Regulation 29 Insertion of Chapter 5 of Part 4 (sustainable industry reward statements: supplemental)

After regulation 28 insert—

“Chapter 5

Sustainable industry reward statements: supplemental

Sustainable industry reward application

28A

(1)

An eligible generator which is required to provide a sustainable industry reward statement in accordance with regulation 27B may make a sustainable industry reward application to the Secretary of State in relation to an offshore wind CFD unit identified in the sustainable industry reward application.

(2)

The Secretary of State must not provide a sustainable industry reward statement in response to a sustainable industry reward application unless the Secretary of State is satisfied that—

(a)

the sustainable industry reward applicant is an eligible generator in respect of the offshore wind CFD unit; and

(b)

the establishment or alteration of the offshore wind CFD unit meets the minimum standards of likely contribution to the development and sustainability of supply chains, as set out in the sustainable industry reward allocation framework.

Particulars of sustainable industry reward application

28B

(1)

A sustainable industry reward application must—

(a)

identify the offshore wind CFD unit;

(b)

describe how the offshore wind CFD unit is to be established or altered;

(c)

set out how the sustainable industry reward applicant considers that the establishment or alteration of the offshore wind CFD unit is likely to make a material contribution to the development and sustainability of supply chains, as set out in the sustainable industry reward allocation framework.

(2)

A sustainable industry reward applicant must—

(a)

identify any information included in, or in support of, a sustainable industry reward application or otherwise provided to the Secretary of State in relation to the offshore wind CFD unit to support the development and sustainability of supply chains which the sustainable industry reward applicant considers is commercially confidential; and

(b)

where such information is identified, provide reasons why the sustainable industry reward applicant considers that the disclosure of that information (other than to the Secretary of State for the purposes of determining the sustainable industry reward application) may damage the commercial interests of the sustainable industry reward applicant or another person.

Providing sustainable industry reward statement or refusing application

28C

The Secretary of State must, as soon as practicable after a sustainable industry reward application is received by the Secretary of State, give a notice to the sustainable industry reward applicant which includes—

(a)

a sustainable industry reward statement which—

(i)

confirms that the sustainable industry reward application meets the minimum standards of likely contribution to the development and sustainability of supply chains, as set out in the sustainable industry reward allocation framework;

(ii)

states the allocation round for which the sustainable industry reward statement has effect; and

(iii)

sets out the sustainable industry reward to which the sustainable industry reward applicant may be entitled and the obligations which must be fulfilled by that applicant in order to receive that reward; or

(b)

a refusal of the sustainable industry reward application and the reasons for that refusal.

Confidentiality: sustainable industry reward applications

28D

(1)

The Secretary of State must not disclose any information included in, or in support of, a sustainable industry reward application or otherwise provided to the Secretary of State in relation to a generating station to support the development and sustainability of supply chains where that disclosure may, in the opinion of the Secretary of State, damage the commercial interests of any other person except—

(a)

with the consent of that person;

(b)

as required by or under an enactment or an order of the court; or

(c)

to a permitted person for a permitted purpose, and the Secretary of State is satisfied that arrangements have been made with that person to prevent any further disclosure of that information by that person.

(2)

In paragraph (1)—

• “permitted person” means —

  1. (a)

     a public authority to which the Human Rights Act 1998^f1 applies; or

  2. (b)

     a person providing services to the Secretary of State in relation to a permitted purpose or any officer, employee or agent of that person;

• “permitted purpose” means—

  1. (a)

     to enable the Secretary of State to determine whether or not to provide a sustainable industry reward statement; or

  2. (b)

     to support the development and sustainability of supply chains.

Revision or withdrawal of sustainable industry reward statement

28E

(1)

Paragraph (2) applies where the Secretary of State is satisfied that—

(a)

a sustainable industry reward statement contains an error;

(b)

the information included in, or in support of, a sustainable industry reward application was materially incorrect; or

(c)

a material change in circumstances relevant to the matters specified in the sustainable industry reward statement has occurred after that statement was given.

(2)

Where this paragraph applies, the Secretary of State—

(a)

may, subject to paragraph (3), revise the sustainable industry reward statement and, as soon as practicable after doing so, must give a notice to the sustainable industry reward applicant which includes the matters mentioned in regulation 28C(a); or

(b)

may withdraw a sustainable industry reward statement and, as soon as practicable after deciding to do so, must give a notice of the withdrawal to the sustainable industry reward applicant and the delivery body, together with the reasons for the withdrawal.

(3)

Where the Secretary of State revises a sustainable industry reward statement because the Secretary of State is satisfied as specified in paragraph (1)(c), the Secretary of State—

(a)

must not increase the amount of the sustainable industry reward to which the sustainable industry reward applicant may be entitled;

(b)

must not change in a material way the obligations which must be fulfilled by the sustainable industry reward applicant in order to receive a sustainable industry reward; and

(c)

must take into account the competitive nature of the sustainable industry reward allocation process.”.