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

Notice of adjudication

93. (1) As soon as practicable after the adjudicator has made a decision under section 91 , the adjudicator shall provide the Commission with the decision.

(2) The Commission shall within 7 days of receipt of the decision of the adjudicator under section 91 give notice in writing of the decision to the person concerned.

(3) The notice under subsection (2) shall—

(a) include a copy of the decision of the adjudicator under section 90 (2).

(b) state that, in so far as it imposes any administrative sanction, the adjudication shall not take effect unless it is confirmed by the Court in accordance with section 109 , and

(c) state that, if the person does not appeal any administrative sanction imposed by the decision under section 106 , the Commission shall, as soon as is practicable after the expiration of the period for the making of such an appeal, make an application for confirmation of the adjudication in accordance with section 109 .

(4) The Commission may provide a copy of a notice referred to in subsection (2) to a person other than the person concerned where it considers it appropriate to do so.

(5) A copy of the adjudication shall be published on the website of the Commission.

(6) A decision referred to in subsection (1) and a copy of the adjudication referred to in subsection (3) may contain such redactions as the adjudicator considers necessary and appropriate, in respect of subsection (1) on his or her own motion, or in respect of subsection (2) or (3) upon application of the Commission or any of the persons concerned—

(a) to protect commercially sensitive information,

(b) to protect the rights of the person concerned or any other person, or

(c) for any other good and sufficient reason.

(7) A person who receives a copy of a notice under subsection (2) prior to the publication of the adjudication shall not, without the prior authorisation of the adjudicator, disclose the existence or the content of the notice to any other person.

(8) A person who receives a copy of a notice under subsection (2) that contains material redacted from publication under subsection (6) shall not, without the prior authorisation of the adjudicator, disclose the content of the redacted material to any other person.

(9) A person who fails to comply with subsection (7) or (8) commits an offence and is liable—

(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months or both, or

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine not exceeding €250,000 or both.