C3C4C1C2 Part I ELECTRICITY SUPPLY

Annotations:
Modifications etc. (not altering text)
C1

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

C2

Pt. 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))

F1Article 23 Disputes

Annotations:
Amendments (Textual)
F1

Ss. 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 “Article 23 dispute”

1

For the purposes of sections 44C and 44D a dispute is an “Article 23 dispute” if—

a

it is wholly or mainly a dispute with respect to an issue mentioned in paragraph 1, 2 or 4 of Article 23 of the 2003 Directive; and

b

it arises from a written complaint made against the holder of—

i

a transmission licence,

ii

a distribution licence, or

iii

an interconnector licence,

and is a dispute between the complainant and the person complained against.

2

The reference in subsection (1)(b) 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 the 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.

3

In this section—

  • “the 2003 Directive” means Directive 2003/54/EC of the European Parliament and of the Council concerning common rules for the internal market in electricity;

  • “household customer” has the meaning given by Article 2(10) of the 2003 Directive.