The Advanced Television Services Regulations 1996

Dispute resolution procedures

15.—(1) The Director shall from time to time establish and maintain in force appropriate dispute resolution procedures (“the Article 4(e) dispute resolution procedures”) to which any party having an unresolved dispute concerning the application of any provision of this Part shall have easy, and in principle inexpensive, access, with the objective of resolving such disputes in a fair, timely and transparent manner.

(2) The Article 4(e) dispute resolution procedures–

(a) shall not preclude an action at law from either side; and

(b) are without prejudice to any action that the Commission or any member State may take pursuant to the Community Treaties.

(3) The Article 4(e) dispute resolution procedures shall provide for the appointment by the Director of an independent person–

(a) nominated by the parties to the dispute; or

(b) in default of agreement between the parties, and subject to (8) below, either the Director or another person nominated by him according to the procedures established by him,

to act as a conciliator to assist the parties to resolve their dispute in accordance with those procedures.

(4) Where the parties so agree–

(a) in their application for the appointment of a conciliator; or

(b) following notification of the findings of the conciliator,

such findings shall be binding on the parties and shall, subject to paragraph (6), have effect as a contract between the parties.

(5) The reasonable costs or expenses incurred by the conciliator in performing his functions under this regulation shall be set out in his findings and shall be met by the parties in equal shares:

• Provided that, where it appears to the conciliator that, having regard to the conduct and means of the parties and any other relevant circumstances, it would be appropriate to share the costs or expenses in some other manner, he shall set out in his findings as to the apportionment of the costs and the reasons therefor.

(6) The findings of the conciliator, in so far as they relate to his costs or expenses, shall be enforceable as against any party in respect of his share determined in accordance with paragraph (5) above–

(a) in England and Wales and in Northern Ireland as if it were a judgement of a county court; and

(b) in Scotland as if it were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff.

(7) On the expiry of two months (or such longer period as the parties to the dispute and the conciliator may agree) commencing on the date of the appointment of the conciliator, the dispute resolution procedure shall be taken to be completed, notwithstanding that the parties have not reached agreement and the conciliator has not included in his findings anything material to the resolution of the dispute.

(8) In paragraph (3) above, ‘independent person’ means a person independent of the parties to the dispute.