 section shown

1 other section in this Part — procedural and definitional

s.006 Reliability standard

Part 3

Electricity capacity reports

2 of 3 sections shown

s.007 Annual electricity capacity report Regulated

Other duties (1) — Crown / regulator

National Grid must produce and submit an annual electricity capacity reportStatutory regulator

s.008 Electricity capacity reports: supplementary Regulated

Other duties (1) — Crown / regulator

National Grid must prepare and publish electricity capacity reportsStatutory regulator

1 other section in this Part — procedural and definitional

s.009 Information, directions, and assumptions

Part 4

Capacity auctions

7 of 21 sections shown

s.015 General eligibility criteria Regulated

Ensure your capacity unit meets eligibility for capacity auctionsAny Person

Other duties (1) — Crown / regulator

Delivery Body must only qualify eligible projects for capacity auctionsStatutory regulator

s.020 General duty of Delivery Body Regulated

Exercise capacity market functions in line with regulationsAny Person

Other duties (1) — Crown / regulator

National Grid must perform duties to run the Capacity MarketStatutory regulator

s.021 Auction guidelines Regulated

Other duties (1) — Crown / regulator

Delivery Body must publish capacity auction guidelines and timetablesStatutory regulator

s.022 Determination of eligibility Regulated

Other duties (1) — Crown / regulator

Delivery Body must determine Capacity Market eligibility and notify applicantsStatutory regulator

s.024 Holding the capacity auction Regulated

Other duties (1) — Crown / regulator

Delivery Body must hold capacity auction on the specified date and follow market rulesStatutory regulator

s.025 Notification of results Regulated

Notify and publish capacity auction results promptlyAny Person

Other duties (1) — Crown / regulator

Delivery Body must notify and publish capacity auction resultsStatutory regulator

s.026 Cancellation, postponement or stopping of capacity auction Regulated

Other duties (1) — Crown / regulator

Secretary of State must provide reasons for auction cancellation or delayCrown / Minister / Government department

14 other sections in this Part — procedural and definitional

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.023 Notifying prequalification results to the Secretary of State

s.027 Power to annul capacity auction

s.028 Rearranged capacity auctions

s.029 DSR transitional auctions

s.second dsr transitional auction Second DSR transitional auction

Part 5

Capacity agreements, capacity market register and termination

3 of 9 sections shown

s.031 Capacity market register Regulated

Other duties (1) — Crown / regulator

Delivery Body must maintain the Capacity Market RegisterStatutory regulator

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

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

Other duties (1) — Crown / regulator

National Grid must terminate Capacity Agreements for CFD or ROO conversionsStatutory regulator

s.035 Null and void capacity agreements Regulated

Other duties (1) — Crown / regulator

Delivery Body must notify providers of void capacity agreementsStatutory regulator

6 other sections in this Part — procedural and definitional

s.030 Capacity agreements

s.032 Termination fee rates

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

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

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

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

Part 6

Payments

15 of 22 sections shown

s.037 Data default notices Regulated

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

Other duties (1) — Crown / regulator

Settlement Body must issue a data default notice if requirements are missedStatutory regulator

s.038 Invoices and credit notes: general Regulated

Provide an email address for receiving invoices and credit notesDistributor
Provide an electronic address for invoices and credit notesTrader

s.040 Capacity payments Regulated

Keep records of your monthly capacity commitments for paymentAny Person

Other duties (1) — Crown / regulator

Settlement Body must calculate and issue monthly capacity paymentsStatutory regulator

s.041 Capacity provider penalty charges Regulated

Pay capacity provider penalty charges for under-deliveryAny Person
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
Pay non-completion fees for new build interconnector projectsAny Person

s.043 Repayment of capacity payments: termination Regulated

Repay capacity payments if your agreement is terminatedAny Person

s.043 Repayment of capacity payments: metering fault Regulated

Repay capacity payments if a metering or DSR test certificate is found invalidAny Person
Repay capacity payments if metering test is invalidTrader

s.043 Termination fees Regulated

Pay termination fee if capacity agreement is terminated on specified groundsTrader
Pay termination fees if your capacity agreement is cancelledAny Person

s.046 Payment of invoices and accruing interest Regulated

Pay invoices on time and calculate late payment interestAny Person
Pay invoices on time and pay statutory late interestTrader

s.047 The non-payment register Regulated

Other duties (1) — Crown / regulator

Settlement Body must maintain and publish a non-payment registerStatutory regulator

s.048 Payment of credit notes Regulated

Pay capacity‑provider credit notes within 33 working daysAny Person

Other duties (1) — Crown / regulator

Settlement Body must pay credit notes to capacity providersStatutory regulator

s.049 Reducing capacity payments: offsetting relevant expenditure Regulated

Pay invoice for outstanding relevant expenditure/benefitTrader
Repay or offset grants and subsidies against capacity paymentsAny Person

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

Other duties (1) — Crown / regulator

Settlement Body must deduct unpaid penalties from capacity paymentsStatutory regulator

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

Demonstrate satisfactory performance to receive Capacity Market paymentsAny Person
Meet performance requirements to avoid payment reductionsTrader

s.051 Withholding credit payments to capacity providers Regulated

Other duties (1) — Crown / regulator

Settlement Body must withhold payments if you are in default or insolventStatutory regulator

7 other sections in this Part — procedural and definitional

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.052 Payment of withheld credit

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

Part 7

Credit cover

6 of 10 sections shown

s.054 Credit cover: requirements Regulated

Provide and maintain valid credit coverAny Person
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

Other duties (1) — Crown / regulator

Settlement Body must notify you of credit cover approval decisionsStatutory regulator

s.056 Maintenance of credit cover Regulated

Maintain and update credit cover for the Capacity MarketAny Person
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
Replace credit cover if your bank is downgradedAny Person

s.060 Credit obligation period Regulated

Maintain credit cover for Capacity Market UnitsAny Person

s.061 Draw down of applicant credit cover Regulated

Withdraw applicant credit cover when requiredAny Person

Other duties (1) — Crown / regulator

Settlement Body must draw down credit cover for non-complianceStatutory regulator

4 other sections in this Part — procedural and definitional

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

Part 8

Information

2 of 4 sections shown

s.064 Limitation on duty to provide information Regulated

Keep privileged legal communications confidentialAny Person

Other duties (1) — Crown / regulator

Ofgem cannot compel you to provide legally privileged informationStatutory regulator

s.065 Protection of information Regulated

Protect and restrict the use of Capacity Market informationTrader
Protect confidential capacity market informationAny Person

2 other sections in this Part — procedural and definitional

s.063 Duties to provide information

s.066 Disclosure of information under capacity market rules

Part 9

Enforcement

1 of 1 section shown

s.067 Relevant requirements Regulated

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

Other duties (1) — Crown / regulator

Ofgem must enforce Capacity Market and information requirementsStatutory regulator

Part 10

Dispute resolution and appeals

4 of 9 sections shown

s.071 Determination of appeal by the Authority Regulated

Other duties (1) — Crown / regulator

Ofgem must determine appeals against Capacity Market decisionsStatutory regulator

s.073 Consequences of successful review or appeal Regulated

Respond to a capacity agreement offer within 5 working daysAny Person

Other duties (1) — Crown / regulator

Delivery Body must update register and notify you after a successful appealStatutory regulator

s.075 Disputes notice Regulated

Send a disputes notice within 28 days of receiving a calculationAny Person
Submit a disputes notice if you disagree with a calculation or decisionAny Person

s.076 Determination of disputes Regulated

Other duties (1) — Crown / regulator

Settlement Body must determine capacity market disputes within 28 daysTribunal / Court

5 other sections in this Part — procedural and definitional

s.068 Delivery body reviewable decisions

s.069 Requesting reconsideration by the Delivery Body

s.070 Appeals to the Authority

s.072 Appeals to the court

s.074 Disputes

Part 11

Capacity market rules

2 of 3 sections shown

s.078 Objectives Regulated

Other duties (1) — Crown / regulator

Ofgem must apply core objectives when making Capacity Market rulesStatutory regulator

s.079 Procedure Regulated

Other duties (1) — Crown / regulator

Ofgem must consult stakeholders before making or amending Capacity Market rulesStatutory regulator

1 other section in this Part — procedural and definitional

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

Part 12

Other functions of the administrative parties

4 of 5 sections shown

s.081 Review by Secretary of State Regulated

Other duties (1) — Crown / regulator

Secretary of State must review Electricity Capacity Regulations every five yearsCrown / Minister / Government department

s.082 Review of capacity market rules Regulated

Other duties (1) — Crown / regulator

Ofgem and Secretary of State must review and report on capacity market rulesStatutory regulator

s.083 Annual operational reports Regulated

Other duties (1) — Crown / regulator

Ofgem must publish annual reports on the Capacity MarketStatutory regulator

s.084 Settlement Body's annual report Regulated

Other duties (1) — Crown / regulator

Tribunal must confirm or cancel designation on appealTribunal / Court

1 other section in this Part — procedural and definitional

s.080 Appointment of Settlement Body

Part 13

Miscellaneous

0 of 2 sections shown

2 other sections in this Part — procedural and definitional

s.085 Restricted liability in damages

s.086 Documents

Part 14

Transitory provisions and repeal

0 of 5 sections shown

5 other sections in this Part — procedural and definitional

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

s.088 Repeal

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

Schedules

0 of 19 shown

19 other schedules

s.002 Documents

s.sch001 Interpretation

s.sch001 Weighting factor

s.sch001 Capacity payments: calculations to be made annually for each capacity committed CMU

s.sch001 Capacity payments: calculations to be made monthly for each capacity provider

s.sch001 Capacity provider penalty charges: calculation of settlement period penalty applying to a capacity committed CMU

s.sch001 Capacity provider penalty charges: calculation of monthly penalty charge for a capacity committed CMU

s.sch001 Capacity provider penalty charges: apportionment

s.sch001 Over-delivery payments

s.sch001 Apportionment between capacity providers

s.sch001 Settlement costs levy: the first levy period

s.sch002 The provisions of this Schedule— (a) apply to a document,...

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...

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

The Electricity Capacity Regulations 2014

Does it bind you?

Other Acts binding the same actors

What it requires

Introduction

Reliability standard

Electricity capacity reports

Capacity auctions

Capacity agreements, capacity market register and termination

Payments

Credit cover

Information

Enforcement

Dispute resolution and appeals

Capacity market rules

Other functions of the administrative parties

Miscellaneous

Transitory provisions and repeal

Schedules