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85 provisions
Title and introductory text
2014 No. 2011
Electricity
The Contracts for Difference (Allocation) Regulations 2014
Made
31st July 2014
Coming into force in accordance with regulation 1
The Secretary of State has before making these Regulations—
(a) consulted the persons listed in section 24(1)(a) to (g) of the Energy Act 2013 and such other persons as the Secretary of State considered it appropriate to consult; and
(b) had regard to the matters in section 5(2) of that Act.
In accordance with section 6(8) of that Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.
Accordingly, the Secretary of State, in exercise of the powers conferred by sections 6(1), 10, 12(1) to (3), 13(2),(3) and (8) and 19 of the Energy Act 2013, makes the following Regulations:
(1) These Regulations may be cited as the Contracts for Difference (Allocation) Regulations 2014 and come into force on the day after the day on which they are made.
(2) Except for Part 10, these Regulations do not extend to Northern Ireland.
(1) In these Regulations—
“accreditation” means accreditation under any of the renewables obligation orders;
“the Act” means the Energy Act 2013;
“additional qualification requirements” means the requirements set out in Chapter 4 of Part 4 applicable to particular applications;
“administrative strike price” means the strike price—
used by the delivery body to value an application under regulation 29; and
which is the maximum strike price which applies to a successful application;
...
“allocation round notice” has the meaning given by regulation 4;
“appeals deadline date” has the meaning given by regulation 43(2)(c) ...;
“applicable planning consents” has the meaning given by regulation 24(1);
“applicant” has the meaning given by regulation 16(2);
“application” means (except in paragraph 4(b) of Schedule 1) a request by an applicant to the delivery body to take part in a contract allocation process in respect of a CFD unit;
“application closing date” in relation to an allocation round has the meaning given by regulation 4A(2)(b)(iii);
“application opening date” has the meaning given by regulation 4A(2)(b)(ii);
“application window” means the period beginning with the application opening date and ending with the application closing date;
“application window notice” has the meaning given by regulation 4A(1);
“application window variation notice” has the meaning given by regulation 5A(1);
“applications valuations” has the meaning given by regulation 29(1) and (2);
“associated” has the same meaning as it has in paragraph 37 of Schedule 2A to the Electricity Act 1989;
“audit report” has the meaning given by regulation 36(2)(b);
...
...
“CFD unit” means the whole or part of an eligible generating station;
“connection agreement” has the meaning given by regulation 25(6);
“contract allocation framework” means the part of an allocation framework which deals with matters other than sustainable industry rewards;
“contract allocation process” means the process included in a contract allocation framework by which the delivery body determines which qualifying applications are successful applications and the strike price applicable to successful applications;
“contract budget” means an amount set out in a contract budget notice, which is the total—
sum of money potentially payable by the CFD counterparty under CFDs to eligible generators in a delivery year, excluding sustainable industry rewards;
capacity of electricity which may be generated by generating stations subject to a CFD in a delivery year; or
a combination of (a) and (b);
“contract budget notice” means a notice required by regulation 11;
“contract budget revision notice” means a notice referred to in regulation 12(2)(b);
“contract framework notice” has the meaning given by regulation 7(1);
“contract framework revision notice” has the meaning given by regulation 8(4);
“delivery body” means—
the national system operator; or
if the national system operator’s functions under Chapter 2 of Part 2 of the Act have been transferred to an alternative delivery body, that body;
“delivery year” means any of—
the period from the date on which these Regulations come into force and ending on 31st March 2015; and
the 12 month periods commencing on 1st April 2015 and each anniversary of that date and ending with the 12 month period ending on 31st March 2035;
“distribution system” means a system, other than a private network, of the type described in section 4(4) of the Electricity Act 1989;
“estimated budget” means the total—
estimated sum of money potentially payable by the CFD counterparty under CFDs to eligible generators in a delivery year, excluding sustainable industry rewards;
estimated capacity of electricity which may be generated by generating stations subject to a CFD in a delivery year; or
a combination of (a) and (b);
“estimated budget notice” means a notice required by regulation 10B(2);
“excluded application” has the meaning given by regulation 14(1);
“excluded site” has the meaning given by regulation 14A(6);
...
“exemption certificate” has the meaning given by regulation 14C(9);
“exemptions request notice” has the meaning given by regulation 14C(2);
“final strike price” means the strike price which applies to a successful application after the contract allocation process applicable to that application has been completed;
...
...
“general qualification requirements” means the requirements set out in Chapter 3 of Part 4;
“halt direction” has the meaning given by regulation 38(1)(a)(ii);
“maxima” has the meaning given by regulation 11(2)(b);
“minima” has the meaning given by regulation 11(2)(a);
“a non-delivery case” has the meaning given by regulation 14A(1)(b);
“non-fossil fuel orders” means—
the Electricity (Non-Fossil Fuel Sources)(England and Wales) Order 1994;
the Electricity (Non-Fossil Fuel Sources)(Scotland) Order 1994;
the Electricity (Non-Fossil Fuel Sources)(England and Wales) Order 1997;
the Electricity (Non-Fossil Fuel Sources)(Scotland) Order 1997;
the Electricity (Non-Fossil Fuel Sources)(England and Wales) Order 1998;
the Electricity (Non-Fossil Fuel Sources)(Scotland) Order 1999;
“non-qualification determination” has the meaning given by regulation 19(2)(b);
“non-qualification review” has the meaning given by regulation 20(1);
“non-qualification review request date” has the meaning given by regulation 20(2)(a);
“a non-signature case” has the meaning given by regulation 14A(1)(a);
“offer lapsed” in relation to the offer of a CFD is to be construed in accordance with regulation 11(1) of the Standard Terms Regulations 2014;
“offer of a CFD” has the meaning given in regulation 10(1) of the Standard Terms Regulations 2014;
“offshore waters” means waters—
in or adjacent to England, Wales or Scotland which are between the mean low water mark and the seaward limits of the territorial sea; or
within the area of the sea designated under section 41(3) of the Marine and Coastal Access Act 2009;
“offshore wind CFD unit” means a CFD unit which generates electricity by the use of wind and which is situated (or is to be situated) wholly in offshore waters;
...
