Solon does not know this law's official route yet. The proposal is recorded all the same, and the route appears here once its source is added.
85 provisions
27ZA Floating offshore wind CFD units
(1) This regulation applies where the relevant CFD unit is to be a floating offshore wind CFD unit.
(2) A floating offshore wind CFD unit is an offshore wind CFD unit that satisfies the floating offshore wind conditions.
(3) The applicant must demonstrate (in addition to the matter referred to in regulation 27(2)) that the relevant CFD unit is expected, by the target commissioning date, to satisfy the floating offshore wind conditions.
(4) The floating offshore wind conditions are that—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) all turbines forming part of the relevant CFD unit—
(i) are mounted on floating foundations; and
(ii) are situated in offshore waters of at least 45 metres depth (measured from the seabed to chart datum).
(1) This regulation applies where the relevant CFD unit is to be a remote island wind CFD unit.
(2) The applicant must demonstrate that the relevant CFD unit is expected, by the target commissioning date, to satisfy the remote island wind conditions.
(3) The remote island wind conditions referred to in paragraph (2) are that—
(a) the CFD unit generates electricity by the use of wind;
(b) the CFD unit is located on a remote island;
(c) the CFD unit is connected to the national transmission system for Great Britain or to a distribution system; and
(d) either—
(i) where the CFD unit is connected to the national transmission system for Great Britain, the generation circuit between the CFD unit and the main interconnected transmission system consists of not less than 50 kilometres of cabling, not less than 20 kilometres of which is subsea cabling; or
(ii) where the CFD unit is connected to a distribution system, the electrical connection between its grid supply point and the main interconnected transmission system consists of not less than 50 kilometres of cabling, not less than 20 kilometres of which is subsea cabling.
(4) In this regulation—
“cabling” means a conductor used for the carrying of electricity;
“generation circuit” has the meaning given to that term in the NETS SQSS;
“grid supply point” has the meaning given to that term in the NETS SQSS;
“main interconnected transmission system” has the meaning given to that term in the NETS SQSS;
“NETS SQSS” means the means the National Electricity Transmission System Security and Quality of Supply Standard, version 2.3, February 2017 issued by National Grid Electricity Transmission plc (registered company number 2366977);
“remote island” means an island—
located in offshore waters: and
the entirety of the coastline (measured from the mean low water mark) of which is situated not less than 10 kilometres from mainland Great Britain; and
“subsea cabling” means cabling which is laid on or under the sea bed.
27B Statements in relation to sustainable industry rewards
If required by a contract allocation framework or a sustainable industry reward allocation framework, the applicant must provide a copy of a sustainable industry reward statement that applies to the relevant CFD unit in respect of the allocation round.
(1) A contract allocation framework may in respect of an allocation round provide for requirements (“supplemental requirements”) in relation to any or all types of eligible generating station which are in addition to the requirements in this Chapter.
(2) To the extent that any supplemental requirements apply to an application, the applicant in respect of that application must satisfy those requirements as additional qualification requirements for the allocation round.
(3) Supplemental requirements may include any of the following requirements in relation to a CFD unit—
(a) the amount of electricity to be generated;
(b) location;
(c) the manner and security of supply of fuel to be used to generate electricity;
(d) the metering of electricity to be generated;
(e) the type of fuel to be used to generate electricity.
(1) An eligible generator may make a sustainable industry reward application to the Secretary of State if required or permitted by a sustainable industry reward allocation framework.
(2) The Secretary of State must not provide a sustainable industry reward statement in response to a sustainable industry reward application unless the Secretary of State is satisfied that—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) the sustainable industry reward application meets the minimum standards of likely contribution to the development and sustainability of supply chains, as set out in the sustainable industry reward allocation framework.
28B Particulars of sustainable industry reward application
(1) A sustainable industry reward application must comply with the requirements set out in the sustainable industry reward allocation framework in relation to that round.
