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| Clause 7, page 6, line 29, leave out ‘obligations’ and insert ‘liabilities’. |
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| Clause 8, page 6, line 39, at end insert— |
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| | ‘(1A) | A CFD counterparty must exercise the functions conferred by or by virtue of this |
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| | Chapter to ensure that it can meet its liabilities under any CFD to which it is a |
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| Clause 9, page 7, line 13, at end insert— |
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| | ‘(2A) | In subsection (2)(a) “costs” means costs in connection with the performance of |
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| | any function conferred by or by virtue of this Chapter.’. |
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| Clause 9, page 7, line 39, at end insert— |
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| | ‘(7A) | A CFD counterparty may recover from an electricity supplier, as a civil debt due |
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| | (a) | the electricity supplier is required by virtue of regulations to pay to the |
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| | (b) | has not been paid by the date on which it is required by virtue of |
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| | regulations to be paid.’. |
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| Clause 10, page 8, line 28, at end insert— |
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| | ‘(10) | A direction may not be given under this section to a fossil fuel or renewable |
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| | energy plant with a rated capacity of 15MW or greater that use any biomass |
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| | (a) | a qualifying combined heat and power generating station; or |
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| | (b) | an operational carbon capture and storage plant.’. |
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| Clause 11, page 8, line 31, at end insert— |
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| | ‘(1A) | Provision made by virtue of this section may— |
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| | (a) | include provision for a CFD counterparty to calculate or determine, in |
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| | accordance with such criteria as may be provided for by or under the |
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| | regulations, amounts which are owed by the CFD counterparty; |
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| | (b) | provide for anything which is to be calculated or determined under the |
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| | regulations to be calculated or determined by such persons, in accordance |
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| | with such procedure and by reference to such matters and to the opinion |
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| | of such persons, as may be specified in the regulations.’. |
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| Clause 11, page 8, line 37, at end insert— |
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| | ‘(3) | Payments offered under a contract for difference relating to the supply of |
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| | electricity generated by nuclear power must not exceed payments offered under |
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| | any contract for the supply of electricity from renewable sources. |
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| | (4) | For the purposes of subsection (3)— |
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| | (a) | the calculation of payments must include both the strike price and the |
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| | duration of the contract; |
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| | (b) | renewable sources are defined in accordance with Article 2 of Directive |
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| | 2009/28/EC of the European Parliament and of the Council of 23 April |
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| | 2009 on the promotion of the use of energy from renewable sources.’. |
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| Clause 12, page 9, line 2, leave out ‘obligations’ and insert ‘its liabilities’. |
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| Clause 12, page 9, line 4, leave out ‘obligations’ and insert ‘its liabilities’. |
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| Clause 12, page 9, line 4, at end insert— |
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| | ‘(2A) | In making provision by virtue of subsection (1) the Secretary of State must have |
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| | regard to the principle that sums should be apportioned in proportion to the |
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| | amounts which are owed.’. |
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| Clause 15, page 10, line 21, at end insert— |
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| | ‘(3) | Regulations must include such provision as the Secretary of State considers |
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| | necessary to ensure that a CFD counterparty can meet its liabilities under any |
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| | CFD to which it is a party.’. |
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| Clause 17, page 11, line 6, at end insert— |
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| | ‘(2A) | In determining for the purposes of an order under subsection (1) whether the |
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| | maximum cost provided for by the order has been reached, or a cost greater than |
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| | that maximum would be incurred, a cost is to be taken into account if, and only |
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| | if, it has been incurred, or is to be incurred, in connection with low carbon |
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| | (2B) | The Secretary of State may give a direction suspending the effect of an order |
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| | under subsection (1) for such period, and in relation to costs of such description, |
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| | as are specified in the direction. |
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| | (2C) | Before giving a direction under subsection (2B) the Secretary of State must |
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| | consult such persons as the Secretary of State thinks appropriate.’. |
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| Clause 18, page 11, line 33, at end insert— |
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| | ‘(i) | All consumers of electricity upon whom the costs of the regulations will |
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| Clause 18, page 11, line 35, at end insert— |
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| | ‘(3) | Before making regulations under this Chapter which relate to nuclear electricity |
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| | generation, the Secretary of State must ask the National Audit Office to carry out |
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| | an examination of and produce a report on whether the terms of the contract for |
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| | difference offer value for money. |
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| | (4) | The Secretary of State may ask the National Audit Office to carry out an |
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| | examination and produce a report on the terms of a contract relating to non- |
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| | (5) | The National Audit Office report and recommendations must be published one |
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| | month before a contract is laid before Parliament.’. |
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| Clause 21, page 12, line 40, at end insert ‘capacity may be secured by capacity |
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| auctions or by the establishment of a strategic reserve or by other means’. |