“pending applicant” and “pending application” have the meanings given to those terms by regulation 49(2);
“pending bid” has the meaning given by regulation 50(2)(b);
“phased offshore wind CFD unit” means an offshore wind CFD unit—
which is to be established or altered by two or three phases of construction;
where each phase of construction is to provide new generating capacity; and
in the case of a CFD unit which is to be established, where each phase of construction is to provide a generating capacity of more than 5 megawatts;
“post-appeals indicative start date” has the meaning given by regulation 31(2);
“pot” has the meaning given by regulation 11(2)(c);
“pot notice” means a notice referred to in regulation 10A(3);
“price notice” means a notice required by regulation 10A(1);
“private network” means a network for the distribution of electricity which is not operated by a person authorised to distribute electricity under a licence granted or treated as granted under section 6(1)(c) of the Electricity Act 1989;
“proceed direction” has the meaning given by regulation 38(1)(b)(i);
“proceed notice” has the meaning given by regulation 37(1)(b)(i);
“qualification appeal” has the meaning given by regulation 43(1);
“qualifying applicant” has the meaning given by regulation 17(2) and includes a person determined by the appeals body as a qualifying applicant;
“qualifying application” has the meaning given by regulation 17(2);
“registration” means, other than in Schedule 1, registration on the central FIT register as an accredited FIT installation within the meaning of Part 3 of the Feed-in Tariffs Order 2012;
“relevant CFD unit” means the CFD unit which is the subject of an application;
“relevant works” has the meaning given by regulation 23(2) and (4);
“remote island wind CFD unit” means a CFD unit which satisfies the remote island wind conditions in regulation 27A(3);
“renewables obligation orders” means—
the Renewables Obligation Order 2009; or
the Renewables Obligation (Scotland) Order 2009;
“re-run notice” has the meaning given by regulation 37(1)(b)(ii);
“review notice” has the meaning given by regulation 20(1);
“round variation notice” has the meaning given by regulation 5(1)(a);
“the Standard Terms Regulations 2014” means the Contracts for Difference (Standard Terms) Regulations 2014;
“strike price” means (except in Part 10) a price for one megawatt hour of electricity generated by a CFD unit;
“successful application” means an application in respect of which, further to a contract allocation process, a CFD notification may be made or, in the case of an application in respect of a phased offshore wind CFD unit, more than one CFD notification may be made;
“sustainable industry reward” means a sum of money which—
may be payable by the CFD counterparty to an eligible generator under a CFD allocated in an allocation round established by an allocation round notice given before 31st December 2028;
is determined in accordance with a sustainable industry reward allocation framework; and
is payable for the purpose of supporting the matters referred to in regulation 6(2B) (development and sustainability of supply chains);
“sustainable industry reward allocation framework” means the part of an allocation framework which deals with sustainable industry rewards;
“sustainable industry reward allocation process” means the process included in a sustainable industry reward allocation framework for the determining of sustainable industry reward applications;
“sustainable industry reward applicant” means an eligible generator which makes a sustainable industry reward application;
“sustainable industry reward application” means an application made under regulation 28A(1);
“sustainable industry reward budget” means an amount set out in a sustainable industry reward budget notice, which is the sum of money potentially payable by the CFD counterparty under CFDs to eligible generators who are eligible for such payments in accordance with a sustainable industry reward statement...;
“sustainable industry reward budget notice” means a notice required by regulation 13A(1);
“sustainable industry reward flexible minima” has the meaning given by regulation 13A(1A)(b);
“sustainable industry reward framework notice” has the meaning given by regulation 7(3);
“sustainable industry reward framework revision notice” has the meaning given by regulation 8(5);
“sustainable industry reward maxima” has the meaning given by regulation 13A(1A)(c);
“sustainable industry reward minima” has the meaning given by regulation 13A(1A)(a);
“sustainable industry reward statement” means a statement given by the Secretary of State under regulation 28C, as revised, where applicable, in accordance with regulation 28E;
“target commissioning date” means the intended date, being a date within the target commissioning window, for the generation of electricity to begin by a CFD unit once it is established or altered;
“target commissioning window” means the period in which the generation of electricity must take place by a CFD unit once it is established or altered, the duration of which is listed in the contract allocation framework for each type of eligible generating station;
“target commissioning window start date” means the date on which the target commissioning window begins;
“target dates” means the target commissioning date and the target commissioning window start date;
“temporary site exclusion” has the meaning given by regulation 14A(2) and (3);
“termination notice” has the meaning given by regulation 5(1)(b);
“transmission system” has the meaning given by section 4(4) of the Electricity Act 1989;
“variation notice” has the meaning given by regulation 34(2);
“working day” means a day that is not a Saturday or Sunday, Christmas Day, Good Friday or any day that is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971.
(2) The following have the same meanings as they have in the Contracts for Difference (Definition of Eligible Generator) Regulations 2014—
...
“complete CCS system”;
“eligible generating station”;
“eligible generator”;
“generating station”;
“hydro generating station”;
“landfill gas”;
“photovoltaic array”;
“relevant fossil fuel generating station”;
“sewage gas”.
A notice given by the Secretary of State under this Part must be made publicly available by the Secretary of State as soon as practicable after it is given.
(1) Subject to paragraphs (2) to (5), where the Secretary of State establishes an allocation round, the Secretary of State must by notice (“an application window notice”) establish an application window.
(2) An application window notice must—
(a) be given to the delivery body and the CFD counterparty; and
(b) state—
(i) the allocation round to which the notice applies;
(ii) the first date on which an application for a CFD to be allocated further to that round may be made (“the application opening date”);
(iii) the date by which an application for a CFD to be allocated further to that round must be made (“the application closing date”), which must not be earlier than 10 working days after the application opening date; and
(iv) which delivery year or years apply to any CFDs to be allocated further to the allocation round to which the notice applies.
(3) The application opening date must not be earlier than—
(a) the date which is 10 working days after the date of the application window notice; or
(b) where the allocation round to which the application window notice applies is one to which a sustainable industry reward allocation framework applies, the date which is the day after the day the sustainable industry reward allocation process concludes.
(4) Where the CFDs to be allocated further to an allocation round are restricted to particular types of eligible generator or eligible generating station, the application window notice must state the restriction.
