Section 70ZK Enforcement of access agreements: supplementary provisionF1

(1)

An access agreement—

(a)

is enforceable only by means of a complaint under section 70ZH or 70ZI, and not by any other means;

(b)

in particular, is to be conclusively presumed not to have been intended by the parties to be a legally enforceable contract.

(2)

Accordingly, where an access agreement is, or is part of, a collective agreement, section 179(2) and (3)(a) do not apply to the access agreement.

(3)

A complaint under section 70ZH or 70ZI must be in writing and in such form as the Central Arbitration Committee may require.

(4)

In its consideration of a complaint under section 70ZH or 70ZI, the Central Arbitration Committee—

(a)

may make such enquiries as it sees fit;

(b)

may make reasonable requests to provide information or documents relevant to the complaint;

(c)

so far as reasonably practicable, must give any person who it considers has a proper interest in the complaint an opportunity to be heard.

(5)

The Central Arbitration Committee may draw an adverse inference from a person’s failure to comply with any reasonable request to provide information or documents relevant to a complaint under section 70ZH or 70ZI.

Annotations

Textual amendments

F1: Pt. 1 Ch. 5ZA inserted (6.1.2026 for specified purposes) by Employment Rights Act 2025 (c. 36), ss. 59(2), 159(3); S.I. 2026/3, reg. 2(19)(b)