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

Direction

49. (1) Where the Commission is satisfied that a provider has failed to comply with a proposed resolution that is binding upon it by virtue of section 47 (2), the Commission may serve a direction on the provider requiring the provider to take such measures to ensure compliance with the resolution as are specified in the direction.

(2) Without prejudice to the generality of subsection (1), a direction may require all or any of the following:

(a) the reimbursement of payments by a provider to an end-user;

(b) payment of compensation by a provider to an end-user;

(c) payment by a provider in settlement of losses suffered by an end-user;

(d) where the Commission is satisfied that the conditions, requirements or circumstances permitting such termination have been met, the termination of a contract between a provider and an end-user without the end-user incurring further costs;

(e) the giving of an apology by a provider to an end-user;

(f) the giving of an explanation by a provider to an end-user for any matter giving rise to a complaint;

(g) compliance with a term or condition of the contract between the provider and the end-user;

(h) compliance with a legal obligation pursuant to the law relevant to the relevant dispute.

(3) The maximum amount of compensation that a provider may be directed to pay to any end-user under this section shall be €5,000 or such other lesser or greater amount as the Minister may prescribe.