Giving guidance
5.—(1)  Where an application has been made to the Commission for guidance under section 43 or 50 of the Act and the Commission gives guidance to the applicant, it shall state the facts on which the guidance is based and its reasons for the guidance.
(2)  The Commission may determine an application for guidance by exercising its discretion not to give guidance, whereupon the Commission shall give notice to the applicant of that fact.