Electricity Act 1989

[F144BMeaning of “[F2Article 37]dispute”E+W+S

[F3(1)For the purposes of sections 44C and 44D a dispute is an “Article 37 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 under any relevant condition or relevant requirement in relation to that person imposed for the purpose of implementing the Electricity Directive; 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 [F4(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 [F5a 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.

[F6(3)In this section, “household customer” means a customer who purchases electricity for consumption by the customer’s own household.]]

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