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Telecommunications Act 2001

Structural separation of Telecom - Monitoring of shared assets, services, and systems

69D: Meaning of arm's-length

You could also call this:

"What 'arm's-length' means: dealing with others in a normal and fair way"

Illustration for Telecommunications Act 2001

When you hear the term "arm's-length", it means having relationships, dealings, and transactions that are normal and fair. You do things that people usually do in similar situations, and you don't leave out things that people usually include. You act independently and make decisions that are best for you. This means you are not influenced by others and you make choices that benefit you, just like people who are not connected or related would do in the same situation. You are connected or related only by the transaction or dealing, and you act in your own best interests.

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Part 2AStructural separation of Telecom
Monitoring of shared assets, services, and systems

69DMeaning of arm's-length

  1. Without limiting the ordinary meaning of the expression, arm's-length includes having relationships, dealings, and transactions that—

  2. do not include elements that parties in their respective positions would usually omit; and
    1. do not omit elements that parties in their respective positions would usually include,—
        1. if the parties were—
      1. connected or related only by the transaction or dealing in question; and
        1. acting independently; and
          1. each acting in its own best interests.

            Notes
            • Section 69D: substituted, on (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 51 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).