This procedure was in force from August 2000 to May 2002

General

1. Those who wish to make an application or proposal for creating a new Second Level Domain ("SLD") in the .uk Top Level Domain (an "Applicant") must comply with the Procedure for making Applications for new Second Level Domains (the "Procedure"). 

2. Nominet will process applications for creating new SLDs in accordance with the Procedure and the Policy for the Creation of new Second Level Domains (the "Policy").

3. No new SLD shall be created unless Nominet has given approval in accordance with the Policy and Procedure.

How to apply

4. Any application or proposal for creating an SLD (an "Application") must be in the form prescribed by Nominet.

5. The Application must be accompanied by the following:

5.1 a draft charter (see paragraph 7 below);

5.2 a statement (see paragraph 8 below);

5.3 an outline of proposed rules for the new SLD (see paragraph 9 below)

6 In addition, an Application by an intended Third Party Registry (as defined in the Policy) must be accompanied by the following:

6.1 proposed contractual terms and conditions for potential Registrants in the proposed SLD;

6.2 a Third Party Registry's declaration (see paragraph 11 below); and

6.3 detailed financial plans for the operation of the Third Party Delegated SLD.

6.4 a non-refundable application fee of £1,000 (plus VAT)

7 The draft charter referred to in paragraph 5.1 will include:

7.1 the name of the intended SLD (which should be no more than two or three characters in length), together with a brief description of its purpose or function; and

7.2 the criteria for eligibility as a registrant in the SLD (a "Registrant").

8 The statement referred to in paragraph 5.2 will:

8.1 define the community of interest which the proposed SLD will serve;

8.2 outline the necessity for the SLD;

8.3 confirm that the proposed SLD complies with the Policy, and in particular address the matters set out at paragraph 5-7 inclusive of the Policy. 

8.4 The statement may be accompanied by supporting documentation, information or statements.

9 The outline rules referred to in paragraph 5.3 will be an objective, transparent and non-discretionary set of rules which describe the operation of the SLD.  In particular the outline rules will: 

9.1 incorporate confirmation that all Registrants in the proposed SLD will be bound by Nominet's Terms & Conditions for the Registration of Domain Names, and Rules for the .uk Domain and its Sub-Domains, in both cases as amended from time to time; and

9.2  enable Nominet (or a Third Party Registry as the case may be) to operate, and to be seen to operate, the SLD in a neutral manner that confers no benefit on one Registrant above that which it confers on any other.

Applications by proposed Third Party Registries

10.  Applications for Third Party Delegated SLDs must be made by the proposed Third Party Registry.

11. A Third Party Registry's declaration referred to in paragraph 6.2 above will contain an explanation of how the delegation of the SLD would serve the interests of the Internet community, rather than the Third Party Registry's own commercial or other interests.  The Third Party Registry's declaration will also contain any facts, information or risks that might reasonably be prejudicial to the Third Party Registry's trusteeship of the SLD. 

12. A Third Party Registry must demonstrate to Nominet's satisfaction that it has sufficient technical, commercial, operational and financial resources to run the SLD independently.

13. The detailed financial plans referred to in paragraph 6.3 above will demonstrate that the Third Party Registry will operate the SLD on a cost-orientated rather than a profit motivated basis.

14. Delegation to Third Party Registries will only occur subject to the Third Party Registry entering into a contract with Nominet (the "Contract").  The Contract, in addition to making provision as envisaged by the terms of the Policy and the Procedure, will contain the following provisions:

14.1 a provision allowing Nominet regularly to review the Third Party Registry's compliance with the terms of the Contract;

14.2 a provision enabling Nominet to suspend, withdraw or reassign  delegation of the SLD in certain specified circumstances, for example in the event of Third Party Registry default;

14.3 an indemnity on the part of the Third Party Registry in favour of Nominet in respect of any and all losses suffered by Nominet as a result of the Third Party Registry's acts or omissions in administering the SLD;

14.4 a continuing obligation on the part of the Third Party Registry to provide to Nominet disclosure of such facts, information or risks which might reasonably be prejudicial to the Third Party Registry's trusteeship of the SLD;

14.5 an obligation on the part of the Third Party Registry to publish and submit to Nominet annual transparent financial accounting for the operation of the SLD; and

14.6 a provision prohibiting the Third Party Registry at any time subsequent to making its Application from modifying the charter, the rules, or the terms and conditions referred to in the Procedure without the prior written consent of Nominet.

