Search Legislation

Energy Act 2016

Status:

This is the original version (as it was originally enacted).

21Action by the OGA on a dispute reference

This section has no associated Explanatory Notes

(1)On a reference of a dispute made under section 20, the OGA must decide whether the reference is to be—

(a)rejected,

(b)adjourned to enable further negotiation between the parties to the dispute, or

(c)accepted (see section 23).

(2)The OGA must issue guidance about the matters to which it will have regard when making a decision under subsection (1).

(3)As soon as reasonably practicable after the OGA has made a decision under subsection (1), it must give notice in writing stating—

(a)its decision,

(b)the reasons for the decision, and

(c)the date of the decision,

to each relevant party to the dispute, and to any other parties to the dispute who have contributed (whether by providing information or attending meetings) to the OGA’s decision-making process.

(4)The grounds on which the OGA may reject a reference include, but are not limited to, grounds that—

(a)the dispute is not a qualifying dispute;

(b)the party that referred the dispute is not a relevant party;

(c)the reference is frivolous or vexatious;

(d)there are more appropriate means available for resolving the dispute;

(e)the dispute is not sufficiently material to the fulfilment of the principal objective to warrant, in the circumstances, its consideration by the OGA;

(f)the OGA considers it unlikely that, in the circumstances, it would be able to make a satisfactory recommendation in respect of the dispute.

(5)Where the OGA adjourns a reference of a dispute—

(a)it must set a timetable in accordance with which relevant parties to the dispute are to conduct further negotiations and revert to the OGA,

(b)it may give directions with which relevant parties to the dispute are to comply during the adjournment, and

(c)it must, when the relevant parties revert to it following the adjournment, make a further decision under subsection (1) in respect of the reference.

(6)Requirements imposed by the OGA on relevant parties—

(a)under subsection (5)(a), or

(b)by directions under subsection (5)(b),

are sanctionable in accordance with Chapter 5.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources