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srilawsby aturio
As enacted
Contents

Part XIII · General

46. Resolution of disputes

Official English translation. The Sinhala text prevails.

(1)

Where any dispute connected with the supply or use of electricity arises between or in relation to-

(a)

a licensee and a tariff customer;

(b)

a licensee and another licensee;

(c)

a licensee and any other affected party;

(d)

use of electricity meters; or

(e)

the payment of tariffs in terms of the provisions of this Act, and where the parties have not been able to resolve the dispute, any aggrieved person may, forthwith forward a written request to the Regulator requesting the matter in dispute to be heard and determined by the Regulator.

(2)

Upon receipt of a request under subsection (1), the

Regulator shall mediate and resolve the dispute unless the

Regulator determines that it is more appropriate for the dispute to be determined either by the court or through arbitration.

(3)

In mediating and resolving any dispute under subsection (2), the Regulator may, where it considers it expedient to do so, refer such dispute for the purpose of resolution to a panel of mediators consisting of three persons appointed by the Regulator, one of whom shall be either a member of the Regulator or a member of the staff of the

Regulator or a public officer, who shall function as the

Chairperson of such panel. The panel of mediators shall make every endeavour to resolve the dispute referred to it and bring about a settlement among the parties to the dispute and conclude its deliberations within the time, as shall be specified by the Regulator.

(4)

The practice and procedure to be followed in the resolution of any dispute under this section shall be as prescribed.

(5)

A resolution by the Regulator under this section –

(a)

may include such incidental, supplemental and consequential provisions, including provisions requiring either party to pay a sum in respect of the costs or expenses incurred by the Regulator as the Regulator considers appropriate; and

(b)

shall be final and shall be enforceable so far as it includes such provisions as to costs or expenses incurred by the Regulator in the District Court of

Colombo, as if it were a decree entered by that court for the payment of money.

(6)

Where the Regulator includes any provision as to costs and expenses in the resolution under this section, the

Regulator shall have regard to the conduct and means of the parties and any other relevant circumstances.

Read on from s 47

Part XIV

Repeals and Transitional Provisions

Read on from Part XIV

Schedules