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4.—(1) A decision relating to a document designated by article 3 and which would otherwise be one to which section 173 applies shall be excluded from the right of appeal under that section if, in respect of that decision—
(a)the relevant condition is satisfied; or
(b)GEMA determines that the delay caused by the holding of the appeal against that decision is likely to have a material adverse effect on the availability of electricity or gas for meeting the reasonable demands of consumers in Great Britain.
(2) For the purposes of paragraph (1)(a), the relevant condition is—
(a)in the case of a decision in relation to the Distribution Connection and Use of System Agreement, the condition in article 5(1); and
(b)in the case of a decision in relation to the Uniform Network Code, the condition in article 6(1).
(3) Where GEMA makes a determination under paragraph (1)(b), it shall give notice of the determination in such manner as it considers appropriate for the purpose of bringing it to the attention of persons likely to be interested in it.
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