29.—(1) The Electricity Act 1989 M1 is amended as follows.
(2) In each of the following, for “Article 23” substitute “ Article 37 ”
(a)the italic heading preceding section 44B (meaning of “Article 37 dispute”); and
(b)the title of section 44B.
(3) In section 44B—
(a)for subsection (1) substitute—
“(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).”;
(b)in subsection (2)—
(i)for “(1)(b)” substitute “ (1)(a) ”, and
(ii)in paragraph (a)(i) for “the licence” substitute “ a licence ”;
(c)for subsection (3) substitute—
“(3) In this section, “household customer” means a customer who purchases electricity for consumption by the customer's own household.”.
(4) In section 44C (determination of disputes)—
(a)in subsections (1), (2) and (3), for “Article 23” substitute “ Article 37 ”; and
(b)for subsection (8) substitute—
“(8) Sections 25 to 28 have effect in relation to a person against whom a complaint is made as mentioned in section 44B(1)(a), and on whom a duty or other requirement is imposed by an order under this section—
(a)as if references in those sections to a relevant requirement (other than the reference in section 25(8)) included references to that duty or requirement;
(b)if the complaint is made against the person as mentioned in sub-paragraph (v) of section 44B(1)(a), also as if references in those sections to a regulated person included references to that person.”.
(5) In section 44D (time limit for determinations)—
(a)in subsections (1) and (6)(a), for “Article 23” substitute “ Article 37 ”;
(b)in subsection (2) omit “and (5)”; and
(c)omit subsections (4) and (5).
Marginal Citations
M1 1989 c. 29. Sections 44B to 44D, and the italic heading preceding section 44B, were inserted by S.I. 2009/1349, regulation 3.