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Section 186 Action by OFCOM on dispute referenceI1I2C1

United Kingdom

(1)

This section applies where a dispute is referred to OFCOM under and in accordance with section 185.

(2)

OFCOM must decide whether or not it is appropriate for them to handle the dispute.

(2A)

F1In relation to a dispute falling within subsection 185(1), OFCOM may in particular take into account their priorities and available resources in considering whether it is appropriate for them to handle the dispute.

(3)

F2In relation to a dispute falling within section 185(1A) or (2), Unless they consider—

(a)

that there are alternative means available for resolving the dispute,

(b)

that a resolution of the dispute by those means would be consistent with the F3six requirements set out in section 4, and

(c)

that a prompt and satisfactory resolution of the dispute is likely if those alternative means are used for resolving it,

their decision must be a decision that it is appropriate for them to handle the dispute.

(4)

As soon as reasonably practicable after OFCOM have decided—

(a)

that it is appropriate for them to handle the dispute, or

(b)

that it is not,

they must inform each of the parties to the dispute of their decision and of their reasons for it.

(5)

The notification must state the date of the decision.

(6)

F4In relation to a dispute falling within section 185(1A) or (2), Where—

(a)

OFCOM decide that it is not appropriate for them to handle the dispute, but

(b)

the dispute is not resolved by other means before the end of the four months after the day of OFCOM’s decision,

the dispute may be referred back to OFCOM by one or more of the parties to the dispute.

Annotations

Textual amendments

F1

S. 186(2A) inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 93(a) (with Sch. 3 para. 2)

F2

Words in s. 186(3) inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 93(b) (with Sch. 3 para. 2)

F3

Word in s. 186(3)(b) substituted (31.12.2020) by The Electronic Communications and Wireless Telegraphy (Amendment) (European Electronic Communications Code and EU Exit) Regulations 2020 (S.I. 2020/1419), reg. 1(3)(a), Sch. 1 para. 79

F4

Words in s. 186(6) inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 93(b) (with Sch. 3 para. 2)

Modifications

C1

Ss. 185-191(4) applied (6.4.2023) by The Trade (Mobile Roaming) Regulations 2023 (S.I. 2023/214), regs. 1(b), 9(2)(3)

Commencement

I1

S. 186 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

I2

S. 186 in force at 29.12.2003 in so far as not already in force by S.I. 2003/3142, art. 3(2) (with art. 11)