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The Contracts for Difference (Allocation) Regulations 2014

Draft Legislation:

This is a draft item of legislation and has not yet been made as a UK Statutory Instrument. This draft has been replaced by a new draft, The Contracts for Difference (Allocation) Regulations 2014 ISBN 978-0-11-111731-6

Regulation 17(4)

SCHEDULE 1Information in support of applications

1.  The following is the information referred to in regulation 17(4) which must be provided by an applicant.

2.  In respect of the applicant—

(a)the name of the applicant;

(b)the name of any person whom the applicant intends will enter into the CFD on the applicant’s behalf in respect of the CFD unit;

(c)where the applicant is a UK registered company, the company registration number of the applicant;

(d)where the applicant is not a corporate body—

(i)whether the applicant has a legal personality; and

(ii)if not, the person whom the applicant intends will enter into the CFD on the applicant’s behalf in respect of the CFD unit;

(e)where the applicant is VAT registered, the VAT registration number of the applicant;

(f)where the applicant is a company but not registered in the UK—

(i)the company registration number (or an equivalent identifier) in the jurisdiction in which it is registered; and

(ii)if applicable, the registration number (if any) for any equivalent to VAT for which the company must account in the jurisdiction in which it is registered.

3.  In respect of the relevant CFD unit—

(a)the following which apply (or are intended by the applicant to apply) to the unit—

(i)name;

(ii)location;

(iii)capacity in megawatts; and

(iv)the target date or dates for the generation of electricity once it is established or altered;

(v)where the unit is, or is to form part of, a biomass conversion station, the capacity in megawatts of the station;

(b)where the unit is an offshore wind CFD unit, whether or not it is to be constructed in phases and, if it is,—

(i)the amount of electricity to be generated by each phase; and

(ii)the target dates for completion of each phase of construction;

(c)the type of eligible generating station; and

(d)which reference price (as defined in the allocation framework) applies to the CFD unit.

4.  A statement by the applicant which states whether or not—

(a)an accreditation applies to the relevant CFD unit; or

(b)an application has been made by the applicant for such accreditation, which application has not been determined.

5.  Such other information concerning the applicant or the application as may be set out in the allocation framework which applies to the allocation round and in such form as may be required by that framework.

Regulation 56

SCHEDULE 2Documents

1.  The provisions of this Schedule apply to a document, which includes an application, direction, notice, qualification appeal, register, reply, report, request or statement.

2.  A document must be in writing and dated.

3.  A document given to a person on a non-working day is to be treated as given on the next following working day.

4.  A document may be given to a person by—

(a)delivering it to that person in person;

(b)leaving it at that person’s proper address;

(c)sending it by post or fax to that person’s proper address;

(d)sending it by email to that person; or

(e)submitting it by means of a dedicated portal on that person’s website.

5.  For the purposes of paragraph 4(a) a document is given to—

(a)a body corporate, where it is given to a person having control or management of that body;

(b)a partnership, where it is given to a partner or a person having control or management of the partnership business;

(c)an unincorporated association, where it is given to a person having management responsibilities in respect of the association.

6.  For the purposes of paragraph 4(d), a document is given to—

(a)a body corporate, where it is sent to an email address of—

(i)the body corporate; or

(ii)a person having control or management of that body,

where that address is supplied by that body for the conduct of the affairs of that body;

(b)a partnership, where it is sent to an email address of—

(i)the partnership; or

(ii)a partner or a person having control or management of the partnership business,

where that address is supplied by that partnership for the conduct of the affairs of that partnership;

(c)an unincorporated association, where it is sent to an email address of a person having management responsibilities in respect of the association, where that address is supplied by that association for the conduct of the affairs of that association.

7.  A person may, in substitution for the proper address which would otherwise apply, specify an address in the United Kingdom at which that person or someone on that person’s behalf may be given documents, which address is to be treated instead as that person’s proper address.

8.  In this Schedule—

“dedicated portal” means a facility on a person’s website which is established to allow electronic communication with that person;

“proper address” means in the case of—

(a)

a body corporate, the registered office (if it is in the United Kingdom) or the principal office of that body in the United Kingdom;

(b)

a partnership, the principal office of the partnership in the United Kingdom;

(c)

any other person, that person’s last known address, which includes an email address.

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