PART IIELECTRICITY SUPPLY
Enforcement of preceding provisions
F1Dispute resolution31A
F21
Any person may make a complaint under this Article (hereinafter referred to as “a complaint”) if—
a
the subject matter of the complaint constitutes a dispute between the complainant and—
i
the holder of a transmission licence;
ii
the holder of a distribution licence; F3. . .
iii
a distribution exemption holder; F4or
F5iv
a supply exemption holder;
b
it is wholly or mainly a complaint against that holder regarding an obligation imposed upon him pursuant to the Directive F8or Directive 2009/72/EC of the European Parliament and of the Council of 13th July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC; and
c
the subject matter of the complaint—
i
does not fall to be dealt with under Article 26 or Article 42A; and
ii
is not capable of being determined pursuant to any other provision of this Order.
2
A complaint shall be made in writing to the Authority and shall be accompanied by such information as is necessary or expedient to allow the Authority to make a determination in relation to the complaint.
3
The Authority shall establish and publish such procedures as it thinks appropriate for the determination by it of a complaint.
4
The procedures established under paragraph (3) shall provide for the determination of the complaint to be notified to the complainant within the requisite period or such longer period as the Authority may agree with the complainant.
5
For the purposes of paragraph (4) the requisite period in any case means—
a
the period of two months from the date when the complaint was received by the Authority; or
b
where the information sent to the Authority under paragraph (2) was in its opinion insufficient to enable it to make a determination, the period of four months from the date the complaint was received by the Authority.
F65A
Where the Authority makes a determination under this Article, it may include in the determination an order requiring any party to the dispute to pay such sum in respect of the costs or expenses incurred by the Authority in making the determination as the Authority considers appropriate and this order shall be final and shall be enforceable as if it were a judgement of the county court.
5B
In making an order under paragraph (5A), the Authority shall have regard to the conduct and means of the parties and other relevant circumstances.
6
For the purposes of this Article “determination” in relation to any complaint means a determination about the exercise of any power or duty conferred or imposed on the Authority in relation to electricity under this Order or the Energy (Northern Ireland) Order 2003 insofar as that power or duty relates to the subject matter of the complaint.
F77
In this Article—
a
“distribution exemption holder” means a person who carries on the activity referred to in Article 8(1)(bb) under the authority of an exemption granted pursuant to Article 9; and
b
“supply exemption holder” means a person who carries on the activity referred to in Article 8(1)(c) under the authority of an exemption granted pursuant to Article 9.