- Latest available (Revised)
- Original (As made)
The Electricity Capacity Regulations 2014
You are here:
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
More Resources
Changes over time for: Section 69
Changes to legislation:
There are currently no known outstanding effects for the The Electricity Capacity Regulations 2014, Section 69.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Requesting reconsideration by the Delivery BodyE+W+S
This section has no associated Explanatory Memorandum
69.—(1) An affected person may request the Delivery Body to review a delivery body reviewable decision.
(2) The request must—
(a)be submitted in writing to the Delivery Body within 5 working days after receiving notice of the decision; and
(b)include each of the matters specified in sub-paragraphs (a) to (e) of regulation 70(3).
(3) [F1If the Delivery Body receives a request which complies with paragraph (2), within [F220] working days of giving notice of the decision it must]—
(a)reconsider the matter; and
(b)give notice to the affected person of—
(i)the outcome of the reconsideration (the “reconsidered decision”); and
(ii)the reasons for the reconsidered decision.
(4) The Delivery Body must, within 5 working days after receiving a request which does not comply with paragraph (2), give notice to the affected person that the request is rejected as not complying with that paragraph, and give the reason why.
(5) Subject to [F3paragraph (5A) and,] [F4regulations 29(10A) and 87(7)], in reconsidering a prequalification decision or a decision to issue a termination notice or a notice of intention to terminate, the Delivery Body must not take into account any information or evidence which—
(a)the affected person was required by these Regulations or capacity market rules to provide to the Delivery Body before the decision was taken; and
(b)the affected person failed to provide in accordance with that requirement.
[F5(5A) In reconsidering a prequalification decision, the Delivery Body may take into account information or evidence if the Delivery Body determines that:
(a)the relevant application for prequalification contained a non-material error or omission; and
(b)the information or evidence is capable of rectifying such non-material error or omission.]
(6) Subject to regulations 70 to 72, the reconsidered decision is final.
[F6(7) In this regulation—
“non-material error or omission” means an error or omission in an application for prequalification which is—
(a)
manifest, and either inadvertent or the result of an honest mistake;
(b)
clerical, typographical or trivial in nature; or
(c)
determined by the Delivery Body to be inconsequential to the affected person’s compliance with, or the enforcement of, any requirement in these Regulations or the Rules to which the error or omission relates.]
Textual Amendments
F1Words in reg. 69(3) substituted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 58
F2Word in reg. 69(3) substituted (27.7.2021) by The Electricity Capacity (Amendment) Regulations 2021 (S.I. 2021/901), reg. 1(2), Sch. para. 4(a)
F3Words in reg. 69(5) inserted (27.7.2021) by The Electricity Capacity (Amendment) Regulations 2021 (S.I. 2021/901), reg. 1(2), Sch. para. 4(b)
F4Words in reg. 69(5) substituted (24.3.2015) by The Electricity Capacity (Amendment) Regulations 2015 (S.I. 2015/875), reg. 1(2), Sch. 1 para. 18
F5Reg. 69(5A) inserted (27.7.2021) by The Electricity Capacity (Amendment) Regulations 2021 (S.I. 2021/901), reg. 1(2), Sch. para. 4(c)
F6Reg. 69(7) inserted (27.7.2021) by The Electricity Capacity (Amendment) Regulations 2021 (S.I. 2021/901), reg. 1(2), Sch. para. 4(d)
Modifications etc. (not altering text)
C1Reg. 69 modified (4.7.2020) by The Electricity Capacity (Amendment etc.) (Coronavirus) Regulations 2020 (S.I. 2020/697), reg. 1(2), Sch. 2 para. 4
Options/Help
Print Options
PrintThe Whole Instrument
PrintThe Whole Part
PrintThe Whole Chapter
PrintThis Section only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
Explanatory Memorandum
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Impact Assessments
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
- Why the government is proposing to intervene;
- The main options the government is considering, and which one is preferred;
- How and to what extent new policies may impact on them; and,
- The estimated costs and benefits of proposed measures.
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as made version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.