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9. Section 39(1) of the Act does not apply in the following cases—
(a)a notice given under—
(i)section 26(3) of the Act (notice of proposals); or
(ii)section 28(1) or (3) of the Act (notice of decisions),
to a person who applies for registration as a service provider;
(b)a notice of proposal given under section 26(4)(c) or (d) of the Act, or a notice of decision given under section 28(3) of the Act, which—
(i)relates to the variation or removal of any condition for the time being in force in relation to a registration or the imposition of an additional condition in relation to a registration, and
(ii)appears to the Commission not to have a material impact on the regulated activity being carried on;
(c)a notice of proposal given under section 26(5) of the Act or a notice of decision given under section 28(3) of the Act to refuse an application by the service provider under section 19(1)(a), (b) or (c) of the Act; and
(d)a warning notice given under section 29 of the Act which appears to the Commission not to have a material impact on the regulated activity being carried on.
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