(2) A sustainable industry reward applicant must—
(a) identify any information included in, or in support of, a sustainable industry reward application or otherwise provided to the Secretary of State in relation to a generating station to support the development and sustainability of supply chains which the sustainable industry reward applicant considers is commercially confidential; and
(b) where such information is identified, provide reasons why the sustainable industry reward applicant considers that the disclosure of that information (other than to the Secretary of State for the purposes of determining the sustainable industry reward application) may damage the commercial interests of the sustainable industry reward applicant or another person.
28C Providing sustainable industry reward statement or refusing application
The Secretary of State must, as soon as practicable after a sustainable industry reward application is received by the Secretary of State, give a notice to the sustainable industry reward applicant which includes—
(a) a sustainable industry reward statement which—
(i) confirms that the sustainable industry reward application meets the minimum standards of likely contribution to the development and sustainability of supply chains, as set out in the sustainable industry reward allocation framework;
(ii) states the allocation round for which the sustainable industry reward statement has effect; and
(iii) sets out the sustainable industry reward to which the sustainable industry reward applicant may be entitled and the obligations which must be fulfilled by that applicant in order to receive that reward; or
(b) a refusal of the sustainable industry reward application and the reasons for that refusal.
28D Confidentiality: sustainable industry reward applications
(1) The Secretary of State must not disclose any information included in, or in support of, a sustainable industry reward application or otherwise provided to the Secretary of State in relation to a generating station to support the development and sustainability of supply chains where that disclosure may, in the opinion of the Secretary of State, damage the commercial interests of any other person except—
(a) with the consent of that person;
(b) as required by or under an enactment or an order of the court; or
(c) to a permitted person for a permitted purpose, and the Secretary of State is satisfied that arrangements have been made with that person to prevent any further disclosure of that information by that person.
(2) In paragraph (1)—
“permitted person” means —
a public authority to which the Human Rights Act 1998 applies; or
a person providing services to the Secretary of State in relation to a permitted purpose or any officer, employee or agent of that person;
“permitted purpose” means—
to enable the Secretary of State to determine whether or not to provide a sustainable industry reward statement; or
to support the development and sustainability of supply chains.
28E Revision or withdrawal of sustainable industry reward statement
(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.
(1) The delivery body must determine in respect of an allocation round the valuations in paragraph (2)(“applications valuations”) for—
(a) each delivery year;
(b) the period comprising all delivery years; and
(c) any period after the last delivery year as may be set out in the contract allocation framework.
(2) The applications valuations are—
(a) the valuation of each application and all applications;
(b) the valuation of each qualifying application and all qualifying applications;
(c) the valuation of—
(i) each application which is subject to a non-qualification review or an appeal, where the review or appeal has not been determined; and
(ii) all such applications;
(d) where a pot applies for the allocation round, the valuation of—
(i) all applications to which the pot applies;
(ii) all qualifying applications to which the pot applies; and
(iii) all applications subject to a non-qualification review or an appeal, where the review or appeal has not been determined, to which the pot applies;
(e) where maxima or minima apply, the valuation of—
(i) all applications to which maxima or minima apply;
(ii) all qualifying applications to which maxima or minima apply; and
(iii) all applications subject to a non-qualification review or an appeal, where the review or appeal has not been determined, to which maxima or minima apply.
(3) The applications valuations—
(a) must be carried out in accordance with the appropriate method of calculation set out in the contract allocation framework; and
(b) must not include the valuation of an application which has been withdrawn at the date on which the valuation is carried out.
(4) The delivery body must make available to the Secretary of State the applications valuations.
(5) The contract allocation framework for the allocation round must set out the dates by which the applications valuations must be carried out.
(6) The contract allocation framework for the allocation round may—
(a) set out a period after the last delivery year for which applications valuations are required; and
(b) require the delivery body—
(i) to make available such further information or analysis in respect of such applications valuations as may be specified in the contract allocation framework;
(ii) to provide some or all of the applications valuations to a person or persons (other than the Secretary of State) as may be specified in the contract allocation framework; and
(iii) to make publicly available any or all of the applications valuations on such date or dates as may be specified in the contract allocation framework.
30 Requirements applicable to contract allocation frameworks
(1) A contract allocation framework must ensure that, in respect of an allocation round to which it applies, the contract allocation process included in the framework complies with the following paragraphs.
