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Amendment of section 139ZR of Principal Act
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26. Section 139ZR of the Principal Act is amended—
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(a) by the substitution of “inquiry subject” for “provider” in each place where it occurs,
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(b) in subsection (1), by the substitution of the following paragraph for paragraph (b):
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“(b) a notice in writing stating that the inquiry subject may make submissions in writing to the Commission on the final report and any views to which section 139ZM(7A) applies within the period of 28 days from the date the inquiry subject receives the notice or views, or such further period as the Commission may allow.”,
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(c) in subsection (2), by the substitution of “the final report and any views to which section 139ZM(7A) applies” for “the final report”,
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(d) in subsection (4)—
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(i) in paragraph (c), by the insertion of “or in an oral hearing under paragraph (d)” after “paragraph (b)”, and
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(ii) in paragraph (d), by the insertion of “in accordance with Schedule 4” after “hearing”,
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(e) by the insertion of the following subsections after subsection (6):
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“(6A) Where, after the authorised officer has complied with subsections (6) and (7) of section 139ZM, the European Commission under Article 59(3) communicates its views and requests the matter to be reviewed, the Commission—
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(a) shall give the inquiry subject notice in writing of those views and the request, and
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(b) may, following the review, take any action that appears to it to be necessary to ensure compliance with the Digital Services Regulation, which may include referring the matter back to the authorised officer to reopen the investigation.
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(6B) Where an investigation is reopened in accordance with subsection (6A)(b), this Part applies as if references to the final report on the investigation were references to the final report on the reopened investigation, but that does not affect anything done before the reopening of the investigation.”,
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and
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(f) by the insertion of the following subsection after subsection (9):
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“(9A) Without prejudice to subsections (8) and (9), a person may be liable to an administrative financial sanction in accordance with this Part if, in a case where the report referred to in subsection (1)(b) relates to a Digital Services investigation, the person—
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(a) fails to comply with a request for further information under subsection (4)(a) or (b),
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(b) in purported compliance with a request for further information under subsection (4)(a) or (b), gives to the Commission information which the person knows to be false or misleading in any material respect, or
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(c) fails to rectify—
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(i) any failure on his or her part to comply with a request for further information under subsection (4)(a) or (b), or
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(ii) any information which he or she has given to the Commission in purported compliance with a requirement under subsection (4)(a) or (b) and which is false or misleading in a material respect.”.
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