Regulation 40 Delay after completion of allocation processes
Where the delay period has expired—
a proceed notice or a proceed direction must not be given; and
the delivery body must not re-run part only of the allocation process.
Where paragraph (1) applies the delivery body must—
re-run the 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 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 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 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.