(1) Before making a determination -
(a) to impose a requirement on a person under section 33A or 33B,
(b) to refuse an application under section 33C(5) in relation to a requirement imposed under either of those sections, or
(c) to vary or to revoke a requirement so imposed,
the OFT shall proceed as follows.
(2) The OFT shall give a notice to every person to whom subsection (3) applies in relation to the determination -
(a) informing him, with reasons, that it is minded to make the determination; and
(b) inviting him to submit to it representations as to the determination under section 34.
(3) This subsection applies to a person in relation to the determination if he falls within, or as a consequence of the determination would fall within, section 33C(6) or (7) in relation to the requirement in question.
(4) This section does not require the OFT to give a notice to a person if the determination in question is in the same terms as a proposal made to the OFT by that person (whether a