517TDuty of Commission to consider objections

1. Where the copy of the transfer proposal and the copies of the other documents are forwarded to the Commission under section 517S, the Commission—

2. must ensure that the proposer or a representative of the proposer, and any person who has lodged a written objection under section 517K, and any other person or group of persons the Commission thinks fit, is given a reasonable opportunity to be heard by the Commission; and
3. must consider, having regard to the criteria set out in section 517U and such other matters as the Commission considers on reasonable grounds to be relevant,—
   1. the transfer proposal; and
   2. each objection received; and
   3. all other relevant information presented to or obtained by the Commission.

4. Where all objections to a transfer proposal have been considered and any further investigations or inquiries or negotiations considered by the Commission to be necessary or desirable have been made or carried out, the Commission must determine whether the transfer of the scheme is to proceed or not.

5. Where the Commission determines under subsection (2) that the proposed transfer is to proceed, the Commission may approve the transfer proposal with such modifications, if any, as the Commission thinks fit, being modifications which result from the objections made in relation to the transfer proposal or from any investigations, inquiries, or negotiations made or carried out in relation to that transfer proposal.

6. The determination of the Commission under subsections (2) and (3) is final.