26(1)Section 23 (determination of disputes) is amended as follows.U.K.
(2)For subsections (1) and (2) there is substituted—
“(1)This section applies (in addition to any disputes to which it applies by virtue of any other provision of this Act) to any dispute arising under sections 16 to 21 between an electricity distributor and a person requiring a connection.
(1A)A dispute to which this section applies—
(a)may be referred to the Authority by either party, or with the agreement of either party, by the Council; and
(b)on such a reference, shall be determined by order made either by the Authority or, if the Authority thinks fit, by an arbitrator (or in Scotland an arbiter) appointed by the Authority.
(1B)The practice and procedure to be followed in connection with any such determination shall be such as the Authority may consider appropriate.
(1C)No dispute arising under sections 16 to 21 which relates to the making of a connection between any premises and a distribution system may be referred to the Authority after the end of the period of 12 months beginning with the time when the connection is made.
(2)Where a dispute arising under sections 16 to 21 between an electricity distributor and a person requiring a connection falls to be determined under this section, the Authority may give directions as to the circumstances in which, and the terms on which, the distributor is to make or (as the case may be) to maintain a connection pending the determination of the dispute.”
(3)After subsection (4) there is inserted—
“(4A)A person making an order under this section shall include in the order his reasons for reaching his decision with respect to the dispute.”
(4)After subsection (6) there is inserted—
“(7)Section 16(4)(a) does not apply to the references in this section to making a connection.”
Commencement Information
I1 Sch. 6 para. 26 in force at 1.10.2001 by S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)