sec.25BRegistering new service provider for transferred service

### sec.25B Registering new service provider for transferred service This section applies if the regulator is satisfied— the current infrastructure owner has complied with section 25A (1) and (2) ; and an entity of whom a requirement is made under section 25A (3) or (4) has complied with the requirement; and for a proposed service provider who is the incoming related entity of the current or new infrastructure owner— the entity has been nominated under section 20 (2) and prescribed under section 20 (1) (c) (ii) as the prescribed related entity of the current or new infrastructure owner; and the entity can exercise the powers of a service provider under this Act for supplying the relevant service; and without limiting subparagraph (ii) , the contractual arrangements between the entity and the current or new infrastructure owner adequately provide for the entity to operate the infrastructure to supply the relevant service; and if the entity were to stop supplying, or cease to be the service provider for, the relevant service, the current or new infrastructure owner could within a reasonable period nominate another entity to operate the infrastructure to supply the relevant service. The regulator must— cancel the service provider’s registration for the relevant service; and give notice of the cancellation to— the current infrastructure owner; and if the service provider was the outgoing related entity of the current infrastructure owner—the outgoing related entity; and register the following (the new service provider ) in the service provider register as the service provider for the relevant service— for a transfer of registration under section 25 (1) —the incoming related entity of the current infrastructure owner; for a transfer of registration under section 25 (2) (b) (ii) for which the regulator is satisfied of the matters mentioned in subsection (1) (c) —the incoming related entity of the new infrastructure owner; for a transfer of registration under section 25 (2) to which subparagraph (ii) does not apply—the new infrastructure owner; and give notice of the registration to— the new service provider; and if the new service provider is the incoming related entity of the current infrastructure owner—the current infrastructure owner; and if the new service provider is the incoming related entity of the new infrastructure owner—the new infrastructure owner. The registration— must not be on a day earlier than the day the regulator received the transfer notice under section 25A ; but may be on a later day, if agreed in writing between— the current infrastructure owner; and— either— or a transfer of registration under section 25 (1) —the new service provider; or or a transfer of registration under section 25 (2) —the new infrastructure owner. s 25B ins 2013 No. 23 s 313 (sec.25B-ssec.1) This section applies if the regulator is satisfied— the current infrastructure owner has complied with section 25A (1) and (2) ; and an entity of whom a requirement is made under section 25A (3) or (4) has complied with the requirement; and for a proposed service provider who is the incoming related entity of the current or new infrastructure owner— the entity has been nominated under section 20 (2) and prescribed under section 20 (1) (c) (ii) as the prescribed related entity of the current or new infrastructure owner; and the entity can exercise the powers of a service provider under this Act for supplying the relevant service; and without limiting subparagraph (ii) , the contractual arrangements between the entity and the current or new infrastructure owner adequately provide for the entity to operate the infrastructure to supply the relevant service; and if the entity were to stop supplying, or cease to be the service provider for, the relevant service, the current or new infrastructure owner could within a reasonable period nominate another entity to operate the infrastructure to supply the relevant service. (sec.25B-ssec.2) The regulator must— cancel the service provider’s registration for the relevant service; and give notice of the cancellation to— the current infrastructure owner; and if the service provider was the outgoing related entity of the current infrastructure owner—the outgoing related entity; and register the following (the new service provider ) in the service provider register as the service provider for the relevant service— for a transfer of registration under section 25 (1) —the incoming related entity of the current infrastructure owner; for a transfer of registration under section 25 (2) (b) (ii) for which the regulator is satisfied of the matters mentioned in subsection (1) (c) —the incoming related entity of the new infrastructure owner; for a transfer of registration under section 25 (2) to which subparagraph (ii) does not apply—the new infrastructure owner; and give notice of the registration to— the new service provider; and if the new service provider is the incoming related entity of the current infrastructure owner—the current infrastructure owner; and if the new service provider is the incoming related entity of the new infrastructure owner—the new infrastructure owner. (sec.25B-ssec.3) The registration— must not be on a day earlier than the day the regulator received the transfer notice under section 25A ; but may be on a later day, if agreed in writing between— the current infrastructure owner; and— either— or a transfer of registration under section 25 (1) —the new service provider; or or a transfer of registration under section 25 (2) —the new infrastructure owner. - (a) the current infrastructure owner has complied with section 25A (1) and (2) ; and - (b) an entity of whom a requirement is made under section 25A (3) or (4) has complied with the requirement; and - (c) for a proposed service provider who is the incoming related entity of the current or new infrastructure owner— (i) the entity has been nominated under section 20 (2) and prescribed under section 20 (1) (c) (ii) as the prescribed related entity of the current or new infrastructure owner; and (ii) the entity can exercise the powers of a service provider under this Act for supplying the relevant service; and (iii) without limiting subparagraph (ii) , the contractual arrangements between the entity and the current or new infrastructure owner adequately provide for the entity to operate the infrastructure