36.—(1) The Board shall send each statement prepared in accordance with section 35 to the Commission for its approval (in this section referred to as the “statement”) and the statement, and in particular any charges referred to therein, shall not apply until such time as it has been approved of by the Commission.

(2) The Commission shall consult with the Board and have regard to any submission made by the Board to the Commission prior to making a decision as to whether to approve of or not, as the case may be, a statement submitted by the Board to the Commission for approval.

(3) A statement and, in particular, charges referred to therein, shall not take effect until such time as it is approved of by the Commission, subject to such modifications, if any, as the Commission considers appropriate.

(4) Any charges imposed by the Board on or before the commencement of this section shall, subject to the approval of the Commission, continue in force until a statement has been approved of by the Commission under this section and thereafter all charges shall be in accordance with a statement approved of by the Commission.

F388[(5) In the event of delay in the fixing of transmission or distribution tariffs or methodologies (the "final transmission or distribution tariffs or methodologies"), the Commission shall have the power to fix or approve transmission or distribution tariffs or methodologies which shall have effect on a provisional basis and to decide on, and implement, the appropriate compensatory measures if the final transmission and distribution tariffs or methodologies differ from those provisional tariffs or methodologies in any respect.]