(2) Except in respect of a CFD notification which is required to be made further to Part 8—
(a) the total value of qualifying applications for which CFD notifications are to be given must not exceed the contract budget; and
(b) a contract allocation process must not result in an application being a successful application if that result would be in breach of sub-paragraph (a).
(3) Subject to paragraph (2)(b), where minima apply to an allocation round and the value of qualifying applications to which the minima apply is less than or equal to the minima, the contract allocation process must result in—
(a) all those applications being successful applications; and
(b) the final strike price which applies to those successful applications being the administrative strike price applicable to those applications.
(4) Where maxima apply to an allocation round, the contract allocation process must result in the value of successful applications to which such maxima apply not exceeding the maxima.
(5) Subject to paragraph (2)(b), for those applications where maxima do not apply or the maxima are not exceeded, the contract allocation process must result in—
(a) all those applications being successful applications; and
(b) the final strike price which applies to those successful applications being the administrative strike price applicable to those applications.
(6) Except for those applications which become successful applications further to paragraph (3) or (5), the contract allocation process must include a competitive process (or more than one) which when complied with by the delivery body enables the delivery body to determine—
(a) which qualifying applications are successful applications; and
(b) the final strike price applicable to those successful applications.
(7) The administrative strike price applicable to a qualifying application must be the maximum final strike price which may apply to that application.
(8) The contract allocation process must apply to each qualifying application.
(9) Paragraphs (2) and (4) are subject to regulation 11(4A).
31 Non-qualification review and appeal deadline dates
(1) The contract allocation framework may specify in respect of an allocation round—
(a) the non-qualification review request date; and
(b) the appeals deadline date.
(2) The Secretary of State must, in such manner as the Secretary of State thinks appropriate, publish in respect of an allocation round a date on which the Secretary of State is minded to require the contract allocation process for the allocation round to commence (“the post-appeals indicative start date”).
(3) The post-appeals indicative start date must be no earlier than 10 working days after the appeals deadline date.
(1) The delivery body must give a notice to the Secretary of State and the Authority as soon as practicable after the non-qualification review request date stating the number, if any, of review notices received.
(2) Paragraph (3) applies where—
(a) the delivery body gives a notice under paragraph (1) which states that at least one review notice has been received; and
(b) in respect of at least one request made for a non-qualification review, the delivery body upholds the non-qualification determination.
(3) Where this paragraph applies, the Authority must give a notice to the Secretary of State and the delivery body as soon as practicable after the appeals deadline date stating the number, if any, of qualification appeals made.
(4) Paragraph (5) applies where a notice has been given under paragraph (3) which states that at least one qualification appeal has been made.
(5) Where this paragraph applies, the Authority must give a notice to the Secretary of State and the delivery body by no later than 10 working days before the post-appeals indicative start date which states—
(a) the number, if any, of qualification appeals which are not determined at the date on which the notice is given; and
(b) where at least one qualification appeal is not determined, the estimated date for its determination.
(6) Paragraph (7) applies where a notice has been given under paragraph (5) which states that at least one qualification appeal is not determined.
(7) Where this paragraph applies, the Authority must give a notice to the Secretary of State and the delivery body by no later than 3 working days before the post-appeals indicative start date which states the matters set out in paragraph (5)(a) and(b).
(8) Paragraph (9) applies where a notice has been given under paragraph (7) which states that at least one qualification appeal is not determined.
(9) Where this paragraph applies, the Authority must give a notice to the Secretary of State and the delivery body which states the matters set out in paragraph (5)(a) and (b)—
(a) by no later than 10 working days after the post-appeals indicative start date; and
(b) where a notice is given under sub-paragraph (a) which states that at least one qualification appeal is not determined, at no later than 10 working day intervals thereafter until all qualification appeals are determined by the Authority.
33 Commencement of the contract allocation process
(A1) Where the delivery body determines that all applications made further to an allocation round are qualifying applications (whether under regulation 17 or following any non-qualification review under regulation 20), the delivery body must commence the contract allocation process as soon as reasonably practicable after the date of the last notice given under regulation 19, or as the case may be, last non-qualification review notice.
