Section 7Part 2 — Establishment, functions and administration of the Utility Regulation and Competition Office
Duty to consult
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Prior to issuing an administrative determination which, in the reasonable opinion of the Office, is of public significance, and subject to specific procedures under sectoral legislation, the Office shall —
issue the proposed determination in the form of a draft administrative determination;
allow persons with sufficient interest or who are likely to be affected a reasonable opportunity to comment on the draft administrative determination; and
give due consideration to those comments with a view to determining what administrative determination (if any) should be issued.
The Office shall, within six months of the date of commencement of this section, publish its procedures for seeking comments, which shall include —
how the Office will issue draft administrative determinations under subsection (1);
how consultations will be published;
the minimum time for responding to consultations;
how the Office will publish comments or summaries of comments received;
guiding principles setting out how the Office will consider comments received and how it will publish its reasons for its decisions after it has considered those comments; and
guiding principles for determining when the Office may derogate from the standard procedures.
An administrative determination is of public significance if it relates to a sectoral utility and is likely to lead to —
a major change in the activities carried on by the Office under this Act or any other Law;
a significant impact on a sectoral provider; or
a significant impact on members of the public.
Where the Office intends to issue an administrative determination, the Office shall —
give written notice of that intention, to any person with sufficient interest or likely to be affected by the proposed determination; and
afford that person an opportunity to make written representations to show cause why the Office ought not to make such a determination.
Defined Terms
administrative determinationpublic significance