9.—(1) Where the CAA proposes, in a reference to the Commission under article 34(1) of the Order, to specify in the reference any matters referred to in article 35(1)(a) of the Order, it shall serve on the airport operator notice of the terms in which it intends to specify those matters.
(2) A decision as to the terms in which the CAA specifies the aforesaid matters in such a reference shall be taken only by a member of the CAA after considering any written representations which the airport operator has served on the CAA within 21 days of the date of service of the notice given by the CAA pursuant to paragraph (1) above.