(1) Where a notice is given under—
(a) regulation 32(1) that no review notice has been received, the delivery body must commence the contract allocation process as soon as practicable after the date on which the delivery body gives the notice;
(b) regulation 32(3) that no qualification appeal has been received, the delivery body must commence the contract allocation process as soon as practicable after the date on which the delivery body receives the notice;
(c) regulation 32(5) or (7) which states that no qualification appeal is not determined, the delivery body must commence the contract allocation process as soon as practicable after the date on which the delivery body receives the notice;
(d) regulation 32(9) which states that at least one qualification appeal is not determined, the delivery body must not commence the contract allocation process unless the delivery body receives a notice under paragraph (2).
(2) The Secretary of State may give a notice to the delivery body which directs the delivery body to commence the contract allocation process on the date stated in the notice (“the directed date”), which must be a date after the appeals deadline date.
(3) Where a notice is given under paragraph (2), the Secretary of State may withdraw it by giving a notice to that effect to the delivery body at any time before the directed date.
(4) A copy of a notice given under paragraph (2) or (3) must be given by the Secretary of State to the Authority.
(5) Where—
(a) before the directed date a qualification appeal is determined; and
(b) the application subject to the qualification appeal is determined as a qualifying application,
the Authority must immediately give a notice to the Secretary of State and the delivery body stating details of that qualifying application.
(6) Where further to this regulation the delivery body must commence the contract allocation process, the delivery body must give a notice to the CFD counterparty which states—
(a) when the contract allocation process has commenced; and
(b) which qualification appeals are not determined at that date.
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.
(1) The delivery body must give a notice to the Secretary of State once the delivery body is satisfied that it has completed the contract allocation process.
(2) The delivery body must provide to the CFD counterparty—
(a) a copy of a notice given under paragraph (1); and
(b) a statement of which qualification appeals, if any, are not determined at the date of the notice.
(1) The delivery body must obtain an audit of the calculations—
(a) likely to be made by it in the contract allocation process in relation to an estimated budget as soon as reasonably practicable after an estimated budget notice has been given to the delivery body; and
(b) made by it in the contract allocation process as soon as reasonably practicable after a notice is given under regulation 35(1) (completion of the contract allocation process).
(2) An audit under paragraph (1) must—
(a) be carried out by a person (“the auditor”) independent of the delivery body and who is qualified to perform an audit of the calculations made in the contract allocation process; and
(b) include provision of a report to the delivery body (“an audit report”) which—
(i) sets out whether or not the auditor considers that calculations have been made correctly and accurately; and
(ii) where applicable, identifies any calculations which the auditor considers were not correctly or accurately made and identifies the consequences of those calculations.
(3) Where during a contract allocation process bids of strike prices are made—
(a) the audit report must not include any information which would enable the identification of which bids were made by which applicant; and
(b) the delivery body must provide details of those bids to—
(i) the auditor; and
(ii) the Authority, where the Authority requests the details.
(4) Subject to paragraph (5), where the delivery body is provided with an audit report it must make the report publicly available as soon as practicable after Part 6 applies to the allocation round.
(5) The delivery body may exclude from publication any part of the audit report which the delivery body considers to contain commercially confidential information.
(6) In this regulation, “audit of the calculations” means an audit of whether or not the calculations required by the contract allocation framework were—
(a) applied correctly; and
(b) made accurately.
37 Provision of audit report to the Secretary of State
(1) Subject to regulation 40(1), as soon as practicable after the audit report is received, the delivery body must give a notice to the Secretary of State which—
(a) includes the audit report; and
(b) only where a report is obtained under regulation 36(1)(b), having regard to that report, states whether the delivery body intends—
(i) to proceed in accordance with Part 6 and, if so, the date on which it intends to do so (“a proceed notice”); or
(ii) to re-run the contract allocation process or any part of it as set out in the notice and, if so, the date on which it intends to commence the re-run (“a re-run notice”).
(2) A date under paragraph (1)(b) must be not be earlier than 2 working days after the date of the notice.
