PART 3Budgets applicable to allocation rounds

Application10

1

This Part applies to an allocation round which has been established further to an allocation round notice.

2

A notice given by the Secretary of State under this Part must be made publicly available by the Secretary of State as soon as practicable after it is given.

Budget notices11

1

The Secretary of State must by notice (“a budget notice”) specify—

a

the overall budget which is available for each delivery year applicable to an allocation round; and

b

the administrative strike prices applicable to applications in an allocation round.

2

The Secretary of State may in a budget notice specify any of the following—

a

budgets which are reserved for the descriptions of applications specified in the notice (“minima”);

b

maximum budgets which apply to the descriptions of applications specified in the notice (“maxima”);

c

a division of the overall budget such that a different part (“pot”) of the overall budget applies to the description of applications specified in the notice.

3

Where maxima or minima are specified, they may be expressed as—

a

a sum of money;

b

an amount of capacity of electricity generation; or

c

a combination of (a) and (b).

4

Where—

a

the overall budget is expressed as a sum of money; and

b

that sum is stated by reference to a price which is not current at the date of the budget notice,

the budget notice must include a factor which, when applied to that sum, converts that sum into a price which is current at that date.

5

A budget notice must—

a

be given to the delivery body;

b

identify the allocation round to which the budget notice applies; and

c

be given no later than 10 working days before the commencement date of the allocation round.

Budget revision12

1

This regulation applies where the Secretary of State has given a budget notice in respect of an allocation round.

2

Subject to the application of paragraph (5), the Secretary of State—

a

may amend, add to or remove any of the matters listed in regulation 11(2) for the allocation round (“a budget revision”); but

b

must only effect a budget revision by a notice (“a budget revision notice”) which complies with regulation 13.

3

The Secretary of State may make any budget revision where that revision has effect more than 10 working days before the commencement date of the allocation round.

4

Paragraph (5) applies where the Secretary of State intends to make a budget revision which is to have effect—

a

10 or fewer working days before the commencement date of the allocation round; or

b

on or after the commencement date of the allocation round.

5

Where this paragraph applies, the Secretary of State may increase the overall budget but must not—

a

decrease—

i

the overall budget;

ii

any maxima; or

iii

any minima; or

b

increase any maxima or minima, unless the overall budget is increased by at least the same amount.

Budget revision notices13

A budget revision notice must—

a

be given to the delivery body;

b

identify the allocation round to which the budget revision notice applies;

c

describe the budget revision; and

d

be given at least one working day before the date on which the revision set out in the notice is to have effect.