Commentary on Sections Part 2: Electricity Market Reform Chapter 3: Capacity Market Section 41: Capacity market rules: procedure
179.This section describes the procedures which must be followed in making capacity market rules. Subsections (1) to (6) specify that the first set of rules must be laid in draft before both Houses of Parliament for 40 days, and is subject to the negative procedure. Subsection (9) specifies that subsequent capacity market rules or amendments must be laid before Parliament and published as soon as is reasonably practicable after they are made.
180.Subsection (7) specifies that the Secretary of State must consult certain persons prior to making capacity market rules: the Authority; any licence holder under section 6(1)(d) of the Electricity Act 1989; any capacity provider; and any other person the Secretary of State considers it appropriate to consult. Subsection (8) allows consultation undertaken before or after the passing of the Energy Act 2013, to count towards the duty in subsection (7) when making capacity market rules.