Broadcasting Act 2009
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PART 5 Enforcement | ||
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Chapter 1 Compliance with terms of contract | ||
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Investigation into affairs of contractor. |
50.— (1) The Compliance Committee may for any of the reasons specified in subsection (2) conduct an investigation into the operational, programming, financial, technical or other affairs of a holder of a contract under Part 6 or 8 (“ contractor ”). | |
(2) The Compliance Committee may conduct, by appointing as an investigator a member of the staff of the Authority or another person the Committee considers to be suitably qualified to conduct, an investigation under this section if it has reasonable grounds for believing that a contractor is not providing a service in accordance with the terms of the contractor’s contract. | ||
(3) The Compliance Committee shall notify the contractor concerned of the matter under investigation and afford the contractor an opportunity to respond, within 7 days of the date of the notification, or such further period as the Committee allows, to the matter under investigation. It is the duty of the contractor to co-operate in the investigation. | ||
(4) An investigator may for the purposes of an investigation under this section require the contractor concerned to— | ||
(a) produce to the investigator such information or records in the contractor’s possession or control relevant to the investigation, | ||
(b) allow the investigator to enter the premises of the contractor to conduct such inspections and make such examinations of broadcasting equipment found there, and | ||
(c) where appropriate, attend before the investigator for the purposes of the investigation. | ||
(5) Where an investigator, having conducted an investigation under subsection (2), forms a view that a contractor is not providing the service referred to in that subsection in accordance with the terms of the contractor’s contract, then he or she shall notify the finding to the contractor and afford that contractor an opportunity to make submissions in accordance with any rules made under subsection (8) at a hearing before the Compliance Committee in respect of the matter under investigation. | ||
(6) The contractor concerned shall supply the Compliance Committee with such information and records the Committee considers necessary for the purposes of a hearing. | ||
(7) After consideration of submissions (if any) made by the contractor concerned under subsection (5), the Compliance Committee may— | ||
(a) make a finding that the contractor is not providing the service referred to in subsection (2) in accordance with the terms of the contractor’s contract, or | ||
(b) make such other finding as it considers appropriate in the circumstances. | ||
(8) The Compliance Committee shall make rules providing for the conduct of a hearing under subsection (5). The rules shall provide for the period in which submissions under subsection (5) are to be made. The rules may include provision for an oral or other form of hearing, as appropriate. | ||
(9) In this section “investigator” means a person appointed as such under subsection (2). |