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

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PART 6

Interim Measures

Urgent interim measures

57. (1) The Commission may, at any time where it has evidence of a breach of a regulatory provision or a breach of conditions, or of a substantial risk that either such breach will take place, that—

(a) represents an immediate and serious threat to public safety, public security or public health, or

(b) risks creating serious economic or operational problems for other providers or users of electronic communications networks or services or other users of the radio spectrum,

impose urgent interim measures (referred to in this Act as “urgent interim measures”) to remedy the breach or the risk of the breach.

(2) The urgent interim measures that the Commission may impose in accordance with subsection (1) may include a requirement—

(a) that the suspected breach cease and that specified measures be taken to remedy the suspected breach, or

(b) in the case of an anticipated breach, that specified measures be taken to prevent the breach from taking place,

immediately or within a reasonable time limit.

(3) Where the Commission imposes urgent interim measures it shall serve a notice in writing (referred to in this Act as an “urgent interim measures notice”) on the person suspected of the breach or, as the case may be, the anticipated breach.

(4) An urgent interim measures notice shall—

(a) identify the evidence referred to in subsection (1).

(b) specify the suspected, or anticipated, regulatory breach or breach of conditions,

(c) identify any suspected breach that is required to cease,

(d) specify any measure that is required to be taken to remedy the suspected breach concerned or to prevent the anticipated breach from taking place,

(e) specify any date or time by which the breach is to cease or any measure is to be taken, and

(f) be signed and dated by the Commission.

(5) An urgent interim measure shall take effect on such date as the Commission specifies in the notice.

(6) The Commission shall, subject to subsection (8), allow a reasonable period, having regard to the urgency of the measures and the particular circumstances, before an urgent interim measure takes effect to enable the person to whom the measure is directed to make written submissions to the Commission in relation to the measure including any remedies that the person concerned may wish to propose.

(7) A person to whom an urgent interim measure is directed may, within the period specified in the urgent interim measures notice, or where the measure is varied within the period specified in the notice of such variation, make written submissions to the Commission in relation to the measure or the variation of the measure.

(8) Exceptionally, and in circumstances of extreme urgency, the Commission may specify that an urgent interim measure take effect without the person to whom it is directed having an opportunity to make submissions and where the Commission does so it shall provide the person with an opportunity to make such submissions as soon as possible after the measure takes effect.

(9) Where the Commission receives written submissions in accordance with subsection (7) or (8) in relation to an urgent interim measure it shall—

(a) consider such submissions, and

(b) by notice in writing to each person on which the urgent interim measures notice was served, confirm, revoke or vary the urgent interim measure.

(10) Subject to subsection (11) and to any order made by the High Court on an appeal under section 105 an urgent interim measure shall remain in effect until the earlier of—

(a) such date as the Commission may specify in the urgent interim measures notice, and

(b) the expiry of a period of 3 months beginning on the date on which the measure first came into effect.

(11) The Commission may by notice in writing to each person on which the urgent interim measures notice was served, in circumstances where enforcement procedures have not been completed, extend the period during which an urgent interim measure remains in force up to a maximum period of 6 months beginning on the date on which the measure first came into effect.

(12) Where there is a material change of circumstances while an urgent interim measure is in effect a person to whom the measure is directed may make representations to the Commission to have the measure varied or revoked.

(13) The Commission may vary or revoke an urgent interim measure at any time by notice in writing to the person on whom the urgent interim measures notice was served, setting out how the measure is to be varied or stating that the measure is to be revoked and stating the date on which such variation or revocation is to take effect.

(14) An urgent interim measures notice shall cease to have any effect if it is revoked by the Commission.

(15) A person to whom an urgent interim measures notice is directed shall comply with any urgent interim measures contained in such notice.

(16) Where a person fails to comply with an urgent interim measure the Commission may apply to the High Court for an order compelling compliance.

(17) Where an urgent interim measure—

(a) requires the cessation of a breach that constitutes a criminal offence, or

(b) requires a person to do something in circumstances where a failure to do the thing required constitutes a criminal offence,

and the Commission has—

(i) brought proceedings in respect of such offence, or

(ii) given a notice under section 44 of the Principal Act in respect of such offence,

the Commission shall not make an application for an order under subsection (16) compelling compliance with the urgent interim measures notice.

(18) A person to whom an urgent interim measure is directed may appeal the measure in accordance with Chapter 8 of Part 7 .

(19) Where the Commission imposes urgent interim measures under this section in relation to a suspected regulatory breach that is the subject of an investigation by an authorised officer, the authorised officer shall, as soon as reasonably practicable thereafter, conclude the investigation and determine whether or not to serve a notice of suspected non-compliance within the meaning of Part 7 .