The Mobile Roaming (European Communities) Regulations 2007

Resolution of referred disputes

12.—(1) Where OFCOM make a determination for resolving a dispute referred to them under regulation 7 or referred back to them under regulation 8(6), their only powers are those conferred by this regulation.

(2) Their main power is to do one or more of the following—

(a) to make a declaration setting out the rights and obligations of the parties to the dispute;

(b) to give a direction fixing the terms or conditions of transactions between the parties to the dispute;

(c) to give a direction imposing an obligation, enforceable by the parties to the dispute, to enter into a transaction between themselves on the terms and conditions fixed by OFCOM; and

(d) for the purpose of giving effect to a determination by OFCOM of the proper amount of a charge in respect of which amounts have been paid by one of the parties to the dispute to the other, to give a direction, enforceable by the party to whom the sums are to be paid, requiring the payment of sums by way of adjustment of an underpayment or overpayment.

(3) Nothing in this regulation prevents OFCOM, in consequence of their consideration under these Regulations of any dispute, from exercising any of the powers mentioned in section 190(4) of the Act.

(4) In the case of a dispute referred back to OFCOM under regulation 8(6)—

(a) OFCOM may, in making their determination, take account of decisions already made by others in the course of an attempt to resolve the dispute by alternative means; and

(b) the determination made by OFCOM may include provision ratifying decisions so made.

(5) Where OFCOM make a determination for resolving a dispute, they may require a party to the dispute—

(a) to make payments to another party to the dispute in respect of costs and expenses incurred by that other party in consequence of the reference of the dispute to OFCOM, or in connection with it; and

(b) to make payments to OFCOM in respect of costs and expenses incurred by them in dealing with the dispute.

(6) OFCOM are not, under paragraph (5)(b), to require payments to be made to them by a party to the dispute except where it appears to OFCOM that the reference of the dispute by that party was frivolous or vexatious or that that party has otherwise abused the right of reference conferred by these Regulations.

(7) A determination made by OFCOM for resolving a dispute referred under regulation 7 or referred back to them under regulation 8(6) binds all the parties to the dispute.

(8) Paragraph (7) is subject to regulation 14.