26.6  Secretary of State/Court consent

If the Authority, in the exercise of its discretion, decides that it wishes to seek to exercise such statutory power requested by the Service Provider pursuant to clause 26.2(a) and the consent, confirmation or order of the Secretary of State or any order of the Court is required for the exercise by the Authority of such statutory power:

(a)  then the Authority shall, as soon as reasonably practicable in the circumstances, apply for such consent, confirmation or order;

(b)  the decision of the Secretary of State or the Court shall not be subject to review under the Dispute Resolution Procedure and the Authority shall not be obliged to exercise any right of appeal of such decision;

(c)  if the Secretary of State or the Court refuse to give or make any consent, confirmation or order then:

(i)  if the refusal renders impossible (and not merely more expensive) the Service Provider's performance of this Contract (as a whole) or has a fundamental effect on the rights and obligations of the Service Provider under this Contract, then the Authority shall issue an Authority Change to address such impossibility or fundamental effect; and

(ii)  in all other cases  the provision of clauses 26.4 and 26.5 shall apply.