The Contracts for Difference (Allocation) Regulations 2014
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Change 1
52 Appeals to the High Court or the Court of Session
(1) This regulation applies where— (a) under regulation 47 a pending applicant has made an appeal to the High Court or the Court of Session in respect of a pending application; and (b) the court holds that the Authority made an error of law in upholding the non-qualification determination in respect of the application. (2) The court may in its discretion— (a) remit the pending application to the Authority to re-consider the non-qualification determination; (b) hold that the pending application is a qualifying application and require the delivery body to comply with, as appropriate, regulation 51(2) or (3) as is relevant to the application; or (c) grant such further or other remedy as it thinks fit. (3) Where— (a) paragraph (2)(a) applies; and (b) on a re-consideration the Authority determines that the pending application is a qualifying application, the delivery body must comply with regulation 51(2) or (3) as is relevant to the application.
52 Appeals to the High Court or the Court of Session
(1) This regulation applies where— (a) under regulation 47 a pending applicant has made an appeal to the High Court or the Court of Session in respect of a pending application; and (b) the court holds that the Authority made an error of law in upholding the non-qualification determination in respect of the application. (2) The court may in its discretion— (a) remit the pending application to the Authority to re-consider the non-qualification determination; (b) hold that the pending application is a qualifying application and require the delivery body to comply with, as appropriate, regulation 51(2) or (3) as is relevant to the application; or (c) grant such further or other remedy as it thinks fit. (3) Where— (a) paragraph (2)(a) applies; and (b) on a re-consideration the Authority determines that the pending application is a qualifying application, the delivery body must comply with regulation 51(2) or (3) as is relevant to the application.
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