25Terms of reference

25 Terms of reference

The terms of reference for a monopoly provider investigation are to –

(a) broadly describe the functions and other activities of the monopoly provider; and

(b) specify the pricing policies and the monopoly service or part of a monopoly service to be investigated; and

(c) [Section 25 Amended by No. 13 of 2015, s. 17, Applied:01 Jul 2015] specify the day by which the Regulator is to provide his or her final report in respect of the investigation; and

(d) specify the matters not referred to in section 31 which the Regulator is to take into account when conducting the investigation; and

(e) if the Minister and the Portfolio Minister consider it appropriate, specify which of the matters referred to in paragraph (d) are to be considered by the Regulator to be of more importance than any other such matters; and

(f) specify the period for which any pricing policy order or pricing policy determination made in relation to a monopoly provider as a result of the investigation would be in force, being –

(i) in the case of a monopoly provider specified in Schedule 1 , the period specified in that Schedule in relation to that monopoly provider; or

(ii) in the case of a monopoly provider not specified in Schedule 1 , a period that does not exceed 5 years; and

(g) require the Regulator to make a recommendation in relation to appropriate maximum prices to be chargeable in respect of the monopoly service supplied by the monopoly provider during the period for which any pricing policy order or pricing policy determination made as a result of the investigation would be in force; and

(h) specify whether the Regulator is to make a draft report in respect of the investigation available during the conduct of the investigation.