The Electricity (Early-Model Competitive Tenders for Onshore Transmission Licences) Regulations 2025
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Change 1
19 Withdrawal
(1) A bidder, qualifying bidder, provisional preferred bidder, preferred bidder, reserve bidder or successful bidder may withdraw from an onshore transmission tender exercise by giving notice to that effect to the delivery body. (2) A bidder or qualifying bidder who has not withdrawn under paragraph (1) but who fails to submit responses to pre-qualification documentation, a tender or a best and final offer within the date and time specified by the delivery body is to be treated as having withdrawn from that onshore transmission tender exercise. (3) A provisional preferred bidder who has not withdrawn pursuant to paragraph (1) but fails to make an application within the date and time specified by the Authority is to be treated as having withdrawn from that onshore transmission tender exercise. (4) Where a bidder or qualifying bidder withdraws from an onshore transmission tender exercise in accordance with paragraph (1) or is treated as having withdrawn in accordance with paragraph (2), that bidder or qualifying bidder may only be re-admitted to that onshore transmission tender exercise where there has been a permitted change to the membership of a bidder group incorporating that bidder or qualifying bidder in accordance with regulation 34. (5) Where a provisional preferred bidder, preferred bidder, reserve bidder or successful bidder withdraws from an onshore transmission tender exercise in accordance with paragraph (1) or is treated as having withdrawn in accordance with paragraph (3), that provisional preferred bidder, preferred bidder, reserve bidder or successful bidder must not be re-admitted to that onshore transmission tender exercise. (6) Where a bidder, qualifying bidder, provisional preferred bidder, preferred bidder, reserve bidder or successful bidder has withdrawn from an onshore transmission tender exercise in accordance with paragraph (1) or a bidder or qualifying bidder is treated as having withdrawn in accordance with paragraph (2) or a provisional preferred bidder is treated as having withdrawn in accordance with paragraph (3), the Authority must— (a) with respect to any payment that has been made by a bidder, qualifying bidder, provisional preferred bidder, preferred bidder, reserve bidder or successful bidder in accordance with these Regulations, including any interest which may have been accrued on the whole or part of that payment, not repay that payment wholly or in part, and (b) with respect to any security that has been provided by a bidder, qualifying bidder, provisional preferred bidder, preferred bidder, reserve bidder or successful bidder in accordance with these Regulations, including any interest which may have been accrued where that security provided is a monetary deposit, not release that security.
19 Withdrawal
(1) A bidder, qualifying bidder, provisional preferred bidder, preferred bidder, reserve bidder or successful bidder may withdraw from an onshore transmission tender exercise by giving notice to that effect to the delivery body. (2) A bidder or qualifying bidder who has not withdrawn under paragraph (1) but who fails to submit responses to pre-qualification documentation, a tender or a best and final offer within the date and time specified by the delivery body is to be treated as having withdrawn from that onshore transmission tender exercise. (3) A provisional preferred bidder who has not withdrawn pursuant to paragraph (1) but fails to make an application within the date and time specified by the Authority is to be treated as having withdrawn from that onshore transmission tender exercise. (4) Where a bidder or qualifying bidder withdraws from an onshore transmission tender exercise in accordance with paragraph (1) or is treated as having withdrawn in accordance with paragraph (2), that bidder or qualifying bidder may only be re-admitted to that onshore transmission tender exercise where there has been a permitted change to the membership of a bidder group incorporating that bidder or qualifying bidder in accordance with regulation 34. (5) Where a provisional preferred bidder, preferred bidder, reserve bidder or successful bidder withdraws from an onshore transmission tender exercise in accordance with paragraph (1) or is treated as having withdrawn in accordance with paragraph (3), that provisional preferred bidder, preferred bidder, reserve bidder or successful bidder must not be re-admitted to that onshore transmission tender exercise. (6) Where a bidder, qualifying bidder, provisional preferred bidder, preferred bidder, reserve bidder or successful bidder has withdrawn from an onshore transmission tender exercise in accordance with paragraph (1) or a bidder or qualifying bidder is treated as having withdrawn in accordance with paragraph (2) or a provisional preferred bidder is treated as having withdrawn in accordance with paragraph (3), the Authority must— (a) with respect to any payment that has been made by a bidder, qualifying bidder, provisional preferred bidder, preferred bidder, reserve bidder or successful bidder in accordance with these Regulations, including any interest which may have been accrued on the whole or part of that payment, not repay that payment wholly or in part, and (b) with respect to any security that has been provided by a bidder, qualifying bidder, provisional preferred bidder, preferred bidder, reserve bidder or successful bidder in accordance with these Regulations, including any interest which may have been accrued where that security provided is a monetary deposit, not release that security.
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