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