(1) The Commissioner
is not to incorporate the new body until —
(a) the
time during which any request might be made under section 105 has expired; and
(b) any
request made under that section has been finally refused.
(2) For the purposes
of subsection (1) a request under section 105 has been finally refused if the
request is refused by the Commissioner and either —
(a) the
time for making an application for review under section 170 has expired
without such an application being made; or
(b) any
application for review made under section 170 —
(i)
has resulted in the Commissioner’s refusal being
confirmed; or
(ii)
has been dismissed or struck out.