C3C4C1C2 Part I ELECTRICITY SUPPLY
Pt. I modified (S.) (30.11.2005) by The Electricity from Non-Fossil Fuel Sources (Scotland) Saving Arrangements Order 2005 (S.S.I. 2005/549), arts. 1(1), 9
Pt. I (ss. 1-64) applied (1.10.2001) by S.I. 2001/3264, regs. 4(2), 5(2)
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
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
44DTime limit for determinations
1
An order determining an Article 23 dispute (whether made under section 44C or made under or by virtue of any other provision of this Act) shall be made within the permitted period.
2
Subject to subsection (3) and (5), the permitted period is the period of two months beginning with the day on which the dispute is referred to the Authority.
3
Where the person determining the dispute requests further information from anyone for the purposes of determining the dispute, the person may, by giving notice to the parties, extend the permitted period—
a
by two months, or
b
with the agreement of the complainant, by a longer period.
4
Subsection (5) applies to a dispute that relates to connection charges for a generating station, or an extension of a generating station, where the station or extension—
a
is being used for the first time, and
b
is of a capacity not less than 100 megawatts.
5
The person determining a dispute to which this subsection applies—
a
may by giving notice to the parties specify a permitted period that is longer than two months;
b
may extend the period specified under paragraph (a), or the period as extended under this paragraph, by giving further notice to the parties.
6
If a person refers a dispute to the Authority, or purports to do so, and the Authority gives to that person a notice—
a
specifying information which it requires in order to assess whether the dispute is an Article 23 dispute, or whether there is a dispute at all, and
b
requesting the person to provide that information,
the dispute shall be treated for the purposes of subsection (2) as not referred to the Authority until the information is provided.
Pt. I modified (5.10.2004) by Energy Act 2004 (c. 20), ss. 184(12), 185(13), 198(2); S.I. 2004/2575, art. 2(1), Sch. 1