8(1)This paragraph applies where, as a result of a market power determination made by OFCOM for the purposes of a provision of Chapter 1 of Part 2 of this Act, they conclude that a person who is for the time being LLU notified is no longer a person falling to be so notified.U.K.
(2)OFCOM must give a notification of their conclusion toβ
(a)the Secretary of State; and
(b)the notified person.
(3)On receiving a notification under sub-paragraph (2) the Secretary of State must withdraw the LLU notification of the person in question.
(4)For the purposes of this paragraph a person is LLU notified if he is a person who, for the purposes of Regulation (EC) No. 2887/2000 of the European Parliament and of the Council on unbundled access to the local loop, is notified to the European Commission as having significant market power in an identified market, and βLLU notificationβ shall be construed accordingly.
(5)Section 192 applies to a decision by OFCOM to give a notification under this paragraph as it applies to a decision by them under Part 2 of this Act.
Commencement Information
I1Sch. 18 para. 8 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))
I2Sch. 18 para. 8 in force at 29.12.2003 in so far as not already in force by S.I. 2003/3142, art. 3(2) (with art. 11)