Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023
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Appeal against urgent interim measures notice | ||
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105. (1) A person to whom an urgent interim measure is directed may appeal to the Court against such measure not later than 14 days after the date of service of the urgent interim measures notice under section 57 . | ||
(2) On application, the Court may extend the period within which an appeal may be brought under subsection (1), where it is satisfied that— | ||
(a) there is exceptional, good and sufficient reason for doing so, and | ||
(b) the circumstances that resulted in the failure to bring an appeal within the period provided for in subsection (1) were outside the control of the applicant for the extension. | ||
(3) Where an appeal is made under subsection (1)— | ||
(a) the appellant may apply to the Court to have the urgent interim measure suspended until such time as the appeal is determined, and | ||
(b) the Court may, if it considers it appropriate to do so having regard to all the circumstances, order that the urgent interim measure or part thereof, be suspended until the appeal is determined, or until such other time as the Court may order. | ||
(4) In any appeal under subsection (1), the Court may not require the Commission to give an undertaking as to damages as a condition of granting any order. |