Section 39B Standards of performance in individual cases: disputes.F1

England, Wales and Scotland

(1)

Any dispute arising under section 39 or 39A or regulations made under either of those sections—

(a)

may be referred to F2Authority—

(i)

by either party, or

(ii)

with the consent of either party, by F3Citizens 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 by the Authority or, if it thinks fit, by such person (other than F4Citizens Advice F5, Citizens Advice Scotland or Consumer Scotland) as may be prescribed.

(2)

A person making an order under subsection (1) shall include in the order his reasons for reaching his decision with respect to the dispute.

(3)

The practice and procedure to be followed in connection with any such determination shall be such as may be prescribed.

(4)

An order under subsection (1) shall be final and shall be enforceable—

(a)

in England and Wales, as if it were a judgment of F6the county court; and

(b)

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

(5)

In this section “prescribed” means prescribed by regulations made by the Authority with the consent of the Secretary of State.

Annotations

Textual amendments

F1: Ss. 39A, 39B inserted (16.5.2001 for certain purposes and otherwise 1.10.2001) by 2000 c. 27, s. 54(2); S.I. 2001/1781, art. 2, Sch. (subject to transitional provisions in arts. 3-10); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)
F2: Words in s. 39B(1)(a) substituted (1.4.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(3), Sch. 1 para. 5(10)(a) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)
F3: Words in s. 39B(1)(a)(ii) substituted (13.1.2022) by The Consumer Scotland Act 2020 (Consequential Provisions and Modifications) Order 2022 (S.I. 2022/34), art. 1(1), Sch. para. 3(10)(a) (with art. 5)
F4: Words in s. 39B(1)(b) substituted (1.4.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(3), Sch. 1 para. 5(10)(b) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)
F5: Words in s. 39B(1)(b) substituted (13.1.2022) by The Consumer Scotland Act 2020 (Consequential Provisions and Modifications) Order 2022 (S.I. 2022/34), art. 1(1), Sch. para. 3(10)(b) (with art. 5)
F6: Words in s. 39B(4)(a) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Notes on Part I

Modifications

C1

Pt. I modified (5.10.2004) by Energy Act 2004 (c. 20), ss. 184(12), 185(13), 198(2); S.I. 2004/2575, art. 2(1), Sch. 1

C2

Pt. I modified (S.) (30.11.2005) by The Electricity from Non-Fossil Fuel Sources (Scotland) Saving Arrangements Order 2005 (S.S.I. 2005/549), arts. 1(1), 9

C3

Pt. 1 excluded (30.12.2015) by The Port Talbot Steelworks Generating Station Order 2015 (S.I. 2015/1984), arts. 1, 7(2) (with art. 26)

C4

Pt. I (ss. 1-64) applied (1.10.2001) by S.I. 2001/3264, regs. 4(2), 5(2)

C5

Pt. I (ss. 1-64) amended (E.W.) (27.10.2000) by S.I. 2000/2727, art. 10

Pt. I (ss. 1-64) amended (7.11.2000) by 2000 c. 27, s. 105(1)(a); S.I. 2000/2974, art. 2, Sch. (subject to transitional provisions in arts. 3-12)

Pt. I (ss. 1-64) amended (E.W.) (1.10.2001) by S.I. 2000/2727, art. 10 (as substituted (1.10.2001) by S.I. 2001/3268, art. 2(13))