Part 6

Distribution of revenue

Resolution process

The mediation stage
60
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.
S. 60 in force at Royal Assent for specified purposes, see s. 100(2)(g)