C1 Part I Gas Supply
F1 Determination of disputes
S. 27A and the preceding cross-heading inserted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 26; S.I. 1996/218, art. 2
27AF2 Determination of certain disputes.
1
Subject to subsection (2) below, any dispute arising under section 9(1)(b) or (2), 10 or 11 above, regulations under section 10 above, or any provision of paragraphs 2, 3, 15 or 16 of Schedule 2B to this Act, between a F3gas transporter or gas supplier and a person who is, or wishes to become, a F4customer of a person authorised by a licence or exemption to supply gas—
a
may be referred to the F7Authority—
i
by either party, or
ii
with the consent of either party, by F5Citizens Advice, Citizens Advice Scotland or Consumer Scotland or those bodies or any two of them acting jointly;and
b
on such a reference, shall be determined by order made either by the Director, or if he thinks fit by an arbitrator (or in Scotland arbiter) appointed by him.
2
No dispute which—
a
arises under section 9(1)(b) above and relates to the connection of any premises to a pipe-line system operated by a F3gas transporter; or
b
arises under section 10 above, or regulations under that section, and relates to the connection of any premises to a main of such a transporter,
may be referred to the Director after the end of the period of 12 months beginning with the time when the connection is made.
3
Any person making an order under subsection (1) above shall include in the order his reasons for reaching his decision with respect to the dispute.
4
The practice and procedure to be followed in connection with any such determination shall be such as the Director may consider appropriate.
5
Where any dispute between a F3gas transporter and a person requiring a connection to a main of the transporter falls to be determined under this section, the Director may give directions as to the circumstances in which, and the terms on which, the transporter is to connect or (as the case may be) to maintain the connection pending the determination of the dispute.
6
Where any dispute between a gas supplier and a person requiring a supply of gas falls to be determined under this section, the Director may give directions as to the circumstances in which, and the terms on which, the supplier is to give or (as the case may be) to continue to give the supply pending the determination of the dispute.
7
Where any dispute arising under section 11(1) above falls to be determined under this section, the Director may give directions as to the security (if any) to be given pending the determination of the dispute.
8
Any direction under subsection (5), (6) or (7) above may be expressed to apply either in relation to a particular case or in relation to a class of case.
9
An order under this section—
a
may include such incidental, supplemental and consequential provision (including provision requiring either party to pay a sum in respect of the costs or expenses incurred by the person making the order) as that person considers appropriate; and
b
shall be final and—
i
in England and Wales, enforceable, in so far as it includes such provision as to costs or expenses, as if it were a judgment of F6the county court ; and
ii
in Scotland, enforceable as if it were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff.
10
In including in an order under this section any such provision as to costs or expenses, the person making the order shall have regard to the conduct and means of the parties and any other relevant circumstances.
Pt. I: definition of "public gas supplier" applied (E.W.) (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 208(3)(b), 225(2) (with ss. 16(6), 179, 222(3), Sch. 22 para. 1, Sch. 23 para. 6)
Pt. I: definition of "public gas supplier" applied (E.W.) (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 178, 225(2), Sch. 22 para. 1(4)(e) (with ss. 16(6), 179, 222(3), Sch. 22 para. 1, Sch. 23 para. 6)
Pt. I applied (1.3.1996) by 1995 c. 45, s. 6(7); S.I. 1996/218, art. 2
Pt. I applied (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 1; S.I. 1996/218, art. 2