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An Applicant can dispute any aspect of the Prequalification Decision made by the Delivery Body through the disputes process.
The disputes process may extend up to three stages depending on the options chosen by the Applicant.
1. Tier 1 disputesAn Applicant may request the Delivery Body to review its Prequalification Decision within 5 Working Days of being notified of the decision. The Delivery Body has 15 Working Days from Prequalification Results Day to respond to the Applicant with a reviewed decision.
2. Tier 2 disputesAn Applicant may appeal to the Authority to review the Tier 1 dispute outcome within 5 Working Days of receiving the Tier 1 dispute decision from the Delivery Body. The Authority then determines to either uphold or reject the Delivery Body Tier 1 decision.
3. Appeal to the CourtAn Applicant may appeal to the court against the outcome of their Tier 2 dispute. This has to be done within 28 days of the Applicant being notified of the Authority's determination or Tier 2 dispute outcome. The Court may then either dismiss the appeal or ask the Delivery Body to register the CMU (related to the appeal) as Prequalified on the Capacity Market Register. The Court may also ask the Delivery Body to reconsider the matter and make a new decision.
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