OpenLegislation

Paragraph 9 The standard chargeI1

England and Wales

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

(b)

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

(c)

the person so nominated must, within 1 month of being nominated, decide whether an additional charge is payable and notify the operator and the Agency of his or her decision.

(4)

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

Annotations

Commencement

I1

Sch. 2 para. 9 in force at 1.1.2006, see reg. 1