Communications Act 2003

362AX Resolution of referred disputes

(1) This section applies where OFCOM make a determination for resolving a dispute under section 362AW(2). (2) OFCOM may do one or more of the following— (a) make a declaration setting out the rights and obligations of the parties to the dispute; (b) give a direction fixing the terms or conditions of transactions between the parties to the dispute; (c) give a direction imposing an obligation on the parties to the dispute, and enforceable by them, to enter into a transaction between themselves on the terms and conditions fixed by OFCOM; (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) OFCOM must exercise their powers under subsection (2) in the way that they consider to be the most appropriate for meeting the agreement objectives. (4) In the case of a dispute referred back to OFCOM under section 362AU(6)— (a) OFCOM may, in making their determination, take account of decisions already made by others in the course of an attempt to resolve that dispute by alternative means, and (b) the determination made by OFCOM may include provision ratifying such decisions. (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; (b) to make payments to OFCOM in respect of costs and expenses incurred by them in dealing with the dispute. (6) OFCOM may determine— (a) the amount of any costs or expenses required to be paid under subsection (5)(a) or (b), and (b) when those costs or expenses are to be paid. (7) OFCOM may not require a party to the dispute to make payments to another party or to OFCOM under subsection (5) unless they have considered— (a) the conduct of the party before and after the reference to OFCOM (including, in particular, whether any attempts have been made to resolve the dispute), and (b) whether OFCOM have made a decision in the party’s favour in respect of the whole or a part of the dispute. (8) A determination made by OFCOM for resolving a dispute referred to them under section 362AT(3), or referred back to them under section 362AU(6), binds the parties to the dispute.