Competition and Service (Utilities) Act 1992

6 Billing disputes. U.K.

(1) The following section shall be inserted in the M1 Telecommunications Act 1984, after section 27F—

“27G Billing disputes.

(1) The Secretary of State may by regulations make provision for billing disputes to be referred to the Director for determination in accordance with the regulations.

(2) In this section “billing dispute” means a dispute between a designated operator and a customer concerning the amount of the charge which the operator is entitled to recover from the customer in connection with the provision of any relevant service.

(3) Regulations under this section may only be made after consulting—

(a) the Director; and

(b) persons or bodies appearing to the Secretary of State to be representative of persons likely to be affected by the regulations.

(4) Regulations under this section may provide that, where a billing dispute is referred to the Director, he may either—

(a) determine the dispute, or

(b) appoint an arbitrator (or in Scotland an arbiter) to determine it.

(5) Any person determining any billing dispute in accordance with regulations under this section shall, in such manner as may be specified in the regulations, give his reasons for reaching his decision with respect to the dispute.

(6) Regulations under this section may provide—

(a) that disputes may be referred to the Director under this section only by prescribed persons; and

(b) for any determination to be final and enforceable—

(i) in England and Wales and in Northern Ireland, as if it were a judgment of a county court; and

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

(7) Except in such circumstances (if any) as may be prescribed by regulations under this section—

(a) the Director or an arbitrator (or in Scotland an arbiter) appointed by him shall not determine any billing dispute which is the subject of proceedings before, or with respect to which judgment has been given by, any court; and

(b) neither party to any billing dispute which has been referred to the Director for determination in accordance with regulations under this section shall commence proceedings before any court in respect of that dispute pending its determination in accordance with the regulations.

(8) No designated operator may commence proceedings before any court in respect of any charge in connection with the provision by him of any relevant service unless, not less than 28 days before doing so, the customer concerned was informed by him, in such form and manner as may be prescribed by regulations under this section, of—

(a) his intention to commence proceedings;

(b) the customer’s rights by virtue of this section; and

(c) such other matters (if any) as may be so prescribed.”

(2) In section 53 of the Act of 1984 (power to require information), in the definition of “relevant purpose” in subsection (6), after “section 27F above;” there shall be inserted—

“ (ab) the determination of any dispute referred to the Director in accordance with regulations made under section 27G above; ”.

Commencement Information

I1 S. 6 partly in force; S. 6 not in force at Royal Assent see s. 56(2); S. 6(2) wholly in force and S. 6(1) in force for certain purposes at 1.7.1992 by Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 3, Sch. Pt. I.

Marginal Citations

M1 1984 c. 12.