PART 3Disputes
Resolution of disputes: information17
1
This regulation applies where a dispute has been referred under regulation 12 to OFCOM.
2
Subject to paragraph (8), OFCOM may require a person to provide them with specified information, in the specified manner and within the specified period.
3
The information that may be specified is information required by OFCOM for the purpose of considering the dispute and making a determination under regulation 13.
4
The specified period must be reasonable.
5
In fixing that period, OFCOM must have regard, in particular, to—
a
the information that is required;
b
the nature of the dispute; and
c
the obligation imposed by regulation 13(2) (time limits for making a determination).
6
Sections 138 to 139A of the 2003 Act M1 apply to a requirement made under paragraph (2).
7
The following modifications to sections 138 to 139A apply for the purposes of paragraph (6)—
a
in section 138(1), the reference to a requirement imposed under section 135 or 136 is to a requirement imposed under paragraph (2);
b
in section 138(2)(d), the reference to a requirement under section 135 or 136 is to a requirement under paragraph (2); and
c
sections 138(2)(f) and (9A) and 139(2), (9) and (10) are omitted.
8
The power in paragraph (2) must not be exercised by OFCOM for the purposes of obtaining information in connection with whether a request made under regulations 4 to 9 was correctly refused on national security grounds.