38. In section 73 (permitted subject-matter of access-related conditions)—
(a)in subsection (2)—
(i)in paragraph (a) omit the words from “on the part of” to the end,
(ii)in paragraph (b) omit “between them”, and
(iii)after paragraph (b) omit “and” and insert—
“(ba)efficient investment and innovation; and”,
(b)in subsection (3) omit “, in cases where there are no viable alternative arrangements that may be made,”,
(c)after that subsection insert—
“(3A) The power to set access-related conditions falling within subsection (3) is to be exercised for the purpose of—
(a)encouraging efficient investment in infrastructure; and
(b)promoting innovation.”, and
(d)omit subsection (4).