OpenLegislation

Regulation 34 Delay to the commencement of contract allocation processesF8I1

England, Wales and Scotland

(1)

This regulation applies where the commencement of F1a contract allocation process under regulation 33 is more than 5 months after the application closing date.

(2)

The Secretary of State may give a notice to the delivery body to require it to give a notice (“a variation notice”) to each qualifying applicant and pending applicant which states that F2target dates may be F3delayed by the applicant by a period not greater than that specified in the Secretary of State’s notice.

(3)

The delivery body must comply with a notice given to it by the Secretary of State under paragraph (2).

(4)

Where a variation notice is given, a qualifying applicant or pending applicant who wishes to F4delay the target dates must do so by giving a notice to the delivery body with any F5delayed target dates by no later than 5 working days after the date of the variation notice.

(5)

Where delayed target dates are provided in accordance with paragraph (4), the delivery body must—

(a)

substitute those dates for those provided with the application; and

(b)

to the extent that those dates affect any of the applications valuations determined under regulation 29, re-determine in accordance with regulation 29 such of the applications valuations as are affected.

(6)

The delivery body must not continue with the F6contract allocation process until the later of—

(a)

the time to provide delayed target dates has expired; or

(b)

any re-determination of applications valuations required under F7paragraph (5)(b) has been made.

Annotations

Textual amendments

F1

Words in reg. 34(1) substituted (13.6.2024) by The Contracts for Difference (Sustainable Industry Rewards) Regulations 2024 (S.I. 2024/710), regs. 1(1), 37(b)

F2

Words in reg. 34(2) substituted (20.7.2016) by The Contracts for Difference (Miscellaneous Amendments) Regulations 2016 (S.I. 2016/784), regs. 1(1), 11(a)

F3

Word in reg. 34(2) substituted (20.7.2016) by The Contracts for Difference (Miscellaneous Amendments) Regulations 2016 (S.I. 2016/784), regs. 1(1), 11(b)

F4

Word in reg. 34(4) substituted (20.7.2016) by The Contracts for Difference (Miscellaneous Amendments) Regulations 2016 (S.I. 2016/784), regs. 1(1), 11(c)

F5

Word in reg. 34(4)-(6) substituted (20.7.2016) by The Contracts for Difference (Miscellaneous Amendments) Regulations 2016 (S.I. 2016/784), regs. 1(1), 11(b)

F6

Words in reg. 34(6) substituted (13.6.2024) by The Contracts for Difference (Sustainable Industry Rewards) Regulations 2024 (S.I. 2024/710), regs. 1(1), 37(c)

F7

Words in reg. 34(6)(b) substituted (20.7.2016) by The Contracts for Difference (Miscellaneous Amendments) Regulations 2016 (S.I. 2016/784), regs. 1(1), 11(d)

F8

Words in reg. 34 heading substituted (13.6.2024) by The Contracts for Difference (Sustainable Industry Rewards) Regulations 2024 (S.I. 2024/710), regs. 1(1), 37(a)

Commencement

I1

Reg. 34 in force at 1.8.2014, see reg. 1(1)

Notes on Part 5

Textual amendments

F1

Pt. 5 heading substituted (13.6.2024) by The Contracts for Difference (Sustainable Industry Rewards) Regulations 2024 (S.I. 2024/710), regs. 1(1), 30

Notes on Chapter 3

Textual amendments

F1

Words in Pt. 5 Ch. 3 heading substituted (13.6.2024) by The Contracts for Difference (Sustainable Industry Rewards) Regulations 2024 (S.I. 2024/710), regs. 1(1), 34