DISPUTE RESOLUTION (PROCEDURES) REGULATIONS

SUBSIDIARY LEGISLATION 545.30

DISPUTE RESOLUTION (PROCEDURES)

REGULATIONS

1st June, 2016

LEGAL NOTICE 209 of 2016.

(1) The title of these regulations is the Dispute Resolution

(Procedures) Regulations.

(2) These regulations shall apply to the resolution of disputes

by the Regulator for Energy and Water Services.

In these regulations, unless the context otherwise requires

"Act" means the Regulator for Energy and Water Services Act;

"authorisation" shall have the same meaning as under the Act;

" a u t h or i s e d p r ov i d e r " m e a ns a n y n a t u ra l o r le g a l p e rs on

irrespective of whether privately or publicly owned, who is acting,

including through any person acting in his name or on his behalf,

for purposes relating to his trade, business, craft or profession who

has a valid authorisation to operate, provide or carry out any

activity or operation or to provide any service relating to energy

and energy and water services;

"consumer" means any person who uses or requests a service

and, or product the provision of which is regulated by the Act who

is acting for purposes which are outside his trade, business, craft or

profession;

"decision" shall have the same meaning as under the Act;

"directive" shall have the same meaning as under the Act;

"the Minister" means the Minister responsible for Energy;

"person" includes any body corporate and any body of persons

whether or not it has a legal personality distinct from that of its

members;

"prescribed" means prescribed by regulations made under the

Act;

"Regulator" means the Regulator for Energy and Water Services;

" Tr i b u n a l " m e a n s t h e A d m i n i s t r a t i v e R e v i e w Tr i b u n a l

established by article 5 of the Administrative Justice Act.

(1) In the event of a dispute arising between authorised

providers in connection with their rights and, or obligations under

the Act, the Regulator shall, subject to sub-regulation (2), at the

request of an authorised provider who is party to the dispute,

initiate an investigation of the dispute and as soon as possible and

in any case, other than in circumstances which the Regulator

considers exceptional, within four months from the date on which

the dispute was notified to it by a party to the dispute, make a

determination to resolve the dispute and ensure compliance with

the Act

Provided that the period of four months may be extended by

another two months where additional information is sought by the

Regulator and all the parties to the dispute agree to such a further

extension

Provided further that nothing in this regulation shall be

construed as prohibiting the Regulator from investigating of its

own initiative any disputes it may become aware of and which the

Regulator considers it should investigate upon its initiative.

(2) The Regulator may decide not to initiate an investigation

referred to in sub-regulation (1) where it is satisfied that other

means of resolving the dispute in a timely manner are available to

the parties or if legal proceedings in relation to the dispute have

been initiated by any party to the dispute.

(3) Where the Regulator decides not to initiate an investigation

under sub-regulation (2), it shall inform the parties of such decision

as soon as possible thereafter.

(4) If, within four months from the date of a decision referred

to in sub-regulation (3), the dispute is not resolved and the party

seeking redress has not initiated legal proceedings before the

ordinary courts or any other competent adjudicative forum however

so described, the Regulator may, at the request of any of the parties

to the dispute, initiate an investigation and give a decision in

accordance with the provisions of this regulation.

(5) An authorised provider to which a decision under this

regulation applies shall, saving any suspension of the decision

pending the final determination of the appeal, forthwith comply

with that decision. If the authorised provider concerned fails to do

so, it shall be deemed to have committed an infringement of this

regulation and the Regulator may impose an administrative fine in

accordance with the provisions of the Act.

(6) In issuing a decision under this regulation the Regulator

shall state the reasons on which it is based, and shall, subject to

such requirements of commercial confidentiality as it may deem

appropriate, notify the parties to the dispute with a copy of the

decision.

(7) The Regulator shall publish notice of a decision given

under this regulation and shall indicate where copies of or

information regarding the decision may be obtained.

(8) The procedure referred to in this regulation shall not

preclude any party to the dispute from bringing an action before the

courts or any other competent adjudicative forum.

(1) Where a dispute, however so described, arises between

a n a ut h o ri s e d p r o vi d e r a n d a c o n s um e r, f u r th e r t o w h i c h a

consumer makes a complaint by alleging an infringement of the Act

or subsidiary legislation made thereunder, by an authorised

provider, any party to such a dispute may refer the dispute to the

Regulator

Provided that, when referring a dispute under this

regulation, the consumer must prima facie show that he has been

affected by the act or omission of the authorised provider giving

rise to the dispute.

(2) Upon receipt of any reference as aforesaid, or upon

otherwise becoming aware of any such dispute that the Regulator

believes should be investigated, the Regulator shall notify all the

parties to the dispute that the matter is being investigated. In doing

so the Regulator shall regulate its own procedure, which procedure

shall, as far as is reasonably possible, be transparent, simple,

inexpensive and conducive to a prompt and fair settlement of the

dispute, and shall afford all parties to the dispute reasonable

opportunity to make their submissions and to produce any relevant

information

Provided that the Regulator may decide not to initiate an

investigation in accordance with this regulation where it is satisfied

that other means of resolving the dispute in a timely manner are

available to the parties or if legal proceedings in relation to the

dispute have been initiated by any party to the dispute.

