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The Electricity Capacity Regulations 2014
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There are currently no known outstanding effects for the The Electricity Capacity Regulations 2014, Section 72.
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Appeals to the courtE+W+S
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72.—(1) An affected person may appeal to the court against a determination under regulation 71.
(2) In paragraph (1), “the court” means—
(a)the High Court; or
(b)in Scotland, the Court of Session.
(3) An appeal under paragraph (1)—
(a)may only be made on a point of law; and
(b)must be brought within 28 days after the date of the determination.
(4) On an appeal relating to a prequalification decision in respect of a CMU the court may—
(a)dismiss the appeal;
(b)direct the Delivery Body to register the CMU on the capacity market register as a prequalified CMU (in which case regulation 73 applies); or
(c)remit the matter to the Delivery Body with a direction to reconsider it and make a new decision in accordance with the findings of the court.
(5) On an appeal relating to any other decision, the court may—
(a)dismiss the appeal; or
(b)remit the matter to the Delivery Body with a direction to reconsider it and make a new decision in accordance with the findings of the court.
(6) The court may not—
(a)order a capacity auction to be cancelled, postponed or suspended pending the determination of an appeal; or
(b)make an order which affects the validity or terms of a capacity agreement that has accrued to any person other than the appellant.
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