The following Energy Q&A provides comprehensive and up to date legal information covering:
In answering this Q&A, research has been limited to cover the Capacity Market Rules 2014 (CM Rules) (including amendments effective as at today’s date) and the provisions of the electricity and any relevant provisions of the Electricity Capacity Regulations 2014 (as amended) (CM Regulations). See here for the CM Rules: Capacity Market Rules and here for the CM Regulations: Electricity Capacity Regulations 2014, SI 2014/2043. We have also reviewed the National Grid (NG) Capacity Market Auction User Guides, Auction Guidelines, and Capacity Auction Bidding Company and Authorised Individual Management Guidelines (all available through the NG EMR Delivery Body webpage), in respect of recent auctions, along with current and historic Capacity Market ‘FAQ’ documents issued by government (August/December 2014 and November 2016).
The CM Rules and CM Regulations do not appear to allow for a CMU change of ownership between prequalification and the award of a capacity agreement. This is most clearly set out at CM Regulations, SI 2014
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This Practice Note discusses the common law doctrine of privity of contract; the equitable and statutory exceptions to it; how the doctrine affects enforcing a contract against a third party and what happens when, notwithstanding the lack of privity, a contract has an indirect effect on a third
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