Paragraph 3 Enforcement of provisions of a relevant approved code
Subject to sub-paragraphs (2) and (3), despite the withdrawal by OFCOM of their approval for a relevant approved code in a notification given in accordance with section 121(7) of the Act, after 1st February 2025, they are authorised or required to do anything that the relevant enforcement authority was authorised or required to do for the purposes of or in connection with the carrying out of its functions under the provisions of that relevant approved code.
Where the provisions of a relevant approved code provide for a relevant enforcement authority to appoint a legally qualified person (“former sole adjudicator”) or a panel of persons (“former panel”), those provisions are to have effect as if they authorised or required OFCOM to appoint—
where they refer to a former sole adjudicator, a person with not less than 10 years of experience practising as a lawyer, and
where they refer to a former panel, a panel of three members meeting the requirements in sub-paragraph (4),
and, accordingly, references in a relevant approved code to a former sole adjudicator or a former panel are to be read, as regards all times on and after 1st February 2025, as references to either a person referred to in paragraph (a) or a panel referred to in paragraph (b), as applicable.
A person (“new sole adjudicator”) or a panel (“new panel”) so appointed by OFCOM may be appointed on an ad hoc basis and is authorised or required to do anything that the former sole adjudicator or the former panel, as applicable, was authorised or required to do for the purposes of or in connection with the carrying out of the functions under the provisions of the relevant approved code.
A panel of three members meets the requirements of this sub-paragraph where the panel is established such that—
it has a chair with not less than 15 years of experience practising as a lawyer to preside over it,
if the members of the panel are unable to agree, they are to take any decision by majority vote,
if the chair is unable to continue after the commencement of any hearing, the chair may appoint either of the remaining two members to chair the panel, and in that case the panel is to consist of the remaining two members for the rest of the proceedings,
if the remaining member appointed under paragraph (c) is not a lawyer, another person must be appointed with not less than 15 years of experience practising as a lawyer to attend the proceedings and advise the remaining members on any questions of law arising,
if a member of the panel (other than its chair) is unable to continue after the commencement of any hearing, the panel is to consist of the remaining two members for the rest of the proceedings, and
where in accordance with either paragraph (c) or (e) the panel consists of two members, a decision of the panel must be unanimous.
In this paragraph, “lawyer” means a person practising as an advocate, barrister or solicitor in any part of the United Kingdom.