The Electricity Capacity Regulations 2014

Appeals to the Authority E+W+S

70.—(1) An affected person who has, in accordance with regulation 69(2), made a request to the Delivery Body to review a delivery body reviewable decision, may appeal to the Authority if—

(a) the affected person disputes the reconsidered decision; or

(b) the request for reconsideration was rejected by the Delivery Body on the ground that it did not comply with regulation 69(2).

(2) An appeal under paragraph (1) must be made by submitting an appeal notice to the Authority within 5 working days after the date on which the affected person received the notice from the Delivery Body under regulation 69(3) or (4).

(3) An appeal notice must contain—

(a) a concise statement identifying the relevant part of the delivery body reviewable decision in dispute;

(b) a concise statement of the facts on which the affected person relies;

(c) a summary of the grounds for disputing the delivery body reviewable decision;

(d) a succinct presentation of the arguments supporting each of the grounds for dispute; and

(e) a schedule listing the documents submitted with the appeal notice.

(4) The appeal notice must be accompanied by—

(a) a copy of—

(i) the notice given by the Delivery Body under regulation 69(3) or (4);

(ii) the request made to the Delivery Body for reconsideration; and

(iii) any information or evidence submitted to the Delivery Body in support of that request;

(b) in the case of an appeal relating to a prequalification decision, a copy of—

(i) the prequalification decision; F1 ...

(ii) any information or documents provided by the affected person to the Delivery Body as part of the application for prequalification which are relevant to the matter in dispute; [F2 and]

[F3 (iii) any information or evidence submitted in accordance with regulation 69(5A);]

(c) in the case of an appeal relating to a termination notice or a notice of intention to terminate, a copy of—

(i) the notice; and

(ii) any information or documents provided by the affected person to the Delivery Body before the notice was issued, which are relevant to the matter in dispute; and

(d) any other documentary evidence which the affected person wishes to rely on in support of the appeal and which—

(i) was provided to the Delivery Body before the reconsidered decision was made; or

(ii) is needed to show what evidence was before the Delivery Body when the reconsidered decision was made.

(5) Where a request for reconsideration was rejected by the Delivery Body on the ground that it did not comply with regulation 69(2), the affected person may submit evidence to the Authority that the request did comply with that regulation.

(6) Except as provided in paragraphs (4) and (5), no other documentary evidence may be included in or submitted with the appeal notice.

Textual Amendments

F1 Word in reg. 70(4)(b)(i) omitted (27.7.2021) by virtue of The Electricity Capacity (Amendment) Regulations 2021 (S.I. 2021/901), reg. 1(2), Sch. para. 5(a)

F2 Word in reg. 70(4)(b)(ii) inserted (27.7.2021) by The Electricity Capacity (Amendment) Regulations 2021 (S.I. 2021/901), reg. 1(2), Sch. para. 5(b)

F3 Reg. 70(b)(4)(iii) inserted (27.7.2021) by The Electricity Capacity (Amendment) Regulations 2021 (S.I. 2021/901), reg. 1(2), Sch. para. 5(c)

Modifications etc. (not altering text)

C1 Reg. 70 modified (4.7.2020) by The Electricity Capacity (Amendment etc.) (Coronavirus) Regulations 2020 (S.I. 2020/697), reg. 1(2), Sch. 2 para. 5