Disputes

4.—(1) Any dispute between the authorised distributor, the authorised supplier and the customer as to whether or not regulation 3 applies in particular circumstances—

(a)may be referred to the Authority by any party to the dispute; and

(b)on such reference, shall be determined (by order in writing to the parties) by the Authority or, if it thinks fit, by such person as it may appoint.

(2) A person making an order under paragraph (1) shall include in the order the reasons for reaching the decision with respect to the dispute.

(3) An order under paragraph (1)—

(a)shall be final and shall be enforceable—

(i)in England and Wales, as if it were a judgement 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.

(b)may include a provision requiring any party to pay a sum in respect of the reasonable costs or expenses incurred by the person making the order.