Notice of proposed relevant contracts or variations of relevant contracts to be given
134 Notice of proposed relevant contracts or variations of relevant contracts to be given
This clause applies only to relevant contracts that the conditions of the CMS licence or links licence require to be notified to the Minister.
A licensee must not enter into or become a party to a relevant contract, or the variation of a relevant contract, to which this clause applies until the licensee has given the Minister written notice of the details of the proposed contract or variation of contract that are specified in the conditions of the licence and the investigation time that the Minister is allowed by this clause has elapsed.
The notice must be accompanied by the fee (if any) specified by the conditions of the licence.
The Minister may object to the proposed contract or variation of contract by notice in writing given to the licensee during the investigation time that the Minister is allowed by this clause, in which case the licensee must not enter into or become a party to the contract or variation of contract.
The Minister is not required, despite any rule of law to the contrary, to give reasons for an objection made under subclause (4).
The Minister is allowed 28 days investigation time (starting from when the notice under subclause (2) is given to the Minister) but that time can be shortened or extended in a particular case by the Minister by notice in writing to the licensee.
Investigation time is not to be extended unless the Minister is of the opinion that the special circumstances of the case (such as, for example, the complex nature of the inquiries that need to be made or the need to consult other persons or bodies) make the extension necessary or desirable and that public interest considerations justify the extension.
Investigation time can be extended more than once but cannot in any case be extended to more than 6 months after the notice was given to the Minister.
It is a condition of a CMS licence or links licence that the licensee must comply with this clause.
Failure to comply with this clause does not affect the validity of any contract or variation of contract.
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