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Statutory Instruments

2015 No. 1425

Electricity

The Contracts for Difference (Standard Terms) (Amendment) Regulations 2015

Made

23rd June 2015

Laid before Parliament

29th June 2015

Coming into force

20th July 2015

The Secretary of State has before making these Regulations—

(a) consulted the persons listed in section 24(1)(a) to (g) of the Energy Act 2013( 1 ) and such other persons as the Secretary of State considered it appropriate to consult; and

(b) had regard to the matters in section 5(2) of that Act.

The Secretary of State, in exercise of the powers conferred by sections 6(1), 11(3), 14(2)(a) and 19(1) of the Energy Act 2013, makes the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Contracts for Difference (Standard Terms) (Amendment) Regulations 2015 and come into force on 20th July 2015.

Amendment of the Contracts for Difference (Standard Terms) Regulations 2014

2. —(1)Regulation 3 (provision to be included in standard terms) of the Contracts for Difference (Standard Terms) Regulations 2014( 2 ) is amended as follows.

(2) Renumber regulation 3 as paragraph (1) of that regulation.

(3) In paragraph (1)(a), after “the difference between the strike price and the reference price”, insert “, except during a period of negative pricing”.

(4) After paragraph (1) insert—

(2) In paragraph (1)(a), “period of negative pricing”, in relation to a CFD, means a period determined under the CFD in which a market price of electricity is less than £0. .

3. —(1)Regulation 9 (preparation of a CFD) of the Contracts for Difference (Standard Terms) Regulations 2014 is amended as follows.

(2) After paragraph (2), insert—

(2A) The Secretary of State may issue a replacement notice (a “replacement CFD standard terms notice”)—

(a) for the purpose of correcting an error in the CFD standard terms notice;

(b) for the purpose of updating a reference in the CFD standard terms notice to a version of the standard terms which has been superseded by revised standard terms issued in accordance with section 11(2) of the Act.

(2B) A replacement CFD standard terms notice may not be issued later than 20 working days before the commencement date stated in the allocation round notice.

(2C) A replacement CFD standard terms notice must be published on the CFD counterparty’s website as soon as reasonably practicable after it is received. .

(3) In paragraph (3)(a), after “notice” insert “or any replacement CFD standard terms notice”.

Andrea Leadsom

Minister of State

Department of Energy and Climate Change

23rd June 2015

( 1 )

2013 c.32 .

( 3 )

EU Commission State aid decision SA.36196 (2014/N).

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Contracts for Difference (Standard Terms) (Amendment) Regulations 2015 (2015/1425)

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