The Electricity Capacity (No. 1) Regulations 2019

Dispute resolution and appeals: modifications

51.—(1) Regulation 68 (delivery body reviewable decisions) applies as if—

(a) in paragraph (2), in the table, after “terminate a” there were inserted “conditional capacity agreement,”; and

(b) after paragraph (2), there were inserted—

“(2A) If the T-1 capacity agreement trigger event occurs—

(a) a delivery body reviewable decision about a conditional capacity agreement is deemed to be a decision about the capacity agreement this conditional capacity agreement has become under regulation 30(2A); and

(b) a dispute or appeal in relation to a delivery body reviewable decision about a conditional capacity agreement (whether ongoing or concluded) is deemed to be a dispute or appeal about the capacity agreement this conditional capacity agreement has become under regulation 30(2A).”.

(2) Regulation 72(6)(b) (appeals to the court) applies as if, after “a” there were inserted “conditional capacity agreement or”.

(3) Regulation 73 (consequences of successful review or appeal) applies as if, after paragraph (7) there were inserted—

“(8) References to a capacity agreement in paragraphs (5) to (7) must be read as references to a conditional capacity agreement if the T-1 capacity agreement trigger event has not occurred.”.