5.—(1) Before determining a date under either article 3(2) or article 4 above, the Director shall notify—

(a) every holder of a licence under the Gas Act 1986(1) other than a licence of the kind referred to in section 8(2) of that Act; and

(b) such other persons as he considers it appropriate to consult,

that he intends to determine that date subject to any representations made to him (within such period as he may specify in the notification), in particular with regard to the matters specified in paragraph (2) below.

(2) The matters referred to in paragraph (1) above are—

(a) the extent to which there is effective competition between holders of domestic supply licences in those areas in which such persons are already authorised to supply gas to premises;

(b) the extent to which effective recording and accounting systems have been established to facilitate the operations of the holders of domestic supply licences in those areas in which they are already authorised to supply gas to premises; and

(c) the extent to which such systems have been or are likely to be established to facilitate such operations in those areas in which the holders of domestic supply licences would be so authorised in consequence of the determination.

(3) After the period specified in any notification under paragraph (1) above has elapsed, and after taking into account any representations made to him during that period, the Director may determine the date he originally intended or such later date as he considers appropriate, subject in either case to the requirements of article 3(2) or (as the case may be) article 4 above.

(1)

1986 c. 44; section 8 was substituted by section 8 of the Gas Act 1995.