9.18  Performance Measurement

(i)  For the purposes of Table 5 in paragraph 9.16, rectification shall only be possible where such Service Failure is continuing.  Rectify shall mean to cure the failure to comply with the Relevant Standard or PS6 Performance Target in PS6 (including making good the consequences of the original failure) and demonstrating that the Service Provide is taking all appropriate steps to avoid the recurrence of such failure and rectification shall be construed accordingly.

(ii)  The Authority shall, acting reasonably and taking into account all representations made by the Service Provider, determine whether a Service Failure is capable of rectification.

(iii)  Both parties shall collect record and store information where Adjustments are made in accordance with this PS6 and will have due and proper regard to such information when determining the type of failure category for Service Failures seek to ensure consistency of approach and measurement.  All types and categories of Service Failures agreed by the parties or otherwise determined shall be included in a Schedule of Service Failures.

(iv)  For each Service Failure categorised as a Service Failure pursuant to Table 5 in paragraph 9.16 and (except for a Routine Service Failure arising from a breach of paragraph 9.3) that is not capable of rectification or has not been rectified within the time periods specified in Table 5 in paragraph 9.16 (as the case may be) there shall be an award of five (5) Performance Points.

(v)  For each Routine Service Failure pursuant to Table 5 in paragraph 9.16 there shall be an award of five (5) Performance Points.