Regulation 63 Referrals in respect of disagreement between contract partiesI1

England, Wales and Scotland

(1)

Where, in relation to a supply contract, the customer disagrees with a determination made by the supplier in respect of a Part 2 or Part 4 matter—

(a)

the customer may, within a reasonable time after the supplier gave notice to or otherwise informed the customer of the determination, give notice to the supplier setting out what it disagrees with and explaining why it does;

(b)

following such notice the customer and the supplier must endeavour to resolve the disagreement, but this does not require or entitle the supplier to make any determination which is not consistent with these Regulations.

(2)

If the disagreement is resolved, the supplier shall, if such resolution so requires, redetermine the matter in question and give a revised notice to or otherwise inform the customer of such redetermination accordingly.

(3)

F1Subject to the exception in paragraph (3A), If the disagreement is not resolved within a reasonable time after the notice was given—

(a)

the supplier’s determination shall remain effective, and the relevant matter shall be determined on the basis of what is said in the notice, pending any determination pursuant to a reference under sub-paragraph (b);

(b)

the supplier or the customer may refer the matter for determination by the Secretary of State;

(c)

the Regulations shall apply in relation to the supply contract on the basis of the determination made by the Secretary of State and the contract parties shall comply with that determination.

F2(3A)

Where the disagreement is not resolved and the matter concerns a determination made by the supplier under or by virtue of regulations 19(3A) and (3B) or 39(1)(e) and (f)—

(a)

paragraph (3) does not apply, and

(b)

the supplier's determination remains effective.

(4)

The Secretary of State may decline to determine a matter referred under this regulation where the Secretary of State considers that the referral does not meet the applicable threshold, by giving notice to that effect to the contract parties setting out the reasons for so considering.

Annotations

Textual amendments

F1: Words in reg. 63(3) inserted (13.3.2025) by The Energy Bill Relief Scheme and Energy Bills Discount Scheme (Amendment) Regulations 2025 (S.I. 2025/204), regs. 1(1), 5(a)
F2: Reg. 63(3A) inserted (13.3.2025) by The Energy Bill Relief Scheme and Energy Bills Discount Scheme (Amendment) Regulations 2025 (S.I. 2025/204), regs. 1(1), 5(b)

Commencement

I1: Reg. 63 in force at 1.11.2022, see reg. 1(1)