Textual Amendments
F1Sch. 4A inserted (30.11.2000) by 2000 c. 38, ss. 231(2), 275(1), Sch. 24, Sch. 28 paras. 11, 17
8(1)This paragraph applies if—
(a)objections are duly made by a person within paragraph 4(4)(a) or (b) above (and not withdrawn); or
(b)although no objections are duly made by a person within paragraph 4(4)(a) or (b) above (or any that are so made are withdrawn), relevant objections are duly made (and not withdrawn) in relation to a similar review notice relating to another access agreement.
(2)The Regulator may—
(a)give a new review notice under paragraph 4 above; or
(b)make a reference to the Competition Commission under paragraph 9 below.
(3)For the purposes of sub-paragraph (1) above—
(a)“relevant objections”, in relation to another access agreement, means objections by a person who is within paragraph 4(4)(a) or (b) above in relation to that other access agreement; and
(b)one review notice is similar to another if they make provision which, in the opinion of the Regulator, is to broadly the same effect.
(4)Before acting under sub-paragraph (1) above, the Regulator shall consider the objections referred to in that sub-paragraph.
(5)If the Regulator gives a new review notice under paragraph 4 above by virtue of sub-paragraph (2)(a) above, the references in that paragraph and paragraph 7(2) above to his conclusions on the access charges review shall be read in relation to the new notice as references to those conclusions as modified since the previous review notice (in particular as the result of any objections or representations made in relation to it).