The following Energy practice note provides comprehensive and up to date legal information covering:
The Capacity Market (CM) is there to ensure there is sufficient investment in the overall level of reliable capacity necessary to provide secure electricity supplies. The CM works by giving capacity providers a regular retainer in return for such providers agreeing to provide capacity when the system is tight, as an insurance policy against future black outs. For more information on the CM, see Practice Note: Capacity Market—key features.
The CM is one of the key mechanisms used by the government to introduce electricity market reform (EMR) (see Practice Note: Electricity Market Reform (EMR)).
This CM tracker provides chronological displays of the current status and most recent developments in relation to the CM since February 2015, covering all consultations, regulatory guidance publications and key amendments to the CM legislation and the Capacity Market Rules.
For a dedicated Practice Note exclusively on the Capacity Market Rules (CM Rules), including links to the current version of the CM Rules and all historic amendments and consolidated versions of the CM Rules see Practice Note: The Capacity Market Rules.
On 15 November 2018 payments under the CM and future CM support were suspended. This came as a result of the General Court issuing its judgment in Case T-793/14 Tempus Energy Ltd and Tempus Energy Technology Ltd v Commission (Tempus Judgment), annulling the Commission’s decision of 23 July 2014 which found that the aid scheme establishing a capacity market in
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
BREXIT: As of exit day (31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance on
The roles of nominated officer and money laundering reporting officerA nominated officer is an individual who is nominated by a firm to receive disclosures under Part 7 of the Proceeds of Crime Act 2002 (POCA 2002) or Part III of the Terrorism Act 2000 (TA 2000)—see Requirement to appoint a
Deceit—what is it?A deceit occurs when a misrepresentation is made with the express intention of defrauding a party, subsequently causing loss to that party.The elements of a claim in deceit are:•a clear false representation of fact or law•fraud by the maker, in the sense that they knew that the
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners dealing with provisions in the CPR relevant to cross border matters, including CPR 5.4C (discussed below). For guidance on the impact of Brexit on the CPR, see Cross border
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.