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Paragraph 48 CRITERION No.1 (Section 17 duties)

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

The extent to which—

(a)

the evidence (see paragraphs 31 to 43 above) that an authority has or has not—

(i)

had regard to the Network Management Duty Guidance in performing its network management duties;

(ii)

considered, and where appropriate, taken action, as envisaged by section 16(2) of the Act;

(iii)

exercised any power in support of that action;

(iv)

adopted indicators;

(v)

met targets to reduce congestion; and

(vi)

been the subject of individual circumstances which account for an apparent failure of a duty;

(b)

any specified information obtained under section 19 of the Act; and

(c)

any other relevant evidence available,

seem to indicate to the Welsh Ministers that the authority may not have complied with one or more of the requirements of section 17 of the Act and as a consequence may be failing properly to perform any of its duties under that section.