# The Electricity and Gas (Internal Markets) Regulations 2011, Regulation 29: Authority's dispute resolution functions in relation to electricity


(1) The Electricity Act 1989 is amended as follows.
(2) In each of the following, for “Article 23” substitute “ Article 37 ”
(a) the italic heading preceding section 44B (meaning of “Article 37 dispute”); and
(b) the title of section 44B.
(3) In section 44B—
(a) for subsection (1) substitute—
“(1) For the purposes of sections 44C and 44D a dispute is an “Article 37 dispute” if—
(a) it arises from a written complaint—
(i) made against the holder of a transmission licence,
(ii) made against the holder of a distribution licence,
(iii) made against the holder of an interconnector licence,
(iv) made against a distribution exemption holder, or
(v) made by a person falling within paragraph (a) of subsection (1A) 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 Electricity Directive; and
(c) it is a dispute between the complainant and the person complained against.
(1A) For the purposes of subsection (1)(a)(v)—
(a) a person falls within this paragraph if the person is certified on the ground mentioned in section 10E(5) in respect of a transmission system or electricity interconnector;
(b) a person falls within this paragraph if the person is designated under section 10H(3) in respect of the transmission system or electricity interconnector mentioned in paragraph (a).”;
(b) in subsection (2)—
(i) for “(1)(b)” substitute “ (1)(a) ”, and
(ii) in paragraph (a)(i) for “the licence” substitute “ a licence ”;
(c) for subsection (3) substitute—
“(3) In this section, “household customer” means a customer who purchases electricity for consumption by the customer's own household.”.
(4) In section 44C (determination of disputes)—
(a) in subsections (1), (2) and (3), for “Article 23” substitute “ Article 37 ”; and
(b) for subsection (8) substitute—
“(8) Sections 25 to 28 have effect in relation to a person against whom a complaint is made as mentioned in section 44B(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 25(8)) included references to that duty or requirement;
(b) if the complaint is made against the person as mentioned in sub-paragraph (v) of section 44B(1)(a), also as if references in those sections to a regulated person included references to that person.”.
(5) In section 44D (time limit for determinations)—
(a) in subsections (1) and (6)(a), for “Article 23” substitute “ Article 37 ”;
(b) in subsection (2) omit “and (5)”; and
(c) omit subsections (4) and (5).

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Source: https://www.legislation.gov.uk/uksi/2011/2704/regulation/29 (the official version)
Page: https://openlegislation.uk/electricity-and-gas-internal-markets-regulations-2011/regulation-29
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.