The Contracts for Difference (Allocation) Regulations 2014

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Successful applications determined by the AuthorityE+W+S

This section has no associated Explanatory Memorandum

51.—(1) This regulation applies where the Authority determines that a pending application is a qualifying application after the [F1contract allocation process] for the allocation round commenced.

[F2(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 [F1contract allocation process] for the allocation round.

(1B) Where this paragraph applies, the delivery body must—

[F3(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 [F1contract 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 [F4or paragraph (1B)], the delivery body must ensure that the re-run process includes any pending application which is determined as a qualifying application.

[F5(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 [F1contract 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 [F1contract 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 [F6contract 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 [F7target dates] may be [F8delayed] by the applicant;

(b)if the pending applicant wishes to [F9delay] the target dates, the applicant must do so by giving a notice to the delivery body with any [F8delayed] target dates by no later than 5 working days after the date of the variation notice; and

(c)if such [F8delayed] 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, [F10including any flexible bid].

(8) Where a pending application is a successful application, the delivery body must comply with [F11regulation 42(2)] in respect of that application.

(9) Paragraph (8) applies notwithstanding that the [F12contract budget] for the allocation round may be exceeded by reason of giving a CFD notification in respect of the pending application.

[F13(10) In paragraph (7), “flexible bid” means a bid, where it is permitted under the [F6contract 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 [F14window start] date as a date on or after the target commissioning [F14window 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.]

Textual Amendments

F1Words in reg. 51 substituted (13.6.2024) by The Contracts for Difference (Sustainable Industry Rewards) Regulations 2024 (S.I. 2024/710), regs. 1(1), 48(a)

F2Reg. 51(1A)(1B) inserted (20.7.2016) by The Contracts for Difference (Miscellaneous Amendments) Regulations 2016 (S.I. 2016/784), regs. 1(1), 16(a)

F3Reg. 51(1B)(a) substituted (24.6.2026) by The Contracts for Difference (Allocation) (Amendment) Regulations 2026 (S.I. 2026/678), regs. 1(2), 7(2)

F4Words in reg. 51(2) inserted (20.7.2016) by The Contracts for Difference (Miscellaneous Amendments) Regulations 2016 (S.I. 2016/784), regs. 1(1), 16(b)

F5Reg. 51(3) substituted (24.6.2026) by The Contracts for Difference (Allocation) (Amendment) Regulations 2026 (S.I. 2026/678), regs. 1(2), 7(3)

F6Words in reg. 51 substituted (13.6.2024) by The Contracts for Difference (Sustainable Industry Rewards) Regulations 2024 (S.I. 2024/710), regs. 1(1), 48(b)

F7Words in reg. 51(6)(a) substituted (20.7.2016) by The Contracts for Difference (Miscellaneous Amendments) Regulations 2016 (S.I. 2016/784), regs. 1(1), 16(d)(i)

F8Word in reg. 51(6)(a)-(c) substituted (20.7.2016) by The Contracts for Difference (Miscellaneous Amendments) Regulations 2016 (S.I. 2016/784), regs. 1(1), 16(d)(ii)

F9Word in reg. 51(6)(b) substituted (20.7.2016) by The Contracts for Difference (Miscellaneous Amendments) Regulations 2016 (S.I. 2016/784), regs. 1(1), 16(d)(iii)

F10Words in reg. 51(7) substituted (20.7.2016) by The Contracts for Difference (Miscellaneous Amendments) Regulations 2016 (S.I. 2016/784), regs. 1(1), 16(e)