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—
- a
Condition 1 is that the service is performed or provided by any person under any relevant arrangement;
- b
Condition 2 is that the service is performed for or provided to BCo as from, or at any time after, the transfer time;
- 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
“a Class A facility” means any facility in respect of which the following conditions are met—
- a
Condition 1 is that the facility is provided by any person under any relevant arrangement;
- b
Condition 2 is that the facility is provided to BCo as from, or at any time after, the transfer time;
- 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
“a Class B service” means any service in respect of which the following conditions are met—
- a
Condition 1 is that the service is performed or provided by any person under any relevant arrangement;
- b
Condition 2 is that the service is performed for or provided to ACo as from, or at any time after, the transfer time;
- c
Condition 3 is that ACo requires the service to perform a service for or provide a service to BCo under any arrangement;
- a
“a Class B facility” means any facility in respect of which the following conditions are met—
- a
Condition 1 is that the facility is provided by any person under any relevant arrangement;
- b
Condition 2 is that the facility is provided to ACo as from, or at any time after, the transfer time;
- 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.
- a
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.