38 Proceeding, re-running a contract allocation process or terminating an allocation round
(1) ... Where the delivery body gives—
(a) a proceed notice, the Secretary of State may give the delivery body a direction—
(i) to re-run the contract allocation process or a part of it as set out in the direction and when to commence the re-run (“a re-run direction”); or
(ii) to take no further steps in respect of the allocation round (“a halt direction”);
(b) a re-run notice, the Secretary of State may give the delivery body—
(i) a direction to proceed in accordance with Part 6 and when to do so (“a proceed direction”); or
(ii) a halt direction.
(2) A direction under paragraph (1) may not be given later than 2 working days after the date of the proceed notice or the re-run notice.
(3) The Secretary of State must give a termination notice as soon as practicable after giving a halt direction.
(1) Paragraph (2) applies where the delivery body—
(a) gives a re-run notice and does not receive in respect of that notice—
(i) a proceed direction; or
(ii) a halt direction; or
(b) receives a re-run direction.
(2) Where this paragraph applies, the delivery body must—
(a) ... in accordance with the re-run notice or re-run direction commence the re-run of the contract allocation process or part of it; and
(b) after completion of the re-run, comply with regulation 35.
(3) The contract allocation framework may, in respect of an allocation round to which it applies, set out periods within which the delivery body must complete any re-run of the contract allocation process or part of it.
40 Delay after completion of contract allocation processes
(1) Where the delay period has expired—
(a) a proceed notice or a re-run notice must not be given; and
(b) the delivery body must not re-run part only of the contract allocation process.
(2) Where paragraph (1) applies the delivery body must—
(a) re-run the contract allocation process;
(b) comply with regulation 34(2) to (6); and
(c) after completion of the re-run, comply with regulation 35 and Chapter 4 of this Part.
(3) In this regulation, “delay period” means—
(a) where a variation notice was not required to be given when the contract allocation process commenced, a period of more than 5 months has expired since the application closing date; or
(b) where a variation notice was required to be given when the contract allocation process commenced, a period of more than 5 months has expired since the date on which the variation notice was required to be given.
(4) The contract allocation framework for the allocation round may provide for a period other than “5 months” stated in paragraph (3)(a) or (b) and where such other period is provided, “delay period” has effect with that modification.
This Part applies where the delivery body—
(a) gives a proceed notice and does not receive in respect of that notice—
(i) a re-run direction; or
(ii) a halt direction; or
(b) receives a proceed direction.
42 Timing and content of CFD notifications and notices
(1) The delivery body must comply with this regulation—
(a) where a proceed notice applies, as soon as practicable after the period specified in regulation 38(2) to receive a re-run direction or a halt direction has expired;
(b) where a proceed direction applies, in accordance with the time period in that notice.
(2) The delivery body must in respect of each successful application—
(a) concerning a phased offshore wind CFD unit, give a CFD notification in respect of each phase; or
(b) where sub-paragraph (a) does not apply, give a CFD notification.
(3) A CFD notification must state the final strike price applicable to the successful application and include such information—
(a) supplied by the applicant to the delivery body with the application; or
(b) as may be contained in the contract allocation framework,
which enables the CFD counterparty to complete the terms and conditions applicable to the intended CFD.
(3A) The delivery body must, when it gives a CFD notification, inform—
(a) the relevant applicant; and
(b) the Secretary of State,
of the CFD unit to which the CFD notification relates.
(3B) The delivery body must inform the Secretary of State when it gives the final CFD notification for an allocation round.
(4) Paragraph (5) applies to each qualifying application which is not a successful application, other than a pending application.
(5) Where this paragraph applies, the delivery body must give a notice to each applicant in respect of the qualifying application made by the applicant which states—
(a) that a CFD notification is not given in respect of the qualifying application; and
(b) the reason why a CFD notification is not given.
42A Updating the sustainable industry reward statement
(1) This regulation applies where an applicant has a sustainable industry reward statement that applies to two or more CFD units, one or more of which is the subject of a CFD notification.
(2) The Secretary of State must make any amendments to the sustainable industry reward statement that the Secretary of State considers are necessary to make clear how the statement applies in respect of each of the CFD units that is the subject of a CFD notification.
