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reg 12

Transfer of operation of network

In force

12 Transfer of operation of network

(1)

Subregulation (2) applies to a person if —

(a)

the operation of a network is transferred to the person; and

(b)

the obligations in this Division did not apply to the person before the transfer; and

(c)

the person is the network operator of the network after the transfer (whether or not the person was a network operator before the transfer); and

(d)

immediately before the transfer, the obligations in this Division applied to the network operator of the network (the prior network operator).

(2)

If this subregulation applies to a person —

(a)

this Division applies to and in relation to the person, whether or not the person is a network operator described in regulation 10; and

(b)

the obligations in this Division apply to and in relation to the person on and from —

(i)

if the prior network operator had, or was required to have, a safety management system in relation to the network — the day on which the operation of the network is transferred to the person; or

(ii)

if subparagraph (i) does not apply — the day worked out under regulation 11 in relation to the person, as if the 2 year period referred to in regulation 11(4)(a) were the 2 year period applicable to the first person to become a network operator in relation to the network.

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