# The Contracts for Difference (Allocation) Regulations 2014, Regulation 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—
(a)the offer lapsed; or
(b)the CFD was entered into;
...

---
Source: https://www.legislation.gov.uk/uksi/2014/2011/regulation/14A (the official version)
Page: https://openlegislation.uk/contracts-for-difference-allocation-regulations-2014/regulation-14A
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.