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

Independence of adjudicators

77. (1) Adjudicators shall be independent in the performance of their functions.

(2) The Commission shall put in place measures to ensure—

(a) the independence of adjudicators in the performance of their functions, and

(b) the effective implementation of, and adherence to, any regulations made under section 80 .

(3) Where an adjudicator believes that performing any of his or her functions as an adjudicator in particular administrative sanctions proceedings would potentially create a conflict of interest, then the adjudicator shall recuse himself or herself from the proceedings in question and shall notify the Commission and the parties concerned of the recusal.

(4) Where an adjudicator believes that performing any of his or her functions as an adjudicator would give rise to the perception of any potential conflict of interest, the adjudicator shall disclose that fact to the Commission and to the parties concerned in the matter with which the adjudicator is dealing, and shall, having regard to any submissions received from the person concerned or from the Commission, consider whether it is necessary to recuse himself or herself from the proceedings in question.

(5) An adjudicator shall not make an adjudication where that adjudicator has been involved in any decision of the Commission whether or not to exercise any of the powers referred to in Chapter 2 or Part 6 for the purposes of an investigation in relation to the matter the subject of the adjudication.

(6) An adjudicator shall not, during the period of his or her appointment, draw up or decide upon—

(a) guidelines under section 98 (other than subsection (1)(g)), or

(b) the policy of the Commission concerning—

(i) the bringing of criminal prosecutions, the referral of matters to the Director of Public Prosecutions or the making of referrals under section 68 (3)(c) or 71 , and

(ii) administrative sanctions that may be imposed under section 91 ,

but may be consulted in the drawing up or deciding upon of such policy or guidelines, as the case may be.

(7) Where a decision of the Commission referred to in subsection (5) is made as a college, or in any other manner whereby a decision of the Commission is treated as having been made by all members of the Commission, a member of the Commission who recused himself or herself from the process of making that decision shall, for the purposes of subsection (5), be deemed not to have been involved in that decision, provided that the recusal took place at a point and in a manner which does not compromise the independence of the member of the Commission as an adjudicator.

(8) The chairperson of the Commission shall not during his or her term of office serve as an adjudicator.

(9) A member of the Commission may not during his or her term of office serve as Chief Adjudicator.

(10) A member of the Commission or a member of staff of the Commission who is appointed as an adjudicator or is appointed to assist an adjudicator under section 81 shall not be required by the Commission or by any other person to perform any duty, including any statutory duty, of a member of the Commission or a member of staff of the Commission or of an authorised officer or of an adjudicator the performance of which interferes with his or her independence in making an adjudication or, in the case of a person appointed to assist an adjudicator under section 81 , the independence of an adjudicator whom he or she is assisting or may assist.