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The Contracts for Difference (Allocation) Regulations 2014

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As published

34 Delay to the commencement of contract allocation processes

(1) This regulation applies where the commencement of a contract allocation process under regulation 33 is more than 5 months after the application closing date. (2) The Secretary of State may give a notice to the delivery body to require it to give a notice (“a variation notice”) to each qualifying applicant and pending applicant which states that target dates may be delayed by the applicant by a period not greater than that specified in the Secretary of State’s notice. (3) The delivery body must comply with a notice given to it by the Secretary of State under paragraph (2). (4) Where a variation notice is given, a qualifying applicant or pending applicant who wishes to delay the target dates must do so by giving a notice to the delivery body with any delayed target dates by no later than 5 working days after the date of the variation notice. (5) Where delayed target dates are provided in accordance with paragraph (4), the delivery body must— (a) substitute those dates for those provided with the application; and (b) to the extent that those dates affect any of the applications valuations determined under regulation 29, re-determine in accordance with regulation 29 such of the applications valuations as are affected. (6) The delivery body must not continue with the contract allocation process until the later of— (a) the time to provide delayed target dates has expired; or (b) any re-determination of applications valuations required under paragraph (5)(b) has been made.

Your change, as a redline

34 Delay to the commencement of contract allocation processes

(1) This regulation applies where the commencement of a contract allocation process under regulation 33 is more than 5 months after the application closing date. (2) The Secretary of State may give a notice to the delivery body to require it to give a notice (“a variation notice”) to each qualifying applicant and pending applicant which states that target dates may be delayed by the applicant by a period not greater than that specified in the Secretary of State’s notice. (3) The delivery body must comply with a notice given to it by the Secretary of State under paragraph (2). (4) Where a variation notice is given, a qualifying applicant or pending applicant who wishes to delay the target dates must do so by giving a notice to the delivery body with any delayed target dates by no later than 5 working days after the date of the variation notice. (5) Where delayed target dates are provided in accordance with paragraph (4), the delivery body must— (a) substitute those dates for those provided with the application; and (b) to the extent that those dates affect any of the applications valuations determined under regulation 29, re-determine in accordance with regulation 29 such of the applications valuations as are affected. (6) The delivery body must not continue with the contract allocation process until the later of— (a) the time to provide delayed target dates has expired; or (b) any re-determination of applications valuations required under paragraph (5)(b) has been made.

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