Cap. 592 Art. 3Scope of the Act.

(1) The Authority shall administer the provisions of this Act in line with the guiding principles and in furtherance of the regulatory objectives established by MDIA Act. All the provisions of the MDIA Act shall apply in relation to persons who are recognised under this Act, including without limitations in so far as relates to the powers vested in the Authority regarding recognition and authorisations or refusal thereof, investigation, and enforcement and also with regard to regulatory actions which may be taken.

(2) This Act provides for various methods of recognition which the Authority may extend to varied types of innovative technology arrangements and innovative technology services as are referred to in the Schedules and this in accordance with the provisions of this Act.

(3) Unless having the functions and, or the characteristics referred to in the Schedules, it shall be presumed that the type or class of innovative technology arrangement or service shall not be eligible for recognition by the Authority under this Act.

(4) In the event of reasonable doubt as to whether -

(a) an innovative technology arrangement or innovative technology service has the functions and, or the characteristics referred to or is within the type or class of arrangements or services referred to in the Schedules; or

(b) the arrangement is sufficiently similar in scope and functionality to an innovative technology arrangement as defined in this Act; or

(c) the arrangement includes but does not consist solely of an innovative technology arrangement, the Authority may, on a written application for a ruling regarding any particular innovative technology arrangement or innovative technology service, issue a ruling confirming or denying the application, in part or in full.

In case of confirmation, the relevant innovative technology arrangement or innovative technology service shall thereby be considered to have the functions and, or the characteristics referred to or be of the type or class of arrangements or services listed in the Schedules and the applicant may proceed with an application for recognition under the provisions of this Act.

(5) The decision by the Authority to deny an application ARRANGEMENTS AND SERVICES

under this article shall be subject to review or appeal by the Tribunal under the provisions of the MDIA Act and in case of a negative determination of the appeal, the particular innovative technology arrangement or innovative technology service shall not be eligible for recognition unless such particular innovative technology arrangement or innovative technology service is modified to fit within the scope of the Schedules or until such time as the Schedules are amended to include such type or class.