Part 7

Investigatory powers etc

Investigations into relevant infringements

Commitments in lieu of investigations
70
1
Where an investigation under section 68 relates to a relevant infringement to which this section applies, the IFR may accept an appropriate commitment from the person to whom the investigation relates as to their behaviour in respect of the relevant infringement.
2
A commitment is “appropriate” if the IFR considers that the person’s compliance with the commitment would mean that it would not be necessary to carry out an investigation so far as relating to the behaviour to which the commitment relates.
3
Where the IFR accepts a commitment under this section—
a
subject to subsection (4), the IFR may not take action under Part 8 in respect of the relevant infringement, so far as relating to the behaviour, and
b
the person that gave the commitment must comply with it while it has effect.
4
But the acceptance of a commitment—
a
does not prevent an investigation from continuing so far as it relates to other behaviour in relation to the same or a different relevant infringement;
b
does not prevent the IFR beginning a new investigation in relation to the behaviour to which the commitment relates where the IFR has reasonable grounds to suspect that—
i
there has been a material change of circumstances since the commitment was accepted,
ii
the person has not complied with the commitment in any respect, or
iii
information which led it to accept the commitment was incomplete, false or misleading in a material particular.
5
This section applies to relevant infringements that are relevant infringements by virtue of any of the following provisions of Schedule 7—
a
paragraph 2(2)(a), (b), (e) or (h);
b
paragraph 2(3)(c) or (d);
c
paragraph 3(a) or (f);
d
paragraph 4(a) or (f);
e
paragraph 5, but only so far as the relevant infringement mentioned in sub-paragraph (1)(a) of that paragraph is a relevant infringement mentioned in paragraph (a) or (b) of this subsection;
f
paragraph 6(b), (c) or (f).
6
This section is without prejudice to the power of the IFR to attach or vary a discretionary licence condition to an operating licence that relates to behaviour in respect of a relevant infringement.