(5) Where an exemptions request notice is given, an application window notice which immediately follows the exemptions request notice must not state an application opening date which is earlier than 25 working days after the closing date stated in the exemptions request notice.
(1) The Secretary of State may—
(a) by notice (“a round variation notice”) vary the commencement date of an allocation round, where the commencement date of that allocation round has not yet passed; or
(b) by notice (“a termination notice”) terminate an allocation round so that no CFDs are to be allocated further to that round.
(2) A round variation notice or a termination notice must—
(a) be given to the delivery body and the CFD counterparty;
(b) ... state the date on which it has effect; and
(c) identify the allocation round to which the notice applies.
(3) A round variation notice must give reasons for the variation effected by the notice.
(4) Where an allocation round is terminated after a contract allocation process in that round is completed, the termination notice must give reasons for the termination.
(5) A ... termination notice is not valid unless the date on which it has effect is—
(a) not earlier than the date of the notice; and
(b) before the delivery body makes the first CFD notification further to the allocation round to which the notice applies.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6A) No variation of the commencement date of an allocation round ... may be made where the varied date would be earlier than 5 working days after the date of the round variation notice.
(7) Where the delivery body receives a round variation notice or a termination notice, it must as soon as practicable after receipt send a copy of the notice to each applicant who has made an application (which has not been withdrawn) in the round to which the notice applies.
(1) Subject to paragraphs (3) to (5), the Secretary of State may by notice (“an application window variation notice”) vary the application window by varying—
(a) the application opening date, where that date has not yet passed; or
(b) the application closing date, where that date has not yet passed.
(2) An application window variation notice must—
(a) be given to the delivery body and the CFD counterparty;
(b) state the date on which it has effect;
(c) identify the allocation round to which the notice applies; and
(d) state the reasons for the variation effected by the notice.
(3) No variation of the application opening date or the application closing date may be made where the application closing date would be earlier than 10 working days after the application opening date.
(4) No variation of the application opening date or the application closing date may be made where the varied date would be earlier than 5 working days after the date of the application window variation notice.
(5) Where the allocation round to which the application window variation notice applies is one to which a sustainable industry reward allocation framework applies, no variation of the application opening date may be made where the varied date would be earlier than the date which is the day after the day the sustainable industry reward allocation process concludes.
(6) Where the delivery body receives an application window variation notice, it must as soon as practicable after receipt send a copy of the notice to each applicant who has made an application (which has not been withdrawn) in the round to which the notice applies.
(1) The Secretary of State—
(a) must ensure that one contract allocation framework applies to each allocation round;
(b) may apply a contract allocation framework to more than one allocation round;
(c) may, in relation to an allocation round established by an allocation round notice given before 31st December 2028, apply a sustainable industry reward allocation framework to the allocation round in addition to the contract allocation framework; and
(d) may, if the Secretary of State applies a sustainable industry reward allocation framework to an allocation round established by an allocation round notice given before 31st December 2028, apply that framework to more than one such allocation round.
(2) A contract allocation framework must, in respect of the allocation round or rounds to which it applies, set out—
(a) the contract allocation process which applies to each type of application which may be made; and
(b) each method of calculation which the delivery body must apply to determine—
(i) the applications valuations; and
(ii) the value of an application whilst carrying out the contract allocation process.
(2A) A sustainable industry reward allocation framework must, in respect of the allocation round or rounds to which it applies, set out—
(a) the sustainable industry reward allocation process;
(ab) the classes of eligible generators that will be required, or permitted, to make a sustainable industry reward application;
(b) how the Secretary of State is to determine the contribution which the sustainable industry reward applicant is likely to make to the development and sustainability of supply chains...;
(c) a process for review before a final determination is made of the likely contribution referred to in sub-paragraph (b);
(d) the minimum standards of the likely contribution referred to in sub-paragraph (b) which must be met before the Secretary of State may give a sustainable industry reward statement;
(e) the method which the Secretary of State must apply to determine whether a sustainable industry reward may be payable and the amount of that potential reward; and
(f) the method by which the Secretary of State must score and rank sustainable industry reward applications.
(2B) For the purposes of setting out how the determination mentioned in paragraph (2A)(b) is to be made, the Secretary of State must have regard to how the development and sustainability of supply chains is supported by—
(a) increasing productivity, competitiveness and capacity in supply chains;
(b) encouraging innovation in supply chains;
(c) developing a diverse and skilled workforce , implementing fair work practices and increasing employment opportunities;
(d) increasing investment in and finding technical solutions to improving infrastructure that is relevant to the generation, storage, demand or use of electricity;
(e) increasing the sustainability of supply chains, in particular—
(i) increasing the long-term economic sustainability of supply chains;
(ii) minimising the negative environmental impacts of supply chains; and
(iii) delivering benefits to the communities in which supply chains operate; and
(f) increasing the investment in deprived areas which results from supply chains.
(3) To the extent that the contract allocation process imposes requirements on the delivery body, the Secretary of State must be satisfied that it is reasonable to expect the delivery body to comply with those requirements.
(4) Where the provisions of an allocation framework conflict with the provisions of these Regulations, the latter prevail.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) The Secretary of State must by notice (“a contract framework notice”) identify the contract allocation framework which applies to an allocation round.
(2) A contract framework notice must—
(a) be given to the delivery body and the CFD counterparty; and
(b) be given no later than 10 working days before the application opening date, including where the notice is required by regulation 8(3)(b).
(3) Where the Secretary of State applies a sustainable reward allocation framework to an allocation round, the Secretary of State must by notice (a “sustainable industry reward framework notice”) identify the sustainable industry reward allocation framework which applies to that allocation round.
(4) A sustainable industry reward framework notice must—
(a) be given to the delivery body and the CFD counterparty;
(b) specify the date on which the sustainable industry reward allocation process will commence...; and
(c) must be given as soon as practicable after the date of the allocation round notice establishing the allocation round to which the sustainable industry reward framework notice applies.
(1) Subject to paragraph (2), the Secretary of State may—
(a) amend or add to the provisions of a contract allocation framework identified in a contract framework notice; or
(b) subject to paragraph (3), remove the application of a contract allocation framework to an allocation round.
