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.