SCHEDULES

SCHEDULE 3Further provision about access conditions

Part 1Provision that may be made by access conditions

Price controls etc.

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1

An access condition imposed on a person may include provision imposing on the person—

a

such price controls as OFCOM may direct in relation to matters connected with the giving of access (“access matters”),

b

rules made by OFCOM in relation to access matters about the identification of costs and cost orientation,

c

rules made by OFCOM for those purposes about the use of cost accounting systems,

d

obligations to have compliance with those systems audited annually by a qualified independent auditor, and

e

obligations to adjust prices in accordance with directions given by OFCOM.

2

An obligation within sub-paragraph (1)(d) may require the person to meet the costs of the audit.

3

In sub-paragraph (1)(d) “qualified independent auditor” means a person who—

a

is eligible for appointment as a statutory auditor under Part 42 of the Companies Act 2006, and

b

if the appointment were an appointment as a statutory auditor, would not be prohibited from acting by section 1214 of that Act (independence requirement).