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Part IU.K. ELECTRICITY SUPPLY

Modifications etc. (not altering text)

C4Pt. I (ss. 1-64) applied (1.10.2001) by S.I. 2001/3264, regs. 4(2), 5(2)

C5Pt. I (ss. 1-64) amended (E.W.) (27.10.2000) by S.I. 2000/2727, art. 10

Pt. I (ss. 1-64) amended (7.11.2000) by 2000 c. 27, s. 105(1)(a); S.I. 2000/2974, art. 2, Sch. (subject to transitional provisions in arts. 3-12)

Pt. I (ss. 1-64) amended (E.W.) (1.10.2001) by S.I. 2000/2727, art. 10 (as substituted (1.10.2001) by S.I. 2001/3268, art. 2(13))

[F1[F2Section 44B disputes] E+W+S

Textual Amendments

F1Ss. 44B-44D and cross-heading inserted (E.W.S.) (29.6.2009) by The Gas and Electricity (Dispute Resolution) Regulations 2009 (S.I. 2009/1349), regs. 1(1), 3

44BMeaning of “[F3section 44B] dispute”E+W+S

[F4(1)For the purposes of sections 44C and 44D a dispute is [F5a “section 44B dispute”] if—

(a)it arises from a written complaint—

(i)made against the holder of a transmission licence,

(ii)made against the holder of a distribution licence,

(iii)made against the holder of an interconnector licence,

(iv)made against a distribution exemption holder, or

(v)made by a person falling within paragraph (a) of subsection (1A) against a person falling within paragraph (b) of that subsection;

(b)it is wholly or mainly a dispute regarding an obligation of the person complained against [F6which falls within subsection (2A)]; and

(c)it is a dispute between the complainant and the person complained against.

(1A)For the purposes of subsection (1)(a)(v)—

(a)a person falls within this paragraph if the person is certified on the ground mentioned in section 10E(5) in respect of a transmission system or electricity interconnector;

(b)a person falls within this paragraph if the person is designated under section 10H(3) in respect of the transmission system or electricity interconnector mentioned in paragraph (a).]

(2)The reference in subsection [F7(1)(a)] to a complaint does not include a reference to—

(a)a complaint about a modification (or failure to make a modification) of—

(i)a term or condition of [F8a licence] held by the person complained against, or

(ii)an obligation or right contained in any code or other document and having effect by virtue of such a term or condition; or

(b)a complaint made by a person as a household customer or potential household customer.

[F9(2A)An obligation of the person complained against falls within this subsection if it is—

(a)an obligation under a relevant condition or relevant requirement in relation to that person imposed before IP completion day for the purpose of implementing the Electricity Directive, including such an obligation as modified on or after IP completion day, or

(b)an obligation under a relevant condition or relevant requirement in relation to that person imposed on or after IP completion day which, if it had been imposed immediately before IP completion day, would have been an obligation imposed for the purpose of implementing the Electricity Directive.]

[F10(3)In this section, “household customer” means a customer who purchases electricity for consumption by the customer’s own household.]

Textual Amendments

44CDetermination of disputesE+W+S

(1)[F11A section 44B] dispute (other than one which may be referred to the Authority under or by virtue of any other provision of this Act) may be referred to the Authority under this section by the person who is the complainant in relation to the dispute.

(2)[F12A section 44B] dispute referred to the Authority under this section shall be determined by order made either by the Authority or, if the Authority thinks fit, by an arbitrator (or in Scotland an arbiter) appointed by the Authority.

(3)The practice and procedure to be followed in connection with [F13a section 44B] dispute referred to the Authority under this section shall be such as the Authority may consider appropriate.

(4)An order under this section—

(a)may include such incidental, supplemental and consequential provision as the person making the order considers appropriate; and

(b)shall be final.

(5)The provision that may be included in an order under this section by virtue of subsection (4)(a) above includes provision requiring either party to pay a sum in respect of the costs or expenses incurred by the person making the order (“costs provision”).

(6)In including costs provision in an order under this section, the person making the order shall have regard to the conduct and means of the parties and any other relevant circumstances.

(7)Costs provision included in an order under this section shall be enforceable—

(a)in England and Wales, as if it were a judgment of the county court;

(b)in Scotland, as if it were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff.

[F14(8)Sections 25 to 28 have effect in relation to a person against whom a complaint is made as mentioned in section 44B(1)(a), and on whom a duty or other requirement is imposed by an order under this section—

(a)as if references in those sections to a relevant requirement (other than the reference in section 25(8)) included references to that duty or requirement;

(b)if the complaint is made against the person as mentioned in sub-paragraph (v) of section 44B(1)(a), also as if references in those sections to a regulated person included references to that person.]

Textual Amendments

44DTime limit for determinationsE+W+S

(1)An order determining [F15a section 44B] dispute (whether made under section 44C or made under or by virtue of any other provision of this Act) shall be made within the permitted period.

(2)Subject to subsection (3) F16..., the permitted period is the period of two months beginning with the day on which the dispute is referred to the Authority.

(3)Where the person determining the dispute requests further information from anyone for the purposes of determining the dispute, the person may, by giving notice to the parties, extend the permitted period—

(a)by two months, or

(b)with the agreement of the complainant, by a longer period.

F17(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)If a person refers a dispute to the Authority, or purports to do so, and the Authority gives to that person a notice—

(a)specifying information which it requires in order to assess whether the dispute is [F19a section 44B] dispute, or whether there is a dispute at all, and

(b)requesting the person to provide that information,

the dispute shall be treated for the purposes of subsection (2) as not referred to the Authority until the information is provided.]

Textual Amendments