8.8.1 The Contract should specify what happens if the Authority continues to use the Service (e.g. a prison cell or classroom) despite the defects which would otherwise render that part of the Service unavailable. If part or all of the Service is unavailable but used (for example, because operational reasons require it to be used even though the Service is significantly below what either party regards as adequate) then this may lead to either only a proportion of the availability fee being paid, based on what part of the Service is available, or appropriate deductions or performance points accruing in respect of the relevant failure. In either case, the Contractor should not receive a full Unitary Charge (with no availability or performance deductions) as it has not provided the Service at the required standard. The deduction should reflect the degradation in Service.
8.8.2 However, the Authority must ensure that where it is able to use any alternative service (e.g. provided by the Contractor or a third party), this is reflected in the deductions made. In addition, the Contractor should not be penalised if the Authority obstructs the Contractor from remedying the defect. Both the Contractor and the Authority should agree reasonable access times for remedial work to occur.
8.8.3 Unavailability should be excused if it is caused by Authority step-in and the Contractor is not itself in default (see Section 29 (Authority Step-In)). The effects of a Compensation Event on availability are set out in Section 5.2 (Compensation Events).
8.8.4 As availability is a factor in determining payment, the dispute resolution procedure should contain a mechanism to ensure a quick solution to any disagreements (see Section 28 (Dispute Resolution)).