C1Part II Provision of Telecommunication Services
F2 Standards of performance
Ss. 27A, 27B and cross heading inserted (1.7.1992) by Competition and Services (Utilities) Act 1992 (c. 43), s. 1; Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order, art. 3, Sch.
F127I Complaints about deposits.
1
Any person who is aggrieved by—
a
the decision of a designated operator to require him to pay a deposit before he is provided with a relevant service, or
b
by the amount which he is so required to pay,
may refer the matter to the Director.
2
On any such reference the Director, or an arbitrator (or in Scotland an arbiter) appointed by him, shall consider whether the criteria settled under section 27H above—
a
have been applied correctly, or
b
are inappropriate in the particular case.
3
If the Director or arbitrator (or arbiter) considers that the criteria have not been correctly applied, or that they are inappropriate in the particular case, he shall, unless the complaint has been withdrawn or it is otherwise inappropriate to proceed, determine—
a
whether the person concerned is to be required to pay a deposit, and
b
if so, the amount which he is to be required to pay,
and give the appropriate direction to the designated operator.
4
Any person giving a direction under subsection (3) above shall include in the direction his reasons for reaching his decision with respect to the complaint.
5
The practice and procedure to be followed in connection with a complaint under subsection (1) above shall be determined by the Director.
6
A direction under this section—
a
may include such incidental, supplemental and consequential provision (including provision requiring either party to pay a sum in respect of the costs or expenses incurred by the person giving the direction) as that person considers appropriate; and
b
shall be final and—
i
in England and Wales and in Northern Ireland enforceable, in so far as it includes such provision as to costs or expenses, as if it were a judgment of a county court; and
ii
in Scotland, enforceable as if it were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff.
7
In including in a direction under this section any such provision as to costs or expenses, the person giving the direction shall have regard to the conduct and means of the parties and any other relevant circumstances.
Pt. II (ss. 5-46) excluded (23.6.1999) by S.I. 1999/1736, art. 7(4)