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

Adjudication to take effect when confirmed by High Court

92. (1) An adjudication shall take effect at the time it is confirmed by the High Court under section 109 subject to any order made by a court on an appeal of the adjudication or on an application for leave to appeal the adjudication.

(2) Where an adjudication has taken effect in accordance with subsection (1) any sanction, including any financial penalty, imposed by such adjudication may be enforced without the need for any further judgment of a court.

(3) Where an adjudication has taken effect in accordance with subsection (1) any financial penalty imposed by such adjudication may be enforced by the Commission as a judgment debt.

(4) Where a person fails to comply with an administrative sanction imposed by an adjudication that has taken effect in accordance with subsection (1) the High Court may, on an application to it by the Commission in that behalf—

(a) suspend or withdraw the person’s general authorisation or rights of use,

(b) compel compliance with the adjudication and any administrative sanction imposed, or

(c) grant any injunctive relief that the Court considers necessary.

(5) The Court may not require the Commission to give an undertaking as to damages as a condition of granting any injunctive relief under subsection (4)(c).