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26.—(1) A capacity auction may not be cancelled, postponed or stopped except as provided in this regulation.
(2) The Delivery Body—
(a)must cancel or postpone a capacity auction if directed to do so by the Secretary of State under paragraph (3); and
(b)may postpone or stop a capacity auction if, in the Delivery Body's opinion, the capacity auction cannot be conducted fairly and in accordance with regulation 24(3), because of a failure of the auction IT system or any other exceptional circumstances.
(3) The Secretary of State—
F1(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)may, at any time before the date on which the capacity auction is to start, direct the Delivery Body for any other reason—
(i)to postpone a capacity auction for an indefinite period; or
(ii)to start the capacity auction on a later date than the date specified in auction guidelines.
(4) If the Delivery Body postpones or stops a capacity auction under paragraph (2)(b), the Delivery Body must hold or restart the capacity auction at a later date, and must comply with regulation 28(3)(b) and (c) in relation to the rearranged capacity auction.
F2(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) If the Secretary of State gives a direction under paragraph (3)(b) to postpone a capacity auction, the Secretary of State must as soon as reasonably practicable give a further direction to the Delivery Body to rearrange or cancel the capacity auction.
(7) [F3Paragraph (6) is] subject to regulation 28(4).
(8) If the Secretary of State directs the Delivery Body to cancel or postpone a capacity auction, the Secretary of State must, not later than 4 weeks after giving that direction, publish the reasons for it.
Textual Amendments
F1Reg. 26(3)(a) omitted (31.12.2020) by virtue of The State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1470), reg. 1(2), Sch. 2 para. 13(2)(a) (with Sch. 3)
F2Reg. 26(5) omitted (31.12.2020) by virtue of The State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1470), reg. 1(2), Sch. 2 para. 13(2)(b) (with Sch. 3)
F3Words in reg. 26(7) substituted (31.12.2020) by The State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1470), reg. 1(2), Sch. 2 para. 13(2)(c) (with Sch. 3)
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