Independence of service providers from dominant bodies and firms
10.—(1) Where the service provider of a service described in paragraph 2 of Schedule 1 is under direct or indirect control of a dominant body or firm, it must hold separate accounts from that body or firm, including separate balance sheets and profit and loss accounts.
(2) Where the service provider of a service described in sub-paragraphs (a) – (f) of paragraph 2 of Schedule 1, is under direct or indirect control of a dominant body or firm, it must be independent in organisational and decision making terms from that body or firm.
(3) Paragraph (2) does not require the establishment of a separate legal entity to provide such services, and may be fulfilled by the formation of distinct divisions within a single legal entity.
(4) Where any of the services referred to in paragraph (2) are provided, and the operation of the service facility is ensured by either—
(a)an infrastructure manager, or
(b)a service provider under the direct or indirect control of an infrastructure manager,
the requirements of paragraphs (1) and (2) are met if regulations 14(6) and 19(3) are complied with.