(2) No amendment, addition or removal under paragraph (1) may be made later than 10 working days before the application opening date.
(2A) Subject to paragraph (2B), the Secretary of State may amend or add to the provisions of a sustainable industry reward allocation framework identified in a sustainable industry reward allocation framework notice.
(2B) No amendment or addition under paragraph (2A) may be made later than 10 working days before the date on which the sustainable industry reward allocation process will commence, as specified in the sustainable industry reward framework notice or in a sustainable industry reward framework revision notice.
(2C) Subject to paragraph (5)(d), the Secretary of State may vary the date on which the sustainable industry reward allocation process will commence, as specified in the sustainable industry reward framework notice, or in a sustainable industry reward framework revision notice.
(3) Where the application of a contract allocation framework to an allocation round is to be removed, the Secretary of State must—
(a) unless the allocation round is terminated, ensure that another contract allocation framework applies to the allocation round; and
(b) comply with regulation 7 in respect of that other contract allocation framework.
(4) Where the Secretary of State amends or adds to the provisions of a contract allocation framework, or removes a contract allocation framework, the Secretary of State must give a notice (“a contract framework revision notice”) to the delivery body and the CFD counterparty which states—
(a) the date on which the amendment, addition or removal has effect, which must not be earlier than the date of the notice;
(b) how a contract allocation framework has been amended or added to; and
(c) where the contract allocation framework is to apply to more than one allocation round, the allocation round or rounds affected by the amendment, addition or removal.
(5) Where the Secretary of State amends or adds to the provisions of a sustainable industry reward allocation framework, or varies the date specified in the sustainable industry reward framework notice as the date on which the sustainable industry reward allocation process will commence, the Secretary of State must give a notice (“a sustainable industry reward framework revision notice”) to the delivery body and the CFD counterparty which states, where applicable—
(a) the date on which an amendment or addition to the sustainable industry reward allocation framework has effect, which must not be earlier than the date of the notice;
(b) how the sustainable industry reward allocation framework has been amended or added to;
(c) where the sustainable industry reward allocation framework is to apply to more than one allocation round, the allocation round or rounds affected by the amendment or addition; and
(d) the varied date on which the sustainable industry reward allocation process will commence....
(1) The Secretary of State must make publicly available each contract allocation framework and sustainable industry reward allocation framework, including any version which includes an amendment or addition.
(2) The Secretary of State must comply with paragraph (1) in relation to a contract allocation framework—
(a) except where an addition or amendment is made to the provisions of a contract allocation framework, by no later than the date of the contract framework notice in which the framework is identified; or
(b) where an addition or amendment is made to the provisions of a contract allocation framework, by no later than the date of the contract framework revision notice in which the framework is identified.
(3) The Secretary of State must comply with paragraph (1) in relation to a sustainable industry reward allocation framework—
(a) except where an addition or amendment is made to the provisions of a sustainable industry reward allocation framework, by no later than the date of the sustainable industry reward framework notice in which the framework is identified; or
(b) where an addition or amendment is made to the provisions of a sustainable industry reward allocation framework, by no later than the date of the sustainable industry reward framework revision notice in which the framework is identified.
(1) This Part applies to an allocation round which has been established further to an allocation round notice.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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.
(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.
(1) The Secretary of State must by notice (“a contract budget notice”) specify—
(a) the contract budget which is available for each delivery year applicable to an allocation round; ...
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) The Secretary of State may in a contract budget notice specify any of the following—
(a) budgets which are reserved for the descriptions of applications specified in the notice (“minima”);
(b) maximum budgets which apply to the descriptions of applications specified in the notice (“maxima”);
(c) a division of the contract budget such that a different part (“pot”) of the contract budget applies to the description of applications specified in the pot notice.
(3) Where maxima or 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—
(a) the contract budget is expressed as a sum of money; and
(b) that sum is stated by reference to a price which is not current at the date of the contract budget notice,
the contract budget notice must include a factor which, when applied to that sum, converts that sum into a price which is current at that date.
(4A) Where any budget referred to in paragraph (1)(a) or (2) (that is to say, the contract budget, a minimum, a maximum or a pot) is expressed as an amount of capacity of electricity generation, the Secretary of State may specify in the contract 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) A contract budget notice must—
(a) be given to the delivery body at such time as is set out in the contract allocation framework; and
(b) identify the allocation round to which the contract budget notice applies; ...
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) This regulation applies where the Secretary of State has given a contract budget notice in respect of an allocation round.
(2) The Secretary of State—
(a) may revise a contract budget notice (“a contract budget revision”)—
(i) in the period after the contract budget notice has been given but before the first CFD notification, further to the allocation round to which the contract budget notice applies, has been given; and
(ii) in accordance with paragraph (5); but
(b) must only effect a contract budget revision by a notice (“a contract budget revision notice”) which complies with regulation 13.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) ... The Secretary of State may increase the contract budget but must not—
(a) decrease—
(i) the contract budget;
(ii) any maxima; or
(iii) any minima; or
(b) increase any maxima or minima, unless the contract budget is increased by at least the same amount; or.
(c) remove the application of a soft constraint to a budget (see regulation 11(4A)).
A contract budget revision notice must—
(a) be given to the delivery body;
(b) identify the allocation round to which the contract budget revision notice applies;
(c) describe the contract budget revision; and
(d) be given at least one working day before the date on which the revision set out in the notice is to have effect.
(1) Where the Secretary of State gives a sustainable industry reward framework notice in relation to an allocation round, the Secretary of State must by notice (“a sustainable industry reward budget notice”) specify the sustainable industry reward budget which is available for that allocation round.
(1A) The Secretary of State may, in a sustainable industry reward budget notice, specify any of the following—
(a) budgets which are reserved for the sustainable industry reward applications described in the notice (“sustainable industry reward minima”);
(b) budgets which must be prioritised for the sustainable industry reward applications described in the notice, and where those budgets are not exhausted, the remaining budgets may be used for the other sustainable industry reward applications (“sustainable industry reward flexible minima”);
(c) maximum budgets which apply to the sustainable industry reward applications described in the notice (“sustainable industry reward maxima”).
