Regulation 72 Appeals to the court

(1)

An affected person may appeal to the court against a determination under regulation 71.

(2)

In paragraph (1), “the court” means—

(a)

the High Court; or

(b)

in Scotland, the Court of Session.

(3)

An appeal under paragraph (1)—

(a)

may only be made on a point of law; and

(b)

must be brought within 28 days after the date of the determination.

(4)

On an appeal relating to a prequalification decision in respect of a CMU the court may—

(a)

dismiss the appeal;

(b)

direct the Delivery Body to register the CMU on the capacity market register as a prequalified CMU (in which case regulation 73 applies); or

(c)

remit the matter to the Delivery Body with a direction to reconsider it and make a new decision in accordance with the findings of the court.

(5)

On an appeal relating to any other decision, the court may—

(a)

dismiss the appeal; or

(b)

remit the matter to the Delivery Body with a direction to reconsider it and make a new decision in accordance with the findings of the court.

(6)

The court may not—

(a)

order a capacity auction to be cancelled, postponed or suspended pending the determination of an appeal; or

(b)

make an order which affects the validity or terms of a capacity agreement that has accrued to any person other than the appellant.