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Regulation 40 Delay after completion of contract allocation processesF4I1

England, Wales and Scotland

(1)

Where the delay period has expired—

(a)

a proceed notice or a F1re-run notice must not be given; and

(b)

the delivery body must not re-run part only of the F2contract allocation process.

(2)

Where paragraph (1) applies the delivery body must—

(a)

re-run the contract allocation process;

(b)

comply with regulation 34(2) to (6); and

(c)

after completion of the re-run, comply with regulation 35 and Chapter 4 of this Part.

(3)

In this regulation, “delay period” means—

(a)

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

(b)

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.

(4)

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