(1B) The sustainable industry reward allocation framework must set out—
(a) the time by which the sustainable industry reward budget notice must be published, which must be no later than the day before the day a notice under regulation 28C which includes a sustainable industry reward statement is given; and
(b) whether any draft forms of the sustainable industry reward budget notice must be published, and the time by which they must be published.
(1C) A draft form of the sustainable industry reward budget notice need not set out the Secretary of State’s intentions as to the use of the description of budget mentioned in paragraph (1A).
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) A sustainable industry reward budget notice, whether in ... draft or final form, must—
(a) be given to the delivery body and the CFD counterparty; and
(b) identify the allocation round to which the sustainable industry reward budget notice applies.
(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Before, or no later than is reasonably practicable after, the first CFD notification being given, 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.
(1) Subject to regulation 14ZA (decommissioning), an eligible generator may not make an application under this Part where the application is excluded under any of the following paragraphs (“an excluded application”).
(2) No application may be made in respect of a CFD unit where the unit is—
(a) a generating station connected to a complete CCS system or is to be altered to be a generating station connected to a complete CCS system; or
(b) a nuclear power station.
(3) No application may be made in respect of a CFD unit where the CFD unit is—
(a) to be established as a hydro generating station; and
(b) to have a generating capacity of 5 megawatts or less.
(4) No application may be made in respect of a CFD unit where—
(a) the CFD unit uses or is to use as its source of energy—
(i) gas formed by the anaerobic digestion of material which is not landfill gas or sewage gas;
(ii) solar radiation when captured by a photovoltaic array; or
(iii) wind, other than in respect of an offshore wind CFD unit; and
(b) in the case of a CFD unit described in sub-paragraph (a) which is to be established, it is to have a generating capacity of 5 megawatts or less.
(5) No application may be made in respect of a CFD unit to be established or altered where an accreditation or registration applies (or has applied) in respect of that unit.
(6) Subject to paragraph (7), no application may be made in respect of a CFD unit where the CFD unit—
(a) is or is to be an offshore wind CFD unit; and
(b) is to be established or altered in phases of construction.
(7) Paragraph (6) does not apply to a phased offshore wind CFD unit.
(8) No application may be made in respect of a CFD unit where the CFD unit is or is to be situated wholly or partially—
(a) in Northern Ireland; or
(b) in waters in or adjacent to Northern Ireland which are between the mean low water mark and the seaward limits of the territorial sea.
(9) No application may be made in respect of a CFD unit to be altered where funding has been given in respect of that unit under any of the non-fossil fuel orders.
(10) No application may be made in respect of a CFD unit in relation to which—
(a) a CFD applies;
(b) a capacity agreement applies; or
(c) an application for a capacity agreement has been made but has not been determined.
(10A) For the purposes of paragraph (10)(c)—
(a) an application for a capacity agreement has been made when an application is made for prequalification in accordance with the Electricity Capacity Regulations 2014 and capacity market rules made under Chapter 3 of Part 2 of the Energy Act 2013 (“CM rules”); and
(b) an application for a capacity agreement has been determined when, in accordance with the Electricity Capacity Regulations 2014 and CM rules, it is no longer possible to obtain a capacity agreement as a consequence of that application.
(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(12) No application may be made in respect of a CFD unit unless—
(a) where the CFD unit is or is to be part only of a generating station, the electricity to be generated by the CFD unit is metered separately from the electricity generated by the other part of the generating station or any other generating station;
(b) where sub-paragraph (a) does not apply, the electricity to be generated by the CFD unit is metered separately from the electricity generated by any other generating station.
(13) No application may be made in respect of a CFD unit to which an investment contract applies.
(14) The contract allocation framework may, in respect of an allocation round to which it applies, set out further descriptions of applications which may not be made in that round.
(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).
14A Temporary site exclusions and exemption certificates
(1) This regulation and regulations 14B to 14D apply where—
(a) the offer lapsed in respect of a successful application (“a non-signature case”); or
(b) a CFD was entered into and was subsequently terminated, and either or both of the following circumstances apply—
(i) the CFD was terminated on a date which is earlier than the date determined in accordance with the CFD as the Milestone Delivery Date;
(ii) the reason for the termination was that the eligible generator failed to achieve the stages for delivery for that CFD unit which were required under the CFD to be met by the date determined in accordance with the CFD as the Milestone Delivery Date;
(each “a non-delivery case”).
(2) Subject to paragraphs (4) and (5), an eligible generator may not make an application in respect of a CFD unit in the next two allocation rounds if the site of the main generating structures of the CFD unit is the same as, or includes any part of, an excluded site; and in this paragraph, “next two allocation rounds” means the first two allocation rounds in which the eligible generator could otherwise have made such an application after the allocation round further to which the CFD notification in respect of the CFD referred to in paragraph (1) was given.
(2A) The prohibition in paragraph (2) does not prevent an eligible generator from making a sustainable industry reward application in the next two allocation rounds referred to in that paragraph.
(3) The exclusion described in paragraph (2) is a “temporary site exclusion”.
(4) An eligible generator may in an allocation round make an application to which a temporary site exclusion applies, if the eligible generator—
(a) holds an exemption certificate in respect of the application; and
(b) provides that certificate to the delivery body with the application.
(5) An eligible generator may in an allocation round make an application to which a temporary site exclusion applies where—
(a) no exemptions request notice is published in respect of the allocation round; or
(b) an exemptions request notice is published in respect of the allocation round and the date on which the temporary site exclusion is published in accordance with regulation 14D occurs—
(i) 5 or fewer working days before; or
(ii) on or after,
the closing date stated in the exemptions request notice.
(6) In this regulation—
“excluded site” means the site of the main generating structures of the CFD unit described in the successful application in respect of which—
the offer lapsed; or
the CFD was entered into;
...
(1) Where a request is made in accordance with regulation 14C(6), the Secretary of State may give an exemption certificate to an eligible generator (“E”) who intends to make an application to which a temporary site exclusion applies.
(2) No exemption certificate may be given unless the Secretary of State is satisfied that at least one of the following grounds applies in respect of the intended application.
(3) Ground 1 is that—
(a) the area of site A is less than 51% of the area of the excluded site; and
(b) the area of the excluded site is less than 51% of the area of site A.
