(1) If a regulator gives a person ("A") a notice to which this section applies, it must -

(a) allow him access to the material on which it relied in taking the decision which gave rise to the obligation to give the notice;

(b) allow him access to any secondary material which, in the regulator's opinion, might undermine that decision.

(2) But the regulator giving the notice does not have to allow A access to material under subsection (1) if the material is excluded material or it -

(a) relates to a case involving a person other than A; and

(b) was taken into account by the regulator giving the notice in A's case only for purposes of comparison with other cases.

(3) The regulator giving the notice may refuse A access to particular material which it would otherwise have to allow him access to if, in its opinion, allowing him access to the material -

(a) would not be in the public interest; or

(b) would not be fair, having regard to -