Part 3A

Prominence on television selection services

References of disputes to OFCOM

Effect of referrals on legal proceedings
362AY
1
This section applies where—
a
a dispute is referred to OFCOM under
section 362AT
(3)
, or
b
a dispute is referred back to OFCOM under
section 362AU
(6)
.
2
The reference, or reference back, does not prevent the person making it, the other party to the dispute, OFCOM or any other person from bringing, or continuing, any legal proceedings with respect to any of the matters under dispute.
3
The reference, or reference back, also does not prevent OFCOM from—
a
giving a notification in respect of something that they have reasonable grounds for believing to be a contravention of an obligation imposed by or under an enactment;
b
exercising any of their powers under any enactment in relation to a contravention of an obligation imposed by or under an enactment;
c
taking any other step in preparation for, or with a view to, doing anything mentioned in the preceding paragraphs.
4
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,
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 a determination, and
c
any interim declaration or interim direction made or given by OFCOM under
section 362AV
(2)
ceases to have effect.
5
In this section, “
legal proceedings
” means civil or criminal proceedings in or before a court.
6
Subsection (2)
is subject to—
a
section 362AX
(8)
, and
b
any agreement to the contrary binding the parties in dispute.
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))