(4) Ground 2 is that—
(a) E holds a relevant property interest in all of site B;
(b) the interest was held by E before 14th October 2014;
(c) E is not the person (“P1”) who, as appropriate, did not accept the offer of a CFD before the offer lapsed or was a party to the CFD which was terminated; and
(d) where E is a body corporate or a limited liability partnership and E is not P1, E is not associated with P1.
(5) Ground 3 is that—
(a) E holds a relevant property interest in all of site B;
(b) the interest did not exist before 14th October 2014;
(c) E acquired that interest from a person (“P2”) who held a relevant property interest in all of site B before 14th October 2014;
(d) E is not the person (“P3”) who, as appropriate, did not accept the offer of a CFD before the offer lapsed or was a party to the CFD which was terminated;
(e) P2 is not P3 and where P2 is a body corporate or a limited liability partnership and P2 is not P3, P2 is not associated with P3; and
(f) where E is a body corporate or a limited liability partnership and E is not P3, E is not associated with P3.
(6) Ground 4 (which applies only where a temporary site exclusion arises by reason of a non-signature case) is that—
(a) relevant court proceedings were commenced or concluded after the last date on which the successful application could have been withdrawn from the allocation round; and
(b) the applicant’s ability to comply with the terms of the CFD which was offered would have been subject to a “Material Adverse Effect” (as that term was defined in the CFD) by reason of—
(i) those proceedings being commenced; or
(ii) the result of the concluded proceedings.
(7) Ground 5 (which applies only where a temporary site exclusion arises by reason of a non-delivery case) is that the CFD was terminated by reason of a “Qualifying Change in Law Relevant Construction Event” or “Sustainability Change in Law” (as those terms were defined in the CFD).
(8) In this regulation—
“relevant court proceedings” means—
court proceedings made against the applicant who made the successful application; or
a judicial review or a statutory appeal in relation to any applicable planning consents provided in compliance with regulation 23 in respect of the successful application;
“relevant property interest” means any of the following—
an agreement for lease;
an option for lease;
a freehold;
a leasehold;
“site A” means the site of the main generating structures of the CFD unit to be described in the intended application;
“site B” means site A to the extent to which it coincides with the excluded site.
(9) Where E, P1, P2 or P3 is an unincorporated association, the conditions relating to E, P1, P2 or P3 in paragraphs (4) and (5) apply as if E, P1, P2 or P3 means any member of the unincorporated association.
(10) For the purposes of the definition of “relevant court proceedings”, where the applicant is an unincorporated association, court proceedings include proceedings against any member of the unincorporated association.
(1) Paragraph (2) applies where Secretary of State is minded to establish an application window (“a prospective application window”).
(2) Where this paragraph applies, subject to paragraph (3), by no later than 50 working days before the date (“the prospective application opening date”) which the Secretary of State is minded to set as the application opening date of a prospective application window, the Secretary of State must publish a notice (“an exemptions request notice”).
(3) An exemptions request notice is not required where, by the date at which a notice would otherwise be required under paragraph (2), no temporary site exclusion applies at that date in respect of the prospective application window.
(4) An exemptions request notice must apply to each prospective application window which is to have the same prospective application opening date.
(5) An exemptions request notice must—
(a) state the prospective application opening date;
(b) identify each prospective application window to which the notice applies;
(c) describe the types of eligible generator and eligible generating station to which each prospective application window is likely to apply;
(d) state the delivery years which are likely to apply to each prospective application window; and
(e) state the date by which a request for an exemption certificate must be made to the Secretary of State (“the closing date”), which must be no earlier than 15 working days after the date of the notice.
(6) A request for an exemption certificate must—
(a) only be made by an eligible generator;
(b) be in the form and manner required by the Secretary of State;
(c) include details of the application (“the intended application”) which the eligible generator intends to make;
(d) specify the prospective application window in which the intended application is to be made;
(e) include the plan (“the site plan”) contained in, or referred to by, the applicable planning consents which are to accompany the intended application which identifies the site of the main generating structures of the CFD unit;
(f) state each ground of exemption relied upon and include the information necessary to enable the Secretary of State to determine whether or not each such ground applies; and
(g) be made by the closing date.
(7) By no later than 25 working days after the closing date, the Secretary of State must give the eligible generator who has made the request—
(a) an exemption certificate; or
(b) a notice (“an exemption refusal notice”) stating that the request has been refused and giving reasons for the refusal.
(8) The Secretary of State must as soon as practicable give a copy of each exemption certificate and exemption refusal notice to—
(a) the CFD counterparty; and
(b) the delivery body.
(9) In this regulation—
“exemption certificate” means a document which—
includes a summary of the intended application and the site plan and includes (or refers) to a plan which identifies the excluded site; and
states—
each ground of exemption which the Secretary of State has determined applies to the intended application; and
that the Secretary of State has determined that the eligible generator named in the document may make the intended application in the prospective round identified in the document;
“ground of exemption” means any of the grounds 1 to 5 described in regulation 14B.
14D Register of sites to which a temporary site exclusion applies
(1) The CFD counterparty must establish and maintain a register of each excluded site to which a temporary site exclusion applies and the register must contain—
(a) the grid reference co-ordinates and such other information, including a plan to a suitable scale, which enables each such site to be readily identified;
(b) the date on which the CFD notification was given for (as applicable)—
(i) the CFD the offer of which lapsed; or
(ii) the CFD which was terminated;
(c) in a non-signature case, the name of the eligible generator who made the successful application in respect of which the offer lapsed; and
(d) in a non-delivery case, the name of the eligible generator who was a party to the CFD which was terminated.
(1A) Where an eligible generator is an unincorporated association, the requirements relating to the eligible generator in paragraph (1)(c) and (d) apply in relation to the unincorporated association and each member of the unincorporated association.
(2) The register must be made publicly available.
(1) A person may make an application where that person is an eligible generator in respect of the CFD unit described in the application.
(2) A person who makes an application permitted by paragraph (1) is “an applicant”.
(3) Up to and including the application closing date, an application may be withdrawn by the applicant at any time.
(4) The contract allocation framework may provide for circumstances where, after the application closing date, an application may be withdrawn or be treated as withdrawn.
