The Contracts for Difference (Allocation) (Amendment) Regulations 2026

Explanatory note

Reproduced verbatim from the instrument as published on legislation.gov.uk (Crown Copyright, Open Government Licence v3.0). The note is prepared by the responsible government department and is not part of the instrument itself.

These Regulations amend the Contracts for Difference (Allocation) Regulations 2014 ( S.I. 2014/2011 ) (“ Allocation Regulations ”). The Allocation Regulations form part of the legislative framework underpinning the Contracts for Difference scheme under Chapter 2 of Part 2 of the Energy Act 2013. These Regulations concern the arrangements for determining whether renewables projects qualify for a Contract for Difference and the procedure where qualification appeals are pending when the process of allocating contracts begins.

Regulation 3 permits a review notice, which is a notice requesting the delivery body to review a non-qualification determination, to contain documentary evidence or information of a description specified in the contract allocation framework which applies to an allocation round.

Regulation 4 allows the delivery body, if provided for in the contract allocation framework which applies to an allocation round, to issue amended non-qualification determinations to applicants who have already received a notice under regulation 19 stating that their application is qualifying or non-qualifying. Regulation 4 also allows the contract allocation framework to provide for regulations 19, 20, 21, 29, 31, 32, 33, 49, 50 and 51 to apply with such modifications as the Secretary of State considers appropriate to take account of such amended determinations.

Regulation 5 expands the existing definition of a ‘pending applicant’ who may submit a ‘pending bid’ to include applicants who have had a non-qualification determination upheld by the Authority in a qualification appeal but the time to appeal to the High Court or Court of Session has not yet expired, and applicants who have filed an appeal in High Court or Court of Session with respect to a decision by the Authority to uphold a non-qualification determination and that Court appeal has not been determined.

Regulation 6 removes the requirement placed on the delivery body to ensure that it does not become aware of the content of a pending bid.

Regulation 7 amends the existing requirement for the delivery body to re-run the allocation process if a pending applicant becomes a qualifying applicant after a proceed notice is issued by the delivery body. It clarifies that the delivery body only needs to re-run such part of the contract allocation process as is necessary to determine whether a pending application is a successful application. Regulation 7 also clarifies that where a pending application is determined to be a qualifying application after a proceed notice has been issued, and the period in which the Secretary of State could issue a re-run direction or halt direction has expired, the delivery body must then determine whether or not the pending application is a successful application in accordance with the contract allocation framework.

Regulation 8 limits the information that the Secretary of State can direct the delivery body to provide under regulation 54 of the Allocation Regulations by stating that the Secretary of State must not direct the delivery body to provide the content of any pending bid.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.