Common use of Application for Departure from Wholesale Charges Scheme Clause in Contracts

Application for Departure from Wholesale Charges Scheme. 7.3.1 If the Licensee believes that, as a consequence of action taken, or proposed to be taken, by a Customer, a departure from the Wholesale Charges Scheme is justified pursuant to section 29E of the 2002 Act in relation to this Agreement, the Licensee may request SW in writing to apply to the Commission for its consent to depart from the Wholesale Charges Scheme pursuant to the said section. 7.3.2 If SW receives a request pursuant to Clause 7.3.1, it shall, subject to Clause 7.3.3 below, comply with the request and apply to the Commission. 7.3.3 SW must apply to the Commission on the request of the Licensee unless: (a) it is satisfied, acting reasonably, that the Licensee's request is unfounded and that any application to the Commission for consent would have no reasonable prospect of success; or (b) the Licensee fails, without reasonable excuse, to provide information required by SW under Clause 7.3.6. 7.3.4 If SW refuses under Clause 7.3.3 to apply to the Commission, it must intimate that fact forthwith to the Licensee and the Commission (together with its reasons for the refusal) and the Licensee may raise the refusal by SW as a Dispute. For the purposes of this Clause 7.3.4, the Expert determination provisions under Clause 25.4.1.1 shall be amended to the effect that an Expert shall not be appointed by the Commission, but by the President for the time being of the Law Society of Scotland. 7.3.5 Where, following a request under Clause 7.3.1, SW applies to the Commission for its consent to depart from the Wholesale Charges Scheme, it may make such representations to the Commission regarding the application as it thinks fit, including representations to the effect that consent should be withheld. 7.3.6 If the Licensee makes a request under Clause 7.3.1, it must provide SW with such information as it reasonably requires for the purpose of considering the request and (unless the request is refused under Clause 7.

Application for Departure from Wholesale Charges Scheme. 7.3.1 If the Licensee believes that, as a consequence of action taken, or proposed to be taken, by a Customer, a departure from the Wholesale Charges Scheme is justified pursuant to section 29E of the 2002 Act in relation to this Agreement, the Licensee may request SW in writing to apply to the Commission for its consent to depart from the Wholesale Charges Scheme pursuant to the said section. 7.3.2 If SW receives a request pursuant to Clause 7.3.1, it shall, subject to Clause 7.3.3 below, comply with the request and apply to the Commission. 7.3.3 SW must apply to the Commission on the request of the Licensee unless: (a) it is satisfied, acting reasonably, that the Licensee's request is unfounded and that any application to the Commission for consent would have no reasonable prospect of success; or (b) the Licensee fails, without reasonable excuse, to provide information required by SW under Clause 7.3.6. 7.3.4 If SW refuses under Clause 7.3.3 to apply to the Commission, it must intimate that fact forthwith to the Licensee and the Commission (together with its reasons for the refusal) and the Licensee may raise the refusal by SW as a Dispute. For the purposes of this Clause 7.3.4, the Expert determination provisions under Clause 25.4.1.1 shall be amended to the effect that an Expert shall not be appointed by the Commission, but by the President for the time being of the Law Society of Scotland. 7.3.5 Where, following a request under Clause 7.3.1, SW applies to the Commission for its consent to depart from the Wholesale Charges Scheme, it may make such representations to the Commission regarding the application as it thinks fit, including representations to the effect that consent should be withheld. 7.3.6 If the Licensee makes a request under Clause 7.3.1, it must provide SW with such information as it reasonably requires for the purpose of considering the request and (unless the request is refused under Clause 7.7.3.3)

