OpenLegislation

Regulation 7 Procedure for making an MRF application

Original text. Later amendments are not shown.

(1)

The Secretary of State must determine the procedure for the making of an MRF application.

(2)

The procedure determined under paragraph (1) may include—

(a)

an expression of interest by the MRF applicant in making an MRF payment;

(b)

an initial agreement between the Secretary of State and the MRF applicant that the MRF applicant may make an MRF payment (“proposed MRF payment”), subject to such matters as the Secretary of State may determine, which may include the obtaining of consent to carry out the relevant offshore wind activity to which the proposed MRF payment would relate;

(c)

the payment into the MRF of a proportion of the proposed MRF payment, by way of deposit or reservation fee;

(d)

the reservation by the Secretary of State of the approved measure in respect of which the proposed MRF payment is to be made, subject to the terms of the initial agreement referred to in sub-paragraph (b).

(3)

The procedure determined under paragraph (1)—

(a)

may provide for periods of time during which MRF applications may be made;

(b)

may provide for circumstances in which the procedure may be abridged, including where the proposed MRF payment is to compensate for adverse environmental effects of a relevant offshore wind activity in respect of which consent has already been granted;

(c)

may be different for each MRF;

(d)

may provide for circumstances in which an MRF applicant may transfer the making of the MRF application to another person;

(e)

may be amended from time to time.

(4)

The reservation of an approved measure, as referred to in paragraph (2)(d), may relate to—

(a)

a whole approved measure,

(b)

part of an approved measure, or

(c)

any combination of whole approved measures and parts of approved measures.