Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023
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Decision of adjudicator in relation to breach | ||
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90. (1) An adjudicator shall consider the following when making a decision in relation to a matter referred to him or her under section 71 : | ||
(a) the notice of suspected non-compliance served under section 63 (and any supplementary notice of suspected non-compliance served under section 64 ); | ||
(b) the referral report; | ||
(c) any written submissions made by the notified person on the notice of suspected non-compliance, any supplementary notice of suspected non-compliance and the referral report; | ||
(d) any submissions, statements, admissions, information, records or other evidence provided to the adjudicator in the course of the proceedings; | ||
(e) any prior relevant adjudication that has been confirmed by the High Court under section 109 . | ||
(2) In any matter referred to an adjudicator under section 71 the adjudicator may make a decision as to whether, on the balance of probabilities, a person has committed or is committing a regulatory breach. | ||
(3) Where— | ||
(a) an adjudicator makes a decision under this section that a person has committed or is committing a regulatory breach, and | ||
(b) the regulatory breach concerned constitutes a criminal offence, | ||
the person found to have committed, or be committing, the regulatory breach shall not be prosecuted for the criminal offence constituted by the regulatory breach. | ||
(4) A decision under subsection (2) shall be dated and include— | ||
(a) the reasons for the decision, | ||
(b) the notice of suspected non-compliance and any supplementary notice of suspected non-compliance, | ||
(c) the evidence, including any information, records, documents, statements, admissions, evidence and written and oral submissions, considered, | ||
(d) information regarding the right of appeal provided for under section 106 where a final decision has been made, | ||
(e) the name of the person found to have committed, or to be committing, a regulatory breach, and the nature of the breach, and | ||
(f) such other particulars or material as the adjudicator considers appropriate. | ||
(5) For the avoidance of doubt, a decision may be made under subsection (2) or section 91 (1) in relation to conduct that is no longer ongoing at the time at which the decision is made. |