PART 3MISCELLANEOUS AND TRANSITIONAL PROVISIONS

Transitional provision: third party services or facilities14

1

In this article—

  • “a Class A service” means any service in respect of which the following conditions are met—

    1. a

      Condition 1 is that the service is performed or provided by any person under any relevant arrangement;

    2. b

      Condition 2 is that the service is performed for or provided to BCo as from, or at any time after, the transfer time;

    3. c

      Condition 3 is that BCo requires the service to perform a service for or provide a service to ACo, or any group undertaking of ACo, under any arrangement;

  • “a Class A facility” means any facility in respect of which the following conditions are met—

    1. a

      Condition 1 is that the facility is provided by any person under any relevant arrangement;

    2. b

      Condition 2 is that the facility is provided to BCo as from, or at any time after, the transfer time;

    3. c

      Condition 3 is that BCo requires the facility to provide a service or facility to, or to perform a service for, ACo, or any group undertaking of ACo, under any arrangement;

  • “a Class B service” means any service in respect of which the following conditions are met—

    1. a

      Condition 1 is that the service is performed or provided by any person under any relevant arrangement;

    2. b

      Condition 2 is that the service is performed for or provided to ACo as from, or at any time after, the transfer time;

    3. c

      Condition 3 is that ACo requires the service to perform a service for or provide a service to BCo under any arrangement;

  • “a Class B facility” means any facility in respect of which the following conditions are met—

    1. a

      Condition 1 is that the facility is provided by any person under any relevant arrangement;

    2. b

      Condition 2 is that the facility is provided to ACo as from, or at any time after, the transfer time;

    3. c

      Condition 3 is that ACo requires the facility to provide a service or facility to, or to perform a service for, BCo under any arrangement.

2

In this Order, “the relevant transitional period” means the period starting with the transfer time and ending with the end of 31st December 2010.

3

Paragraphs (4) to (9) apply during the relevant transitional period.

4

BCo may—

a

use any Class A service or Class A facility for the benefit (in whole or in part) of ACo or any group undertaking of ACo, or

b

provide for ACo, or any group undertaking, of ACo to enjoy the benefit (in whole or in part) of any Class A service or Class A facility.

5

Any person performing or providing a Class A service, on notice in writing by BCo, must perform the service for or provide the service to ACo, or any group undertaking of ACo, directly to the extent specified in the notice.

6

Any person providing a Class A facility, on notice in writing by BCo, must provide the facility to ACo, or any group undertaking of ACo, directly to the extent specified in the notice.

7

ACo may—

a

use any Class B service or Class B facility for the benefit (in whole or in part) of BCo, or

b

provide for BCo to enjoy the benefit (in whole or in part) of any Class B service or Class B facility.

8

Any person performing or providing a Class B service, on notice in writing by ACo, must perform the service for or provide the service to BCo directly to the extent specified in the notice.

9

Any person providing a Class B facility, on notice in writing by ACo, must provide the facility to BCo directly to the extent specified in the notice.