(3) The Regulator, in resolving any disputes referred to it under

this regulation, may issue directives to the authorised provider

concerned requiring that authorised provider to comply with any

measure the Regulator may specify for the resolution of the

dispute. Such directives may, having regard to its determination of

the dispute and to all other relevant matters, include an order to

effec t the re imbursement of payments r eceived or t o make

compensation payments. Such payments may also include the

whole or part of the costs of any party relating to the engagement of

a lawyer and, or of a technical adviser in relation to any

submissions relating to the dispute

Provided that, in the absence of such a directive by the

Regulator, the consumer to a dispute shall have the right to request

the Regulator that the whole or part of the costs relating to the

engagement of a lawyer and, or of a technical adviser in relation to

any submissions relating to the dispute be paid to the consumer

concerned by any other party to the dispute.

(4) A party to which a measure under this regulation applies

shall, saving any suspension of the decision pending the final

determination of the appeal by the Tribunal, forthwith comply with

that measure. If the party concerned fails to do so, it shall be

deemed to have committed an infringement of this regulation and

the Regulator may impose an administrative fine of not more than

six hundred euro (€600) for each day of non-compliance in

accordance with the provisions of the Act. The period of non-

compliance shall be deemed to have commenced from the date of

notification of the measure of the Regulator or from any such other

date as may be communicated in the measure which date shall in

any case be on or subsequent to the date of notification.

(5) The Regulator shall make publicly available any

administrative procedures it may from time to time establish in

relation to the handling of any disputes referred to it under this

regulation.

(6) The provisions of this regulation shall be without prejudice

to the right of a consumer to have recourse to any other body in

resolving any such disputes.

(7) In issuing a decision under this regulation the Regulator

shall state the reasons on which it is based, and shall, subject to

such requirements of commercial confidentiality as it may deem

appropriate, notify the parties to the dispute with a copy of the

decision.

(8) The Regulator shall publish notice of a decision given

under this regulation and shall state where copies of, or information

regarding, the decision may be obtained.

(9) The Regulator shall conclude dispute resolution

proceedings under this regulation expeditiously within a time-

frame of ninety calendar days starting on the date on which the

Regulator has received the complete complaint file including all

relevant documentation pertaining to that complaint, and ending on

the date on which the outcome of the dispute resolution proceeding

is made available. The Regulator shall notify the parties after

receiving all the documents necessary to carry out the dispute

resolution proceeding. In certain exceptional cases of a highly

complex nature, including where one of the parties is unable, on

justified grounds, to take part in the dispute resolution proceeding,

the Regulator may extend the time-frame for the purpose of

undertaking an examination of the case in question. The parties

should be informed of any such extension, and of the expected

approximate length of time that will be needed for the conclusion

of the dispute.

(10) The Regulator shall

(a) maintain an up-to-date website which provides the

parties with easy access to information concerning

dispute resolution proceedings, and which enables

consumers to submit a complaint and the requisite

supporting documents online;

(b) provide the parties, at their request, with the

information referred to in paragraph (a) on a durable

medium;

(c) where applicable, enable the consumer to submit a

complaint offline;

(d) enable the exchange of information between the

parties via electronic means or, if applicable, by post;

(e) take the necessary measures to ensure that the

processing of personal data complies with the rules on

the protection of personal data laid down in the Data

Protection Act.

(1) The Regulator may refuse to deal with a given dispute

on the grounds that

(a) the consumer did not attempt to contact the authorised

provider concerned in order to discuss his complaint

and seek, as a first step, to resolve the matter directly

with the authorised provider;

(b) the dispute is frivolous or vexatious;

(c) the dispute is being or has previously been considered

by another dispute resolution entity or by a Court;

(d) the consumer has not submitted the complaint to the

Regulator within one year from the date upon which

the consumer submitted the complaint to the

authorised provider;

(e) dealing with such a type of dispute would otherwise

seriously impair the effective operation of the

Regulator;

(f)

the consumer has not submitted the complaint to the

Regulator within two years from the date upon which

the facts constituting the substance of the complaint of

the consumer have first arisen.

(2) Where, in accordance with its procedural rules, the

Regulator is unable to consider a dispute that has been submitted to

it, the Regulator shall provide both parties with a reasoned

explanation of the grounds for not considering the dispute within

three weeks of receiving the complaint file. Such procedural rules

shall not significantly impair consumers’ access to dispute

resolution proceedings.

A decision made by the Regulator under these regulations

shall be binding on the parties to the dispute

Provided that in the case of disputes between authorised

providers and consumers, the decision may be binding on

consumers only if they are informed of its binding nature in

advance and they have specifically accepted this.

The Administrative Review Tribunal established by article

5 of the Administrative Justice Act shall be competent to hear and

determine appeals from decisions of the Regulator made under

these regulations. An appeal from a decision of the Regulator made

under these regulations shall lie to the Administrative Review

Tribunal in accordance with article 32 of the Act.