SCHEDULES
SCHEDULE 3A

The electronic communications code
PART 16

Enforcement 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—
a
the extent to which any party is successful in the proceedings
, and
b
any unreasonable refusal by a party to engage in alternative dispute resolution.
Sch. 3A para. 96(2)(b) and word inserted (7.11.2023) by Product Security and Telecommunications Infrastructure 2022 (c. 46), ss. 69(5)(b), 79(2); S.I. 2023/1022, reg. 2(b)
Words in Sch. 3A para. 96(2) renumbered in part as Sch. 3A para. 96(2)(a) (7.11.2023) by Product Security and Telecommunications Infrastructure 2022 (c. 46), ss. 69(5)(a), 79(2); S.I. 2023/1022, reg. 2(b)
Sch. 3A inserted (31.7.2017 for the purpose of making regulations under Sch. 3A para. 95, 22.11.2017 but only in relation to Sch. 3A para. 106, 28.12.2017 in so far as not already in force) by Digital Economy Act 2017 (c. 30), s. 118(6), Sch. 1 (with Sch. 2); S.I. 2017/765, reg. 2(ii)(jj); S.I. 2017/1136, reg. 2; S.I. 2017/1286, reg. 2(b)
Sch. 3A applied by S.I. 1991/1220 (N.I. 11), art. 104(5) (as substituted (28.12.2017) by The Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Primary Legislation) Regulations 2017 (S.I. 2017/1285), reg. 1(1), Sch. 1 para. 28(2)(c))