OpenLegislation

Regulation 14B Grounds for granting exemption certificatesF1

(1)

Where a request is made in accordance with regulation 14C(6), the Secretary of State may give an exemption certificate to an eligible generator (“E”) who intends to make an application to which a temporary site exclusion applies.

(2)

No exemption certificate may be given unless the Secretary of State is satisfied that at least one of the following grounds applies in respect of the intended application.

(3)

Ground 1 is that—

(a)

the area of site A is less than 51% of the area of the excluded site; and

(b)

the area of the excluded site is less than 51% of the area of site A.

(4)

Ground 2 is that—

(a)

E holds a relevant property interest in all of site B;

(b)

the interest was held by E before 14th October 2014;

(c)

E is not the person (“P1”) who, as appropriate, did not accept the offer of a CFD before the offer lapsed or was a party to the CFD which was terminated; and

(d)

where E is a body corporate or a limited liability partnership and E is not P1, E is not associated with P1.

(5)

Ground 3 is that—

(a)

E holds a relevant property interest in all of site B;

(b)

the interest did not exist before 14th October 2014;

(c)

E acquired that interest from a person (“P2”) who held a relevant property interest in all of site B before 14th October 2014;

(d)

E is not the person (“P3”) who, as appropriate, did not accept the offer of a CFD before the offer lapsed or was a party to the CFD which was terminated;

(e)

P2 is not P3 and where P2 is a body corporate or a limited liability partnership and P2 is not P3, P2 is not associated with P3; and

(f)

where E is a body corporate or a limited liability partnership and E is not P3, E is not associated with P3.

(6)

Ground 4 (which applies only where a temporary site exclusion arises by reason of a non-signature case) is that—

(a)

relevant court proceedings were commenced or concluded after the last date on which the successful application could have been withdrawn from the allocation round; and

(b)

the applicant’s ability to comply with the terms of the CFD which was offered would have been subject to a “Material Adverse Effect” (as that term was defined in the CFD) by reason of—

(i)

those proceedings being commenced; or

(ii)

the result of the concluded proceedings.

(7)

Ground 5 (which applies only where a temporary site exclusion arises by reason of a non-delivery case) is that the CFD was terminated by reason of a “Qualifying Change in Law F2Relevant Construction Event” or “Sustainability Change in Law” (as those terms were defined in the CFD).

(8)

In this regulation—

  • “relevant court proceedings” means—

    1. (a)

      court proceedings made against the applicant who made the successful application; or

    2. (b)

      a judicial review or a statutory appeal in relation to any applicable planning consents provided in compliance with regulation 23 in respect of the successful application;

  • “relevant property interest” means any of the following—

    1. (a)

      an agreement for lease;

    2. (b)

      an option for lease;

    3. (c)

      a freehold;

    4. (d)

      a leasehold;

  • “site A” means the site of the main generating structures of the F3CFD unit to be described in the intended application;

  • “site B” means site A to the extent to which it coincides with the excluded site.

(F49)

Where E, P1, P2 or P3 is an unincorporated association, the conditions relating to E, P1, P2 or P3 in paragraphs (4) and (5) apply as if E, P1, P2 or P3 means any member of the unincorporated association.

(10)

For the purposes of the definition of “relevant court proceedings”, where the applicant is an unincorporated association, court proceedings include proceedings against any member of the unincorporated association.

Annotations

Textual amendments

F1

Regs. 14A-14D inserted (27.3.2015) by The Contracts for Difference (Allocation) (Amendment) Regulations 2015 (S.I. 2015/981), regs. 1(1), 5

F2

Words in reg. 14B(7) substituted (15.12.2016) by The Contracts for Difference (Allocation) (Excluded Sites) Amendment Regulations 2016 (S.I. 2016/1246), regs. 1(1), 5(2)

F3

Words in reg. 14B(8) substituted (15.12.2016) by The Contracts for Difference (Allocation) (Excluded Sites) Amendment Regulations 2016 (S.I. 2016/1246), regs. 1(1), 5(3)

F4

Reg. 14B(9)(10) inserted (20.7.2016) by The Contracts for Difference (Miscellaneous Amendments) Regulations 2016 (S.I. 2016/784), regs. 1(1), 7