(5) Subject to any provision described in paragraph (4), an application may not be withdrawn after the application closing date.
(1) The delivery body must determine whether or not an application qualifies to take part in the contract allocation process applicable to the application.
(2) Where an application does so qualify, that application is “a qualifying application” and the applicant in respect of that application is “a qualifying applicant”.
(3) An application is not a qualifying application unless the application—
(a) is one to which a contract allocation process applies in the allocation round;
(b) is not an excluded application;
(c) meets the general qualification requirements set out or referred to in Chapter 3; and
(d) where applicable, meets the additional qualification requirements set out or referred to in Chapter 4.
(4) An applicant must provide with the application—
(a) the information necessary to enable the delivery body—
(i) to make the determination under paragraph (1); and
(ii) to give a CFD notification were the application to be a successful application,
including the information listed or referred to in Schedule 1;
(b) where more than one set of standard terms applies in an allocation round, a statement by the applicant which identifies the set which would apply in respect of the application were a CFD to be allocated; and
(c) where the applicant has reached a modification agreement, a statement by the applicant which identifies the agreement.
(1) In order to determine an application, the delivery body may require the Authority to inform it whether or not an accreditation or an application for accreditation applies to a relevant CFD unit.
(2) Where the Authority receives a request under paragraph (1), it must reply as soon as practicable in respect of information held by the Authority at the date on which the request is received.
(1) Subject to paragraph (4), the delivery body must give a notice to each applicant which states whether or not an application made by the applicant is a qualifying application.
(2) A notice under paragraph (1) must—
(a) subject to paragraph (3), be given no later than 10 working days after the application closing date; and
(b) where the delivery body determines that the application is not a qualifying application (“a non-qualification determination”), give reasons for that determination.
(3) The contract allocation framework which applies to the allocation round may provide for a different period than that stated in paragraph (2)(a) and, where such a period is provided, the obligation in paragraph (2)(b) applies in respect of that period.
(4) A notice is not required under paragraph (1) where, before the notice would otherwise be given,—
(a) a termination notice has effect in respect of the allocation round; or
(b) the application is withdrawn.
(1) An applicant may give a notice (“a review notice”) to the delivery body to request a review of a non-qualification determination (“a non-qualification review”).
(1A) An applicant may not request a non-qualification review of a determination that an application is not a qualifying application by virtue of the applicant not being able to provide a sustainable industry reward statement, as required by regulation 27B(2).
(2) A review notice must—
(a) subject to paragraph (6)(a), be given by a date (“the non-qualification review request date”) which is no later than 5 working days after the date of the notice containing the non-qualification determination;
(b) contain the matters specified in paragraph (3) and be made in the form and manner as may be required by the delivery body; and
(c) subject to paragraph (6)(b), not contain any documentary evidence which was not provided to the delivery body in support of the application which is the subject of the non-qualification determination.
(3) The matters referred to in paragraph (2)(b) are—
(a) a concise statement which—
(i) identifies the relevant part of the non-qualification determination in dispute; and
(ii) sets out the facts on which the applicant relies;
(b) a summary of the grounds for disputing the non-qualification determination;
(c) a succinct presentation of the arguments supporting each of the grounds for dispute; and
(d) a schedule listing the documents submitted with the review notice.
(4) Where the delivery body receives a review notice in accordance with paragraph (2), it must give a notice (“a non-qualification review notice”) to the applicant which—
(a) states whether or not the delivery body has determined to uphold the non-qualification determination; and
(b) gives reasons for the determination.
(5) Subject to paragraph (6)(a), a non-qualification review notice must be given by no later than 10 working days after the date on which the review notice is received.
(6) The contract allocation framework which applies to the allocation round may—
(a) provide for a different period than that stated in paragraph (2)(a) or (5), and where such a different period is provided for, the obligation in paragraph (2)(a) or (5) applies in respect of that different period ; and
(b) permit a review notice to contain documentary evidence or information of a description specified in the contract allocation framework.
20A Delivery body error in notices of determinations
(1) The delivery body may, if provided for in the contract allocation framework which applies to the allocation round, give—
(a) to an applicant who has received a non-qualification determination, an amended non-qualification determination; and
(b) to an applicant who has received a notice stating that the application made by the applicant is a qualifying application under regulation 19, a non-qualification determination.
(2) If the contract allocation framework which applies to the allocation round provides for determinations to be given under paragraph (1)(a) or (b), it may also provide for regulations 19, 20, 21, 29, 31, 32, 33, 49, 50 and 51 to apply with such modifications as the Secretary of State considers appropriate to take account of such determinations.
(1) Except where paragraph (3) applies, no more than one application in respect of the same CFD unit may be made in the same allocation round, unless the prior application is withdrawn.
(2) Paragraph (3) applies where in respect of an application (“A”)—
(a) a non-qualification determination has been given;
(b) a review has upheld the non-qualification determination; and
(c) the applicant has made an appeal or the period within which an appeal may be brought against the determination has not expired.
(3) Where this paragraph applies, a further application may be made in the same allocation round in respect of the relevant CFD unit to which A applies only where—
(a) the Authority upholds the non-qualification determination or no appeal is made; and
(b) the further application is made no later than the application closing date.
(1) An applicant who makes an application must do so—
(a) in the form and manner required by the delivery body; and
(b) no later than the application closing date.
(2) Where an application has been made in accordance with paragraph (1), the delivery body must give a notice to the applicant which states the date of receipt of the application.
(1) Paragraphs (2) to (5) are subject to paragraph (7).
(2) Subject to paragraph (3), the applicant must provide copies of the applicable planning consents which apply to any works (“relevant works”) which enable—
(a) the relevant CFD unit to be established or altered;
(b) electricity generated from the relevant CFD unit to be supplied, as applicable, to—
(i) the national transmission system for Great Britain;
(ii) the distribution system; or
(iii) a private network.
(3) Paragraph (2) does not require the provision of any of the applicable planning consents in respect of any relevant works to which a connection agreement applies, where those works are undertaken by a person other than the applicant.
(4) “Relevant works” includes any of the following works—
(a) the alteration, construction or removal of any plant, building or other structure;
(b) the alteration, installation or removal of any cable, line, pipeline or other service media;
(c) any works associated with the matters described in sub-paragraph (a) or (b).
