Section 362AW: Procedure for resolving disputes, Communications Act 2003

This section applies where—

OFCOM decide under section 362AU(2) that it is appropriate for them to handle a dispute, or

a dispute is referred back to OFCOM under section 362AU(6).

OFCOM must—

consider the dispute, and

make a determination for resolving it.

The procedure for the consideration and determination of the dispute is to be the procedure that OFCOM consider appropriate.

In the case of a dispute referred back to OFCOM under section 362AU(6), that procedure may involve allowing the continuation of a procedure that has already begun for resolving the dispute by alternative means.

Unless there are exceptional circumstances, OFCOM must make their determination before the end of the period of four months beginning with—

where OFCOM decide under section 362AU(2) that it is appropriate for them to handle the dispute, the day on which they make that decision;

where the dispute is referred back to OFCOM under section 362AU(6), the day on which it is referred back.

Where it is practicable for OFCOM to make their determination before the end of the period of four months referred to in subsection (5), they must make it as soon in that period as is practicable.

The requirements of subsections (5) and (6) are subject to section 362AY(4).

OFCOM must—

send a copy of their determination, together with a full statement of their reasons for it, to every party to the dispute, and

publish so much of their determination as (having regard, in particular, to the need to preserve commercial confidentiality) they consider it appropriate to publish.

OFCOM may fulfil their duty under subsection (8)(b) in such ways as they consider appropriate for bringing the material that they consider it appropriate to publish to the attention of members of the public.

Section 362AW: Procedure for resolving disputes

Discussed in

About this text