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Paragraph 9 The standard charge

Original text. Later amendments are not shown.

(1)

An operator who does not agree that an additional charge is justified under paragraph 8 may request that the question be determined by a person nominated for the purpose pursuant to sub-paragraph (3)(a).

(2)

A request under sub-paragraph (1) shall be made within 1 week of the Agency giving the operator notice under paragraph 8(3).

(3)

Where an operator makes a request under sub-paragraph (1)–

(a)

the Agency shall nominate a person to determine the question from the list established under sub-paragraph (4);

(b)

the person so nominated shall give the operator and the Agency an opportunity to make representations on the question to be determined;

(c)

the person so nominated shall, within 1 month of being nominated, decide whether an additional charge is payable and shall notify the operator and the Agency of that decision;

(d)

the decision notified under sub-paragraph (c) shall be binding on the operator and the Agency; and

(e)

the Agency shall give effect to the decision so notified.

(4)

The Agency shall establish and maintain a list of people who may be nominated for the purposes of this paragraph and shall consult those organisations appearing to represent operators before including any person on the list.