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Statutory Instrument

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

Citation
S.I. 2026/678
As at
Sections
8
Section 1Citation, commencement and extent

(1) These Regulations may be cited as the Contracts for Difference (Allocation) (Amendment) Regulations 2026.

(2) These Regulations come into force on the day after the day on which they are made.

(3) These Regulations extend to England and Wales and Scotland.

Section 2Amendments to the Contracts for Difference (Allocation) Regulations 2014

The Contracts for Difference (Allocation) Regulations 2014 are amended in accordance with these Regulations.

Section 3Amendment to regulation 20 (reviews of non-qualification determinations)

(1) Regulation 20 is amended as follows.

(2) In paragraph (2)(a), for “(6)” substitute “(6)(a)” .

(3) In paragraph (2)(c), at the beginning insert “subject to paragraph (6)(b),” .

(4) In paragraph (5), for “(6)” substitute “(6)(a)” .

(5) In paragraph (6)—

(a) the words from “provide” to the end become paragraph (a);

(b) at the end of that paragraph insert “; and

(b) permit a review notice to contain documentary evidence or information of a description specified in the contract allocation framework.

Section 4Insertion of regulation 20A

After regulation 20, insert—

Delivery body error in notices of determinations

(20A)

(1) The delivery body may, if provided for in the contract allocation framework which applies to the allocation round, give—

(a) to an applicant who has received a non-qualification determination, an amended non-qualification determination; and

(b) to an applicant who has received a notice stating that the application made by the applicant is a qualifying application under regulation 19, a non-qualification determination.

(2) If the contract allocation framework which applies to the allocation round provides for determinations to be given under paragraph (1)(a) or (b), it may also 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 determinations.

Section 5Amendment to regulation 49 (application of this Part)

In regulation 49, for paragraph (1) substitute—

(1) This Part applies where, at the time that the contract allocation process for the allocation round commences—

(a) an applicant has in accordance with regulations 43 and 44 made a qualification appeal in respect of an application and that appeal has not been determined;

(b) an applicant has in accordance with regulations 43 and 44 made a qualification appeal in respect of an application and the Authority has upheld the non-qualification determination but the time to appeal referred to in regulation 47(2) has not expired; or

(c) an applicant has in accordance with regulation 47 made an appeal to the High Court or the Court of Session in respect of an application and that appeal has not been determined by the relevant court.

Section 6Amendment to regulation 50 (strike price bids)

(1) Regulation 50 is amended as follows.

(2) At the end of paragraph (2)(a), insert “and” .

(3) In paragraph (2)(b), for “process; and” substitute “process.” .

(4) Omit paragraph (2)(c).

Section 7Amendment to regulation 51 (successful applications determined by the Authority)

(1) Regulation 51 is amended as follows.

(2) For paragraph (1B)(a) (but not the “and” after it), substitute—

(a) re-run such part of the contract allocation process as is necessary to determine whether the applicant’s pending application is a successful application;

(3) For paragraph (3) substitute—

(3) Where—

(a) after a proceed notice has been given, the delivery body receives a notice from the Authority in accordance with regulation 46(3) which states that the determination of the Authority is that an application is a qualifying application; and

(b) no direction has been given under regulation 38(1)(a) within the period specified in regulation 38(2),

the delivery body must determine whether or not the pending application is a successful application in accordance with the contract allocation framework for the allocation round.

Section 8Amendment to regulation 54 (allocation reports)

(1) Regulation 54 is amended as follows.

(2) In paragraph (2)(e), after “paragraph (3)” insert “and paragraph (3A)” .

(3) After paragraph (3), insert—

(3A) The Secretary of State must not direct the delivery body to provide the content of any pending bid.

8 sections

Cite this legislation

The Contracts for Difference (Allocation) (Amendment) Regulations 2026 (legislation.gov.uk, OGL v3.0). Retrieved via LawPlayer, https://lawplayer.com/uk/act/uksi-2026-678

Contains public sector information licensed under the Open Government Licence v3.0.

OGL-3

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