The Contracts for Difference (Allocation) Regulations 2014

Revision or withdrawal of sustainable industry reward statement

28E

• (1) Paragraph (2) applies where the Secretary of State is satisfied that—

• (a) a sustainable industry reward statement contains an error;

• (b) the information included in, or in support of, a sustainable industry reward application was materially incorrect; or

• (c) a material change in circumstances relevant to the matters specified in the sustainable industry reward statement has occurred after that statement was given.

• (2) Where this paragraph applies, the Secretary of State—

• (a) may, subject to paragraph (3), revise the sustainable industry reward statement and, as soon as practicable after doing so, must give a notice to the sustainable industry reward applicant which includes the matters mentioned in regulation 28C(a); or

• (b) may withdraw a sustainable industry reward statement and, as soon as practicable after deciding to do so, must give a notice of the withdrawal to the sustainable industry reward applicant and the delivery body, together with the reasons for the withdrawal.

• (3) Where the Secretary of State revises a sustainable industry reward statement because the Secretary of State is satisfied as specified in paragraph (1)(c), the Secretary of State—

• (a) must not increase the amount of the sustainable industry reward to which the sustainable industry reward applicant may be entitled;

• (b) must not change in a material way the obligations which must be fulfilled by the sustainable industry reward applicant in order to receive a sustainable industry reward; and

• (c) must take into account the competitive nature of the sustainable industry reward allocation process.

Requirements applicable to contract allocation frameworks

Commencement of the contract allocation process

Delay to the commencement of contract allocation processes

Completion of the contract allocation process

Proceeding, re-running a contract allocation process or terminating an allocation round

Re-running a contract allocation process

Delay after completion of contract allocation processes

Excluded applications: decommissioning

14ZA

• (1) This regulation applies to an application in respect of a CFD unit that is to be altered by decommissioning part of an eligible generating station in order to replace that part.

• (2) An application mentioned in paragraph (1) is not an excluded application under the following paragraphs of regulation 14—

• (a) paragraph (5) (accreditation or registration);

• (b) paragraph (9) (funding under non-fossil fuel orders);

• (c) paragraph (10) (capacity agreement);

• (d) paragraph (13) (investment contract).

Temporary site exclusions and exemption certificates

Grounds for granting exemption certificates

Requests for exemption certificates

Register of sites to which a temporary site exclusion applies

Price and pot notices

10A

• (1) The Secretary of State must by notice (“a price notice”) specify the administrative strike prices applicable to applications in an allocation round.

• (2) Where the administrative strike prices in the price notice are stated by reference to a price which is not current at the date of that notice, the price notice must include a factor which, when applied to the administrative strike prices, converts the administrative strike prices into administrative strike prices current at that date.

• (3) The Secretary of State may by notice (“a pot notice”) specify descriptions of applications for the purpose of regulation 11(2)(c) (contract budget notices: pot).

• (4) The Secretary of State may revise a pot notice where that revision has effect more than 10 working days before the application opening date.

• (5) A price notice, pot notice and a revision to a pot notice must—

• (a) be given to the delivery body,

• (b) identify the allocation round to which the notice applies, and

• (c) be given no later than 10 working days before the application opening date.

Estimated budget notices

10B

• (1) This regulation applies where the Secretary of State makes a direction under regulation 54 (allocation reports) to the delivery body to make available details of the matters specified in regulation 54(2)(e) but the delivery body cannot provide the details without an estimated budget notice.

• (2) The Secretary of State must by notice (“an estimated budget notice”) specify as many of the following as the delivery body needs to make available the details referred to in paragraph (1)—

• (a) an estimated budget which is available for each delivery year applicable to an allocation round either for—

• (i) the whole allocation round, or

• (ii) a description of applications specified in any pot notice in respect of the allocation round;

• (b) budgets which are reserved for descriptions of applications specified in the estimated budget notice (“estimated minima”);

• (c) maximum budgets which apply to descriptions of applications specified in the estimated budget notice (“estimated maxima”).

• (3) Where estimated maxima or estimated minima are specified, they may be expressed as—

• (a) a sum of money;

• (b) an amount of capacity of electricity generation; or

• (c) a combination of (a) and (b).

• (4) Where any budget referred to in paragraph (2) is expressed as an amount of capacity of electricity generation, the Secretary of State may specify in the estimated budget notice that a soft constraint applies to that amount, and in such a case, the amount of capacity of electricity generation may be exceeded, but only in accordance with the provisions of the contract allocation framework that applies to that allocation round.

• (5) The estimated budget notice must—

• (a) be given to the delivery body as soon as practicable; and

• (b) identify the allocation round to which it applies.

Contract budget notices

Contract budget revision

Contract budget revision notices

Sustainable industry reward budgets

Publication

13B

• (1) As soon as practicable after they are given to the delivery body, the Secretary of State must make the following publicly available—

• (a) the price notice;

• (b) the pot notice and a revision to that notice where it is revised;

• (c) the sustainable industry reward budget notice in its indicative, draft and final form.

• (2) Before, or no later than is reasonably practicable after, being given notice under regulation 35(1) (completion of the contract allocation process), the Secretary of State must make publicly available—

• (a) the contract budget notice; and

• (b) the contract budget revision notice, where such notice is given.