Paragraph 17

(1)

Article 37 is amended as follows.

(2)

In paragraph 1, in the words before point (a)—

(a)

for “National regulatory authorities”, substitute “The national regulatory authority”;

(b)

after “that Directive”, insert “as these Articles have effect in EU law,”; and

(c)

omit “jointly”.

(3)

For paragraph 3, substitute—

“3.

The national regulatory authority must endeavour to assess the request for a derogation jointly with any non-UK regulatory authorities whose approval is required and deal with the non-UK regulatory authorities in close cooperation. Where the national regulatory authority grants a derogation, the national regulatory authority must specify its duration in its decision.”.

(4)

Omit paragraph 4.

(5)

For paragraph 5, substitute—

“5.

The national regulatory authority may revoke a derogation if the circumstances or underlying reasons, or both, no longer apply. The national regulatory authority must endeavour to cooperate with any non-UK regulatory authorities whose approval is required in reaching a decision on whether to revoke a derogation.”.

(6)

After paragraph 5, insert—

“6.

If the approval of both national regulatory authorities is required, they must cooperate with each other, and references in paragraphs 1, 3 and 5 to “the national regulatory authority” are to be read as references to “the national regulatory authorities.”.