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| Clause 22, page 13, line 15, after ‘agreement’ insert, ‘is a public document to be |
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| made available, together with all related documents, by the Secretary of State and the |
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| parties to the agreement; and’. |
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| Clause 22, page 13, line 19, leave out ‘to or’. |
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| Clause 22, page 13, line 21, leave out ‘to or’. |
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| Clause 22, page 13, line 21, at end insert— |
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| | ‘(2A) | Electricity capacity regulations may not make provision in respect of fossil fuel |
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| | (2B) | For the purposes of subsection (2A) “fossil fuel plant” means an electricity |
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| | generating station which satisfies the conditions in Chapter 8, Section 42(4)(b).’. |
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| Clause 22, page 13, line 23, at end insert— |
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| | ‘(3A) | Capacity agreements may not be made in respect of nuclear electricity |
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| Clause 22, page 14, line 6, at end insert— |
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| | ‘(e) | conferring on the Secretary of State the power by regulation to introduce |
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| | a system of strategic reserve of supply; and |
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| | (f) | conferring on The Secretary of State by regulation the power to designate |
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| | a nominated person to hold and manage the Strategic Reserve on his |
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| | behalf (“the Strategic Reserve Operator”).’. |
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| Clause 22, page 14, line 6, at end insert— |
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| | ‘(5A) | Provision made by virtue of subsection (4)(f) and (g) may— |
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| | (a) | include provision for a settlement body to calculate or determine, in |
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| | accordance with such criteria as may be provided for by or under the |
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| | regulations, amounts which are owed as capacity payments or capacity |
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| | (b) | provide for anything which is to be calculated or determined under the |
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| | regulations to be calculated or determined by such persons, in accordance |
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| | with such procedure and by reference to such matters and to the opinion |
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| | of such persons, as may be specified in the regulations.’. |
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| Clause 22, page 14, line 9, at end add— |
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| | (a) | A person is eligible to be designated as the Strategic Reserve Operator if |
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| | (i) | a company formal and registered under the Companies Act 2006; |
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| | (ii) | a public authority, including any person whose functions are of a |
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| | (b) | The Strategic Reserve Operator must contract with the System Operator |
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| | for the circumstances under which the Strategic Reserve Operator |
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| | supplies power to the System Operator. |
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| | (c) | The Secretary of State must approve the drawing up of any contract |
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| | between the System Operator and the Strategic Reserve Operator and |
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| | may from time to time vary the terms of the contract should |
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| | (d) | The Secretary of State must lay before Parliament a reasoned case for any |
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| | change of content under subsection (5). |
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| | (e) | Strategic Reserve regulations may make provision for payments to be |
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| | made by electricity suppliers or capacity providers to a settlement body |
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| | for the purposes of enabling the body— |
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| | (i) | to meet such descriptions of its costs that the Secretary of State |
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| | (ii) | to hold sums in reserve; |
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| | (iii) | to make payments to the Strategic Reserve Operator for the |
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| | purpose of securing and operating Strategic Reserve capacity.’. |
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| Clause 24, page 15, line 2, at end insert— |
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| | ‘(1A) | In subsection (1)(a) “costs” means costs in connection with the performance of |
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| | any function conferred by or by virtue of this Chapter.’. |
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| Clause 27, page 15, line 40, leave out ‘may’ and insert ‘must’. |
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| Clause 28, page 16, line 19, at end insert ‘or by capacity market rules. |
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| | (1A) | Capacity market rules may make provision about the enforcement of any |
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| | obligation or requirement imposed by the rules.’. |
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| Clause 28, page 16, line 20, after ‘regulations’ insert ‘or in capacity market rules’. |
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| Clause 28, page 16, line 25, after ‘regulations’ insert ‘or under capacity market |
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| Page 23, line 5, leave out Clause 38. |
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| Clause 38, page 23, line 34, at end add— |
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| | ‘(5) | The Secretary of State may not exercise the power under subsection (1) if the |
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| | consequence would be to raise the price of electricity for consumers.’. |
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| Clause 41, page 25, leave out lines 35 to 42. |
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| Clause 41, page 27, leave out lines 9 and 10. |
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| Clause 41, page 27, line 14, before ‘make’, insert ‘and insofar as subsection (12) |
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| Clause 41, page 28, line 17, leave out ‘may’ and insert ‘must, so as to make good |
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| Clause 41, page 29, line 7, leave out ‘(10)’ and insert ‘(9)’. |
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| Clause 41, page 29, line 8, leave out subsection (6). |
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| Clause 41, page 34, leave out from line 8 to end of line 37 on page 35. |
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| Clause 41, page 36, leave out from line 1 to end of line 46. |
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| Clause 41, page 36, line 5, leave out ‘the costs’ and insert ‘the publicly |
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| Clause 41, page 36, line 8, leave out ‘the income’ and insert ‘the publicly |
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| Clause 41, page 36, line 24, at end insert— |
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| | ‘(g) | the costs to consumers’. |
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| Clause 41, page 37, leave out lines 18 and 19. |
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