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

Commitments

67. (1) A notified person may at any time prior to the date on which an adjudicator makes a decision under section 90 in relation to the regulatory breach specified in a notice of suspected non-compliance (referred to in this section as the “relevant breach”), propose to the Commission in writing measures to appropriately address the breach.

(2) Where the Commission receives a proposal under subsection (1), it may—

(a) consult to the extent that it sees fit in relation to the proposal, including consulting publicly or consulting other persons,

(b) where it is of the opinion that it requires further information in order to consider the proposal, by notice in writing served on the person that made the proposal, require the person to give to it within a specified period specified information, and

(c) where it considers it necessary to do so, at any time before the proposal is made the subject of a commitment, propose to the person modifications, alterations, additions or other changes to the proposal.

(3) Where the Commission is satisfied that the terms of the proposal (subject to any modifications, alterations, additions or other changes made to the proposal under subsection (2))—

(a) appropriately address the relevant breach, and

(b) are clear and unambiguous and capable of being complied with,

it may notify the person in writing that it is willing to accept a commitment from the person in relation to the proposal.

(4) Where a person enters into a commitment with the Commission in accordance with this section (referred to in this Act as a “commitment”), the Commission shall publish the commitment (save where such publication would, in the opinion of the Commission, prejudice the achievement of the objectives of this Act) on the website of the Commission, with due regard for the protection of commercially sensitive information, as soon as practicable after the notified person has entered into the commitment.

(5) The Commission shall not take any further step in administrative sanctions proceedings in relation to the relevant breach as long as it is satisfied that—

(a) the notified person is in compliance with the commitment, and

(b) that the information submitted by the notified person at the time it entered into the commitment was not incomplete, incorrect, false, or misleading in a material respect.

(6) A commitment may be amended or terminated where both the notified person and the Commission agree to the amendment or termination.

(7) Where the Commission is no longer satisfied that a notified person is in compliance with a commitment it shall notify the person that it intends to take further steps in the administrative sanctions proceedings and afford the person an opportunity to make submissions in relation to its compliance with the commitment.