PRACTICE NOTES
Single Electricity Market (Ireland and Northern Ireland) Capacity Remuneration Mechanism: legal framework, auctions, reliability options, payments, strike price, settlement, governance, Brexit/assimilated law, secondary trading and reporting
What is the impact of Brexit on the Ireland Capacity Remuneration Mechanism?
At 11 pm (GMT) on 31 December 2020, the Brexit transition/implementation period that followed the UK’s exit from the EU closed. From that moment—termed ‘IP completion day’ in UK legislation—transitional measures ceased and notable shifts started to apply across the UK legal framework. Any amendments pertinent to this material will be highlighted below. On IP completion day, the European Union (Withdrawal) Act 2018 (EU(W)A 2018) introduced a distinct strand of domestic law—retained EU Law (REUL)—comprising EU-derived rights and legislation kept in force in the UK after Brexit. On 29 June 2023, the Retained EU Law (Revocation and Reform) Act 2023 (REUL(RR)A 2023) received Royal Assent. REUL(RR)A 2023 alters how REUL is handled by:
revoking large tranches of REUL from 31 December 2023
re-naming REUL as ‘assimilated law’ from 1 January 2024
conferring new powers concerning assimilated law
The shift in labelling from REUL (and related terminology) to assimilated law signifies a change in its standing and treatment within UK law, such that it is generally to be treated differently under domestic law as to status, effect, and approach over time within the UK including future review and amendment...
Energy