Energy Act 2016
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Change 1
23 Procedure for consideration of disputes
(1) This section applies where the OGA— (a) accepts a reference of a dispute under section 21(1), or (b) decides to consider a dispute under section 22(1). (2) The OGA must— (a) consider the dispute, and (b) make a recommendation for resolving it. (3) The OGA— (a) must draw up a timetable for performing its duties under subsection (2), and (b) may give directions with which the relevant parties to the dispute are to comply in order to enable the OGA to carry out those duties. (4) The OGA's recommendation must be one which it considers will enable the dispute to be resolved in a way which best contributes to the fulfilment of the principal objective whilst having regard to the need to achieve an economically viable position for the parties to the dispute. (5) The procedure for considering the dispute and making a recommendation is the procedure that the OGA considers most appropriate. (6) Where the OGA makes a recommendation under this section, the OGA may publish— (a) the recommendation or any part of it; (b) a summary of the recommendation or of any part of it. (7) Before publishing anything under subsection (6), the OGA must give an opportunity to be heard to each relevant party to the dispute. (8) The OGA must issue guidance about the matters to which it will have regard when performing its duties under this section. (9) Requirements imposed by directions under subsection (3)(b) are sanctionable in accordance with Chapter 5.
23 Procedure for consideration of disputes
(1) This section applies where the OGA— (a) accepts a reference of a dispute under section 21(1), or (b) decides to consider a dispute under section 22(1). (2) The OGA must— (a) consider the dispute, and (b) make a recommendation for resolving it. (3) The OGA— (a) must draw up a timetable for performing its duties under subsection (2), and (b) may give directions with which the relevant parties to the dispute are to comply in order to enable the OGA to carry out those duties. (4) The OGA's recommendation must be one which it considers will enable the dispute to be resolved in a way which best contributes to the fulfilment of the principal objective whilst having regard to the need to achieve an economically viable position for the parties to the dispute. (5) The procedure for considering the dispute and making a recommendation is the procedure that the OGA considers most appropriate. (6) Where the OGA makes a recommendation under this section, the OGA may publish— (a) the recommendation or any part of it; (b) a summary of the recommendation or of any part of it. (7) Before publishing anything under subsection (6), the OGA must give an opportunity to be heard to each relevant party to the dispute. (8) The OGA must issue guidance about the matters to which it will have regard when performing its duties under this section. (9) Requirements imposed by directions under subsection (3)(b) are sanctionable in accordance with Chapter 5.
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