to supply the relevant service; and (iv) if the entity were to stop supplying, or cease to be the service provider for, the relevant service, the current or new infrastructure owner could within a reasonable period nominate another entity to operate the infrastructure to supply the relevant service. - (i) the entity has been nominated under section 20 (2) and prescribed under section 20 (1) (c) (ii) as the prescribed related entity of the current or new infrastructure owner; and - (ii) the entity can exercise the powers of a service provider under this Act for supplying the relevant service; and - (iii) without limiting subparagraph (ii) , the contractual arrangements between the entity and the current or new infrastructure owner adequately provide for the entity to operate the infrastructure to supply the relevant service; and - (iv) if the entity were to stop supplying, or cease to be the service provider for, the relevant service, the current or new infrastructure owner could within a reasonable period nominate another entity to operate the infrastructure to supply the relevant service. - (i) the entity has been nominated under section 20 (2) and prescribed under section 20 (1) (c) (ii) as the prescribed related entity of the current or new infrastructure owner; and - (ii) the entity can exercise the powers of a service provider under this Act for supplying the relevant service; and - (iii) without limiting subparagraph (ii) , the contractual arrangements between the entity and the current or new infrastructure owner adequately provide for the entity to operate the infrastructure to supply the relevant service; and - (iv) if the entity were to stop supplying, or cease to be the service provider for, the relevant service, the current or new infrastructure owner could within a reasonable period nominate another entity to operate the infrastructure to supply the relevant service. - (a) cancel the service provider’s registration for the relevant service; and - (b) give notice of the cancellation to— (i) the current infrastructure owner; and (ii) if the service provider was the outgoing related entity of the current infrastructure owner—the outgoing related entity; and - (i) the current infrastructure owner; and - (ii) if the service provider was the outgoing related entity of the current infrastructure owner—the outgoing related entity; and - (c) register the following (the new service provider ) in the service provider register as the service provider for the relevant service— (i) for a transfer of registration under section 25 (1) —the incoming related entity of the current infrastructure owner; (ii) for a transfer of registration under section 25 (2) (b) (ii) for which the regulator is satisfied of the matters mentioned in subsection (1) (c) —the incoming related entity of the new infrastructure owner; (iii) for a transfer of registration under section 25 (2) to which subparagraph (ii) does not apply—the new infrastructure owner; and - (i) for a transfer of registration under section 25 (1) —the incoming related entity of the current infrastructure owner; - (ii) for a transfer of registration under section 25 (2) (b) (ii) for which the regulator is satisfied of the matters mentioned in subsection (1) (c) —the incoming related entity of the new infrastructure owner; - (iii) for a transfer of registration under section 25 (2) to which subparagraph (ii) does not apply—the new infrastructure owner; and - (d) give notice of the registration to— (i) the new service provider; and (ii) if the new service provider is the incoming related entity of the current infrastructure owner—the current infrastructure owner; and (iii) if the new service provider is the incoming related entity of the new infrastructure owner—the new infrastructure owner. - (i) the new service provider; and - (ii) if the new service provider is the incoming related entity of the current infrastructure owner—the current infrastructure owner; and - (iii) if the new service provider is the incoming related entity of the new infrastructure owner—the new infrastructure owner. - (i) the current infrastructure owner; and - (ii) if the service provider was the outgoing related entity of the current infrastructure owner—the outgoing related entity; and - (i) for a transfer of registration under section 25 (1) —the incoming related entity of the current infrastructure owner; - (ii) for a transfer of registration under section 25 (2) (b) (ii) for which the regulator is satisfied of the matters mentioned in subsection (1) (c) —the incoming related entity of the new infrastructure owner; - (iii) for a transfer of registration under section 25 (2) to which subparagraph (ii) does not apply—the new infrastructure owner; and - (i) the new service provider; and - (ii) if the new service provider is the incoming related entity of the current infrastructure owner—the current infrastructure owner; and - (iii) if the new service provider is the incoming related entity of the new infrastructure owner—the new infrastructure owner. - (a) must not be on a day earlier than the day the regulator received the transfer notice under section 25A ; but - (b) may be on a later day, if agreed in writing between— (i) the current infrastructure owner; and— (ii) either— (A) or a transfer of registration under section 25 (1) —the new service provider; or (B) or a transfer of registration under section 25 (2) —the new infrastructure owner. - (i) the current infrastructure owner; and— - (ii) either— (A) or a transfer of registration under section 25 (1) —the new service provider; or (B) or a transfer of registration under section 25 (2) —the new infrastructure owner. - (A) or a transfer of registration under section 25 (1) —the new service provider; or - (B) or a transfer of registration under section 25 (2) —the new infrastructure owner. - (i) the current infrastructure owner; and— - (ii) either— (A) or a transfer of registration under section 25 (1) —the new service provider; or (B) or a transfer of registration under section 25 (2) —the new infrastructure owner. - (A) or a transfer of registration under section 25 (1) —the new service provider; or - (B) or a transfer of registration under section 25 (2) —the new infrastructure owner. - (A) or a transfer of registration under section 25 (1) —the new service provider; or - (B) or a transfer of registration under section 25 (2) —the new infrastructure owner.