Section 27B Meaning of “section 27B dispute”F1 F11

United Kingdom

(F21)

For the purposes of sections 27C and 27D, a dispute is F3a “section 27B 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), F4...

(vi)

made by a person falling within paragraph (a) of subsection (1B) against a person falling within paragraph (b) of that subsection; F5or

(vii)

made against the holder of a gas system planner licence;

(b)

it is wholly or mainly a dispute regarding an obligation of the person complained against F6which falls within subsection (2A); 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).

(2)

The reference in subsection F7(1)(a) to a complaint does not include a reference to—

(a)

a complaint about a modification (or a failure to make a modification) of—

(i)

a term or condition of a relevant licence held by the person complained against, or

(ii)

an obligation or right contained in any code or other document and having effect by virtue of such a term or condition; or

(b)

a complaint made by a person as a household customer or potential household customer.

(F82A)

An obligation of the person complained against falls within this subsection if it is—

(a)

an obligation under a relevant condition or relevant requirement in relation to that person imposed before IP completion day for the purpose of implementing the Gas Directive, including such an obligation as modified on or after IP completion day, or

(b)

an obligation under a relevant condition or relevant requirement in relation to that person imposed on or after IP completion day which, if it had been imposed immediately before IP completion day, would have been an obligation imposed for the purpose of implementing the Gas Directive.

(3)

In this section and section 27C—

F9...
F10“household customer” means a customer who purchases gas for consumption by the customer’s own household;
...
...
“relevant licence” means a licence under section 7(2) or 7ZA.