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The Electricity Capacity Regulations 2014

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79.—(1) Before making capacity market rules the Authority must consult—

(a)the Secretary of State;

(b)the Delivery Body;

(c)any person who is a holder of a licence to supply electricity under section 6(1)(d) of EA 89;

(d)any person who is a capacity provider; and

(e)such other persons as the Authority considers it appropriate to consult.

(2) Paragraph (3) applies where any proposal to amend a provision of capacity market rules is made to the Authority by—

(a)a person mentioned in paragraph (1)(a) to (d);

(b)an applicant, or a person wishing to apply to bid in a capacity auction; or

(c)a representative body representing persons mentioned in paragraph (1)(c) or (d) or any other class of persons which, in the Authority’s opinion, has a sufficient interest in the capacity market.

(3) The Authority must—

(a)consider the proposal; and

(b)either—

(i)consult in accordance with paragraph (1) on whether to make the proposed amendment; or

(ii)publish its reasons for rejecting the proposal without consulting on it.

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