sch.3-sec.47Pending associate contracts approvals that are not approved

sch.3-sec.47 Pending associate contracts approvals that are not approved

This clause applies if the relevant Regulator decides not to approve a proposed associate contract under clause 46. If an application is not made under section 38 of the old access law for a review of the decision within the time specified by that section, the proposed associate contract is deemed not to be an approved associate contract on the day after the last day an application could have been made under that section. If an application is made under section 38 of the old access law for a review of the decision but the relevant appeals body refuses to review the decision in accordance with section 38 (11) of the old access law, the proposed associate contract is deemed not to be an approved associate contract on the day on which the determination of the relevant appeals body takes effect. If— an application is made under section 38 of the old access law for a review of the decision; and the relevant appeals body, by determination, affirms the decision, the proposed associate contract is deemed not to be an approved associate contract on the day on which the determination of the relevant appeals body affirming the decision takes effect. If— an application is made under section 38 of the old access law for a review of the decision; and the relevant appeals body makes a determination that sets aside the decision and remits the matter to the relevant Regulator for the Regulator to make a decision again in respect of the matter, the relevant Regulator must make a decision under clause 46. If— an application is made under section 38 of the old access law for a review of the decision; and the relevant appeals body makes a determination that sets aside the decision and approves the associate contract, the proposed associate contract to which the determination relates is deemed to be, on the day the determination takes effect, an approved associate contract. (sch.3-sec.47-ssec.1) This clause applies if the relevant Regulator decides not to approve a proposed associate contract under clause 46. (sch.3-sec.47-ssec.2) If an application is not made under section 38 of the old access law for a review of the decision within the time specified by that section, the proposed associate contract is deemed not to be an approved associate contract on the day after the last day an application could have been made under that section. (sch.3-sec.47-ssec.3) If an application is made under section 38 of the old access law for a review of the decision but the relevant appeals body refuses to review the decision in accordance with section 38 (11) of the old access law, the proposed associate contract is deemed not to be an approved associate contract on the day on which the determination of the relevant appeals body takes effect. (sch.3-sec.47-ssec.4) If— an application is made under section 38 of the old access law for a review of the decision; and the relevant appeals body, by determination, affirms the decision, the proposed associate contract is deemed not to be an approved associate contract on the day on which the determination of the relevant appeals body affirming the decision takes effect. (sch.3-sec.47-ssec.5) If— an application is made under section 38 of the old access law for a review of the decision; and the relevant appeals body makes a determination that sets aside the decision and remits the matter to the relevant Regulator for the Regulator to make a decision again in respect of the matter, the relevant Regulator must make a decision under clause 46. (sch.3-sec.47-ssec.6) If— an application is made under section 38 of the old access law for a review of the decision; and the relevant appeals body makes a determination that sets aside the decision and approves the associate contract, the proposed associate contract to which the determination relates is deemed to be, on the day the determination takes effect, an approved associate contract.