Regulation 16 Amendment to regulation 51

In regulation 51 (successful applications determined by the Authority)—

(a)

after paragraph (1) insert—

“(1A)
Paragraph (1B) applies where the delivery body—

(a)
receives a notice from the Authority in accordance with regulation 46(3) that states the determination of the Authority is that an applicant is a qualifying applicant; and

(b)
has not given a proceed notice under regulation 37(1)(b)(i) in respect of the most recent run of the allocation process for the allocation round.

(1B)
Where this paragraph applies, the delivery body must—

(a)
re-run the allocation process; and

(b)
after completion of the re-run, comply with regulation 35.”;

(b)

in paragraph (2), after “Chapter 4 or 5 of Part 5” insert “or paragraph (1B)”;

(c)

in paragraph (3), after “is a successful application” insert “in accordance with the allocation framework for the allocation round”;

(d)

in paragraph (6)—

(i)

in sub-paragraph (a), for “the information provided in compliance with paragraph 3(a)(iv) of Schedule 1 (“the target dates”)” substitute “target dates”;

(ii)

in sub-paragraphs (a) to (c), for “varied” substitute “delayed”; and

(iii)

in sub-paragraph (b), for “vary” substitute “delay”;

(e)

in paragraph (7), for “except any flexible bid” substitute “including any flexible bid”;

(f)

for paragraph (10) substitute—

“(10)
In paragraph (7), “flexible bid” means a bid, where it is permitted under the allocation framework, in which the applicant specifies—

(a)
a strike price;

(b)
the first delivery year as a year the same as or after the first delivery year set out in the applicant’s application;

(c)
a target commissioning date as a date on or after the target commissioning date provided by the applicant with the applicant’s application; and

(d)
the amount of electricity to be generated as an amount which is no greater than the amount set out in the applicant’s application.”.