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Change 1
As published
44C Determination of disputes
(1) A section 44B dispute (other than one which may be referred to the Authority under or by virtue of any other provision of this Act) may be referred to the Authority under this section by the person who is the complainant in relation to the dispute.
(2) A section 44B dispute referred to the Authority under this section shall be determined by order made either by the Authority or, if the Authority thinks fit, by an arbitrator (or in Scotland an arbiter) appointed by the Authority.
(3) The practice and procedure to be followed in connection with a section 44B dispute referred to the Authority under this section shall be such as the Authority may consider appropriate.
(4) An order under this section—
(a) may include such incidental, supplemental and consequential provision as the person making the order considers appropriate; and
(b) shall be final.
(5) The provision that may be included in an order under this section by virtue of subsection (4)(a) above includes provision requiring either party to pay a sum in respect of the costs or expenses incurred by the person making the order (“costs provision”).
(6) In including costs provision in an order under this section, the person making the order shall have regard to the conduct and means of the parties and any other relevant circumstances.
(7) Costs provision included in an order under this section shall be enforceable—
(a) in England and Wales, as if it were a judgment of the county court;
(b) in Scotland, as if it were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff.
(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.
Your change, as a redline
44C Determination of disputes
(1) A section 44B dispute (other than one which may be referred to the Authority under or by virtue of any other provision of this Act) may be referred to the Authority under this section by the person who is the complainant in relation to the dispute.
(2) A section 44B dispute referred to the Authority under this section shall be determined by order made either by the Authority or, if the Authority thinks fit, by an arbitrator (or in Scotland an arbiter) appointed by the Authority.
(3) The practice and procedure to be followed in connection with a section 44B dispute referred to the Authority under this section shall be such as the Authority may consider appropriate.
(4) An order under this section—
(a) may include such incidental, supplemental and consequential provision as the person making the order considers appropriate; and
(b) shall be final.
(5) The provision that may be included in an order under this section by virtue of subsection (4)(a) above includes provision requiring either party to pay a sum in respect of the costs or expenses incurred by the person making the order (“costs provision”).
(6) In including costs provision in an order under this section, the person making the order shall have regard to the conduct and means of the parties and any other relevant circumstances.
(7) Costs provision included in an order under this section shall be enforceable—
(a) in England and Wales, as if it were a judgment of the county court;
(b) in Scotland, as if it were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff.
(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.
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