Regulation 40 Delay after completion of contract allocation processesF4I1
England, Wales and Scotland
Where paragraph (1) applies the delivery body must—
re-run the contract allocation process;
comply with regulation 34(2) to (6); and
after completion of the re-run, comply with regulation 35 and Chapter 4 of this Part.
In this regulation, “delay period” means—
where a variation notice was not required to be given when the contract allocation process commenced, a period of more than 5 months has expired since the application closing date; or
where a variation notice was required to be given when the contract allocation process commenced, a period of more than 5 months has expired since the date on which the variation notice was required to be given.
The F3contract allocation framework for the allocation round may provide for a period other than “5 months” stated in paragraph (3)(a) or (b) and where such other period is provided, “delay period” has effect with that modification.
Annotations
Textual amendments
- F1
Words in reg. 40(1)(a) substituted (20.7.2016) by The Contracts for Difference (Miscellaneous Amendments) Regulations 2016 (S.I. 2016/784), regs. 1(1), 14
- F2
Words in reg. 40 substituted (13.6.2024) by The Contracts for Difference (Sustainable Industry Rewards) Regulations 2024 (S.I. 2024/710), regs. 1(1), 44(b)
- F3
Words in reg. 40(4) substituted (13.6.2024) by The Contracts for Difference (Sustainable Industry Rewards) Regulations 2024 (S.I. 2024/710), regs. 1(1), 44(c)
- F4
Words in reg. 40 heading substituted (13.6.2024) by The Contracts for Difference (Sustainable Industry Rewards) Regulations 2024 (S.I. 2024/710), regs. 1(1), 44(a)
Commencement
- I1
Reg. 40 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 5
Textual amendments
- F1
Words in Pt. 5 Ch. 5 heading substituted (13.6.2024) by The Contracts for Difference (Sustainable Industry Rewards) Regulations 2024 (S.I. 2024/710), regs. 1(1), 43