The Contracts for Difference (Miscellaneous Amendments) Regulations 2016

“(4A)

Where an eligible generator is an unincorporated association, any reference to—

(a)

that “eligible generator”; or

(b)

a “person”, “applicant”, “generator” or “party”,

is to be read as a reference to the unincorporated association.

(4B)

Paragraph (4A) does not apply to—

(a)

paragraphs (4), (5) and (8) of regulation 14B of the Allocation Regulations;

(b)

regulation 14D of the Allocation Regulations;

(c)

regulation 59 of the Allocation Regulations;

(d)

sub-paragraphs (a), (b), (c), (e) and (f) of paragraph 2 of Schedule 1 to the Allocation Regulations;

(e)

paragraph 4 of Schedule 1 to the Allocation Regulations;

(f)

regulation 7 of the General Regulations;

(g)

Part 3 of the General Regulations.”;

““the Allocation Regulations” means the Contracts for Difference (Allocation) Regulations 20143;”;

““the General Regulations” means the Electricity Market Reform (General) Regulations 20144.”

““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 19895;”;

““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 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;”;

““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 19716.”.

“(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 20147 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.”.

“(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.”;

“(3)

The 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 allocation process or part of it.”.

“(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.”;

“(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 allocation process for the allocation round.

(1B)

Where this paragraph applies, the delivery body must—

(a)

re-run the allocation process; and

(b)

after completion of the re-run, comply with regulation 35.”;

“(10)

In paragraph (7), “flexible bid” means a bid, where it is permitted under the 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 date as a date on or after the target commissioning 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.”.

“(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;”;

“(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.”;

“(iv)

the target dates;”;

“(2)

Where an applicant is an unincorporated association, the requirement relating to the applicant in sub-paragraph (1) applies in relation to each member of the unincorporated association.”.

“(1A)

In paragraph (1), “the relevant number of copies” means—

(a)

two copies; or

(b)

where the eligible generator is an unincorporated association, the number of copies required for there to be one for each member of the unincorporated association and one for the CFD counterparty.”;