(3) The Secretary of State must take account of any representations made by the applicant by the end of the period of 5 working days beginning with the notification date.
(4) By the end of the period of 10 working days beginning with the notification date, the Secretary of State must give notice of any amendments made pursuant to paragraphs (2) and (3) to the applicant and the CFD counterparty.
(5) In this regulation, “the notification date” means the date on which the Secretary of State receives notification from the delivery body that it has given its final CFD notification in relation to the allocation round.
(1) Where—
(a) a non-qualification review notice has been given to an applicant;
(b) in that notice, a non-qualification determination is upheld; and
(c) the applicant disputes that determination,
the applicant may apply to the Authority to determine that dispute (“a qualification appeal”).
(2) A qualification appeal must be made—
(a) by notice to the Authority;
(b) in such form and manner as the Authority requires; and
(c) by no later than 5 working days after the date of the non-qualification review notice (“the appeals deadline date”).
(1) A qualification appeal must contain—
(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 qualification appeal.
(2) A qualification appeal must be accompanied by copies of—
(a) the non-qualification determination and the non-qualification review notice;
(b) any information or evidence submitted to the delivery body in support of the non-qualification review; and
(c) any other documentary evidence on which the applicant wishes to rely in support of the qualification appeal and which—
(i) was provided to the delivery body in support of the non-qualification review; or
(ii) is needed to show what evidence was before the delivery body when it upheld the non-qualification determination.
(3) A qualification appeal must not include any other documentary evidence.
(4) A copy of a qualification appeal must be sent by the applicant to the delivery body at the same time as it is sent to the Authority.
(1) Where a qualification appeal has been made in accordance with regulations 43 and 44, the Authority must give a notice to the delivery body which—
(a) identifies the applicant and the non-qualification determination; and
(b) states that—
(i) a qualification appeal has been made; and
(ii) the delivery body may reply to the qualification appeal.
(2) The delivery body may reply to a qualification appeal where it receives a notice under paragraph (1) and such a reply must be given—
(a) to the applicant and the Authority; and
(b) by no later than 5 working days after the date of the notice given under paragraph (1).
(1) The Authority must determine a qualification appeal as soon as practicable.
(2) The determinations which the Authority may make are—
(a) to uphold the non-qualification determination; or
(b) that the applicant is a qualifying applicant.
(2A) The Authority may by notice require the delivery body to provide it with information to assist the Authority to determine a qualification appeal.
(2B) Where the delivery body—
(a) holds the information required by the notice, it must provide the Authority with the information;
(b) only holds part of the information required by the notice, it must provide the Authority with the information it holds and a statement describing the information that it does not hold;
(c) does not hold any of the information required by the notice, it must provide the Authority with a statement that it does not hold the information.
(2C) The delivery body must provide the information required by the notice by no later than 5 working days after the date of the notice.
(3) Where the Authority has made a determination, it must give a notice to the applicant , the Secretary of State and the delivery body which—
(a) states the determination of the Authority; and
(b) the date of the determination.
(4) A notice under paragraph (3) must be given as soon as practicable after the date of the determination by the Authority.
(1) Where the Authority upholds a non-qualification determination, the applicant may make an appeal to the High Court or, in Scotland, the Court of Session, on a point of law.
(2) An appeal under paragraph (1) must be made by no later than 28 days after the date on which the notice is given under regulation 46(3) which states that the non-qualification determination is upheld.
(1) The delivery body must establish and maintain a register of any qualification appeals (“the appeals register”).
(2) The appeals register must include details of—
(a) the name of an applicant making a qualification appeal;
(b) the CFD unit included in the non-qualification determination; and
(c) when made, the determination of the Authority.
(3) The details of a qualification appeal must be removed from the appeals register as soon as practicable after one year from the date of the determination of the Authority in respect of that appeal.
(4) Subject to paragraph (5), the appeals register must be made publicly available.
(5) The delivery body must not make publicly available on the appeals register any qualification appeal made under an allocation round until after Part 6 applies to that round.