(5) Paragraph (2) applies in respect of relevant works undertaken or to be undertaken by the applicant or any other person on the applicant’s behalf.
(6) Where the applicant considers that in respect of the relevant works—
(a) any of the applicable planning consents do not apply; or
(b) a general permission or consent or an exemption applies,
the applicant must provide details of those matters to the delivery body.
(7) The contract allocation framework which applies to an allocation round may, in respect of the allocation round to which the framework applies, amend, add to or remove the requirements in any of paragraphs (2) to (5) and the general qualification requirements are so modified where such an amendment, addition or removal is made.
(1) “Applicable planning consents” are—
(a) a development order or, in respect of relevant works in waters in or adjacent to Wales up to the seaward limits of the territorial sea, a TWA order;
(b) a planning permission;
(c) a section 36 consent;
(d) where any relevant works involve a licensable marine activity, a marine licence.
(2) In this regulation—
“development order” means a development consent order under section 114 of the Planning Act 2008;
“licensable marine activity” has the meaning given—
except where paragraph (b) applies, in section 66 of the Marine and Coastal Access Act 2009; or
in respect of relevant works in the Scottish marine area, in section 21 of the Marine (Scotland) Act 2010;
“marine licence” has the meaning given—
except where paragraph (b) applies, in Part 4 of the Marine and Coastal Access Act 2009; or
in respect of relevant works in the Scottish marine area, in Part 4 of the Marine (Scotland) Act 2010;
“planning permission” means in respect of relevant works in—
England or Wales, planning permission under Part 3 of the Town and Country Planning Act 1990;
Scotland, planning permission under Part 3 of the Town and Country Planning (Scotland) Act 1997;
“Scottish marine area” has the meaning given by section 1 of the Marine (Scotland) Act 2010;
“section 36 consent” means a consent under section 36 of the Electricity Act 1989;
“TWA order” means an order under section 3 of the Transport and Works Act 1992.
(1) Paragraphs (2) to (4) are subject to paragraph (5).
(2) Where a direct connection applies or is to apply to the relevant CFD unit, the applicant must provide a copy of the connection agreement applicable to the relevant CFD unit, and—
(a) where connection is to the national transmission system for Great Britain, that agreement must secure transmission entry capacity for the CFD unit of at least 75% of the provisional capacity estimate of the CFD unit; or
(b) where connection is to the distribution system, that agreement must provide for the export of at least 75% of the provisional capacity estimate of the CFD unit to the distribution system.
(3) Where a direct connection or a partial connection does not apply or is not to apply to the relevant CFD unit, the applicant must provide either—
(a) a statement that the applicant is or is to be the operator of the private network to which the relevant CFD unit exports or is to export electricity; or
(b) a copy of a private network use agreement applicable to the relevant CFD unit.
(4) Where a partial connection applies or is to apply to the relevant CFD unit, the applicant must provide—
(a) copies of—
(i) either—
(aa) a statement that the applicant is or is to be the operator of the private network to which the relevant CFD unit exports or is to export electricity; or
(bb) a copy of a private network use agreement applicable to the relevant CFD unit; and
(ii) the connection agreement applicable to the relevant CFD unit; or
(b) copies of—
(i) the private network use agreement applicable to the relevant CFD unit that allows the CFD unit to access a connection to the national transmission system for Great Britain or the distribution system; and
(ii) the connection agreement between the operator of the private network and the national system operator or the distribution system.
(5) The contract allocation framework which applies to an allocation round may amend, add to or remove the requirements in any of paragraphs (2) to (4) and the general qualification requirements are so modified where such an amendment, addition or removal is made.
(6) In this regulation—
“connection agreement” means an agreement (including a countersigned offer) to connect to—
the national transmission system for Great Britain; or
the distribution system,
entered into by the operator of the relevant system;
“direct connection” means a connection to—
the national transmission system for Great Britain; or
the distribution system,
which applies to all the electricity generated by the relevant CFD unit;
“partial connection” means a connection to—
the national transmission system for Great Britain; or
the distribution system,
which applies to part only of the electricity generated by the relevant CFD unit.
“private network use agreement” means an agreement to connect to a private network, entered into by the operator of that private network, which sets out the terms for exporting electricity to that private network and the capacity in the private network that is accessible under the agreement;
“provisional capacity estimate” means the capacity of the relevant CFD unit, as provided by an applicant in accordance with paragraph 3(a)(iii) of Schedule 1;
“transmission entry capacity” means the maximum amount of electricity permitted by the national system operator to be exported from the relevant CFD unit to the national transmission system for Great Britain at any given time.
(1) Paragraph (4) applies where the three following conditions apply.
(2) The first condition is that the relevant CFD unit—
(a) is to be established with a threshold generating capacity; or
(b) is to be altered and the unit—
(i) before and after the alteration will have a threshold generating capacity; or
(ii) in consequence of the alteration, will have a threshold generating capacity.
(3) The second condition is that, in respect only of the first allocation round, the Secretary of State has not made a determination under regulation 12(2) of the Electricity Market Reform (General) Regulations 2014 that statements under regulation 11 of those Regulations will not be provided for that round.
(3A) The third condition is that the applicant does not provide a copy of a sustainable industry reward statement that applies to the relevant CFD unit in respect of the allocation round..
(4) Where this paragraph applies, the applicant must provide a statement made by the Secretary of State under regulation 11 of the Electricity Market Reform (General) Regulations 2014 in relation to the relevant CFD unit.
(5) In this regulation, “threshold generating capacity” means a generating capacity of—
(a) 300 megawatts or more; or
(b) where the relevant CFD unit meets, or is expected by the target commissioning date to meet, the floating offshore wind conditions set out in regulation 27ZA(4), under 300 megawatts.
(1) This regulation applies where the relevant CFD unit is or is to be an offshore generating station or part of such a station.
(2) The applicant must demonstrate that a lease or an agreement for lease has been granted by the Crown Estate Commissioners or a relevant person in respect of the location of the relevant CFD unit.
(3) In this regulation, “offshore generating station” means a generating station which is located wholly in offshore waters and “relevant person”, in relation to any property, rights or interests to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that property or those rights or interests.