15 In addition to the non-refundable application fee referred to in paragraph 6.4 above, the proposed Third Party Registry will also pay Nominet's legal costs for drawing up and negotiating the contract with the Third Party Registry.

Processing of Applications

A. By Nominet staff (the "Executive")

16 The Executive will acknowledge receipt of all Applications within 21 days of receipt by Nominet.

17 Subject to paragraph 18 below, the Executive shall evaluate the Application within 3 months of receipt in the light of the Policy and the Procedure, and shall make a written recommendation with reasons to the Policy Advisory Board ("PAB") to approve or reject the Application.

18 At any time during the 3 month period referred to in paragraph 17, the Executive may by notice in writing to the Applicant reject an Application where in its opinion one or more of the following apply:

18.1 The Application is frivolous or vexatious; or

18.2 The Application does not demonstrate a material difference from previous applications; or

18.3 The Application is incomplete.  

For the avoidance of doubt, the Executive will NOT be obliged to submit any Application rejected under this paragraph to the PAB or the Council of Management ("CoM") prior to rejection.

B. Publication of the Executive's Recommendation

19 The written recommendation of the Executive shall be published on Nominet's web site not less than 28 days prior to the date of the PAB meeting at which an Application is to be considered (the "PAB Meeting").  The Executive's recommendation shall contain the date of the PAB Meeting.

20 Any interested party may file observations ("Observations") which must be received by Nominet not less than 14 days prior to the date of the PAB Meeting.  Nominet will publish the Observations on its web site.  The Observations will be taken into account by the PAB, which may, at its sole discretion, delay its considerations or ask for any other appropriate material to be produced or obtained from any party for consideration.  Any such materials may at the discretion of the PAB be published on Nominet's web site as part of the process of considering the Application.

C. By the PAB

21  At the PAB Meeting, the PAB will either:

21.1 approve or reject the Application.  If the PAB rejects the Application, the Application shall not be referred to the CoM but shall be rejected without any ballot of the Membership.  Otherwise, the Application will be referred to the CoM for further action as described in paragraphs 22-23 below.

21.2 return the Application to the Executive for further clarification from the Applicant. The PAB may not return an Application to the Executive more than once. 

21.3 No further fee is due when an Application is re-submitted within one month of the Applicant being notified formally of the request for further clarification. 

D. By the COM

22. The CoM will either:

22.1 approve or reject the Application.
  
22.2 recommend that 22.0 the Application is referred back to the Executive to invite the Applicant to make good any perceived deficiencies outlined by the CoM.  Unless on re-application the CoM recommends that the Application is accepted, the Application shall be rejected without any ballot of the Membership.

22.3 The CoM may not return the Application to the Executive more than once. 

22.4 No further fee is due when an Application is re-submitted within one month of the Applicant being notified formally of the request for further clarification.

23.  If the CoM recommend that the Application be rejected, then the Application shall be rejected without any ballot of the Membership.

E. Consultation with the members of Nominet (the "Membership")

24.  If the CoM approves the Application a process of consultation will take place with the Membership. The process of consultation shall not take more than 3 months from the date of the relevant meeting of the CoM.

F. Ballot of the Membership

25. Following any period of consultation a ballot of the Membership shall  be held.  For the avoidance of doubt, no Application shall be accepted unless a ballot of the Membership has been conducted.  The ballot will be conducted by the Executive on a one-member-one-vote basis in a manner otherwise determined at the sole discretion of the Executive.

26. If the ballot shows that a simple majority of those voting are in favour of the creation of the SLD, the Application shall be passed to the Executive for implementation, otherwise the Application shall be rejected.