Regulation 12 Consultation on determinationsI1

United Kingdom

(1)

If OFCOM come to a provisional view on matters referred to in regulations 3(1), 5(1), 7(1), 9(a), 9(b), 9(c) or 10(1), OFCOM must consult on that view in accordance with the consultation process set out in paragraphs (2) to (6).

(2)

Proposals for a determination referred to in regulations 3(1), 5(1), 7(1), 9(a), 9(b), 9(c) or 10(1) must be by means of a notification published by OFCOM—

(a)

setting out their proposals;

(b)

giving the reasons for making those proposals; and

(c)

specifying the period within which representations about OFCOM’s proposals may be made.

(3)

The period specified for the purposes of regulation 12(2)(c) must be one of not less than one month, beginning with the day after the day on which the notification was published.

(4)

The publication of a notification under this regulation must be in such manner as appears to OFCOM to be appropriate for bringing it to the attention of the persons who, in OFCOM’s opinion, are likely to have an interest in it, or be affected by it.

(5)

If OFCOM have considered every representation about the proposals set out in a notification published under regulation 12(2) that is made to them within the period specified in the notification, OFCOM may, by publication of a further notification, make the proposed determination, with or without modification.

(6)

The notification in regulation 12(5) must in the case of the determination referred to in regulation 10(1)—

(a)

set out the amount, in pounds sterling, to be compensated;

(b)

specify the assumed date of payment on the basis of which the amount to be compensated has been calculated;

(c)

specify the rate at which the amount to be compensated is to increase after the assumed date of payment referred to in paragraph (b);

(d)

identify each person who is a contributor; and

(e)

set out the percentage of the overall amount to be compensated that person must contribute.

Annotations

Commencement

I1: Reg. 12 in force at 15.6.2020, see reg. 1