(1) This Part applies where, at the time that the contract allocation process for the allocation round commences—
(a) an applicant has in accordance with regulations 43 and 44 made a qualification appeal in respect of an application and that appeal has not been determined;
(b) an applicant has in accordance with regulations 43 and 44 made a qualification appeal in respect of an application and the Authority has upheld the non-qualification determination but the time to appeal referred to in regulation 47(2) has not expired; or
(c) an applicant has in accordance with regulation 47 made an appeal to the High Court or the Court of Session in respect of an application and that appeal has not been determined by the relevant court.
(2) An application to which paragraph (1) applies is a “pending application” and an applicant to whom paragraph (1) applies is a “pending applicant”.
(1) Paragraphs (2) and (3) apply where, under the contract allocation framework, an applicant in respect of an application equivalent to the pending application (“an equivalent application”) is entitled to make a bid of strike prices before or during the contract allocation process.
(2) Where this paragraph applies, the delivery body—
(a) must ensure that the pending applicant is able to make bids of strike prices in respect of the pending application to the same extent as an applicant may make such bids in respect of an equivalent application; and
(b) must not apply any bid (“a pending bid”) made by a pending applicant in the contract allocation process.
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Where this paragraph applies, the delivery body must destroy a pending bid—
(a) if an appeal by the pending applicant is made to the High Court or the Court of Session under regulation 47 and the court rejects the appeal; or
(b) if no appeal is made under regulation 47.
51 Successful applications determined by the Authority
(1) This regulation applies where the Authority determines that a pending application is a qualifying application after the contract allocation process for the allocation round commenced.
(1A) Paragraph (1B) applies where the delivery body—
(a) receives a notice from the Authority in accordance with regulation 46(3) that states the determination of the Authority is that an applicant is a qualifying applicant; and
(b) has not given a proceed notice under regulation 37(1)(b)(i) in respect of the most recent run of the contract allocation process for the allocation round.
(1B) Where this paragraph applies, the delivery body must—
(a) re-run such part of the contract allocation process as is necessary to determine whether the applicant’s pending application is a successful application; and
(b) after completion of the re-run, comply with regulation 35.
(2) Where the contract allocation process, or such part of it as applies to equivalent applications, is to be re-run further to Chapter 4 or 5 of Part 5 or paragraph (1B), the delivery body must ensure that the re-run process includes any pending application which is determined as a qualifying application.
(3) Where—
(a) after a proceed notice has been given, the delivery body receives a notice from the Authority in accordance with regulation 46(3) which states that the determination of the Authority is that an application is a qualifying application; and
(b) no direction has been given under regulation 38(1)(a) within the period specified in regulation 38(2),
the delivery body must determine whether or not the pending application is a successful application in accordance with the contract allocation framework for the allocation round.
(4) Subject to paragraph (5), paragraph (6) applies where—
(a) a variation notice was not required to be given when the contract allocation process commenced and a period of more than 5 months has expired since the application closing date; or
(b) a variation notice was required to be given when the contract allocation process commenced and a period of more than 5 months has expired since the date on which the variation notice was required to be given.
(5) The contract allocation framework for the allocation round may provide for a period other than “5 months” stated in paragraph (4)(a) or (b) and where such other period is provided, paragraph (4) has effect with that modification.
(6) Where this paragraph applies—
(a) the delivery body must give a notice to the pending applicant stating that target dates may be delayed by the applicant;
(b) if the pending applicant wishes to delay the target dates, the applicant 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; and
(c) if such delayed target dates are provided, the delivery body must make the determination under paragraph (3) using the varied target dates.
(7) The delivery body must make the determination required by paragraph (3) having regard to any pending bid made by the pending applicant, including any flexible bid.
(8) Where a pending application is a successful application, the delivery body must comply with regulation 42(2) in respect of that application.
(9) Paragraph (8) applies notwithstanding that the contract budget for the allocation round may be exceeded by reason of giving a CFD notification in respect of the pending application.
