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8(1)This paragraph applies where—
(a)a request has been made under paragraph 2, and
(b)paragraph 3 applies to that request.
(2)The Board may refuse the request only if—
(a)the consultation requirements are satisfied, and
(b)either the consent requirement is satisfied or the request was made by the Lord Chancellor.
(3)The consultation requirements are—
(a)that the Board has consulted the OFT, the Consumer Panel and the Lord Chief Justice under paragraphs 5 and 6, and
(b)that—
(i)the Board has obtained advice from the OFT and the Consumer Panel or the period within which that advice is required to be given has expired, and
(ii)the Board has obtained advice from the Lord Chief Justice or the period within which that advice is required to be given has expired.
(4)The consent requirement is that—
(a)the Board has given the Lord Chancellor a copy of any advice given under paragraph 5 or 6, and
(b)the Lord Chancellor has consented to the Board’s refusal of the request.
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