3.2 Notice of Unavailability
3.2.1 The Authority and the Contractor may provide notification of Unavailability if either party believes an Area is Unavailable (based on the Availability Criteria set out in Part (IX)).
3.2.2 If the Authority, the Contractor, the Authority's Representative, the Contractor's Representative, or other nominated officer believes that an Area may be or may have been Unavailable, then that party must give notice to the Helpdesk, which shall contain the following information:
(a) details of the relevant fault;
(b) the Area believed to be Unavailable as a result of the relevant fault; and
(c) the reasons why such Areas are believed to be Unavailable.
3.2.3 The earlier of the time of receipt of an Unavailability Notice by the Authority or by the Contractor will constitute the Logged Failure Time.
3.2.4 At the time the call is placed, or written notice is provided, to the Helpdesk there shall be two types of potential Unavailability that can be reported:
(a) Direct Unavailability: this is where a specified Area or combination of Areas (making a Zone) within the accommodation have failed to meet any one of the Availability Criteria set out in Part IX;
(b) Consequential Unavailability: occurs where an Area that would otherwise be Available is rendered Unavailable because its principal use is dependent on an adjacent Area that has become Unavailable. This could, for example, occur where an entrance to an otherwise usable Area is impeded by an adjacent Area that has become Unavailable.
3.2.5 Where certain Areas are reported as being Unavailable this may automatically trigger Consequential Unavailability in adjacent Areas and these Areas will automatically be deemed Unavailable until Availability has been restored in the Area causing the Consequential Unavailability.14
3.2.6 Where the Authority Unavailability Notice is provided directly to the Helpdesk, then the time of such notification shall constitute the Logged Failure Time in relation to such Unavailability. Where the same failure is recorded by the Authority and the Contractor, the earlier time will constitute the Logged Failure Time.
3.2.7 If, prior to the provision of an Authority Unavailability Notice in relation to an Area, the Contractor believes that any Area is Unavailable the Contractor shall give notice to the Helpdesk which shall contain the information referred to in paragraph 3.2.2. The time of such notification will constitute the Logged Failure Time in relation to such Unavailability and the Helpdesk shall notify the Authority's Representative, promptly after its receipt of a Contractor Unavailability Notice, of the Contractor Unavailability Notice and of the details contained within it.
3.2.8 The Authority Unavailability Notice, or the Contractor Unavailability Notice, shall be given to the Helpdesk either orally or in writing. The Contractor shall, as soon as reasonably practicable (and without prejudice to the expiry of the relevant Rectification Period) confirm orally or in writing to the Authority's Representative whether it agrees that such fault has given rise to Unavailability. If the Contractor's Representative agrees then paragraph 3.2.11 below shall apply. If the Contractor's Representative does not agree then paragraph 3.2.12 below shall apply.
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14 Schedule of consequential unavailability to be pre-determined on a case by case basis according to design