# The Electricity Capacity Regulations 2014, 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.

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Source: https://www.legislation.gov.uk/ukdsi/2014/9780111116852/regulation/72 (the official version)
Page: https://openlegislation.uk/draft-electricity-capacity-regulations-2014/regulation-72
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.