Regulation 5 Non-competitive selection

(1)

This regulation applies in relation to a code where—

(a)

the Authority has determined in accordance with regulation 3 that the code manager is to be selected on a non-competitive basis, and

(b)

the Authority has not decided to proceed under regulation 6.

(2)

Subject to the further provisions of this regulation, the Authority may select a particular candidate as code manager without following a process in which the possible selection of any other person is considered.

(3)

The Authority must determine and publish a statement of the criteria that (in addition to the requirements of regulation 4 it will apply, and the process that it will follow, in deciding whether to select a candidate as code manager.

(4)

The selection criteria may be established to apply in relation to a particular code or to all or a sub-set of all codes generally.

(5)

The Authority may select a candidate as code manager only if the Authority is satisfied that the selection criteria are met in relation to the candidate.

(6)

In determining whether the selection criteria are met in relation to a candidate, the Authority may take account of any decision it has made to exercise any of the Authority’s powers under Schedule 12 or 13 of the Act.

(7)

The Authority may not select a candidate as code manager unless the candidate has confirmed in writing to the Authority that it is willing to be selected and to have a code manager licence granted to it and has not withdrawn that confirmation.

(8)

Before granting a code manager licence to a candidate the Authority must—

(a)

publish a notice—

(i)

stating that the Authority proposes to grant the licence and identifying the code and the name of the candidate;

(ii)

stating the reasons why it proposes to grant the licence;

(iii)

setting out the period within which representations may be made about the proposed grant of the licence, and

(b)

consider any representations made within the period specified in the notice about the proposed grant of the licence.

(9)

If after following the steps in paragraph (8) the Authority decides to grant the code manager licence to the candidate, the Authority must, as soon as practicable thereafter, publish a notice of the grant.