Article 11 Exclusion of decisions

When, on or after the date on which this Order comes into force, a decision in relation to a document designated in article 3 is made by GEMA, which—

(a)

is not excluded under article 4 from the right of appeal which would otherwise be conferred by section 173 of the Act; and

(b)

consists in the giving or refusal of a consent by virtue of which that document has effect or would have had effect as mentioned in section 173(2)(c) of the Act,

GEMA shall at the same time or as soon as reasonably practicable thereafter—

(i)

decide whether to exclude that decision under article 12; and

(ii)

give notice of the decision taken under paragraph (i) in such manner as it considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be interested.