sec.22Refusal to investigate dispute referral

sec.22 Refusal to investigate dispute referral

The energy and water ombudsman may refuse to investigate a dispute referral or, having started to investigate a dispute referral, may refuse to continue the investigation, if the ombudsman is reasonably satisfied that— the subject of the relevant dispute is trivial; or the dispute referral is frivolous or vexatious or has not been made in good faith; or the referrer does not have a sufficient direct interest in the subject of the relevant dispute; or the relevant entity has not been given a reasonable opportunity to resolve the relevant dispute; or both of the following apply— the referrer has a right of appeal, reference or review, or another remedy, that the referrer has not exhausted; a right under a relevant contract or law of internal review by the energy entity for it to make an insurance claim for the relevant dispute it would be reasonable in the circumstances to require the referrer to exhaust the right or remedy before the energy and water ombudsman investigates, or continues to investigate, the dispute referral; or if the referral relates to an energy entity function, under an energy Act, the regulator or QCA has the power to give appropriate relief to the non-entity party; or because of a preliminary inquiry, the relevant dispute should not be investigated; or in the circumstances, the investigation, or the continuance of the investigation, of the matter the subject of the relevant dispute is unnecessary or unjustifiable. Also, the energy and water ombudsman may refuse to investigate an oral dispute referral or, having started to investigate an oral dispute referral, may refuse to continue the investigation, until the dispute referral is remade in the approved form under section 82 . A right or remedy mentioned in subsection (1) does not include a right under the Judicial Review Act 1991 to make an application to the Supreme Court. To remove any doubt, it is declared that this section does not limit or otherwise affect the energy and water ombudsman’s power not to accept or investigate a matter because of section 12 , 12A , 12B , 18 , 18A , 19 or 19A . s 22 amd 2010 No. 53 ss 20 , 3 sch 1 ; 2011 No. 20 s 47 (sec.22-ssec.1) The energy and water ombudsman may refuse to investigate a dispute referral or, having started to investigate a dispute referral, may refuse to continue the investigation, if the ombudsman is reasonably satisfied that— the subject of the relevant dispute is trivial; or the dispute referral is frivolous or vexatious or has not been made in good faith; or the referrer does not have a sufficient direct interest in the subject of the relevant dispute; or the relevant entity has not been given a reasonable opportunity to resolve the relevant dispute; or both of the following apply— the referrer has a right of appeal, reference or review, or another remedy, that the referrer has not exhausted; a right under a relevant contract or law of internal review by the energy entity for it to make an insurance claim for the relevant dispute it would be reasonable in the circumstances to require the referrer to exhaust the right or remedy before the energy and water ombudsman investigates, or continues to investigate, the dispute referral; or if the referral relates to an energy entity function, under an energy Act, the regulator or QCA has the power to give appropriate relief to the non-entity party; or because of a preliminary inquiry, the relevant dispute should not be investigated; or in the circumstances, the investigation, or the continuance of the investigation, of the matter the subject of the relevant dispute is unnecessary or unjustifiable. (sec.22-ssec.2) Also, the energy and water ombudsman may refuse to investigate an oral dispute referral or, having started to investigate an oral dispute referral, may refuse to continue the investigation, until the dispute referral is remade in the approved form under section 82 . (sec.22-ssec.3) A right or remedy mentioned in subsection (1) does not include a right under the Judicial Review Act 1991 to make an application to the Supreme Court. (sec.22-ssec.4) To remove any doubt, it is declared that this section does not limit or otherwise affect the energy and water ombudsman’s power not to accept or investigate a matter because of section 12 , 12A , 12B , 18 , 18A , 19 or 19A .