Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023

Adjudicator may refer question of law to Court

111. (1) An adjudicator may, on her or his own initiative or at the request of the Commission or a person the subject of a referral under section 71 , refer to the Court for decision by way of case-stated a question of law arising at a hearing on a referral under section 71 .

(2) Where a question has been referred under subsection (1), the adjudicator shall not, in relation to a referral under section 71 to which the hearing relates—

(a) make a decision under section 90 or 91 to which the question is relevant while the reference to the Court is pending, or

(b) proceed in a manner, or make a decision under section 90 or 91 , that is inconsistent with the Court’s decision on the question.

(3) Where a question is referred to the Court under subsection (1)

(a) the adjudicator shall send to the Court all documents before the adjudicator that are relevant to the matter in question, and

(b) at the end of the proceeding in the Court in relation to the reference, the Court shall cause the documents to be returned to the adjudicator.