(10) In paragraph (7), “flexible bid” means a bid, where it is permitted under the contract allocation framework, in which the applicant specifies—
(a) a strike price;
(b) the first delivery year as a year the same as or after the first delivery year set out in the applicant’s application;
(c) a target commissioning window start date as a date on or after the target commissioning window start date provided by the applicant with the applicant’s application; and
(d) the amount of electricity to be generated as an amount which is no greater than the amount set out in the applicant’s application.
52 Appeals to the High Court or the Court of Session
(1) This regulation applies where—
(a) under regulation 47 a pending applicant has made an appeal to the High Court or the Court of Session in respect of a pending application; and
(b) the court holds that the Authority made an error of law in upholding the non-qualification determination in respect of the application.
(2) The court may in its discretion—
(a) remit the pending application to the Authority to re-consider the non-qualification determination;
(b) hold that the pending application is a qualifying application and require the delivery body to comply with, as appropriate, regulation 51(2) or (3) as is relevant to the application; or
(c) grant such further or other remedy as it thinks fit.
(3) Where—
(a) paragraph (2)(a) applies; and
(b) on a re-consideration the Authority determines that the pending application is a qualifying application,
the delivery body must comply with regulation 51(2) or (3) as is relevant to the application.
(1) The delivery body must comply with paragraphs (2) and (3) in respect of a pending application where—
(a) the Authority upholds a non-qualification determination and the pending applicant does not make an appeal under regulation 47 to the High Court or the Court of Session;
(b) the High Court or the Court of Session does not uphold an appeal; or
(c) regulation 52(2)(a) applies and the Authority determines that the pending application is not a qualifying application.
(2) The delivery body must give a notice to the pending applicant that states that no CFD notification is given in respect of the application and gives reasons for that statement.
(3) A notice under paragraph (2) must be given as soon as practicable after, as appropriate,—
(a) the time to appeal expires under regulation 47;
(b) the date of judgement of the court; or
(c) the date of the determination by the Authority under paragraph (1)(c).
(1) The delivery body must make available to the Secretary of State details of the matters specified in paragraph (2) in respect of an allocation round, in such form and at such times as the Secretary of State directs.
(2) The matters referred to in paragraph (1) are—
(a) all applicants and all the relevant CFD units included in the applications made by them, excluding the applicants and the relevant CFD units of those applicants who withdrew all of the applications made by them;
(b) in respect of those relevant CFD units included in sub-paragraph (a), the capacity of electricity to be generated including, where the relevant CFD unit is an offshore wind CFD unit to be constructed in phases, the capacity of electricity to be generated under each phase;
(c) all qualifying applicants and qualifying applications;
(d) all successful applicants and successful applications and in respect of those applications—
(i) the final strike price; and
(ii) their valuation, made in accordance with the contract allocation framework which applied to the allocation round; and
(e) subject to paragraph (3) and paragraph (3A), such other matters as the Secretary of State directs the delivery body to make available.
(3) The Secretary of State may only direct the delivery body to provide information in respect of bids of strike prices in an anonymised form.
(3A) The Secretary of State must not direct the delivery body to provide the content of any pending bid.
(4) The Secretary of State may disclose information obtained under paragraph (3) to a person providing services to the Secretary of State in connection with the evaluation of any allocation round, to the extent that the disclosure is required to enable that person to provide those services.
Requirements imposed on the delivery body by these Regulations or under a contract allocation framework are to be treated as relevant requirements on the delivery body as a regulated person for the purposes of section 25 of the Electricity Act 1989.
(1) A direction given by the Secretary of State under section 10(1) of the Act must—
(a) be in writing and be dated;
(b) specify a date by which the CFD counterparty to whom it is given must comply with the direction; and
(c) specify the period for which the CFD counterparty must keep the offer of a contract on the specified terms open for acceptance, subject to regulation 59.
(2) The date specified in accordance with paragraph (1)(b) must be no earlier than 20 working days from and including the date on which the direction is given.
(1) No later than 5 working days after the date on which a direction under section 10(1) of the Act is given, the Secretary of State must give a copy of the direction to each specified person.
(2) Where a specified person is an unincorporated association, the Secretary of State must give a copy of the direction to each member of the unincorporated association.