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The Utilities Contracts (Scotland) Regulations 2006

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46.—(1) An economic operator which considers that–

(a)a utility has breached or may breach the duty referred to in regulation 45(1) and (2); and

(b)in consequence that economic operator has suffered, or risks suffering, loss or damage;

and which wishes to use the conciliation procedure provided for in Articles 10 and 11 of the Utilities Remedies Directive shall send a request for the application of the procedure to the Minister for onward transmission as soon as possible to the Commission.

(2) Neither the request for nor any action taken in accordance with the conciliation procedure referred to in paragraph (1) shall affect the rights or liabilities of–

(a)the economic operator requesting it;

(b)the utility in respect of which the request is made; or

(c)any other person.

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