Article 90 Application of standard and special procedure

(1)

The Regulator must comply with the standard procedure (see Article 91) or, where Article 92 applies, the special procedure (see Article 93) in a case where—

(a)

the Regulator considers that the exercise of one or more of the regulatory functions may be appropriate, or

(b)

an application is made under or by virtue of—

(i)

any of the provisions listed in Article 7(6), or

(ii)

any prescribed provision of this or any other statutory provision,

for the Regulator to exercise a regulatory function.

(2)

For the purposes of Article 91, references to the regulatory action under consideration in a particular case are—

(a)

in a case falling within paragraph (1)(a), references to the exercise of the one or more regulatory functions which the Regulator considers that it may be appropriate to exercise, and

(b)

in a case falling within paragraph (1)(b), references to the exercise of the regulatory function which is the subject-matter of the application.

(3)

Neither Article 91 (standard procedure) nor Article 93 (special procedure) applies in relation to a determination whether to exercise a regulatory function on a review under Article 94 (compulsory review of regulatory action).