Section 70ZK

An access agreement— is enforceable only by means of a complaint under section 70ZH or 70ZI, and not by any other means; in particular, is to be conclusively presumed not to have been intended by the parties to be a legally enforceable contract. Accordingly, where an access agreement is, or is part of, a collective agreement, section 179(2) and (3)(a) do not apply to the access agreement. A complaint under section 70ZH or 70ZI must be in writing and in such form as the Central Arbitration Committee may require. In its consideration of a complaint under section 70ZH or 70ZI, the Central Arbitration Committee— may make such enquiries as it sees fit; may make reasonable requests to provide information or documents relevant to the complaint; so far as reasonably practicable, must give any person who it considers has a proper interest in the complaint an opportunity to be heard. The Central Arbitration Committee may draw an adverse inference from a person’s failure to comply with any reasonable request to provide information or documents relevant to a complaint under section 70ZH or 70ZI.

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Source: legislation.gov.uk · retrieved 2026-09-04