S.L. 545.30 · Dispute Resolution (Procedures) (S.L. 545.30)
S.L. 545.30 Art. 3Dispute resolution betweenauthorised providers.
(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.