{
  "url": "https://openlegislation.uk/draft-electricity-and-gas-internal-markets-regulations-2011/regulation-28",
  "json_url": "https://openlegislation.uk/draft-electricity-and-gas-internal-markets-regulations-2011/regulation-28.json",
  "legislation": "ukdsi/2011/9780111513965",
  "legislation_title": "The Electricity and Gas (Internal Markets) Regulations 2011",
  "legislation_url": "https://openlegislation.uk/draft-electricity-and-gas-internal-markets-regulations-2011",
  "path": "regulation/28",
  "kind": "regulation",
  "number": "28",
  "heading": "Authority’s dispute resolution functions in relation to gas",
  "text": "(1) The Gas Act 1986 is amended as follows.\n(2) In each of the following, for “Article 25” substitute “Article 41”—\n(a) the italic heading preceding section 27B (meaning of “Article 25 dispute”); and\n(b) the title of section 27B.\n(3) In section 27B—\n(a) for subsection (1) substitute—\n“(1) For the purposes of sections 27C and 27D, a dispute is an “Article 41 dispute” if—\n(a) it arises from a written complaint—\n(i) made against a gas transporter,\n(ii) made against the holder of a licence under section 7ZA,\n(iii) made against the owner of an LNG import or export facility,\n(iv) made against the owner of a storage facility,\n(v) made against a person carrying out an activity described in section 5(1)(a) or (aa) who has been granted an exemption under section 6A(1), or\n(vi) made by a person falling within paragraph (a) of subsection (1B) against a person falling within paragraph (b) of that subsection;\n(b) it is wholly or mainly a dispute regarding an obligation of the person complained against under any relevant condition or relevant requirement in relation to that person imposed for the purpose of implementing the Gas Directive; and\n(c) it is a dispute between the complainant and the person complained against.\n(1A) Until section 75 of the Utilities Act 2000 comes into force the reference in subsection (1)(a)(v) above to a person who has been granted an exemption under section 6A(1) includes a person to whom one or more of the exceptions to section 5(1) contained in Schedule 2A applies.\n(1B) For the purposes of subsection (1)(a)(vi)—\n(a) a person falls within this paragraph if the person is certified on the ground mentioned in section 8G(5) in respect of a pipe-line system or gas interconnector;\n(b) a person falls within this paragraph if the person is designated under section 8J(3) in respect of the pipe-line system or gas interconnector mentioned in paragraph (a).”;\n(b) in subsection (2), for “(1)(b)” substitute “(1)(a)”;\n(c) in subsection (3)—\n(i) omit the definitions of “2003 Directive”, “LNG import facility” and “owner”, and\n(ii) for the definition of “household customer” substitute—\n““household customer” means a customer who purchases gas for consumption by the customer’s own household;”.\n(4) In section 27C (determination of disputes)—\n(a) in subsections (1), (2) and (3), for “Article 25” substitute “Article 41”;\n(b) for subsection (8), substitute—\n“(8) Sections 28 to 30F and 38 have effect in relation to a person against whom a complaint is made as mentioned in section 27B(1)(a), and on whom a duty or other requirement is imposed by an order under this section—\n(a) as if references in those sections to a relevant requirement (other than the reference in section 28(8)) included references to that duty or requirement; and\n(b) if the complaint is made against the person as mentioned in sub-paragraph (vi) of section 27B(1)(a), also as if references in those sections to a regulated person included references to that person.”;\n(c) omit subsection (9).\n(5) In section 27D (time limit for determinations), in subsections (1) and (4)(a), for “Article 25” substitute “Article 41”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "1986 c. 44. Sections 27B to 27D, and the italic heading preceding section 27B, were inserted by regulation 3 of S.I. 2009/1349."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2011/9780111513965/regulation/28",
    "retrieved_at": "2026-10-30T14:53:07.010200+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}