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

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Actions following referral under section 71

85. (1) In the case of a referral under section 71 the adjudicator may do any of the following that he or she considers necessary to resolve an issue of fact or otherwise enable the adjudicator to make an adjudication:

(a) exercise any of the powers under section 87 ;

(b) request further information from the person concerned;

(c) request further information from any other person, and may, for the purposes of doing so, provide, with due regard for the protection of commercially sensitive information, a copy of the referral report to the person;

(d) conduct an oral hearing.

(2) Where there is a dispute of fact which cannot be successfully resolved in accordance with paragraphs (a) to (c) of subsection (1) the adjudicator concerned shall, on the request of the notified person, conduct an oral hearing in order to resolve the dispute.

(3) Where an oral hearing takes place at which a person may make submissions to the adjudicator on the referral report, the adjudicator shall not be required to give to the person the material referred to in subsection (5).

(4) As soon as practicable after making a request under subsection (1)(c), the adjudicator shall give to the Commission, and shall, with due regard for the protection of commercially sensitive information, give to the notified person, a copy of the request.

(5) As soon as practicable after receiving any information pursuant to a request under subsection (1)(c), the adjudicator shall, with due regard for the protection of commercially sensitive information, give the Commission and the person—

(a) a copy of the information or, where commercial confidentiality means that such information cannot be provided in full, a summary of such information, and

(b) written notice stating that the Commission and the person may make written submissions to the adjudicator on the information within the period of 21 days beginning on the date of service of the notice, or such further period, not exceeding 14 days, as the adjudicator may specify in the notice.

(6) A person who receives a copy of a report under subsection (1)(c), shall not, without the prior authorisation of the adjudicator, disclose the existence or the content of the report to any other person.

(7) A person who contravenes subsection (6) commits an offence and is liable on summary conviction to a class A fine.

(8) An adjudicator may direct an employee of the Commission who has been required under section 81 (1)(a) to assist the adjudicator in the performance of his or her functions to make any communication on his or her behalf.