Part 2

Networks, services and the radio spectrum
Chapter 3

Disputes and appeals

Disputes

Legal proceedings about referred disputes
187
1
Where a dispute is referred or referred back to OFCOM under this Chapter, 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 or reference back to OFCOM under this Chapter 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 contravention of any obligation imposed by or under any an enactment;
b
exercising any of their other powers under any enactment in relation to a contravention of such an obligation; or
c
taking any other step in preparation for or with a view to doing anything mentioned in the preceding 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
Subsection (1) is subject to section 190(8) and to any agreement to the contrary binding the parties to the dispute.
5
In this section “legal proceedings” means civil or criminal proceedings in or before a court.
S. 187 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))
S. 187 in force at 29.12.2003 in so far as not already in force by S.I. 2003/3142, art. 3(2) (with art. 11)