Paragraph 53 CRITERION No.1 (Section 17 duties)

The extent to which—

(a)

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

(i)

had regard for 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;

(c)

any representations or proposals made, and any specified information provided, in response to an intervention notice; and

(d)

any other relevant evidence available,

satisfy the Welsh Ministers that the authority have not complied with one or more of the requirements of section 17 of the Act, is, as a consequence, failing properly to perform any of its duties under that section and is unlikely to be able to rectify such failure within a reasonable time.