Regulation 68 Delivery body reviewable decisions

(1)

In this Chapter, a “delivery body reviewable decision” means a decision by the Delivery Body under capacity market rules of a kind specified in the first column of the following table.

(2)

A dispute or appeal in relation to a delivery body reviewable decision may only be brought—

(a)

by a person specified in the corresponding entry in the second column of the table (an “affected person”); and

(b)

in accordance with this Chapter.

Table

Decision	Person who may bring dispute or appeal
A prequalification decision.	The applicant or secondary trading entrant in relation to whom the decision has been made.
A refusal of a request for rectification of the capacity market register on the basis of factual inaccuracy.	The person who made a request for rectification in accordance with capacity market rules.
A refusal of a request to amend a capacity agreement notice on the basis of factual inaccuracy.	The capacity provider to whom a capacity agreement notice has been issued, and who has made a request to amend it in accordance with capacity market rules.
The issue of F1a non-completion notice, a termination notice, or a notice of intention to terminate a capacity agreement F2or a transferred part.	The capacity provider to whom the notice has been issued.
F3A low emissions determination	The capacity provider to whom the notice of the determination was given
F4The issue of a CCS CFD transfer refusal notice.	The capacity provider who made a request for termination and to whom the notice has been issued.

(3)

In the table in paragraph (2), F5“CCS CFD transfer refusal notice”, “secondary trading entrant” F6, “termination notice” and “notice of intention to terminate” have the meaning given in the Rules.

Annotations

Textual amendments

F1: Words in reg. 68(2) table inserted (10.4.2019) by The Electricity Capacity (No. 1) Regulations 2019 (S.I. 2019/862), regs. 1(2), 25
F2: Words in reg. 68(2) table inserted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 29(1) (with reg. 1(4))
F3: Words in reg. 68(2) table inserted (14.2.2025) by The Electricity Capacity (Amendment) Regulations 2025 (S.I. 2025/183), regs. 1(2), 9
F4: Words in reg. 68(2) Table inserted (23.7.2025) by The Electricity Capacity (Amendment) (No. 2) Regulations 2025 (S.I. 2025/917), regs. 1(2), 8(a)
F5: Words in reg. 68(3) inserted (23.7.2025) by The Electricity Capacity (Amendment) (No. 2) Regulations 2025 (S.I. 2025/917), regs. 1(2), 8(b)
F6: Words in reg. 68(3) substituted (14.7.2016) by The Electricity Capacity (Amendment) Regulations 2016 (S.I. 2016/742), reg. 1(2), Sch. 1 para. 29(2) (with reg. 1(4))