Part 3A

Prominence on television selection services

References of disputes to OFCOM

Interim measures
362AV
1
This section applies where—
a
OFCOM decide under
section 362AU
(2)
whether or not it is appropriate for them to handle a dispute, or
b
a dispute is referred back to OFCOM under
section 362AU
(6)
.
2
OFCOM may do one or more of the following—
a
make an interim declaration setting out the rights and obligations of the parties to the dispute;
b
give an interim direction fixing the terms or conditions of transactions between the parties to the dispute;
c
give an interim direction imposing an obligation on the parties to the dispute, and enforceable by them, to enter into a transaction between themselves on the terms and conditions fixed by OFCOM.
3
OFCOM must exercise their powers under
subsection (2)
in the way that seems to them to be most appropriate in the light of the agreement objectives.
4
Before exercising their powers under
subsection (2)
, OFCOM must—
a
give the parties to the dispute an opportunity to make representations about the exercise of those powers, and
b
consider those representations.
5
In other respects, the procedure to be followed by OFCOM in connection with the exercise of their powers under
subsection (2)
is to be the procedure that OFCOM consider appropriate.
6
In the case of a dispute referred back to OFCOM under
section 362AU
(6)
, OFCOM may, in exercising their powers under
subsection (2)
, take account of decisions already made by others in the course of an attempt to resolve that dispute by alternative means.
7
OFCOM must withdraw an interim declaration or an interim direction if requested to do so by the parties to the dispute.
8
OFCOM may withdraw an interim declaration or an interim direction otherwise than at the request of the parties to the dispute if they consider that it is appropriate to do so in the light of the agreement objectives.
9
An interim declaration or an interim direction binds the parties to the dispute (unless withdrawn by OFCOM or ceasing to have effect under
section 362AY
(4)
).
10
In this section—
a
“
an interim declaration
” means a declaration that has effect until the resolution of the dispute by OFCOM or by any alternative means (unless withdrawn by OFCOM or ceasing to have effect under
section 362AY
(4)
);
b
“
an interim direction
” means a direction that has effect until the resolution of the dispute by OFCOM or by any alternative means (unless withdrawn by OFCOM or ceasing to have effect under
section 362AY
(4)
).
Pt. 3A inserted (24.5.2024 for specified purposes, 23.8.2024 except for the insertion of ss. 362AA(1)(a)(c)(5)(8), 362AJ, 362AK, 362AO) by Media Act 2024 (c. 15), ss. 28(1), 55(1)(a); S.I. 2024/858, reg. 2(1)(h) (with reg. 2(2))