Commentary on Sections Part 2: Electricity Market Reform Chapter 3: Capacity Market Section 36: Enforcement and dispute resolution
163.This section enables the Secretary of State to make provision in electricity capacity regulations and capacity market rules about enforcement and the resolution of disputes, including conferring functions on any public body or any other person.
164.Subsection (1) enables electricity capacity regulations to include provision about enforcement of obligations contained either in the regulations or in capacity market rules, while subsection (2) only permits capacity market rules to make provision about the enforcement of obligations contained within the rules.
165.Subsection (4) clarifies that such provision can include powers to impose financial penalties, provision for requirements imposed by the regulations or rules to be enforceable by the Authority using the enforcement regime set out in the Electricity Act 1989, for reference to arbitration and for appeals.