Regulation 12 Test for giving, modifying or withdrawing directions, approvals and consents for the purposes of a requirement imposed under regulation 7

(1)

This regulation applies where—

(a)

a requirement imposed under regulation 7 has effect by reference to directions, approvals or consents given by a person (whether OFCOM themselves or another); and

(b)

that person (referred to in this regulation and regulations 13, 14 and 15 as “the responsible person”) is proposing to give a direction, approval or consent that affects the operation of that requirement or to modify or withdraw a direction, approval or consent so as to affect the requirement's operation.

(2)

The responsible person must not give, modify or withdraw the direction, approval or consent unless the responsible person is satisfied that to do so is—

(a)

objectively justifiable in relation to the networks or services to which it relates;

(b)

proportionate to what it is intended to achieve; and

(c)

in relation to what it is intended to achieve, transparent.