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85 provisions
59 Directions ceasing to have effect
(1) A direction given under section 10(1) of the Act ceases to have effect, if the specified person (or, if there is more than one specified person, any of them)—
(a) rejects the offer to contract on the specified terms; or
(b) does not accept the offer to contract on the specified terms before the expiry of the period specified pursuant to regulation 57(1)(c).
(2) If a direction ceases to have effect in accordance with paragraph (1), the CFD counterparty must withdraw any offer of a contract that it has made in compliance with that direction.
(1) If a CFD counterparty offers a CFD in accordance with a direction given under section 10(1) of the Act and subsequently enters into that CFD, the CFD counterparty must publish that CFD, subject to paragraph (2).
(2) The CFD counterparty must exclude any confidential information from the CFD that is published.
(3) For the purposes of paragraph (2), “confidential information” means information—
(a) which is identified in the specified terms as information to which paragraph (4) applies; and
(b) in relation to which it is an initial term of the CFD that it must not be disclosed.
(4) This paragraph applies to information if, in the opinion of the Secretary of State at the time the relevant direction is given, it is information—
(a) which constitutes a trade secret;
(b) the disclosure of which would or would be likely to prejudice the commercial interests of any person; or
(c) the disclosure of which would constitute a breach of confidence actionable by any person.
(5) Paragraph (4) does not apply to any strike price or reference price which may be included in the contract.
(6) In this regulation—
“initial term” means a term of a CFD which is agreed at the time the CFD is first entered into;
“reference price” means the sum that may be specified in, or determined under, the CFD as the reference price in respect of electricity generated in the period specified in, or determined under, the contract;
“strike price” means the sum that may be specified in, or determined under, the CFD as the strike price in respect of electricity generated in the period specified in, or determined under, the contract.
In this Part—
“specified person” means a person specified in the direction as the person with whom the CFD counterparty must offer to contract;
“specified terms” means the contract terms specified in the direction.
Regulation 17(4)
1 The following is the information referred to in regulation 17(4) which must be provided by an applicant.
2 (1) In respect of the applicant—
(a) the name of the applicant;
(b) the name of any person whom the applicant intends will enter into the CFD on the applicant’s behalf in respect of the CFD unit;
(c) where the applicant is a UK registered company, the company registration number of the applicant;
(ca) where the applicant is an unincorporated association, the name of the person whom the applicant intends will act as representative for the parties to the unincorporated association in the CFD;
(d) where the applicant is not a corporate body—
(i) whether the applicant has a legal personality; and
(ii) if not, the person whom the applicant intends will enter into the CFD on the applicant’s behalf in respect of the CFD unit;
(e) where the applicant is VAT registered, the VAT registration number of the applicant;
(f) where the applicant is a company but not registered in the UK—
(i) the company registration number (or an equivalent identifier) in the jurisdiction in which it is registered; and
(ii) if applicable, the registration number (if any) for any equivalent to VAT for which the company must account in the jurisdiction in which it is registered.
(2) Where an applicant is an unincorporated association—
(a) the requirement relating to the applicant in paragraph (a) of sub-paragraph (1) applies in relation to the unincorporated association and each member of the unincorporated association;
(b) the requirements relating to the applicant in paragraphs (b), (c), (e) and (f) of sub-paragraph (1) apply in relation to each member of the unincorporated association;
(c) paragraph (d) does not apply.
3 In respect of the relevant CFD unit—
(a) the following which apply (or are intended by the applicant to apply) to the unit—
(i) name;
(ii) location;
(iii) capacity in megawatts; and
(iv) the target dates;
(v) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) where the unit is an offshore wind CFD unit, whether or not it is to be constructed in phases and, if it is,—
(i) the amount of electricity to be generated by each phase; and
(ii) the target dates for completion of each phase of construction;
(c) the type of eligible generating station; and
(d) which reference price (as defined in the contract allocation framework) applies to the CFD unit.
4 (1) A statement by the applicant which states whether or not—
(a) an accreditation applies to the relevant CFD unit; or
(b) an application has been made by the applicant for such accreditation, which application has not been determined.
(2) Where an applicant is an unincorporated association—
(a) the requirement relating to the applicant in paragraph (a) of sub-paragraph (1) applies in relation to the unincorporated association and each member of the unincorporated association;
(b) the requirements relating to the applicant in paragraphs (b), (c), (e) and (f) of sub-paragraph (1) apply in relation to each member of the unincorporated association;
(c) paragraph (d) does not apply.
5 Such other information concerning the applicant or the application as may be set out in the contract allocation framework which applies to the allocation round and in such form as may be required by that framework.
Regulation 56
1 The provisions of this Schedule apply to a document, which includes an application, direction, notice, qualification appeal, register, reply, report, request or statement.
2 A document must be in writing and dated.
3 A document given to a person on a non-working day is to be treated as given on the next following working day.
4 A document may be given to a person by—
(a) delivering it to that person in person;
(b) leaving it at that person’s proper address;
(c) sending it by post or fax to that person’s proper address;
(d) sending it by email to that person; or
(e) submitting it by means of a dedicated portal on that person’s website.
5 For the purposes of paragraph 4(a) a document is given to—
(a) a body corporate, where it is given to a person having control or management of that body;
(b) a partnership, where it is given to a partner or a person having control or management of the partnership business;
(c) an unincorporated association, where it is given to a person having management responsibilities in respect of the association.
6 For the purposes of paragraph 4(d), a document is given to—
(a) a body corporate, where it is sent to an email address of—
(i) the body corporate; or
(ii) a person having control or management of that body,
where that address is supplied by that body for the conduct of the affairs of that body;
(b) a partnership, where it is sent to an email address of—
(i) the partnership; or
(ii) a partner or a person having control or management of the partnership business,
where that address is supplied by that partnership for the conduct of the affairs of that partnership;
(c) an unincorporated association, where it is sent to an email address of a person having management responsibilities in respect of the association, where that address is supplied by that association for the conduct of the affairs of that association.
7 A person may, in substitution for the proper address which would otherwise apply, specify an address in the United Kingdom at which that person or someone on that person’s behalf may be given documents, which address is to be treated instead as that person’s proper address.
8 In this Schedule—
“dedicated portal” means a facility on a person’s website which is established to allow electronic communication with that person;
“proper address” means in the case of—
a body corporate, the registered office (if it is in the United Kingdom) or the principal office of that body in the United Kingdom;
a partnership, the principal office of the partnership in the United Kingdom;
any other person, that person’s last known address, which includes an email address.