(1)This section applies where the IFR gives a notice under section 59(6).
(2)The two specified competition organisers to which the notice was given must appoint a mediator before the end of the period of 14 days beginning with the day on which the notice was given.
(3)If the period mentioned in subsection (2) ends without an appointment having been made by the specified competition organisers, the IFR must appoint a mediator as soon as reasonably practicable after that period has ended.
(4)The IFR may extend the period in subsection (2) by up to a further 28 days if it considers there are special reasons for doing so.
(5)A person appointed as a mediator under subsection (3) must be a person who the IFR considers to have appropriate skills and experience.
(6)A mediator appointed under this section must mediate negotiations between the specified competition organisers on the question or questions for resolution set out in a notice under section 59(6)(b)(i) until whichever of the following events occurs first—
(a)the specified competition organisers resolve that question or those questions (whether by entering into a distribution agreement or otherwise);
(b)the end of the period of 28 days beginning with the day on which the mediator is appointed;
(c)the specified competition organisers agree to terminate the mediation;
(d)the mediator notifies the specified competition organisers that the mediator considers—
(i)that there is no reasonable prospect of the specified competition organisers resolving the question or questions for resolution set out in a notice under section 59(6)(b)(i) (whether by entering into a distribution agreement or otherwise) within the period mentioned in paragraph (b), or
(ii)either of the specified competition organisers is acting in bad faith.
(7)The IFR must extend the period in subsection (6)(b)—
(a)if requested in writing to do so by the mediator, and
(b)by such period as is set out in the request, which may be up to a further 28 days.
(8)The period in subsection (6)(b) may only be extended once.
(9)A notification under subsection (6)(d) must include reasons for the decision.
Commencement Information
I1S. 60 in force at Royal Assent for specified purposes, see s. 100(2)(g)