The Electricity Capacity Regulations 2014
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Change 1
69 Requesting reconsideration by the Delivery Body
(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) If the Delivery Body receives a request which complies with paragraph (2), within 20 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 paragraph (5A) ... in reconsidering a prequalification decision or a decision to issue a termination notice or a notice of intention to terminate or a decision to issue a CCS CFD transfer refusal notice, 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. (5A) In reconsidering a prequalification decision or a decision to issue a CCS CFD transfer refusal notice, the Delivery Body may take into account information or evidence if the Delivery Body determines that: (a) the relevant application for prequalification or a CCS CFD transfer notice 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. (7) In this regulation— “non-material error or omission” means an error or omission in an application for prequalification or a CCS CFD transfer notice which is— manifest, and either inadvertent or the result of an honest mistake; clerical, typographical or trivial in nature; or 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.
69 Requesting reconsideration by the Delivery Body
(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) If the Delivery Body receives a request which complies with paragraph (2), within 20 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 paragraph (5A) ... in reconsidering a prequalification decision or a decision to issue a termination notice or a notice of intention to terminate or a decision to issue a CCS CFD transfer refusal notice, 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. (5A) In reconsidering a prequalification decision or a decision to issue a CCS CFD transfer refusal notice, the Delivery Body may take into account information or evidence if the Delivery Body determines that: (a) the relevant application for prequalification or a CCS CFD transfer notice 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. (7) In this regulation— “non-material error or omission” means an error or omission in an application for prequalification or a CCS CFD transfer notice which is— manifest, and either inadvertent or the result of an honest mistake; clerical, typographical or trivial in nature; or 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.
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