# The Contracts for Difference (Allocation) (Excluded Sites) Amendment Regulations 2016, Note: Explanatory note


(This note is not part of the Regulations)
These Regulations make amendments to the Contracts for Difference (Allocation) Regulations 2014 (S.I. 2014/2011) (the “Allocation Regulations”).
Regulation 4 amends regulation 14A of the Allocation Regulations, which temporarily excludes a CFD application from being made in respect of a site in certain cases:
— to extend the non-delivery case to include a site in respect of which a previous CFD was terminated either less than 13 months after the CFD notification was given, or (at any time) for failure to achieve stages for delivery for that CFD Unit by the Milestone Delivery Date, unless an exemption applies;
— to amend the period for which a temporary site exclusion prohibits a CFD application from being made so that, in addition to being excluded from any CFD allocation round in the first 13 months post-CFD notification, no application may be made to the first CFD allocation round commencing between the end of that period and 24 months post-CFD notification.
Regulation 5 amends regulation 14B(7) of the Allocation Regulations to include cases where a CFD has been terminated because of a “Sustainability Change in Law” as a ground on which the Secretary of State may grant an exemption certificate for a site otherwise subject to a temporary site exclusion for non-delivery under regulation 14A (‘Ground 5’).
Regulation 7 amends regulation 14D of the Allocation Regulations to make clear that the register of sites to which a temporary site exclusion applies should set out the date CFD notification was given for the CFD the offer of which lapsed or which terminated.
A full impact assessment of the effect that the CFD scheme will have on costs to the business and the voluntary sectors is available from the Department for Business, Energy and Industrial Strategy at 3 Whitehall Place, London, SW1A 2AW and is published with the Explanatory Memorandum alongside this instrument on www.legislation.gov.uk.

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Source: https://www.legislation.gov.uk/ukdsi/2016/9780111150177/note (the official version)
Page: https://openlegislation.uk/draft-contracts-for-difference-allocation-excluded-sites-amendment-regulations-2016/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.