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Change 1
As published
SCHEDULE 7 Qualifying Revenue: Supplementary Provisions
Sections 67, 77 and 121.
Part I Qualifying Revenue for purposes of Part I or II of this Act
Computation of qualifying revenue
1 (1) It shall be the duty of OFCOM to draw up, and from time to time review, a statement setting out the principles to be followed in ascertaining the qualifying revenue in relation to a person—
(a) for any accounting period of his, or
(b) for any year,
for the purposes of any provision of Part I or Part II of this Act.
(2) A statement under this paragraph may set out different principles for persons holding different kinds of licences.
(3) Before drawing up or revising a statement under this paragraph OFCOM shall consult the Secretary of State and the Treasury.
(4) OFCOM shall—
(a) publish the statement drawn up under this paragraph and every revision of that statement; and
(b) transmit a copy of that statement, and every revision of it, to the Secretary of State;
and the Secretary of State shall lay copies of the statement and of every such revision before each House of Parliament.
(5) This paragraph does not apply in relation to such part of a person’s qualifying revenue as falls to be ascertained in accordance with section 368J of the Communications Act 2003 (see section 18A(1)(b) and (3) of this Act).
Disputes
2 (1) For the purposes of any provision of Part I or Part II of this Act—
(a) the amount of the qualifying revenue in relation to any person for any accounting period of his, or (as the case may be) for any year, or
(b) the amount of any payment to be made to OFCOM by any person in respect of any such revenue, or of an instalment of any such payment,
shall, in the event of a disagreement between OFCOM and that person, be the amount determined by OFCOM .
(2) No determination of OFCOM under this paragraph shall be called in question in any court of law, or be the subject of any arbitration; but nothing in this sub-paragraph shall prevent the bringing of proceedings for judicial review.
Part II Qualifying Revenue for purposes of Part III of this Act
Computation of qualifying revenue
1 (1) It shall be the duty of OFCOM to draw up, and from time to time review, a statement setting out the principles to be followed in ascertaining the qualifying revenue for any accounting period of a licence holder for the purposes of any provision of Part III of this Act.
(2) A statement under this paragraph may set out different principles for persons holding different kinds of licences.
(3) Before drawing up or revising a statement under this paragraph OFCOM shall consult the Secretary of State and the Treasury.
(4) OFCOM shall—
(a) publish the statement drawn up under this paragraph and every revision of that statement; and
(b) transmit a copy of that statement, and every revision of it, to the Secretary of State;
and the Secretary of State shall lay copies of the statement and of every such revision before each House of Parliament.
Disputes
2 (1) For the purposes of any provision of Part III of this Act—
(a) the amount of the qualifying revenue for any accounting period of a person, or
(b) the amount of any payment to be made to OFCOM by any person in respect of any such revenue, or of an instalment of any such payment,
shall, in the event of a disagreement between OFCOM and that person, be the amount determined by OFCOM .
(2) No determination of OFCOM under this paragraph shall be called in question in any court of law, or be the subject of any arbitration; but nothing in this sub-paragraph shall prevent the bringing of proceedings for judicial review.
Your change, as a redline
SCHEDULE 7 Qualifying Revenue: Supplementary Provisions
Sections 67, 77 and 121.
Part I Qualifying Revenue for purposes of Part I or II of this Act
Computation of qualifying revenue
1 (1) It shall be the duty of OFCOM to draw up, and from time to time review, a statement setting out the principles to be followed in ascertaining the qualifying revenue in relation to a person—
(a) for any accounting period of his, or
(b) for any year,
for the purposes of any provision of Part I or Part II of this Act.
(2) A statement under this paragraph may set out different principles for persons holding different kinds of licences.
(3) Before drawing up or revising a statement under this paragraph OFCOM shall consult the Secretary of State and the Treasury.
(4) OFCOM shall—
(a) publish the statement drawn up under this paragraph and every revision of that statement; and
(b) transmit a copy of that statement, and every revision of it, to the Secretary of State;
and the Secretary of State shall lay copies of the statement and of every such revision before each House of Parliament.
(5) This paragraph does not apply in relation to such part of a person’s qualifying revenue as falls to be ascertained in accordance with section 368J of the Communications Act 2003 (see section 18A(1)(b) and (3) of this Act).
Disputes
2 (1) For the purposes of any provision of Part I or Part II of this Act—
(a) the amount of the qualifying revenue in relation to any person for any accounting period of his, or (as the case may be) for any year, or
(b) the amount of any payment to be made to OFCOM by any person in respect of any such revenue, or of an instalment of any such payment,
shall, in the event of a disagreement between OFCOM and that person, be the amount determined by OFCOM .
(2) No determination of OFCOM under this paragraph shall be called in question in any court of law, or be the subject of any arbitration; but nothing in this sub-paragraph shall prevent the bringing of proceedings for judicial review.
Part II Qualifying Revenue for purposes of Part III of this Act
Computation of qualifying revenue
1 (1) It shall be the duty of OFCOM to draw up, and from time to time review, a statement setting out the principles to be followed in ascertaining the qualifying revenue for any accounting period of a licence holder for the purposes of any provision of Part III of this Act.
(2) A statement under this paragraph may set out different principles for persons holding different kinds of licences.
(3) Before drawing up or revising a statement under this paragraph OFCOM shall consult the Secretary of State and the Treasury.
(4) OFCOM shall—
(a) publish the statement drawn up under this paragraph and every revision of that statement; and
(b) transmit a copy of that statement, and every revision of it, to the Secretary of State;
and the Secretary of State shall lay copies of the statement and of every such revision before each House of Parliament.
Disputes
2 (1) For the purposes of any provision of Part III of this Act—
(a) the amount of the qualifying revenue for any accounting period of a person, or
(b) the amount of any payment to be made to OFCOM by any person in respect of any such revenue, or of an instalment of any such payment,
shall, in the event of a disagreement between OFCOM and that person, be the amount determined by OFCOM .
(2) No determination of OFCOM under this paragraph shall be called in question in any court of law, or be the subject of any arbitration; but nothing in this sub-paragraph shall prevent the bringing of proceedings for judicial review.
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