sec.136ACompulsory amendment of draft access undertaking for declared service given voluntarily

### sec.136A Compulsory amendment of draft access undertaking for declared service given voluntarily This section applies if— a following person (the relevant person ) gives a draft access undertaking for a declared service to the authority under section 136 — the owner or operator of the declared service; a person who expects to be the owner or operator of the declared service; and the authority refuses to approve the draft access undertaking mentioned in paragraph (a) ; and the authority has previously refused to approve a draft access undertaking given to it under section 136 by the relevant person. The notice given to the relevant person under section 136 (5) may include a request for the relevant person to— amend the draft access undertaking mentioned in subsection (1) (a) in the way the authority considers appropriate; and give the authority a copy of the amended draft access undertaking within— 60 days of receiving the notice; or if the period is extended under subsection (3) —the extended period. The authority may, during the period mentioned in subsection (2) (b) (i) , extend the period within which the amended draft access undertaking must be given to the authority by giving the relevant person a written notice stating the day the extended period ends. The day stated in a notice under subsection (3) must be no later than 90 days after the relevant person received the notice given under section 136 (5) . If the relevant person complies with a request under subsection (2) , the authority may approve the draft access undertaking. If the relevant person does not comply with a request under subsection (2) , the authority may prepare, and approve, a draft access undertaking for the service in relation to the relevant person. s 136A ins 2010 No. 32 s 49 (sec.136A-ssec.1) This section applies if— a following person (the relevant person ) gives a draft access undertaking for a declared service to the authority under section 136 — the owner or operator of the declared service; a person who expects to be the owner or operator of the declared service; and the authority refuses to approve the draft access undertaking mentioned in paragraph (a) ; and the authority has previously refused to approve a draft access undertaking given to it under section 136 by the relevant person. (sec.136A-ssec.2) The notice given to the relevant person under section 136 (5) may include a request for the relevant person to— amend the draft access undertaking mentioned in subsection (1) (a) in the way the authority considers appropriate; and give the authority a copy of the amended draft access undertaking within— 60 days of receiving the notice; or if the period is extended under subsection (3) —the extended period. (sec.136A-ssec.3) The authority may, during the period mentioned in subsection (2) (b) (i) , extend the period within which the amended draft access undertaking must be given to the authority by giving the relevant person a written notice stating the day the extended period ends. (sec.136A-ssec.4) The day stated in a notice under subsection (3) must be no later than 90 days after the relevant person received the notice given under section 136 (5) . (sec.136A-ssec.5) If the relevant person complies with a request under subsection (2) , the authority may approve the draft access undertaking. (sec.136A-ssec.6) If the relevant person does not comply with a request under subsection (2) , the authority may prepare, and approve, a draft access undertaking for the service in relation to the relevant person. - (a) a following person (the relevant person ) gives a draft access undertaking for a declared service to the authority under section 136 — (i) the owner or operator of the declared service; (ii) a person who expects to be the owner or operator of the declared service; and - (i) the owner or operator of the declared service; - (ii) a person who expects to be the owner or operator of the declared service; and - (b) the authority refuses to approve the draft access undertaking mentioned in paragraph (a) ; and - (c) the authority has previously refused to approve a draft access undertaking given to it under section 136 by the relevant person. - (i) the owner or operator of the declared service; - (ii) a person who expects to be the owner or operator of the declared service; and - (a) amend the draft access undertaking mentioned in subsection (1) (a) in the way the authority considers appropriate; and - (b) give the authority a copy of the amended draft access undertaking within— (i) 60 days of receiving the notice; or (ii) if the period is extended under subsection (3) —the extended period. - (i) 60 days of receiving the notice; or - (ii) if the period is extended under subsection (3) —the extended period. - (i) 60 days of receiving the notice; or - (ii) if the period is extended under subsection (3) —the extended period.