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The Mobile Roaming (European Communities) Regulations 2007

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Legal proceedings about referred disputes

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9.  (1)  Where a dispute is referred to OFCOM under regulation 7 or referred back to OFCOM under regulation 8(6), the reference is not to prevent—

(a)the person making it;

(b)another party to the dispute;

(c)OFCOM; or

(d)any other person,

from bringing, or continuing, any legal proceedings with respect to any of the matters under dispute.

(2) Nor is the reference under regulation 7 or reference back under regulation 8(6) of a dispute to prevent OFCOM from—

(a)giving a notification in respect of something that they have reasonable grounds for believing to be a breach of an obligation imposed by the EU Mobile Roaming Regulation or by or under any enactment;

(b)exercising any of their powers under the EU Mobile Roaming Regulation or any enactment in relation to a breach of such an obligation; or

(c)taking any other step in preparation for, or with a view to doing, anything mentioned in the preceding sub-paragraphs.

(3) If, in any legal proceedings with respect to a matter to which a dispute relates, the court orders the handling of the dispute by OFCOM to be stayed or sisted—

(a)OFCOM are required to make a determination for resolving the dispute only if the stay or sist is lifted or expires; and

(b)the period during which the stay or sist is in force must be disregarded in determining the period within which OFCOM are required to make such a determination.

(4) Paragraph (1) is subject to regulation 12(7) and to any agreement to the contrary binding the parties to the dispute.

(5) In this regulation “legal proceedings” means civil or criminal proceedings in or before a court.

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