Application for Departure from Wholesale Charges Scheme. 7.3.1 If the Licensee believes that, as a consequence of action taken, or proposed to be taken, by a Customer, a departure from the Wholesale Charges Scheme is justified pursuant to section 29E of the 2002 Act in relation to this Agreement, the Licensee may request SW in writing to apply to the Commission for its consent to depart from the Wholesale Charges Scheme pursuant to the said section. 7.3.2 If SW receives a request pursuant to Clause 7.3.1, it shall, subject to Clause 7.3.3 below, comply with the request and apply to the Commission. 7.3.3 SW must apply to the Commission on the request of the Licensee unless: (a) it is satisfied, acting reasonably, that the Licensee's request is unfounded and that any application to the Commission for consent would have no reasonable prospect of success; or (b) the Licensee fails, without reasonable excuse, to provide information required by SW under Clause 7.3.6. 7.3.4 If SW refuses under Clause 7.3.3 to apply to the Commission, it must intimate that fact forthwith to the Licensee and the Commission (together with its reasons for the refusal) and the Licensee may raise the refusal by SW as a Dispute. For the purposes of this Clause 7.3.4, the Expert determination provisions under Clause 25.4.1.1 shall be amended to the effect that an Expert shall not be appointed by the Commission, but by the President for the time being of the Law Society of Scotland. 7.3.5 Where, following a request under Clause 7.3.1, SW applies to the Commission for its consent to depart from the Wholesale Charges Scheme, it may make such ::odma\pcdocs\practice\5333461\7d representations to the Commission regarding the application as it thinks fit, including representations to the effect that consent should be withheld. 7.3.6 If the Licensee makes a request under Clause 7.3.1, it must provide SW with such information as it reasonably requires for the purpose of considering the request and (unless the request is refused under Clause 7.7.3.3)

Application for Departure from Wholesale Charges Scheme. 7.3.1 If the Licensee believes that, as a consequence of action taken, or proposed to be taken, by a Customer, a departure from the Wholesale Charges Scheme is justified pursuant to section 29E of the 2002 Act in relation to this Agreement, the Licensee may request SW in writing to apply to the Commission for its consent to depart from the Wholesale Charges Scheme pursuant to the said section. 7.3.2 If SW receives a request pursuant to Clause 7.3.1, it shall, subject to Clause 7.3.3 below, comply with the request and apply to the Commission. 7.3.3 SW must apply to the Commission on the request of the Licensee unless: (a) it is satisfied, acting reasonably, that the Licensee's request is unfounded and that any application to the Commission for consent would have no reasonable prospect of success; or (b) the Licensee fails, without reasonable excuse, to provide information required by SW under Clause 7.3.6. 7.3.4 If SW refuses under Clause 7.3.3 to apply to the Commission, it must intimate that fact forthwith to the Licensee and the Commission (together with its reasons for the refusal) and the Licensee may raise the refusal by SW as a Dispute. For the purposes of this Clause 7.3.4, the Expert determination provisions under Clause Clause 25.4.1.1 shall be amended to the effect that an Expert shall not be appointed by the Commission, but by the President for the time being of the Law Society of Scotland. 7.3.5 Where, following a request under Clause 7.3.1, SW applies to the Commission for its consent to depart from the Wholesale Charges Scheme, it may make such representations to the Commission regarding the application as it thinks fit, including representations to the effect that consent should be withheld. 7.3.6 If the Licensee makes a request under Clause 7.3.1, it must provide SW with such information as it reasonably requires for the purpose of considering the request and (unless the request is refused under Clause 7.7.3.3)

Application for Departure from Wholesale Charges Scheme. 7.3.1 If the Licensee believes that, as a consequence of action taken, or proposed to be taken, by a Customer, a departure from the Wholesale Charges Scheme is justified pursuant to section 29E of the 2002 Act in relation to this Agreement, the Licensee may request SW in writing to apply to the Commission for its consent to depart from the Wholesale Charges Scheme pursuant to the said section. 7.3.2 If SW receives a request pursuant to Clause 7.3.1, it shall, subject to Clause 7.3.3 below, comply with the request and apply to the Commission. 7.3.3 SW must apply to the Commission on the request of the Licensee unless: (a) it is satisfied, acting reasonably, that the Licensee's request is unfounded and that any application to the Commission for consent would have no reasonable prospect of success; or (b) the Licensee fails, without reasonable excuse, to provide information required by SW under Clause 7.3.6. 7.3.4 If SW refuses under Clause 7.3.3 to apply to the Commission, it must intimate that fact forthwith to the Licensee and the Commission (together with its reasons for the refusal) and the Licensee may raise the refusal by SW as a Dispute. For the purposes of this Clause 7.3.4, the Expert determination provisions under Clause 25.4.1.1 shall be amended to the effect that an Expert shall not be appointed by the Commission, but by the President for the time being of the Law Society of Scotland.. ::odma\pcdocs\practice\5333461\7d 7.3.5 Where, following a request under Clause 7.3.1, SW applies to the Commission for its consent to depart from the Wholesale Charges Scheme, it may make such representations to the Commission regarding the application as it thinks fit, including representations to the effect that consent should be withheld. 7.3.6 If the Licensee makes a request under Clause 7.3.1, it must provide SW with such information as it reasonably requires for the purpose of considering the request and (unless the request is refused under Clause 7.7.3.3)