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The Electricity (Early-Model Competitive Tenders for Onshore Transmission Licences) Regulations 2025

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Change 1

What to do with it
As published

23 Disqualification

(1) Where the delivery body is satisfied that any of the events in Schedule 9 are occurring or have occurred and that the occurrence would materially affect the outcome of an onshore transmission tender exercise, the delivery body must disqualify that bidder, qualifying bidder, provisional preferred bidder, preferred bidder, reserve bidder or successful bidder, as the case may be, from the onshore transmission tender exercise and any other onshore transmission tender exercise in which it is participating by giving notice to that effect to that bidder, qualifying bidder, provisional preferred bidder, preferred bidder, reserve bidder or successful bidder, as the case may be. (2) Where the Authority is satisfied that any of the events in Schedule 9 are occurring or have occurred and that the occurrence would materially affect the outcome of an onshore transmission tender exercise, it may direct the delivery body to disqualify that bidder, qualifying bidder, provisional preferred bidder, preferred bidder, reserve bidder or successful bidder, as the case may be, from the onshore transmission tender exercise and any other onshore transmission tender exercise in which it is participating by giving notice to that effect to that bidder, qualifying bidder, provisional preferred bidder, preferred bidder, reserve bidder or successful bidder, as the case may be. (3) Where a bidder, qualifying bidder, provisional preferred bidder, preferred bidder, reserve bidder or successful bidder has been disqualified in accordance with this regulation, the Authority must— (a) with respect to any payment that has been made by that 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 that 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 the security. (4) Where a bidder, qualifying bidder, provisional preferred bidder, preferred bidder or reserve bidder, as the case may be, has been disqualified from the onshore transmission tender exercise in accordance with paragraphs (1) or (2), no document, tender or any information submitted by that bidder, qualifying bidder, provisional preferred bidder, preferred bidder or reserve bidder to the delivery body may be taken into consideration for the purpose of determining the successful bidder in respect of that onshore transmission tender exercise or any other onshore transmission tender exercise in which it is participating.

Your change, as a redline

23 Disqualification

(1) Where the delivery body is satisfied that any of the events in Schedule 9 are occurring or have occurred and that the occurrence would materially affect the outcome of an onshore transmission tender exercise, the delivery body must disqualify that bidder, qualifying bidder, provisional preferred bidder, preferred bidder, reserve bidder or successful bidder, as the case may be, from the onshore transmission tender exercise and any other onshore transmission tender exercise in which it is participating by giving notice to that effect to that bidder, qualifying bidder, provisional preferred bidder, preferred bidder, reserve bidder or successful bidder, as the case may be. (2) Where the Authority is satisfied that any of the events in Schedule 9 are occurring or have occurred and that the occurrence would materially affect the outcome of an onshore transmission tender exercise, it may direct the delivery body to disqualify that bidder, qualifying bidder, provisional preferred bidder, preferred bidder, reserve bidder or successful bidder, as the case may be, from the onshore transmission tender exercise and any other onshore transmission tender exercise in which it is participating by giving notice to that effect to that bidder, qualifying bidder, provisional preferred bidder, preferred bidder, reserve bidder or successful bidder, as the case may be. (3) Where a bidder, qualifying bidder, provisional preferred bidder, preferred bidder, reserve bidder or successful bidder has been disqualified in accordance with this regulation, the Authority must— (a) with respect to any payment that has been made by that 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 that 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 the security. (4) Where a bidder, qualifying bidder, provisional preferred bidder, preferred bidder or reserve bidder, as the case may be, has been disqualified from the onshore transmission tender exercise in accordance with paragraphs (1) or (2), no document, tender or any information submitted by that bidder, qualifying bidder, provisional preferred bidder, preferred bidder or reserve bidder to the delivery body may be taken into consideration for the purpose of determining the successful bidder in respect of that onshore transmission tender exercise or any other onshore transmission tender exercise in which it is participating.

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