# The Electricity and Gas (Internal Markets) Regulations 2011, Regulation 28: Authority's dispute resolution functions in relation to gas


(1) The Gas Act 1986 is amended as follows.
(2) In each of the following, for “Article 25” substitute “ Article 41 ”
(a) the italic heading preceding section 27B (meaning of “Article 25 dispute”); and
(b) the title of section 27B.
(3) In section 27B—
(a) for subsection (1) substitute—
“(1) For the purposes of sections 27C and 27D, a dispute is an “Article 41 dispute” if—
(a) it arises from a written complaint—
(i) made against a gas transporter,
(ii) made against the holder of a licence under section 7ZA,
(iii) made against the owner of an LNG import or export facility,
(iv) made against the owner of a storage facility,
(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
(vi) made by a person falling within paragraph (a) of subsection (1B) against a person falling within paragraph (b) of that subsection;
(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
(c) it is a dispute between the complainant and the person complained against.
(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.
(1B) For the purposes of subsection (1)(a)(vi)—
(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;
(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).”;
(b) in subsection (2), for “(1)(b)” substitute “ (1)(a) ”;
(c) in subsection (3)—
(i) omit the definitions of “2003 Directive”, “LNG import facility” and “owner”, and
(ii) for the definition of “household customer” substitute—
““household customer” means a customer who purchases gas for consumption by the customer's own household;”.
(4) In section 27C (determination of disputes)—
(a) in subsections (1), (2) and (3), for “Article 25” substitute “ Article 41 ”;
(b) for subsection (8), substitute—
“(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—
(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
(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.”;
(c) omit subsection (9).
(5) In section 27D (time limit for determinations), in subsections (1) and (4)(a), for “Article 25” substitute “ Article 41 ”.

---
Source: https://www.legislation.gov.uk/uksi/2011/2704/regulation/28 (the official version)
Page: https://openlegislation.uk/electricity-and-gas-internal-markets-regulations-2011/regulation-28
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.