SCHEDULES

F1SCHEDULE 3AThe electronic communications code

PART 16Enforcement and dispute resolution

Award of costs by tribunal

96

(1)

Where in any proceedings a tribunal exercises functions by virtue of regulations under paragraph 95(1), it may make such order as it thinks fit as to costs, or, in Scotland, expenses.

(2)

The matters a tribunal must have regard to in making such an order include in particular—

F2(a)

the extent to which any party is successful in the proceedings F3, and

(b)

any unreasonable refusal by a party to engage in alternative dispute resolution.