Electricity Act 1989

23 Determination of disputes. E+W+S

(1) Any dispute arising under sections 16 to 22 above between a public electricity supplier and a person requiring a supply of electricity—

(a) may be referred to the Director by either party; and

(b) on such a reference, shall be determined by order made either by the Director or, if he thinks fit, by an arbitrator, or in Scotland arbiter, appointed by him;

and the practice and procedure to be followed in connection with any such determination shall be such as the Director may consider appropriate.

[F1 (1A) Any person making an order under subsection (1) above shall include in the order his reasons for reaching his decision with respect to the dispute.]

(2) Where any dispute arising under sections 16 to 22 above between a public electricity supplier and a person requiring a supply of electricity F2 . . . to be given falls to be determined under this section, the Director may give directions as to the circumstances in which, and the terms on which, the supplier is F2 . . . to give the supply pending the determination of the dispute.

(3) Where any dispute arising under section 20(1) above falls to be determined under this section, the Director may give directions as to the security (if any) to be given pending the determination of the dispute.

(4) Directions under subsection (2) or (3) above may apply either in cases of particular descriptions or in particular cases.

(5) An order 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 making the order) as that person considers appropriate; and

(b) shall be final and—

(i) in England and Wales, shall be enforceable, in so far as it includes such provision as to costs or expenses, as if it were a judgment of the county court;

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

(6) In including in an order under this section any such provision as to costs or expenses as is mentioned in subsection (5) above, the person making the order shall have regard to the conduct and means of the parties and any other relevant circumstances.

Textual Amendments

F1 S. 23(1A) inserted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 56(6), Sch. 1 para.11; Commencement Order No. 1 made on 29.5.1992, art. 3, Sch. Pt.I.

F2 Words in s. 23(2) repealed (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), ss. 25(1), 56(7), Sch.2; Commencement Order No. 1 made on 29.5.1992, art. 3, Sch. Pt. I.

Modifications etc. (not altering text)

C1 S. 23(2) extended (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 25(1); Commencement Order No. 1 made on 29.5.1992, art. 3, Sch. Pt. I.