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SCHEDULES

SCHEDULE 3U.K.Further provision about access conditions

Part 1 U.K.Provision that may be made by access conditions

Price controls etc.U.K.

3(1)An access condition imposed on a person may include provision imposing on the person—U.K.

(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).

Commencement Information

I1Sch. 3 para. 3 in force at 1.10.2011 by S.I. 2011/2329, art. 3