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

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Settlements

68. (1) An authorised officer may, with the approval of the Commission, 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 agree a settlement with a notified person.

(2) An authorised officer may at any time refer a proposed settlement to the Commission for its approval.

(3) Where the Commission approves a settlement with a notified person, the authorised officer shall—

(a) prepare a report containing at least the following:

(i) a summary of the facts of the case;

(ii) the regulatory breach alleged against the notified person;

(iii) details of any administrative sanction to be imposed on the notified person as part of the settlement;

(iv) a statement that the Commission and the notified person consent to the imposition of the administrative sanction referred to in subparagraph (iii); and

(v) details of any other measures agreed to be taken either by the Commission or by the notified person on foot of the settlement agreement,

(b) give a copy of the report referred to in paragraph (a) to the notified person, and

(c) subject to subsection (4), refer the matter to an adjudicator for an adjudication on consent.

(4) Where at the time the notified person is given a copy of the report in accordance with subsection (3)(b) where the matter has been referred for adjudication under section 69 (b)—

(a) the authorised officer shall notify the adjudicator concerned of the withdrawal of the referral under section 69 (b), and

(b) the matter shall be deemed to have been referred to an adjudicator under subsection (3)(c) for an adjudication on consent.

(5) Where, following the confirmation of an adjudication on consent under section 109 (1) the notified person fails to comply with any of the terms of the settlement, the Commission may apply to the High Court for an order under subsection (6).

(6) If satisfied on application to it under subsection (5) that a notified person has failed to comply with an adjudication on consent confirmed under section 109 (1), the High Court may make an order requiring that person to comply with the adjudication.

(7) The Commission may, by summary proceedings brought in a court of competent jurisdiction, recover as a debt due to the Commission any amount agreed to be paid by the notified person as part of a settlement confirmed by an order of the Court under section 109 (1).