Overview as to rate-setting 4 (1) The conduct by the rate-assessor of a review of a rate of return under paragraph 1(1) or 2(1) is governed by— (a) paragraphs 5 to 7, 10 (b) paragraphs 9 and 10, (c) paragraphs 12 and 13, (d) paragraphs 19 to 21. (2) A rate of return is to be set as a result of a review under paragraph 1(1) or 2(1) accordingly (plus see paragraph 23 as to reporting afterwards on the conduct of 15 such a review). 5 In a review under paragraph 1(1) or 2(1), the rate-assessor must determine whether a rate of return to be set is to be— (a) different from the rate of return with which the review is concerned, or (b) the same as the rate of return with which the review is concerned. 20 6 In a review under paragraph 1(1) or 2(1), the rate-assessor must have regard to views— (a) of any person whom the rate-assessor chooses to consult, and (b) of any person whose advice the rate-assessor chooses to seek, where received by the rate-assessor timeously in connection with the review. 25 Returns-based assessment 7 (1) The basis on which the rate-assessor is to make a rate determination in a review under paragraph 1(1) or 2(1) is as narrated in sub-paragraph (2). (2) A rate of return should reflect the return that could reasonably be expected to be achieved by a person who invests— 30 (a) in the notional portfolio, and (b) for a period of 30 years. (3) This is without prejudice to paragraphs 10 and 20 (with paragraph 10 to be met before paragraph 20 is met). (4) For the notional portfolio, see the table in paragraph 12(2). 35 8 The Scottish Ministers may by regulations modify a period mentioned in paragraph 7(2). 9 (1) Allowance must be made by the rate-assessor for the impact of inflation on the value of the return or investment to which paragraph 7(2) relates.