The following Energy practice note provides comprehensive and up to date legal information covering:
The Capacity Market has been implemented by government to ensure there is sufficient commitment/investment by the private sector in providing reliable electricity capacity, so as to ensure ongoing sufficient electricity supplies in Great Britain.
Following lengthy consultation, the Capacity Market was implemented pursuant to powers in the Energy Act 2013 (EA 2013). As set out in more detail below, the primary implementing legislation of the Capacity Market is the Electricity Capacity Regulations 2014 (Capacity Regulations), SI 2014/2043 (as amended).
However, in addition to the Capacity Regulations, EA 2013, s 34:
provides government (by way of the Secretary of State) with the power to make and amend ‘Capacity Market Rules’ to supplement provisions made under regulation, and
also allows the government to allow the Office of Gas and Electricity Markets (Ofgem) to make/amend Capacity Market Rules. The government provided this power to Ofgem by way of Capacity Regulations, SI 2014/2043, reg 77
In practice, this has led to one set of Capacity Market Rules being made. With government making the original version, which came into force on 1 August 2014, and subsequent amendments being made variously by government and Ofgem.
The table below provides links to the current set of Capacity Market Rules and all historic amendments. Note that consolidated versions of the Capacity Market Rules are not always produced when
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