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26. Decision by Commission

(1) After considering the representations, if any, made within the period referred to in section 25, the Commission may make a decision as to whether or not the conduct in question is excluded or exempt from the application of the second conduct rule or this Part.

(2) A decision by the Commission may include conditions or limitations subject to which it is to have effect.

(3) After the Commission has made its decision, it must inform the applicant in writing of the decision, the date of its decision and the reasons for it.

27. Effect of decision

(1) Subject to subsection (2), if the Commission makes a decision that conduct is excluded or exempt from the application of the second conduct rule or this Part then each undertaking specified in the decision is immune from any action under this Ordinance with regard to that conduct.

(2) The immunity provided by subsection (1) applies to an undertaking only to the extent of the second conduct rule or this Part, and in so far as that undertaking complies with every condition and limitation subject to which the decision is to have effect.

28. Non-compliance with condition or limitation

(1) If an undertaking fails or ceases to comply with a condition or limitation subject to which a decision has effect, the immunity provided by section 27 ceases to apply with respect to that undertaking with effect from the date on which the non-compliance begins.

(2) If an undertaking starts to comply or resumes compliance with the condition or limitation, the immunity provided by section 27 applies to that undertaking with effect from the date on which the compliance begins or resumes.

(3) Action may be taken under this Ordinance against any undertaking relating to a contravention of the second conduct rule by that undertaking, that occurs during any period in which the immunity provided by section 27 does not apply to it.

29. Rescission of decision

(1) The Commission may rescind a decision made under section 26 if it has reason to believe—