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SCHEDULE 2CALCULATION OF THE OFFICIAL CONTROLS CHARGE

The additional charge

7.—(1) An operator who does not agree that an additional charge is justified under paragraph 6 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) shall be made within 1 week of the Agency giving the operator notice under paragraph 6(3).

(3) Where an operator makes a request under sub-paragraph (1)–

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

(b)the person so nominated shall give the operator and the Agency an opportunity to make representations on the question to be determined; and

(c)the person so nominated shall, within 1 month of being nominated, decide whether an additional charge is payable and shall notify the operator and the Agency of the decision.

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